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HomeMy WebLinkAboutSW8930710_Historical File_2010120619 VA ��6� WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 6, 2010 Mr. Wade Harris, President Crosswinds HOA, Inc. c/o HOAMS PO Box 12633 Wilmington, NC 28406 Subject: Stormwater Permit No. SW8 930710 Crosswinds Subdivision and Pond Overall Low Density Residential Subdivision with a Piped Stormwater Collection System treated in a Wet Detention Pond New Hanover County Dear Mr. Harris: The Wilmington Regional Office received the completed and signed Name./Ownership Change form regarding the Stormwater Management Permit for Crosswinds Subdivision and Pond on August 20, 2010. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and as directed by the June 5, 2007 Consent ' Judgment . We are forwarding Permit No. SW8 930710, dated December 6, 2010, for the construction and continued maintenance of the subject project. This permit shall be effective from the date of issuance until December 6, 2020, and shall be subject to the conditions and limitations as specified therein. Please pay . special attention to the Operation and Maintenance requirements in the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 796-7215. Sincerely, Rick Shiver Regional Supervisor Surface Water Protection Section Wilmington Regional Offince 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 ne Phone: 910-796-72151 FAX: 910-350-20041 Customer Service:1-877-623-6748 TTo iCarolina Hr Internet ww.ncwaterquality.org tur�r!!l An Equal Opportunity 1 Affirmative Action Employer il State Stormwater Management Systems Permit No. SW8 930710 RSS/arl: S:IWQSISTORMWATERIPERMIT1930710.dec10 cc: Don Laton, Assistant Attorney General, NCDOJ New Hanover County Building Inspections City of Wilmington Public Services Beth E. Wetherill, New Hanover County Engineering Clay Collier, Crossley McIntosh & Collier /B&D Development Charles Meier, Marshall, Williams & Gorham, LLP /Crosswinds HOA Brian Geschickter /Wedgefield HOA Wilmington Regional Office Stormwater File DWQ Central Files Page2of10 State Stormwater Management Systems Permit No. SW8 930710 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT OVERALL LOW DENSITY SUBDIVISION DEVELOPMENT WITH A PIPED STORMWATER COLLECTION SYSTEM In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Crosswinds HOA, Inc. Crosswinds Subdivision and Pond South College Road at Crosswinds Drive, Wilmington, New Hanover County FOR THE construction, operation and maintenance of one (1) wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater mules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until December 6, 2020, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The overall tract built -upon area percentage for the project must be maintained at 30% per the requirements of Section .1005 of the stormwater rules. The onsite built -upon area is permitted for a maximum of 38.7 acres of BUA. The designated offsite drainage area has been accounted for at a maximum of 30% built -upon since it is a residential area. 3. The stormwater system is proposed to treat the runoff entering the piped collection system and has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. 4. This permit covers Sections 2, 3, 4, and 5 of Crosswinds Subdivision, containing 155 lots, each limited to a maximum amount of built -upon, area as indicated in Section 11.15 (f) of this permit. Section I of Crosswinds is accounted for as part of the drainage area to the pond. Wedgefield and Masonboro Village are included as "offsite" drainage into this pond, as shown on the drainage area map, but will retain their own permits as they are permitted to a different entity. Page 3 of 10 State Stormwater Management Systems Permit No. SW8 930710 5. The previously issued permits for Sections 2, 3, 4 and 5 are herewith rescinded and the associated lots and lot Built -upon Area are combined into this one permit under SW8 930710. Previous permit numbers, permitted number of lots and permitted BUA per lot for each Section are as follows: a. Section 2 — SW8 920605 28 lots @4,500 sf b. Section 3 — SW8 930102 31 lots @3,500 sf C. Section 4 — SW8 930912 36 lots @3,850 sf d. Section 5 — SW8 950810 60 lots @4,650 sf 6. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 7. Per the June 5, 2007, Consent Judgment, the following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 155.90 Onsite, acres: 129 (includes Crosswinds South and Wedgefield) Offsite, acres: 26.9 (Roseman and Hidden Valley) b. Total Impervious Surfaces, ft2: 2,037,301 (30% overall) Crosswinds, ft2: 1,312,396 Offsite Total, ft2: 724 905 Roseman and Hidden Valley ft�: 351,529 it 921115 Crosswinds South, : 138,016 960317 Wedgefield, ft2: 235,360 c. Pond Depth, feet: 4.5 d. TSS removal efficiency: 85% e. Design Storm: 1 inch f. Permanent Pool Elevation, FMSL: 15.2 g. Permitted Surface Area @PP ft2: 64,456 h. Permitted Storage Volume, ft�: 189,558 (at storage elevation) i. Storage Elevation, FMSL: 17.5 j. Controlling Orifice: 4"0 pipe k. Permanent Pool Volume, ft3: n/a I. Forebay Volume, ft3: n/a m. Maximum Fountain Horsepower: n/a n. Receiving Stream / River Basin: Hewlett's Creek / CPF24 o. Stream Index Number: 18-87-26 p. Classification of Water Body: "SA" (> % mile from) II. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales), shown on the approved plans as part of the stormwater management system, unless and until a revision to the permit is submitted to and approved by the Division. This provision does not apply to the placement of the plug in the shared drainage ditch at the appropriate break point as outlined in item #2 of the "Order" section of the June 5, 2007 Consent Judgment. 2. The permittee is responsible for verifying that the proposed built -upon area for the lot does not exceed the maximum allowed by this permit. The permitted maximum built -upon area.may not be increased without approval from the Division of Water Quality. The permittee shall monitor the lot built -upon areas on a routine basis and ensure that no individual lot owner has exceeded the maximum allocated built -upon area limit for that lot. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 930710 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. The Board is responsible for reviewing the lot plans and making sure that the plan does not propose to exceed the maximum allowed built -upon area for that lot. The Board may not approve a lot plan if it exceeds the maximum BUA established by this permit for that lot. The lot owner may not subsequently add more built -upon area in excess of what the Board has approved without first receiving approval from the Board. Both the Board and the lot owner share responsibility for maintaining compliance with the permitted BUA limits. 4. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 5. The stormwater management system shall be constructed in its entirety per the conditions of the June 2007 Consent Judgment, vegetated and operational for its intended use prior to the construction of any built -upon surface. 6. The runoff from all built -upon area within the permitted drainage area of the pond must be directed into the permitted stormwater control system. 7. The stormwater system must be operated with a 30' vegetated filter. The outlet ditch leading from the pond is considered as the required filter. 8. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. p- Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown within the permit boundary on the approved plan. 9. The Director may determine that other revisions to the project should require a modification to the permit. 10. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 11. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Page 5 of 10 State Stormwater Management Systems Permit No. SW8 930710 12. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted changes to this facility have been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 930710, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place on the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is as follows: Section # # of lots BUA per Lot (ft) Section 2 28 4,500 Section 3 31 3,500 Section 4 36 3,850 Section 5 60 4,650 This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Page 6 of 10 State Stormwater Management Systems Permit No. SW8 930710 16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 17. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 18. This permit shall become void unless the facilities are constructed in accordance with the conditions of the June 5, 2007 Consent Judgment, the conditions of this permit, the approved plans and specifications, and other supporting data. 19. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. At least 30 days prior to a change of ownership, or a name change of the Permittee or of the project, or a mailing address change, the permittee shall submit a completed and signed "Name/Ownership Change Form" to the Division of Water Quality along with the applicable documents as listed on the form. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. Neither the sale of the project in whole or in part, nor the conveyance of common area to a. third party shall be considered an approved permit transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination dries not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for as long as the permitted system is used for the purpose of treating stormwater runoff from the development. Page 7 of 10 State Stormwater Management Systems Permit No. SW8 930710 9. The permittee shall submit a request to renew the permit at least 180 days prior to the expiration date of this permit. The request shall include a completed renewal application and fee. Permit issued this the 6th day of December 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 930710 Page 8 of 10 State Stormwater Management Systems Permit No. SW8 930710 Crosswinds Subdivision and Pond Stormwater Permit No. SW8 930710 New Hanover_Coun Design,ar'a Certification Page 1 of 2 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 9 of 10 State Stormwater Management Systems - Permit No. SW8 930710 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. _ 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office New Hanove County Building Inspections Page 10 of 10 &;,0A NODE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: 930710 2. Project Name: Crosswinds 3. Current Permit Holder's Company Name/Organization: ssD Development Corporation 4. Signing Official's Name: William K. Trask Title: President (person legally responsible for permit) 5. Mailing Address: c/1 Clay A. Collier, Attorney, 1430 Commonwealth Drive City: Wilmington State: NC Zip: 28411ba 6. Phone: 9( 10 ) 762-9711 Fax; 9( 10 ) 256-0310 II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ® Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ® Other (please explain):_ Terms of Consent Judgment (attached) 1. Proposed permittee's company name/organization: crosswinds HOA, Inc. 2. Proposed permittee's signing official's name: Wade H. Harris, President 3. Proposed permittee's Title: Homeowners Association 4. Mailing Address: c/o HOAMS, P.O. sox 12633 City: Wilmington State: NC Zip: 28406 Phone: 910 762-3262 Fax: (910 ) 762-3252 5. New Project Name to be placed on permit: Crosswinds HOA, Inc. Please check the appropriate box. The proposed permittee listed above is: © HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above). ❑ The property owner. ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner Information on page 4) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev1 Mov2009 Page 1 of 4 III. REQUIRED ITEMS This application package will not be accepted by the Division of Water Quality unless all of the applicable required items listed below are included with the submittal. 1. This completed and signed form. 2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee and Proposed Permittee Sections) 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit and if not already submitted to DWQ. 5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from the Secretary of State office, which supports the named president, vice president, member, manager or General Partner. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee to the property owner or other responsible party such as an HOA, the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements: ❑ Check here if the Current Owner is only changing the owner name, company name or project name, or the mailing address, and will retain ownership of the permit I, , the current owner, hereby notify the Division of Water Quality that I am changing my name or company name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments as outlined above are not included, this application package will be returned as incomplete. x❑ Check here if Current Owner is transferring (selling) the property to a new owner and will not retain ownership of the permit. I, B&D Development Corporation, the current owner, am submitting this application for a transfer of ownership for permit #930710 . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I further acknowledge and attest that I have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permittee named in Sections II and V of this form at the mailing address listed in Section II of this form. I further attest that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of this form. I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs this form. I understand that in the event the facility is not in compliance or the Proposed Permittee does not sign this form, the responsibility to bring the facility into compliance and to comply with the terms and conditions of the permit remains with me until such time as the Proposed Permittee signs this form and the Division approves it. B&D Develop ent Corp tion Signature: b _ Date: g I . w D ,l W1 m Kda? ras , President 4Isa-rc,a Notary Public for the State of 006J/Ik7e, , County of #Fk) WJA , do hereby certify that fit/�o/pia tu, /,i . "Tnosl� personally appeared before me this the / day of III .2016 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, All /JA0" Notatry SigrFature SSW N/O Change ReA 6Nov2009 Page 2 of 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, Crosswinds HOA, Inc. , hereby notify the Division of Water Quality that I have acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and maintaining, the permitted stormwater management system. I have examined the permit and inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit and to comply with the terms and conditions of the permit. I attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all =rned d supporting information and attachments are not included, this application package will as incomplete. I further acknowledge and attest that in the event the required facility inspection reveals that the project is not in compliance with the permit, I understand this transfer of ownership will not be approved until the project is brought into compliance. I acknowledge and attest that I have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permittee. I further acknowledge and agree that I will construct and/or o9pqrpe and maintain the system per the requirements listed in the permit and in the perati i enance agreement. Cro nds 0 , Signature:b G Date: Wade H. Harris, Pre ident F-v- c,-n6_. M i 4r-he tI 5 k.i. nYl�2llr , Notary Public for the State of tAw_"n Caar-nl,-,Ina , County of Nk4z 4a.np va*— , do hereby certify that Wade 4 • 4cLrri S personally appeared before me this the q day of . ALA. 4 , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature A. FRANCINE MITCHELL SKINNER NOTARY PUBLIC NEW HANOVER COUNT, NC My commisft j approved Operation and Maintenance p an of the Division of Water Quality. Additional copies of the original permit and the obtained from the appropriate Regional Office (Notary Seal) can be This completed form, including all supporting documents and processing fee, should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee /developer and the property owner will appear on the permit as permittees. SSW N/O Change Revl Mov2009 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: State: (if different from street address) State: Fax: Zip: Zip: Email: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: 1, , a Notary Public for the State of , County of , do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) SSW N/O Change Rev16Nov2009 Page 4 of 4 REC'D AUG 2 0 2010 MARSHAT.T., WILLIAMS & GORHAM, L.L.P. ALAN A. MARSHALL, (1908-1979) LONNIE B. WILLIAMS A. DUMAY GORHAM, JR. WILLIAM ROBERT CHERRY, JR. RONALD H. WOODRUFF LONNIE B. WILLIAMS, JR. CHARLES D. MEIER JOHN L. COBLE F. MURPHY AVERITT III MATTHEW B. DAVIS Hand Delivery Ms. Linda Lewis DENR 127 North Cardinal Drive Wilmington, NC 28405-3845 ATTORNEYS AT LAW WILMINGTON. NORTH GAROLINA August 20, 2010 Re: Crosswinds HOA Storm Water Management Permit #930710 Dear Ms. Lewis: MAILING ADDRESS P.O. DRAWER 2088 WILMINGTON, N.C. 28402-2088 TELEPHONE (910) 763-9891 FACSIMILE (910) 343-8604 www.mwgiaw.com OFFICES 14 SOUTH FIFTH AVENUE WILMINGTON, N.C. 28401 -4539 cdei@m*glaw.com Our File No.: 091244-03 Enclosed please find the original State Stormwater Permit/Ownership Change Form which has been executed and notarized by B&D Development Corporation and Crosswinds HOA, Inc. It is my understanding from the form that no fee is required. In accordance with the form and the consent order, please transfer the permit to the Crosswinds HOA, Inc. Yours very truly, MARSHALL, WILLIAMS & GORHAM, L.L.P. Charles D. Meier CDM/mm Enclosure cc: Richard Collins (w/encl. via mail) Don Laton (w/out encl. via e-mail) Clay Collier (w/out encl. via e-mail) 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, et 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 or judge. 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 here if space sufficient.) Name And Location of Court/Place Of Deposition/Place To Produce Date To Appear/Produce New Hanover County Courthouse Room 400 August 23 2010 316 Princess Street Time To Appear/Produce Wilmington, NC 28401 10:00 ® AM ❑ PM Name And Address of Applicant or Applicant's Attorney Date Charles D. Meier Au ust 9 kc&W0 P.O. Drawer 2088 Signature Wilmington, NC 28402-2088 Telephone No. ❑ Deputy CSC ❑ Assistant CSC ❑ Clerk Of 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 sheriff's office for witness subpoenaed to appear and testify.) ❑ I was unable to serve this subpoena. Service Fee ❑ Paid Date Served Signature of Authorized Server Title $ ❑ Due NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case. if a 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. 12/09 (Please See Reverse Side) © 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 'or the issuance and service of a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on a person subject to the >ubpoena. The court shall enforce this subdivision and impose upon the )arty or attorney in violation of this requirement an appropriate sanction that nay include compensating the person unduly burdened for lost earnings and 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 cf 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 custodian subpoenaed may, in lieu of personal appearance, tender to the court 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 specked 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 quash: 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 Attomey. 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. Marshall, Williams a RETURN RECEIPT REQUESTED ELECTRONICALLY Gorham:,LLP PO Box 2088 Wilmington NC 28402-2088 7118 9042 9551 0133 5604 DENR LINDA LEWIS 127 N CARDINAL DR WILMINGTON NC 28405-3845 SEW 0000002 Aua 1 2010 Lewis,Linda From: Lewis, Linda Sent: Friday, August 06, 2010 9:14 AM To: 'Charles Meier' Cc: Laton, Don; wharris2@ec.rr.com; Richard Collins Subject: RE: Crosswinds Mr. Meier: Thank you for the Name / Ownership change form. In answer to your question, yes, the form appears to be in order and will need to be signed and dated by Mr. Thompson and by Mr. Harris. Both signatures need to be notarized. Please make sure that the final form submitted to the Division contains the original signatures of both parties. The Division cannot accept photocopied signatures. Please contact Ms. Jo Casmer at 796-7336 to schedule an appointment to view the Crosswinds files 930710 and 921115. Linda Please note my new email address is Linda.Lewis@ncdenr.gov 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: Charles Meier [mailto:cdm@mwglaw.com] Sent: Thursday, August 05, 2010 3:18 PM To: Lewis,Linda Cc: Laton, Don; wharris2@ec.rr.com; Richard Collins Subject: Crosswinds See attached. Charles D. Meier MARSHALL, WILLIAMS & GORHAM, L.L.P. 14 S. Fifth Street Wilmington, NC 28401 Phone: (910) 763-9891 Fax: (910) 343-8604 CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a lawyer. It may contain information that is confidential, privileged, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, nr any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney -client privilege that may attach to this communication. Thank you for your cooperation. TAX ADVICE NOTICE: New Treasury Regulations require us to inform you that neither you nor any other recipient may use any tax advice in this communication to avoid any penalty that may be imposed under federal law. To obtain penalty protection, the new Regulations require attorneys, accountants and other tax advisors to perform increased due diligence to verify all relevant facts and to format the written tax advice in a lengthy number of separately enumerated sections with 1 MARSHAT;r., WILLIAMS & GORHAMV L.L.P. ATTORNEYS AT LAW WILMINGTON. NORTH CAROLINA ALAN A. MARSHALL, (1908-1979) LONNIE B. WILLIAMS A. DUMAY GORHAM, JR. WILLIAM ROBERT CHERRY, JR. RONALD H. WOODRUFF LONNIE B. WILLIAMS, JR. CHARLES D. MEIER JOHN L. COBLE F. MURPHY AVERITT III MATTHEW B. DAVIS Via Regular mail and e-mail Ms. Linda Lewis DENR 127 North Cardinal Drive Wilmington, NC 28405-3845 MAILING ADDRESS P.O. DRAWER 2088 WILMINGTON, N.C. 28402-2088 TELEPHONE (910) 763-9891 FACSIMILE (910) 343-8604 August 5, 2010.www.mwgiaw.com OFFICES 14 SOUTH FIFTH AVENUE WILMINGTON, N.C. 28401-4539 cckn@mnglaw.com Our File No.: 091244-03 Fe-,r".,^3 cros5w1"4_5 AL, -Iv c3a, — Re: Crosswinds HOA Storm Water Management Permit #930710 a �U D r �/�tt�� r •� c� Z S Dear Ms. Lewis: I enclose a draft of the State Storm Water permit n l -.- recall, this was required by the Consent Order entered in thi; a 91, ed ` ° v S Please advise if the form is in order. If so, I will ha L -e to obtain the signature of B&D Development Corporation? I would also like to make an appointment to review Ulu OLUrm water permit tiles for permit numbers 930710 and 921115. I would like to do that sometime next week in the morning if possible. Please advise. Ms. Linda Lewis August 5, 2010 Page 2 I aim e-mailing a copy of this letter to Don Laton. Yours very truly, MARSHALL, WILLIAMS & GORHAM, L.L.P. Charles D. Meier CDM/mm Enclosure cc: Client Don Laton Lewis,Linda From: Laton, Don [dlaton@ncdoj.gov] Sent: Friday, January 29, 2010 2:29 PM To: Lewis,Linda; Shiver, Rick Cc: Cooper, Kathy Subject: FW: Wedgefield Motion for February 1, 2010 in New Hanover County Attachments: image001.gif Importance: High Linda & Rick: Please see the message from Wedgefield lawyer. I've called the Trail Court Coordinator and confirmed by speaking with her that this matter has been taken off the calendar for Mon. Feb. 1, 2010. You do not need to be at the courthouse. I will not be there either. Brian Geschickter (Wedgefield's lawyer) will re -notice the matter for March (please see his message). Perhaps by then the HOAs will work out their differences I do want to speak with one or both of you about the case to go over a few points. I haven't had any lunch and am about to go get something. Will return. I've taken on the role of Snow Scrooge because I have too much to do to deal with snow. But, it appears that we will get some snow and/or ice. Don From: Brian Geschickter [mailto:Brian@baglaw.com] Sent: Friday, January 29, 2010 10:50 AM To: 'Charles Meier'; Laton, Don; clays@cmclawfirm.com Cc: Tonya.M.Gilley@nccourts.org Subject: Wedgefield Motion for February 1. 2010 in New Hanover County Importance: High Gentlemen: Please allow this to confirm the phone calls made to each of you this morning. I have agreed to continue this motion to the March Docket in order to allow Wedgefield and Crosswinds the opportunity to see if a resolution can be reached without the Court's intervention. I have spoken with the TCA for New Hanover County, Tonya Gilley, and have confirmed that I am requesting that this matter be continued to the March term. No formal pleading is required and I will renotice the hearing for the March term if that becomes necessary. As a result, there will be no need for any parties or counsel to be in New Hanover County on Monday, February 1, 2010. As I have also advised Charles and Don, I am scheduled for Jury Duty on Monday and have another matter on the Calendar, so I will make sure that the continuance is confirmed with the Court on Monday. Thank you and please feel free to contact me should you have any questions or concerns or should you need anything more formal from me to clear this matter from your calendars for next week. Thanks, @ a 'q Brian A. Geschickter, Attorney -at -Law 700 Military Cutoff Road, Suite 227 Wilmington, North Carolina 28405 910-332-5945 Facsimile: 910-332-5946 brianObaelaw.com 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. Lewis,L[nda From: Laton, Don [dlaton@ncdoj.gov] Sent: Wednesday, January 27, 2010 6:16 PM To: Shiver, Rick; Lewis,Linda Cc: Cooper, Kathy Subject: FW: Crosswinds Attachments: Crosswinds Wedgefield Drainage.pdf Please review the message from Mr. Meier. I don't necessarily agree or disagree with it because I have read it very hurriedly at the end of a long day. Please consider it and plan to discuss it. I need to talk to you about our position in this regard. We will find the time somehow. Thanks, Don From: Charles Meier [mailto:cdm@mwglaw.com] Sent: Wednesday, January 27, 2010 5:59 PM To: Laton, Don Subject: RE: Crosswinds Don, I've been out of town but have returned and called you today. The case is on for Monday but neither Brian nor myself can hear it that day. We are looking at Wednesday or Thursday. You don't need to appear for the calendar call. I meet last Thursday with James P lannucci and Jerry May with the New Hanover County Engineering Dept. This area has a long history of drainage and flooding problems. We discussed the county's efforts to improve the drainage in this area, which is complicated by the fact that the drainage problems encompass many neighborhoods and also involves the DOT. It sounds like they are working diligently on the problem. I was provided a letter from the County Atty Kemp Burpeau to Andy McVey, then atty for Wedegfield, dated January 29, 2007 citing Wedgefield for problems with their drainage easements. (attached) The 2004 lawsuit dealt solely with water quality problems. Last time I checked DENR has no drainage jurisdiction. Drainage is a county function. Accordingly, there is no basis for this motion as it deals with a water quality suit and DENR has not cited us for any violations. The one line in the Consent Order that says Crosswinds will "maintain" the ditch only applies to water quality issues. As a matter of common law, those that benefit from an easement must contribute pro- rata for its maintenance and Wedgefield benefits from this ditch as much as Crosswinds does. This is a pissing match btw Wedgefield and Crosswinds. Wedgefield has a out of control board member that is determined to prove that Crosswinds is the cause of all the drainage problems in the neighborhood, which is ridiculous. I respectfully submit this is a fight the State should stay out of. The County will solve this problem or litigation btw Crosswinds and Wedgefield over drainage will solve the problem. If you were to simply inform the court that DENR has no jurisdiction over drainage and that the Consent Order dealt with water quality, not drainagethis matter will be over fast. Otherwise, the State will be in this case forever. Please advise ASAP. Charles D. Meier MARSHALL, WILLIAMS & GORHAM, L.L.P. 14 S. Fifth Street Wilmington, NC 28401 Phone: (910) 763-9891 Fax: (910) 343-8604 CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a lawyer. It may contain information that is confidential, privileged, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney -client privilege that may attach to this communication. Thank you for your cooperation. TAX ADVICE NOTICE: New Treasury Regulations require us to inform you that neither you nor any other recipient may use any tax advice in this communication to avoid any penalty that may be imposed under federal law. To obtain penalty protection, the new Regulations require attorneys, accountants and other tax advisors to perform increased due diligence to verify all relevant facts and to format the written tax advice in a lengthy number of separately enumerated sections with numerous disclosures. If you would like us to prepare written tax advice designed to provide penalty protection, please contact us and we will be pleased to discuss the matter with you in more detail. From: Laton, Don [mailto:dlaton@ncdoj.gov] Sent: Tuesday, January 26, 2010 10:26 AM To: Charles Meier Subject: Crosswinds Charles, I'd like to speak with you by telephone today if you have time to give me a call. The afternoon would be best - - 3 pm or later. Please reply and let me know if you can call. Thanks, Don Lewis,Linda From: Lewis,Linda Sent: Tuesday, January 26, 2010 5:25 PM To: 'Laton, Don' Subiect_ RE: Wedgefield It was my understanding from Al Barone that Crosswinds was ready to sign the transfer documents. Don't know if Wedgefield was ready or not. Here's what I think we need: Crosswinds: 1) B&D Developers needs to sign 2 separate name/ownership transfer documents and send one to Crosswinds and one to Wedgefield. The HOA's need to sign their respective transfer papers and an operation and maintenance plan. If they use the newest version of the N/O change document, acceptance of the O&M requirements will automatically be included. 2) A written narrative as to what Wedgefield did to "evaluate" the ditch and a marked up plan showing the locations and details of what construction actions they took to ensure their runoff drains to their pond. 3) Talk with the lawyers for both and try to schedule a time when I can meet them at the site to inspect whatever it was Wedgefield did in the ditch to make sure it will satisfy the consent agreement. Linda Please note my new email address is Linda.Lewis@ncdenr.gov 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 [mailto:dlaton@ncdoj.gov] Sent: Tuesday, January 26, 2010 2:47 PM To: Lewis,Linda Subject: RE: Wedgefleld We need to get to work on making the transfers happen. Let's figure out which part, I need to do. And, which part the region needs to do. Seems like B & D would be willing to transfer and each HOA take its "permit" since the dispute is between the HOAs. From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Tuesday, January 26, 2010 12:08 PM To: Laton, Don Subject: Wedgefield Don: The Wedgefield stormwater permit SW8 921115, has not been transferred to the Wedgefield HOA. This is due in part to the same issues as Crosswinds — no signed transfer documents, no signed O&M, and no indication from Wedgefield as to what the "fix" for the ditch was. Linda Please note my new email address is Linda.Lewis@ncdenr.gov 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: Monday, January 25, 2010 1:05 PM To: Shiver, Rick; Laton, Don Subject: Xwinds / Rainfall data I checked NOAA archived weather data for North Carolina. On December 3, 2009, the Wilmington area received anywhere from 3"-4" of rain. Significant rainfalls of 1.5"-2.5" occurred on December 19 and on December 26. There were trace amounts of rainfall in between these dates, with the largest being December 5 at 0.5"-0.75" of rain. The complaint only referred to rainfall on Christmas Day, but NOAA's archives show no rain fell on December 25, but that 1.5-2.5 inches fell on December 26. If flooding didn't occur with the Dec. 3 four inch rain event, or the Dec. 19 2.5 inch event, I don't know why it would have occurred with the Dec. 26 2.5 inch event. I wonder if the Dec. 3 or Dec. 19 events caused some issues with the ditch that caused the flooding on Dec. 26? It's also possible that the Dec. 3 four inch event and the Dec. 19 2.5 inch event occurred over a longer period of time vs. the Dec. 26 event, which may have fallen pretty quickly. The longer the time frame, the more time the system has to dispose of the runoff and make room for more. I'll see if I can find another website with the hour -to -hour totals. Linda Please note my new email address is Linda.Lewis@ncdenr.gov 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: Friday, January 22, 2010 5:35 PM To: Shiver, Rick; Laton, Don Subject: Crosswinds Rick: I know 1 told you yesterday that I thought the permit for Crosswinds had been transferred. I have a draft permit from March 2008 on the S: drive, but no final permit. I've got an email from Al Barone dated January 9, 2008 talking about signing the transfer of ownership forms. They were ready to sign, but nothing was ever received — not sure if that was necessary or not. I also remember that we were waiting for some type of notification of how the ditch situation between Wedgefield and Crosswinds was going to be resolved. We never were told what they decided to do. I also wasn't sure if we needed a PE certification after the Rear pond area was increased, or if the HOA's word (Al Barone) on it was enough. I tried to inspect the Crosswinds ditch. Access is extremely limited due to the number of people who have erected fences along the ditch line. I managed to find one lot that didn't have a fence and I got back to the ditch, but got stopped about 2/3 of the way down the ditch. The ditch didn't look any different than when we were there previously, except it had water in it this time. Not a lot, maybe a foot or so. I can't say it's not being "maintained" because I can't tell. I don't think flooding is an indicator of a lack of "maintenance". There's no way to know what the conditions of the drainage ditch were prior to that rainfall or at the time the road flooding allegedly occurred. I'm curious about this particular rainfall event because we'd certainly had a lot of rain before that with no complaints of flooding in Crosswinds. I wonder if the 1.8" on Christmas just overwhelmed an already taxed drainage system and it flooded. I'll see if I can track down the historical rain data on Monday. I wasn't able to access that area of the ditch crossing under Windjammer Court that contained the manhole and small pipe that we saw the last time, again due to fencing. This is the pipe that we suggested should be capped to force the runoff that was supposed to go into the Wedgefield (i.e., the Front) pond, to go that route instead of going to the Rear pond. I drove on down to the Rear pond and saw where the extra area had been added and saw the new connector pipes under the road. I think this piece of the consent order has been satisfied. 1 also looked at the Wedgefield pond (the Front pond). It looks better than it did before the court case, but not the best, either. The side slopes have been re -graded, but are still not well -vegetated. The pond appears to be deeper than before — I could not see the bottom as I could before. That's all. Linda Please note my new email address is Linda.Lewis@ncdenr.gov 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. Crosswinds Pond r. `Subject: Crosswinds Pond From: "Phil Triece" <histriece@msn.com> GeV Date: Tue, 12 May 2009 11:29:47 -0400 To: <linda.lewis@ncmail.net> CC: "WadeHarris" <wharris2@ec.rr.com> Linda, I left a phone message for you yesterday and wanted to follow up with an e-mail. The reason for my call is that Crosswinds HOA is concerned that the plat (attached) recorded in Map Book 52, page 202, by Trask showing the enlargement of the pond in compliance with the consent agreement did not include the notation "THE REAR 20-50 FEET OF LOTS 301-305 SHALL REMAIN IN A NATURAL STATE" as shown on the previous plat (attached) recorded in Map Book 35, page 316. The notation was also not shown on a subsequent plat recorded in Map Book 53, page 320, upon which the buyer of Lot 304 (5804 Neelys Ct), David J. Powell, bought the house and lot on December 5, 2008. That plat (attached) was recorded as an easement relocation survey, relocating the drainage easement without the permission of Crosswinds HOA. The new owner of Lot 304 has since erected fencing in the drainage easement and along the pond line (his rear property line) after receiving approval from the head of HOA Architectural approvals to do so, before it was brought to the HOA Board, which realized that the application for approval had fraudulently not shown the drainage easement. Legal counsel has advised that the fencing in the drainage easement will have to be removed due to the fraudulent submittal. We need to know if DENR can enforce the minimum 20' buffer around our ponds, which the HOA Board feels is necessary to protect our ponds from runoff, which was likely the original intent as part of the original storm water permit for the pond. The only other fencing along the pond line is south of and adjacent to lot 304, on Lot 303 at 5109 Mako owned by Melanie Tetzke et al. This owner has been contacted by the HOA concerning removal of the fencing within 20' of the pond, but was disappointed to hear that the fencing within 20' of the pond needed to be removed and the natural state reestablished (the fence was erected by a previous owner). To add urgency to the matter, Trask has Lot 305 for sale, and if no public recorded notice is in place, the buyer of the currently vacant lot will likely develop the lot without any knowledge or obligation to honor the 20'-50' natural state setback from the pond line as noted on the original plat. We would hope that DENR would agree that the intent of enlargement of the pond by Trask was not intendod to eliminate the 20' to 50' natural state adjacent to our pond. Can and will DENR enforce the 20'-50' natural state adjacent to our ponds? Will DENR record, or get Trask to record, notice of the natural state to put a future owner of Lot 304 on notice? Can DENR enforce the minimum 20' natural state on Lots 303 and 304 that would involve removal of the existing fencing? Your assistance and response to this matter would be greatly appreciated. Phil Triece Crosswinds HOA Board Member Business Phone: 452-2004 Copy to HOA President, Wade Harris Crswds58041Yee1ysp1atA.pd€ Content -Type: application/pdf Content -Encoding: base64 df CrsswndsPondExpMB52p202.pdf Content -Type: application/p Content-Encoding: base64 1 of 2 5/13/2009 8:50 AM Crosswinds Pond CrsswndsPondMB35p316.pdf Content -Type: application/pdf Content -Encoding: base64 2 of 2 5/13/2009 8:50 AM FW: Mediation - WPE Holdings v DENR, DWQ - 08 EHR 2997 Subject: FW: Mediation - WPE Holdings v DENR, DWQ - 08 EHR 2997 From: "Laton, Don" <dlaton@ncdoj.gov> Date: Tue, 17 Feb 2009 16:33:19 -0500 To: "Linda Lewis" <linda.lewis@ncmail.net> Here is the mediator information. Donald W. Laton Assistant Attorney General Water & Land Section Environmental Division Office No. 323A North Carolina Department of Justice P.O. Box 629 Raleigh, North Carolina 27602-0629 919-716-6963 (Direct) 919-716-6766 (Fax) 919-716-6600 (Environmental Division) dlatonAncdoi.gov From: Bill Raney, Jr. [mailtomaraneAftellsouth.netl Sent: Monday, February 16, 2009 3:56 PM To: Laton, Don; Bromby, Craig Cc: Raney, William Subject: Mediation - WPE Holdings v DENR, DWQ - 08 EHR 2997 Gentlemen, My apologies for not getting you a formal notice by mail of our previously discussed scheduling of the mediation. This will confirm that the mediation of the above captioned matter will be as follows: Date: 2-19-2009 Time: 10:00 a.m. Location: Offices of Wessell and Raney 107-B North 2nd Street Wilmington, N.C. Bill Raney, Mediator William A. Raney, Jr. Wessell & Raney, L.L.P. PO Box 1049 Wilmington, NC 28402-1049 (910) 762-7475 (910) 762-7557 FAX waranevO-bellsouth. net 1 of 1 2/17/2009 4:36 PM PUT Reply: Crosswinds Permit & Piping Plan Approval Subject: PhilT Reply: Crosswinds Permit & Piping Plan Approval From: "Phil Triece" <histriece@msn.com> Date: Thu, 13 Mar 2008 13:04:17 -0400 To: "Linda Lewis" <linda.lewis@ncmail.net> Thank you, Phil Triece ----- Original Message ----- From: Linda Lewis To: Phil Triece Sent: Thursday, March 13, 2008 11:17 AM Subject: Re: Crosswinds Permit & Piping Plan Approval Mr. Triece: You're being very optimistic about rain- I hope we get a lot over the next few months. I have set tomorrow aside to work exclusively on Crosswinds, so I hope to have something back to you by Monday or Tuesday, depending on Don's availability to review the proposed permit. In the meantime, it won't give me any heartburn to have you go ahead and start on your pipe replacement project. The plans are in house and I've seen them, and I have no concerns about the project. You may consider this email as approval to proceed with that project. Linda Phil Triece wrote: > Linda, > I wanted to touch base with you about Crosswinds' permit and approved > plan for our piping project. We have a contractor in place to begin > work on the piping project in hopes that it can be completed before > spring rains come. Could we get a sign -off on the piping plans so we > can proceed even if you have not completed the permit? While Al is > out of town, I'll be handling this. > I would be glad to pick it up. > Thanks, > Phil Triece > 452-2004 > histriece@msn.com <mailto:histriece@msn.com> 1 of 1 3/14/2008 8:33 AM Fjja-,-c 2- A4� -tb cj k 4 Crosswind's Consent Order Subject: Crosswind's Consent Order From: shiveradro@bellsouth.net Date: Mon, 25 Feb 2008 18:17:57 +0000 To: ed.beck@ncmail.net Ed, We're all obligated to comply with the Consent Order associated with the Crosswind's case, which has been more of a saga than a case. The good news is that the Wedgefield HOA is now willing to do more to comply with the order than is required, which is outstanding. However, Vince Calcagno, who is the president of the HOA needs answers to questions that only Linda Lewis can answer. I answered those that I could but some were too convoluted for me. I would ask you to have a word with Linda and ask her to call Vince at 262.8121 as soon as possible. Many thanks, Rick P.S. Want to meet this Friday afternoon at 1330 to continue with our weekly meetings? 1 of 1 2/25/2008 5:41 PM Crosswinds Subject: Crosswinds From: Linda Lewis <1inda.1ewis@ncmai1.net> Date: Wed, 20 Feb 2008 11:40:16 -0500 To: Don Laton <dlaton@ncdoj.gov> Don: I'm trying to edit our standard Operation & Maintenance plans to meet the consent judgment stipulations for Crosswinds and Wedgefield. I've got it done for Crosswinds- I simply crossed out what didn't apply and noted that it was per the consent judgment. But the Wedgefield pond is different. No work has been done to it yet that I know of because DOT isn't cooperating. DOT is asking Wedgefield to put in a 48" pipe while downstream are only 18" pipes. The permit has to list the specific design criteria for the pond. For Wedgefield, they don't know what they'll end up with, so I'm unsure what to put down in the O&M as the design criteria. Wedgefield is the Front Pond that doesn't have enough surface area. I don't think the HOA has done any work to it. I need to put down the surface area provided and the volume provided, among other things, but am not able to do so. I'm not sure how to proceed. Can we issue a permit to Wedgefield without pond design criteria and add in the criteria later once the work is done? By paying the HOA $6500, B&D has complied with their part of the consent judgment and I really would like to go ahead and transfer the permit. Linda 1 of 1 2/20/2008 11:40 A-M Re: Crosswinds Subject: Re: Crosswinds From: Al Barone <a1bar1@yahoo.com> Date: Mon, 18 Feb 2008 19:00:02 -0800 (PST) To: Linda Lewis <linda.lewis@ncmail.net> I will be the contact person: My mailing address and phone number are: Al Barone 5908 Downrigger Drive Wilmington, NC 28409 910-452-7728 --- Linda Lewis <linda.lewis@ncmail.net> wrote: Al. Will you be the contact person to list on the form? If so, please give me your mailing address and phone number. If someone else will be the contact person, please give me their name, mailing address and phone number. Thanks, Linda Never miss a thing. Make Yahoo your home page. http://www.yahoo.com/r/hs 1 of 1 2/19/2008 9:31 AM Crosswinds Pond Subject: Crosswinds Pond From: Linda Lewis <linda.lewis@ncmail.net> Date: Mon, 18 Feb 2008 18:03:10 -0500 To: Al Barone <albarl @yahoo.com> Al. I've attached a 2 page document in PDF format. The first page is a drawing of the expanded pond contours from the consent order. I've blew it up 4% to get to the 1"=60, scale. The area in yellow is the estimated additional surface of 5600 sq. ft. give or take. I estimated the new pond surface area provided at elevation 15.2 fmsl to be about 65,710 sq. ft. I also estimate the surface area at the temporary pool elevation of 17.5 fmsl to be about 100,821sq. ft. I simply added the additional new surface area at 17.5 (3,900 sq. ft.) to the previously calculated 96,921 sq. ft..at this elevation. The attached document incorrectly shows this as 98,681 sq. ft. I didn't realize my error until after the document was scanned. I'll correct it and rescan it tomorrow and send you a correct copy. The second page is the Division's spreadsheet information for the new expanded pond. As you can see, applying the 1995 design criteria with a design depth of 4.5 feet, the minimum surface area is 122,238 square feet. Per the consent judgment, the surface area is accepted as 65,719 sq. ft. The temporary pool volume exceeds the minimum requirements, including the offsite drainage at 30% built -out, which is reasonable, considering that it is an older existing residential area. I will make one recommendation to further improve the performance of your pond. Change out the 4 inch orifice for a 6" orifice. As currently constructed, the 4" takes more than 5 days to drain the pond. Linda Content -Type: application/pdf 930710 post consent pond.feb08.pd Content -Encoding: base64 1 of 1 2/18/2008 6:03 PM Re: Crosswinds Subject: Re: Crosswinds From: Al Barone <a1bar1 @yahoo.com> Date: Wed, 9 Jan 2008 07:00:51 -0800 (PST) To: Linda Lewis <linda.lewis@ncmail.net> CC: Rick Shiver <Rick.Shiver@ncmail.net> Yes Linda, B&D did what was required of them. I signed their drawings at our lawyers office indicating such. I think Rick may know something about the transfer forms based on a conversation I had with Rick when we met at Barnes and Noble. In any case, we are ready to sign them ay any time. Al --- Linda Lewis <linda. lewis@ncmail. net> wrote: Al: Do you know if B&D has fulfilled their part of the settlement to the satisfaction of the HOA? In order to issue a plan revision to the HOA for the proposed work, the HOA will need to be the permittee of record. Do you know if B&D submitted the transfer of ownership forms to the HOA for signature yet? Linda Looking for last minute shopping deals? Find them fast with Yahoo! Search. http://tools.search.yahoo.com/newsearch/cate ory hp?cate ory=sho in 1 of 1 1/9/2008 10:57 AD, STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER` STATE OF NORTH CAROLINA, 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 GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 04-CVS-2896 A TRUE Copy CLERK OF SUPERIOR COURT NEW HANOVER COUNTY BY: Katherine Df6aln-q0 - ht Deputy Clerk of Superior Court NSENT 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 Stcrmwater 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. STIPULATIONS OFF FACT 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, At s cam., 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 I 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. 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 .1k 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. ORDE 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 rd 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 0 Judgment to remove any such hydraulic barriers downstream of the subdivisions. Crosswinds shall be required to maintain the above -described ditch, piping and other apptu to-wmces 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. rZ 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&I) and/or Wedgefield, and for 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, 7 a 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 day of 8 M WE CONSENT: B&D DEVEL MENT, INC. By: Die J. Thompson Treasurer By: WLJ� Clay A. Collier Attorney at Law 2451 S. College Road Wilmington, NC 28412 WILLIAM K. TRASK WEDGEFIELD AT CROSSWINDS SOUTH HOA, INC. By: William C. Wright Shipman & Wright, LLP 11 S Fifth Avenue 4ent' 1 B sic ` 10 FA CROSSWOM 7 A, INC. .By: Charles D. Meier Marshall, Williams & Gorham, L.L.P. P. O. Drawer 2088 Wilmington, NC 28402-2088 By: a � _ Al Barone, Vice President 11 �v NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY By: . V A 1, 4 ") Alan Klimek, P.E. Director of the Division of Water Quality ROY COOPER Attorney General By: Donal . Laton Assistant Attorney General N.C. Department of Justice Environmental Division 9001 Mail Service Center Raleigh, NC 27699-9001 Telephone: (919) 716-6600 Attorney for Plaintiff 12 DI TCH la tXhiBIT A TO CONSENT JUDGMENT 04 CVS 2896 volo 20.3' Z.2 AV cr Q?4 sit m 4, VP 16 Qe 21.7' 18.4' 15.3'y 0 f4.7' a lZal 60, 224 t\L DITCH 14.8 IN V. 1.122 QUXET S77?UCWRE TOP lzs 223 INV 1.152 306 3015 304 NEW HANOVER COUNTY Engineering Department/Water and Sewer District 230 Government Center Drive • Suite 160 Beth E. Wetherill, C.P.E.S.C. Wilmington, North Carolina 28403 Soil Erosion Specialist TELEPHONE (910)-798-7139 Fax (910) 798-7051 h May 30, 2007 William Trask 2725 Old Wrightsboro Road, Building 6, Unit A Wilmington, North Carolina 28405 RE: Grading Permit #35-93, Revision for Crosswinds Pond Expansion Dear Mr. Trask: This office has reviewed the subject sedimentation and erosion control plan. We find the plan to be acceptable. Please read the Hermit conditions carefully and return the signed original to our office and keen the cony for your records. Please be advised that a copy of the approved soil erosion plan and a copy of the issued grading permit must be available at all times at the site. New Hanover County's Soil Erosion and Sedimentation control program is performance oriented requiring protection of the natural resources and adjoining properties. If following the commencement of the project, it is determined that the plan is inadequate to meet the requirements of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, this office may require revisions in the plan and its implementation to insure compliance with the ordinance. Recognizing the desirability of early coordination of sedimentation and erosion control measures, preconstruction meetines are now required. These meetings should be held prior to any land disturbing activity on site and should be attended by the grading contractor and job superintendent. Please contact this office to set the date of the pre -construction conference at (910) 798-7139. This permit will not preclude any other permits or approvals necessary for beginning or completing this development. It is the owners responsibility to have all the approvals or permits that are required prior to beginning construction. Approval of an erosion control plan is conditioned on the applicants compliance with Federal and State Water Quality laws, regulations and rules. Respectfully yours, Beth Easley Wetherill NHC Soil Erosion Specialist cc: Linda Lewis, NCDENR Water Quality Ed Beck, NCDENR Water Quality Ryan David, PE, Urban, Ltd. BEW/aj Permit# GP 35-93 Revision Permit for a Land Disturbing Activity New Hanover County Department of Engineering 230 Government Center Drive - Suite 160 Wilmington, North Carolina 28403 (910) 798-7139 As authorized by the New Hanover County Erosion and Sedimentation Control Ordinance This permit issued to William Trask authorizes the development of 0.56 acres of land.on lots 304, 305 Crosswinds, Section 5 and in the stormwater pond for vond expansion in New Hanover County. This permit issued on May 30, 2007 is subject to compliance with the application and site drawings, all applicable regulations and special conditions and notes set forth below. Any elan modifications must be approved by this office prior to field changes. It is understood by the applicant that a representative of New Hanover County's Engineering Department may inspect the site at any time following the issuance of this Permit. A copy of the approved Soil Erosion Plan and this permit must be available at all times at the site. Failure to execute the provisions of this permit and the approved Soil Erosion Plan, or any other provisions of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, shall result in immediate legal action by the County to the limits prescribed by the Ordinance. If the measures outlined on the approved Soil Erosion Plan and this Permit prove insufficient, additional Erosion Control measures can and will be required which in turn will be considered provisions of this Permit. This Permit does not preclude any other permits or approvals necessary for beginning or completing this development. Approval of an erosion control plan is conditioned on the applicant's compliance with Federal and State laws, regulations and rules. It is the Permittee's responsibility to obtain all necessary permits and approvals. SPECIAL CONDITIONS (THESE CONDITIONS MUST BE FOLLOWED IN ADDITION TO THE PLANS AND SPECIFICATIONS) *All the soil erosion control measures will be installed as the site is cleared and maintained throughout construction. These include a construction entrance, silt fence a temporary filter over the pond outlet orifice and the use of flocculants in the event of turbidity problems. The silt fences will be connected prior to any rain event and all attempts will be made not to work in water as long as possible. A curtain may be used to contain turbidity with a flocculant to dewater the work area. *Silt fence stakes must be metal and will be placed six feet apart without wire reinforcement or eight feet apart with wire reinforcement. Silt fence is not allowed as inlet protection. *This permit does not preclude any permits or approvals which may be necessary such as DEM Water Quality, C.A.M.A., the Corps of Engineers, DEM Solid Waste or any other agencies. *No sediment shall leave the site. *If plan revisions are necessary you must submit a copy to this office for approval R1ior to any field changes. *If soil is removed from the site, it must be taken to anapproved or permitted site to be identified to this office 'or to removal from the site. Page Two Permit# GP 35-93 Revision *All City and/or County and State drainage and stormwater requirements will be adhered to. *If these measures fail to adequately control erosion, more restrictive measures will be required. *If any phase of grading ceases for more than 21 calendar days (all areas, including slopes), the site will be temporarily stabilized. *The approval of an erosion control plan is conditioned on the applicant's compliance with Federal and State Water Quality laws, regulations and rules. *Note the enclosed NPDES information from the State for sites disturbing 1 acre or more and the required rates for seed, lime, fertilizer and mulch in your seeding specifications. *A pre -construction meeting is required prior.to any activity on site. Please contact Beth E. Wetherill at (910) 798-7139 to set up this meeting. This Permit will expire one year from date of issue if no construction activity begin on site. This permit may not be amended or transferred to another party without approval of this office. `_ GIJ` �. Beth E. Wetherill, C.P.E.S.C.. Soil Erosion Specialist/New Hanover County Acknowledgment of receipt of Permit Owner By (please print) Signature New Hanover County NORTHOCAROLINA WANDA M. COPLEY County Attorney KEMP P. BURPEAU Deputy County Attorney E. HOLT MOORE III Assistant County Attorney January 29, 2007 NEW HANOVER COUNTY OFFICE OF THE COUNTY ATTORNEY 230 GOVERNMENT CENTER DRIVE — SUITE # 125 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7153 FAX (910) 798-7157 Murchison, Taylor & Gibson, PLLC Attn: Andrew K. McVey 16 North Fifth Avenue Wilmington, NC 28401 Re: Wedgefield Subdivision Dear Andy, " u3 0 2007 Thank you for your letter of January 21, 2007. We had deferred releasing the opinion memorializing our understandings while the neighboring subdivisions explored an overall drainage arrangement. I understand we can now proceed with the letter ruling by the Assistant County Manager. As to your public information request, we last met at County Engineering to facilitate document examination and questioning of our staff engineers. Should you desire any further discussion or documents, we will be glad to schedule a follow-up meeting. Again, your ongoing assistance is greatly appreciated. Fmp cerely, P. Burpeau, Deputy County Attorney cc: Dave Weaver Dave Hollis �.Ao I I eull -? 1 & —17 mow 4- A 7 P2 I eull -? 1 & —17 mow 4- A 7 P2 .�f -tip c : r7r. ' i�i'R •: �!� WIN �rA �• f- R � ��,e 7* rE r t - r t T �` fir`• s d - 5: I +• jJ ,'mot; ��$` c `� '��:�i'`41��• Y .. November 30, 2006 Andrew K. McVey Murchison, Taylor, & Gibson 16-N Fifth Avenue Wilmington, NC 28401 Re: Wedgefield Subdivision drainage easements Dear Mr. McVey, Consistent with our discussion of November 29, 2006, the County will not presently order removal of the existing fencing and landscaping in Wedgefield drainage easements, provided: 1. The Wedgefield Homeowners Association creates a legal obligation to maintain subdivision drainage ways; 2. Encroachments shall not presently impede position flow over drainage; 3. Any encroachments over piped drainage will not presently be ordered removed by the County; 4. The HOA shall provide the County Engineer an annual certification by a professional engineer stating that the piped drainage is in good, functional order without any impediments; S. Upon request, the HOA shall provide the County Engineer with camera video or other sufficient evidence demonstrating the piped drainage is in good, functional order without any impediments; and 6. By not presently requiring removal, the County, the New Hanover County Water District, and their successors and assigns, create no ongoing entitlement for encroachments to remain indefinitely and waive no rights to order removal in the future. We appreciate the representations made by the Wedgewood HOA to affirmatively and aggressively address drainage concerns. Should you have any questions, please contact me. Sincerely, Dave Weaver * * * COMMUNICATION RESULT REPORT ( JUL.19.2006 2:04Fr. FILE MODE OPTION --------------------------- 952 MEMORY TX% REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER TTI .- ADDRESS (GROUP) RESULT ----------------------------------------- 919197912011 OK OK E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Depwtment of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr,, Secretary FAX OVER SHEET Date: 01 / 0e. No. Of FagCS: (mluaing cover) /( To: —fir- �.�, — From: � .. �,•; CO: CO: NC DENR FAX . ,7fi - 2-o FAX#: 910-150-2004 REMARKS: IL 127 Cardinal Drive Extension, WIImingwn, N,C. 20405-3445 Telephone (910) 796.1215 6'aa (910) 350-1-004 An E4ual Opportunity A171rmutive Action Employer r. P. 17/1� ROY COOPER ATTORNEY GENERAL State of North Carolina Department of Justice 900 i Mail Service Center RALEIGH, NORTH CAROLINA 27699-9001 August 18, 2005 Via Facsimile and U.S. Postal Service Delivery Clay A. Collier, Esq. Crossley McIntosh Prior & Collier 2451 South College Road Wilmington, North Carolina 28412 Via Facsimile and U.S. Postal Service Delivery George L. Collins, Esq. Collins & Moore 634 Court Street Jacksonville, North Carolina 28540 Re: NC DENR v. B & D Development Corporation Civil Action No. 04 CVS 2896 Mediation Gentlemen: Reply to: Donald W. Laton Environmental Division Tel:(919)716-6600 Fax:(919)716-6766 dlaton@ncdoj.com This letter is to acknowledge Mr. Laton's receipt of your telephone message of 11:30 a.m. on today, August 18, 2005. Mr. Laton is in agreement with the mediation being held on August 26, 2005 at 9:30 a.m. in Jacksonville, NC. If for any reason it is necessary to change the date, time or location, please inform this office of same. Thank you for your time and courtesy in this regard. Cerely, ach, Paralegal for Donald W. Laton Assistant Attorney General cc: WIRO DWQ Staff v+ STATE y A'0 s ^roa,,,,misa• State of North Carolina ROY COOPER Department of Justice Reply to: Donald W. baton ATTORNEY GENERAL 9001 Mail Service Center Environmental Division RALEIGH, NORTH CAROLINA Tel: (919)716-6600 276994" 1 Fax: (919)716-6766 dlaton@ncdoj.com August 17, 2005 Via Facsinile and U.S. Postal Service Delivery Clay A. Collier, Esq. Crossley McIntosh Prior & Collier 2451 South College Road Wilmington, North Carolina 28412 Via Facsimile and U.S. Postal Service Delivery George L. Collins, Esq. Collins & Moore 634 Court Street Jacksonville, North Carolina 28540 Re: NC DENR v. B & D Development Corporation Civil Action No. 04 CVS 2896 Mediation Gentlemen: The Department of Environment and Natural Resources staff and I are available for mediation in the above -referenced on Friday, August 26, 2005. Please advise whether this date is acceptable to you. If you can not be available on Friday, 26, 2005, we request that you propose dates in September of this year for our consideration. Thank you for your time and courtesy in this regard. Sincerely, WDonalLaton Assistant Attorney General cc: WIRO DWQ Staff C O V E R S HE .E T To: Linda Lewis 910-350-2004 From: Don Laton Assistant Attorney General Subject: NC DENR v. B&D Development Corp., 04 CVS 2896 Date: August 17, 2005 Pages: 3, including this cover sheets. CON dEENTS: Please see attached letters of the same date. FAX From the Desk of: C. Hope Young, I.Agal Assistant North Carolina Dgwtment of Justice Envirvnrnental Deparemrnt 9001 Mail Service Center Raleigh, NC 27699-9001 (919)716-6974 (919) 716-6766/Fax hvoun-m0ncdoLcom l0'd 96:9l 900Z LL my 6£69-91L-616:xe3 81AN3 N39 A3N8011tl ON ROB' ^_OOPER ATTORNEY GENERAL State of North Carolina Department of Justice 9W I Mail Service Center RALEIGH, NORTH CAROLINA 27699 l August 17, 2005 Via Facsimile and U.S. Postal Serv_ise Del' Clay A. Collier, Esq. Crossley McIntosh Prior & Collier 2451 South College Road Wilmington, North Carolina 28412 Via Facsimile and UA Postal Service Delivery George L. Collins, Esq. Collins & Moore 634 Court Street Jacksonville, North Carolina 28540 Re: NC DENR v. B & D Development Corporation Civil Action No. 04 CVS 2896 Mediation Gentlemen: Reply to: Donald W. Uton Environmental Division Tel: (919r116-66W Fax: (919)71"766 dlaton®ncdoj.com The Department of Environment and Natural Resources staff and I are available for mediation in the above -referenced on Friday, August 26, 2005. Please advise whether this date is acceptable to you. If you can not be available on Friday, 26, 2005, we request that you propose dates in September of this year for our consideration. Thank you for your time and courtesy in this regard, Sincerely, W�I. DonalLaton Assistant Attorney General cc: W1RG DWCl Staff ZO'd 96:9L 500Z tL Inv 6C69-91t-616:xeA 81AN3 N30 A3N8011v ON ROY COOPER ATTORNEY GENERAL State of North Carolina Department of .Mice 9001 Mail Service Center RALEIGH, NORTH CAROUNA '276994=1 August 17, 2005 Via Facsimile and US. Posral Service Delivery Clay A. Collier, Esq. Crossley McIntosh Prior & Collier 2451 South College Road Wilmington, North Carolina 28412 Via Facsimile and U.S. Postal Service Dalivsry George L. Collins, Esq. Collins & Moore 634 Court Street Jacksonville, North Carolina 28540 Re: NC DENR v. B & D Development Corporation Civil Action No. 04 CVS 2896 Mediation Gentlemen: leplym: Donald W, Won Environmen[al Division Tel! (919)716-6600 Fax: (919)716-6766 dlaton®ncdoj.com The Department of Environment and Natural Resources staff and I are available for mediation in the above -referenced on Friday, August 26, 2005. Please advise whether this date is acceptable to you. If you cannot be available on Friday,-26, 2005, we request that you propose dates in September of this year for our consideration, Thank you for your time and courtesy in this regard. Sincerely, Donald W. Laton Assistant.Attorney General cc: WIRO DWQ Staff Wd 9E:91 50UZ Ll �nV 6669-91L-61Fx83 81AN3 N39 A3N8011V 3N WATER & LAND SECTION Fax:919-716-6766 Jul 12 '05 12:24 P.01 C O V E R S H E E T From the dcsk of Beverly Coats Progiin Assistant 1)apartment of Justice P. O, Box 629 Raleigh NC 27602 j Tel; (919) 716-6966 Fax: (919) 71"766 bcoals@ncdoj.com I To: Clay Collier George Collins Fax#: 910/251-0446 91.0/455-1496 Date: July 12, 2005 Subject: Mediation dates Pages: 2(including cover sheet) Xi UT-IUV "AM Enclosure attached FAX Linda Lewis 910/250-2004 WATER & LAND SECTION Fax:919-716-6766 Jul 12 '05 12:24 P.02 ROY ('001'L"I Z A i'VORNRY GENERAL Clay Collier Attorney at Law er5 rf�. u 4m,.,ry State of North Corolina Department of Jt TICe 9oo 1 Mail Service enter RAI.F,IGH, NORTH OLINA 26999C)O1 i July 12, 20051 1 I 2451 South College Road Wilmington, North Carolina 28412 Fax#:910/251-0446 c�oFPO�r Reply Lu: 1)an Iaton Environmental Uivksion Tel: (919)71"(ioo Fax: (919) 716-07GG Dear Clay: i i "1'he dates available on DEMR's calendar and Mrs Collins' schedule are: July 20, 21, 25, 27, & 28, 2005. Please determine which date is feasiblel for you and send confirmation of your availability and willingness to mediate on the date you choose. Thank you for your time in this regard. Sincerely, 1 Donald W. ILaton Assistant Attorney General cc: George Collins DWL/bnc Lire Lew ROY COOPER ATTORNEY GENERAL State of North Carolina Department of Justice 9001 Mail Service Center RALEIGH, NORTH CAROLINA 27699-9001 July 12, 2005 Clay Collier Attorney at Law 2451 South College Road Wilmington, North Carolina 28412 Fax#:910/251-0446 Dear Clay: Reply to: Don Laton Environmental Division Tel: (919) 716-6600 Fax: (919) 716-6766 RECEIVED JUL 1 4 1005 BY: The dates available on DENR's calendar and Mr. Collins' schedule are: July 20, 21, 25, 27, & 28, 2005. Please determine which date is feasible for you and send confirmation of your availability and willingness to mediate on the date you choose. Thank you for your time in this regard. Sincerely, Donald W. Laton Assistant Attorney General cc: George Collins DWL/bnc FEB 1 5 2005 9 SECTION 3 - MOTION FOR COURT APPOINTMENT OF MEDIATOR The above named case was referred to a mediated settlement conference. BY: After a full and frank discussion, the parties have been unable to agree upon the selection of a mediator. Pursuant to Rule 2(c) of the Rules of Mediated Settlement Conferences, the parties move the Senior Resident Superior Court Judge to note the preferences of the parties set forth below and to appoint a certified mediator to conduct the mediated settlement conference: ® One or more parties prefer the appointment of a certified ajLQ_rn_eY mediator. ❑ All parties to the action prefer the appointment of a certified non -attorney mediator. ❑ The parties have no preference as to whether the certified mediator appointed is an attorney or a non -attorney. Name Of Plaintiffs Attorney (Or Pro Se Plaintiff) Si nature Of 02-02-2005 1 Donald W. Laton The nomination of the non -certified mediator named in Section 2 above is ❑ approved and the mediator is authorized to conduct the settlement. ❑ disapproved. (NOTE: Upon disapproval, the parties may select another mediator and report the selection to the Court within twenty-one (21) days of this Order.) XX 2. The parties having reported their failure to agree upon the selection of a mediator, or the parties having failed to notify the Court of their selection or nomination of a mediator within twenty-one (21) days after this case was ordered to mediation, the Court appoints the following certified mediator to conduct the mediated settlement conference. George L. Collins 634 Court Street i dackcnnvi 11 P, Nnrth ('arnl i n� �R51FQ 1010) 347-7100 NOTICE TO MEDIATOR: The mediator shall be responsible for reserving a place and making arrangements for the conference and giving timely notice to all attorneys and unrepresented parties of the time and location of the conference. The mediated settlement conference shall be completed by the completion deadline set forth above, and he mediator shall report the results of the conference to the Court within ten (10) days after the conference is completed. e Name Of Senior Resident Superior Court Judge (Type or print) 02/04/05 1 Ernest B. Fullwood (This section is optional, to be used at the discretion of the Senior Resident Superior Court Judge, however, mediated settlement shall not delay other proceedings, including trial (Rule 3E).) Parties are notified of the following tentative calendaring schedule adopted by the Court. Final calendar notices will be provided through a published calendar, should settlement not be reached. Date AOC-CV-812, Side Two, Rev. 10/04 102004 Administrative Office of the Courts e b STATE OF NORTH CAROLINA DEPAKmEN 1 Off' TF ANSPOR f ATION MICHAEL F. EASLEY LYNDo TIPPETT GOVERNOR SECRETARY November 1, 2004 COUNTY: New Hanover MEMORANDUM. TO: Mr. Anthony Law Maintenance Engineer FROM: Roger D'Jernes it-19- Regional Hydraulics Engineer SUBJECT- Drainage Investigation on SR- 1565, Mohican Trail Crosswinds Subdivision As you requested a review of the subject location has been conducted and the following comments are the result: On July 20, 2004, you and I visited the subject site. Upstream property owners within Crosswinds Subdivision had complained to you about flooding. While on site Mr. Al Barone, upstream property owner at 5908 Downrigger Drive, joined us. Mr. Barone reported that upstream stormwater detention ponds built during the development of Crosswinds Subdivision were not properly constructed. He stated that during severe storms, such as Hurricane Floyd, stormwater flooded several streets within Crosswinds. He also stated that stormwater entered the crawlspace of several houses in the subdivision during that storm. He believes that the existing 48" pipe beneath SR-1565 contributes to the flooding problem within Crosswinds. You requested a drainage investigation to determine the adequacy of the existing pipe. You also requested a pipe size . recommendation for existing pipe crossings beneath Hidden Valley Road (SR-1704) and Woods Edge Road (SR-2573), both at their intersections with South College Road (NC- 132). MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION HYDRAULICS UNIT 1590 1MAIL SERVICE CENTER RALEIGH NC 27699.1590 TELEPHONE: 919-250-4100 FAX: 919-250-4108 WEBSITE. WWW. DOH. DOT. STATE. NC. US LOCATION: CENTURY CENTER COMPLEX BUILDING B 1020 BIRCH RIDGE DRIVE RALEIGH NC Page 2 Crosswinds Subdivision During our on site review it was found that a 48" corrugated metal pipe provides conveyance beneath SR-1565. The pipe was found to be open and in good condition. The top of the pipe was slightly compressed downward to allow for installation with minimum cover. The pipe invert on the inlet end was buried 6" with 6" of visible flow. The outlet end was buried 3" with 3" of visible flow. Mr. Barone's property, the majority of Crosswinds Subdivision, and two adjacent subdivisions drain toward two detention ponds upstream of the single 48" pipe beneath SR-1565. The ponds are approximately 1.3 acres each and were constructed on each side of Crosswinds Drive (private road). The only visible connection between the ponds is a 15" pipe, which passes through catch basins on Crosswinds Drive. A concrete box overflow structure with a 15" pipe and a bypass ditch provide outlet for the pond, which direct stormwater toward SR-1565. Subdivision drainage is provided by catch basins in the curb and gutter piped to ditches behind residential lots. The pipes interconnect several ditches before draining to the pond. Review of New Hanover County topographic snaps, USGS topographic maps, and field reconnaissance indicate approximately 150 acres drain to the existing 48" pipe. Taking into account storage provided by two detention ponds the 48" pipe would be considered adequate to provide proper conveyance of an estimated 25-year frequency storm. This meets Division of Highways current desirable design criteria. Elevations obtained by Division staff on June 10, 2004 indicate the elevation of the inlet invert and the outlet invert of the pipe beneath SR-1565 to be 24.6' and 24.9' respectively. Upstream catch basins on Crosswinds Drive (between the two ponds) have inverts of 27.3' and 27.2'. The water surface elevation of both ponds is 26.0'. With equalized water surface elevations of the ponds being lower than the catch basin inverts elevations, it is felt an equalizer pipe exists between the ponds below the water surface. The roadway centerline low points in Crosswinds Subdivision were determined to be 30.4' at Downrigger Drive and 28.4' at Out Island Drive. The lowest measured finished floor elevations were 34.8' at 5912 Downrigger and 33.3' at 5032 Out Island. The overtopping elevation of Crosswinds Drive and Mohican Trail is approximately 30.5' and 30.2', respectively. Since the highest highway overtopping elevation is 30.5' and the lowest measured finished floor elevation is 33.3'it is unlikely that stormwater will reach the lowest finished floor within Crosswinds Subdivision as a result of backwater from the highway facility. Crosswinds Subdivision was designed and developed in 1988. At that time a 36" pipe provided conveyance of stonnwater beneath SR-1565. It is believed to have been installed in 1970. In 1995 the 36" pipe was upgraded to the current 48" pipe. The outlet of Crosswinds downstream pond is located approximately 250' upstream of the pipe at elevation of 26.8'. This is approximately 1.8' below the top of the 48" pipe. Crosswinds Page 3 It is the finding of this review that the existing 48" pipe beneath SR-1565 is adequate to meet highway drainage needs. The pipe crossing located beneath SR-1565 existed prior to design and development of Crosswinds Subdivision. It is the responsibility of the designer/owner/developer to take existing conditions into consideration when developing property. This would include drainage facilities and finished floor elevations. Site drainage and finished floor elevations that have no negative impact on state maintained highway facilities is beyond the control of Division of Highways. Flooding within crosswinds reportedly occurred during extreme storm events, such as Hurricane Floyd, that exceeded normal and reasonable design criteria. These factors are also beyond the control of the Division of Highways. For these reasons it is recommended that Division of Highways take no action at this site. If further assistance can be provided, please contact this office. cc: Mr. H.A. Pope, PE Mr. Dan Cumbo, PE O�QF WATF,�QG Michael F. Easley, Governor y William G. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 12, 2004 Mr. Clay Collier .. Crossley McIntosh Prior & Collier Attorneys at Law 2451 S. College Road Wilmington, NC 28412 Subject: Crosswinds Subdivision New Hanover County 04 CVS 2896 Dear Mr. Collier: Pursuant to our recent communications, please find enclosed the following information: a copy of the approved plan for Crosswinds Section III, SW8 930102; copies of the certification of compliance, the application, and the Operation and Maintenance plan; and copies of the dye' test results, test location map and rainfall data map for SW8 921115. The certification of,compliance for Crosswinds Section III was issued as low density, with 100' - grassed swales placed at various low points, having side slopes of 5:1 or flatter, to treat road runoff. Under the certification of compliance issued for the "Rear Pond", some of the swales in Section III were allowed to be piped, which required alternate treatment measures. To treat this runoff, the drainage ditch that runs along the rear property .line of the northern -most lots in Section III was redirected into the Rear Pond. If you wish to pursue reducing the load on the rear pond by redirecting the ditch in Section III such that it bypasses the pond, all of the grassed swales that were piped will need to be re-established as 100' grassed swales with side slopes of 5:1 or flatter. .The dye test was conducted on December 10, 2002, between 1:30 pm and 3 pm with a co- worker, Mr. Jim Bushardt, who is a Professional Engineer, and has dye testing experience. Dates, times, antecedent rainfall data and observations are all duly noted in the summary. If you have any questions, please do not hesitate to contact Rick Shiver at (910) 395-3900. Sincerely, XJ Linda Lewis' Environmental . En neer ,: RSS1arl: S:1WQSISTORMWATILETTERS120041930710.oct04 cc: Dort Eaton, AG's Office, with attachments Linda Lewis ,r North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Servicel-877.623-6748 Wilmington Regional office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet h2o.enr.state.nc,us TOne oidiCarolina An Equal Opportunity/Affirmative Action Employer-• 50°k Recycledll0% Post Consumer Paper i�Aatllrl0k WRTER & LAND SECTION Fax:919-716-6766 Oct 11 '04 10:26 P.05 10/08/2004 13:34 9102510446 CMPC r"%fl- "' JOHN P. CR0561EY' j)DUOUSF.Iy NT9314 FRANCISD. PRIOR GtaY ALLEN C01.1.1r_R 1{, MARK HAMLET mmuv. H. MACRAE M11M.1w MAWLIV AswLEY W. EDWARoa DRIAN E. F_DAS •RF„Rev Donald W. Laton, Esq. Assistant Attorney General N.C. DEPARTMENT OF JUSTICE Environmentaf Division 9001 Mail Service Center Rol 1 h NC 27it*Q_g001 BZI 1 , CROSSLEY biC1KT0fi1J PRIOR & COLLIER ATMRWWM ATLnq 2d5 r Soum COLLEGE ROAD WILMIM( tON, NORTH CAaoMA 211412 TELEMNE 9101742-9711 October8, 2004 FAX 910�t`04� TOLL 900994.971] F-mail CT&VagMV0-Iaw.00m RE: state of Nortki Carollnex rel. William G. Ross, Jr. Secretary, North Carolina Department 4f Environment and Natural Resources v. B&D Development Corporation (04 CVS 21S96 — New Hanover County) Dear Don: I. am pleased to ernciose l4era3with a filed copy of the STIPULATION FOR EXTENSION OF TIME TO ANS NiR OR OTHERWISE PLEAD relative to the above - captioned matter. I thank you agaiNfor your cooperation in executing this document. I am also analasino copies df maps which will satisfy the agreements which we struck when we visited the CmssvWWs Subdivision a couple of weeks ago with our respective clients. I am endosinj a large map showing the survey results of the anticipated enlargement of the rear] ponds at Crosswinds. Also find enclosed a survey map documenting the underground, drainage pipe which runs to the front pond in the subdivision. As you can see, my, cliwrta birve moved immediately with preparations to enlarge the rear ponds as we have) discuse6d. and contemplated as part of a settlement in this litigation. Also, pursuant to the request of Me. Lewis, my client has performed survey work to confirm that the undergroundd drainage pipe slopes In the.direction necessary to move water to the front pond and riot to the rear as Ms. Lewis has opined. Me, Lewis indicated that she had soire dye 11aftwhich confirm the water flawing in the wrong direction. I would appredite you providing us a copy of that test for our records. it is important to nvlb that thla pipe at issue was, with the exception of the area that runs under Windjammer Drive„ not Installed by my client. In fact, open ditch was planned and constructed by my pndnt and approved by your client with respect to this area. The individual herneowneei, or the Homeowlnem Association, subsequently modincd tho plait w oover; the opa6.dft--h and utilizes the undarsmund pipe which now exists and, according to Ms. Lewid, causes some problem. This pro lem is not the result of the work of E16D -but, In fact, the result of modificatfons and maintenance (or WATER & LAND SECTION Fax:919-716-6766 Oct 11 '04 10:26 P.06 110/0812004 13:34 9102510446 CMPC rm;ar- w Donald W, Laton, Esq. October 8, 2004 Page 2 lack thereof? on the part of. the Individual homeowners or the Homeowners Association. Nonetheless, allow this to !confirm B&D's agreement to block some part of the ditch to ensure that water does not flow to the back ponds, but rather will flow to the front pond in the subdivision. it is my understanding, based upon our discussions at the site, that the State wishes for my client to db some maintenance related work on the front pond in the subdivision, we must respectfully decline. We can establish conclusively through emalls generated by the Homeowners Aucclatlon Itself, that maintenance has been performed on the front paind by the HOA. You and I stood and saw the results of attempted enlargament ofj the pond which has caused extensive erosion around one Edge when we visited the rite a couple of weeks ago. Although your clients purportedly Gould not see any ditr6cc in the pond banks, I am confident that any impartial person, whether w$h knowledge or understanding of the subject matter or not, would be able to tell the difference. I am also confident that we would be able to oetablish, as would your ofiant if they Inquired, that the excavation work was done by the HOA. We also advised and believe that the HOA eliminated tM existing pumping system on the pond and constructed a now one -in Its place. Your client has been notified, since 1997, that all the property at issue in this litigation was legally transferred to the HOA in April of 1996. Your client has also been advised .and has understood since 1997 that the HOA has performed maintsrlance and. modifications on the system, some of which has resulted in the problems of, which the HOA and the State now complain. Our agreement to enlarge theAVA_of x . a war ponds and take such other actions as is documented herein , is our good faith slPort to resolve all disputes without any admission or'any respentiblllty or legal liability which we believe is nonexistent. My clients are anxious to put tlhls matter behind them. They would like to move forward as quickly ae possible. However, If we cannot resolve this matter, then my clients will not hesitate to defend their rights fully and completely in ocurt. When we met a couple of ;weeks ago, we discussed diverting some of the water that runs along the drainage easement behind the lots on Crosswinds Drive_ Ms. Lewis said she had to look at some records -to so whether this could be possible. I assume that this has been done. I have not heard from you regarding this matter. Obviously, this could assist us as we etfiempt to find a solution to the alleged drainage problems in Crosswinds. We have discussed drafting a. Consent, Judgment upon which the parties could agree and which would milmorlalIM the resolution of this case. 1 await receipt of your proposed document. I hope that via can oontlnue, to work together in the spirlt of mutual cooperation and good faith with all parties agreeing to attempt to reach a resolution. It is my understanding that, onee we agree upon the terms, the State will ensure that the HOA accepts the responsibillty of future maintenance and signs all documents WATER & LAND SECTION Fax:919-7.-16-6766 Oct 11 104 10:26 P. 07 10/08/2004 13:34 9102510446 C14PC mnsid W. Leton, Esq. October 8, 2004 Page 3 presented to andfor requirad by the State to confirm their ownership and responsibilities. you and I diacusadd earlier this week the troubling news that the lorai DWO office contacted the County to advise of potential violations by B&D with respect to activities on the Iota abuttiha the rear ponds In Crosswinds. As You know, this is not in keeping with the conversa9 and agreements that we made together when we met onsite a couple of weeks ago. 1 also believe this is a continuation of a long-standing pattern of disparate t ostment. directly targeting B&D. I request that it cease immediately. I would rather not make a big deal out of things at this point, but believe it best for all parties to resolve this matter. if you have any gUastrons or concerns with this letter or with any of the detalls concerning this lfNgallon, please don't hesltate to contact me. I look forward -to working with yvu toward drafting wConsed Judgment which will be consistent with the terms set forth herein and to finally maolving this situation to the mutual benefit of all involved, Yours very truly, CROSSLEY, mr-INTOSH, PRIOR & COLLIER NX041--r My A. Collier CAClpbw encls. cc: B&D DeveliOPMOnt t oif �pv _ f . ,..;....��� ��•..�%��..[� V/�6�J lw.) i cJ �, v �17 ��.5/,� L�l� ��� �'S"Z� f �n # i 7f, cs p Ca4NiY CO Mrr.l 5516N�(� { ==ll AJ r _ _.. o,� 7 6� -�s7 �3 f iafJ T®1J k v L c �s ROY COOPER ATTORNEY GENERAL State of North Carolina Department of .justice .. 9001 Mail Service Center RALEIGH, NORTH CAROLINA 276999001 September 9, 2004 Clay A. Collier, Esquire Crossley McIntosh Prior & Collier 2451 South College Road Wilmington, North Carolina 28412 Re: B & D Development Corporation 04 CVS 2896 - - New Hanover County Dear Clay: Reply to: Donald W. Laton Environmental Division Tel: 919-716-6963 Fax: 919-716-6766 I S E P 13 2004 This letter responds to your September 1, 2004 correspondence in the above -referenced, which I received on September 3, 2004. I enjoyed our discussion about this case on August 25, 2004 and am hopeful that we can amicably resolve this matter by consent. Further, I have no objection to your obtaining a 30 day extension of time within which to answer or otherwise plead to the Complaint filed in this action. I have informed DENR about the proposal and terms which we discussed and received a favorable initial response. DENR and I will discuss this matter in more detail and contact you soon. Thank you for your time and consideration in this regard. Sincerely, Donald Laton Assistant Attorney General I:\Floor3\DATA\WP\EP\DLaton\B & D Development-Crosswinds\CollierLefter090904.wpd P. 1 COMMUNICATION RESULT REPORT ('JUL.28.2004 12:10PM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE 713 MEMORY TX 89197166766 OK P. 15/15 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North CaroHm Departmeat of Environment and Natural Resources Wilmington Regional Office. Kthael F. Easley, governor William G. Ross Jr., Secretary FAX COVER SHEET Ill Doe: 7-2Y -04- - No. Of Ptges: 15 To,:j From:. CO: CO: FAX A:_ 9 f _— -7!fo Co FAX#: 910-350-2004 R.r+'r112ARKS: regue 5fad, 127 Caf"lloet Dri'°e F.M451e0, ►Vilmingtoq, N.C. 38405.3$45 Telephone (910) 395.3900 Fax (910) 3W3004 An Equal opporranit}• AMrrW!Vl! Action ZMployer �� 4�__ -� -- - - - __-.__ _ � ,4 v OD lift Ob 177-7-1 psl rMERMIZI Sism 0 a 0 E-4 0 M a■Wi. ME a r. I■ME NNONE u 'R 0 am KIM- ON INJIMPIll, IMERMI ENRON on!] not. OWN a • OWN am s MIN ano am am 4-� _. - _ _- __ - _ ._ --- _ w --...-_.-_�+I P. 1 COMMUNICATION RESULT REPORT ( JUN. 4.2004 8:56AM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE ------------------------------------------------------------------------------------------------ 253 MEMORY Tt% 8-9197166766 OK P. 8/8 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION State.of North Carolina Department of Environment and Natural Resources Wilmington regional Office Michael F. Easley, Gavemor William G. Rass Jr,, Secretary FAX COVER SHEET cross Darer r. YA_^4 To: z CO: 7 , FAX #: °i icl - N'o. Of Pages: From: �• CO: FAX#: 910-350-2004 I2 Cardinal Drive Exten510", Wilmington, N-O, 2840S_3945 Telephone (919) 39S.39op Fa* (9t0) 35p-2003 An Equal OpportualWAfrrnintive Action Emplgyer CLARK, NEWTON, EVANS & CRAIGE, L.L.P. ATTORNEYS AT LAW AND IN ADMIRALTY 509 PRINCESS STREET WILMINGTON, NORTH CAROLINA 28401 GEORGET, CLARK, JR. (RETIRED) JOHN RICHARD NEWTON t DON T. EVANS, JR. LAWRENCE S. CRAIGE RUSS C. BRYAN tt tCOURT CERTIFIED ARBITRATOR CERTIFIED MEDIATOR, AOC ttA1SO ADMITTED IN DISTRICT OF COLUMBIA April 303 2004 Wanda Copley, Esq. County Attorney 320 Chestnut Street, Room 309 Wilmington, North Carolina 28401 E. Holt Moore, III, Esq. Assistant County Attorney 320 Chestnut Street, Room 309 Wilmington, North Carolina 28401 Dear Ms. Copley and Mr. Moore: TELEPHONE (910) 7624743 FACSIMILE (910) 762-6206 EMAIL encdaw@nerscape.nec It is my understanding that the New Hanover County Attorney's office has lifted, or is in the process of lifting, the hold on permits for several lots in Crosswinds. These lots were being held at the request of the State DENR office to expand the retention ponds and thereby correct the existing DENR violations. The state DENR, New Hanover County engineering, and North Carolina Attorney General offices have all worked several years to fix the problems in Crosswinds. On May 6' Representative D. McComas will be meeting with DENR and the Attorney General's office to develop a plan for seeking injunctive relief for the Crosswinds homeowners. It would be absurd if the state was seeking relief based on the existence of these lots while the county attorney's office was working at crosspurposes. Action now to free up these lots for home construction would jeopardize any corrective possibilities and lead to permanent harm to the Crosswinds homeowners. In order to avoid a terrible injustice, permits must not be issued on these crucial Crosswinds lots. Y urs ruly, o Richard Newton Attorney for Crosswinds Homeowners JRN/kj CC: Senator Patrick Ballantine 1127 Legislative Building Raleigh, North Carolina 27601-2808 Attorney General Roy A. Cooper, III North Carolina Department of Justice P. O. Box 629 Raleigh, North Carolina 27602-0629 Governor Michael F. Easley Office of the Governor 20301 Mail Service Center Raleigh, North Carolina 27699-0301 Mr. Wade Harris Crosswinds HOA 5901 Headsail Court. Wilmington, North Carolina 28409 Attorney D. Layton North Carolina Department of Justice P. O. Box 629 Raleigh, North Carolina 27602-0629 Representative Daniel F. McComas P. O. Box 2274 Wilmington, North Carolina 28401 Mr. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, North Carolina 28405 WANDA M. COPLEY County Attorney KEMP P. BURPEAU Deputy County Attorney E. HOLT MOORE, III Assistant County Attorney NEW HANOVER COUNTY OFFICE OF THE COUNTY ATTORNEY 320 CHESTNUT STREET, ROOM 309 WILMINGTON, NORTH CAROLINA 28401-4095 .TELEPHONE (910) 341-7153 FAX (910) 341-4170 April 8, 2004 Via U.S. Mail & Facsimile. 350-2004 Mr. Rick Shiver NCDENR - Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405-2845 Dear Rick: APR 13 2004 f RE: Building Permits in Crosswinds Subdivision After thoughtful deliberation on the subject, the County has decided to release the building permits in the Crosswinds subdivision. We have been holding these permits with the consent of the developer, and this consent has recently been withdrawn. If the State still feels that no building should take place on these lots, there are seemingly injunctive and possibly other avenues of relief available to it. We hope that our support of your efforts over the last three years has been helpful in working towards a resolution regarding the retention ponds. With best regards, I remain Very truly yo s, E. Holt oore, III Assistant County Attorney cc: Jim Craig, New Hanover County Engineering APR-08-2004 THU 01:46 PM COUNTY ATTORNEY OFFICE FAX NO. 910 341 4170 NEW HANOVER COUNTY OFFICE OF THE COUNTY ATTORNEY 320 CHESTNUT STREET, SUITE 309 WILMINGTON, NORTH CAROLINA 28401-4095 TELEpHO NE (910) 341-7153 FACSIMILE (910) 341-4170 TO: FAX NUMBER: FROM: DATE: Facsimile Gover Sheet Mr. Rick Shiver 350-2004 Holt Moore 4/8/04 NUMBER OF PAGES INCLUDING THIS COVER SHEET: 2 ADDITIONAL COMMENTS: Please find letter following. Thank you. THIS FACSIMILE TRANSMISSION CONTAINS CONFIDENTIAL AND/OR LEGALLY PRIVILEGED INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUALS) NAMED ON THE TRANSMISSION COVER SHEET. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR TAKING OF ANYACTION IN RELIANCE UPON THE CONTENTS OF THIS FACSIMILE TRANSMISSION IS STRICTLY PROHIBITED. IF YOU HAYE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US BY TELEPHONE IMMEDIATELYSO THAT WE CANARRANGE FOR RETURN OF THE DOCUMENTS TO US AT NO COST TO YOU. APR-08-2004 THU 01:46 PM COUNTY ATTORNEY OFFICE FAX NO. 910 341 41-0 r 0 qp EW Q MCYI .�� N3 .1% WANDA M. COPLBN county 0-domoy KSMP P. 5UPPRAV Deputy County Atbmey e. HOLY' MOOAB, M Assistant Cowuy Attomey NEW HANOV'ER COUNTY OFFICE OF THE COUNTY ATTORNEY 320 CHESTNUT STREET, ROOM 309 WILMINGTON, NORTH CAROLINA 28401-4095 TELEPHONE (910) 341-71 S3 FAX (910) 341-4170 April 8, 2004 Via U.S. Mail &Facsimile 350-2004 Mr. Rick Shiver NCDENR - Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405-2845 RE: Building Permits in Crosswinds Subdivision Dear Rick: After thoughtful deliberation on the subject, the County has decided to release the building permits in the Crosswinds subdivision. We have been holding these permits with the consent of the developer, and this consent has recently been withdrawn. If the State still feels that no building should take place on these lots, there are so available to it. We hope that our support y efforts our effoover the last three years has been helpful in working towards a resolution regarding the retention ponds. With best regards, I remain Very truly yo s, E. Holt oore, III Assistant County Attorney cc: Jun Craig, New Hanover County Engineering • SOSID: 0307375 • Date Filed: 2/25/2004 3:50:00 PM Elaine F. Marshall North Carolina Secretary of State CO-479 (51) Business Corporation Use this form only 2003 090 20547 r North Carolina Annual Report contact the Norm an Annual Report f Liability Partnershi Name of cKoration. THE SLVNIT BUILDING GROUP, INC. State of incorporation: NC Secretary of state corporation identification number: 0307375 Fiscal year ending: 12/31/02 M-UV(Myn'ear Federal employer identification number: 56-1780299 It this is the initial annual report fill% you must complete the entire form, It your business corporation's information has not changed since the previous repro% check the box and complete tine a only ...................................................... -0 XO T Registered agent and registered office mailing address Agent: Mailing Address: 2 Street address and county of registered office Street Address: County: 3 If registered agent changed, signature of new agent: (94001ure eonsalLO& eaaaent to the appoinbmnq 4 Enter principal office address here: 8613 V)4.71%f aw a-. Lt% MiOGTI O 0(-IeYh' 5 Enter principal office telephone number here: $01- Or p f I wa 6 Enter name, tide and business address of principal officers here: Zv Complete Form CD•479A°to list additional principal officers 7 Briefly describe the nature of business: 8 CoMeation of ann oft mu ated by all corporations Sipnetiue (form moat an;—k eorporabon) Date �- JOHN E. STONE Type or Rini Name Title nrrmnu 11nnAAW CAR4 STATE OF NORTH CAROLINA ANNUAL R PORT INCLUDE 10.00 FILING FEE PAYABLE TO N.C. SECRETARY OF STATE. 96 242 0340 CORP ID- 0' 3 0 7 3 7 5 FILING No- A 0 0 5 STATE OF INC- NC 1. NAME OF CORPORATION, PRINCIPAL OFFICE ADDRESS THE SUMMIT BUILDING GROUP, INC. PO BOX 777 CAROLINA BEACH NC 28428 SECRETARY OF STATE ANNUAL REPORTS •,� P.O. BOX 29525 RALEIGH NC 27626-0525 (9191 7r33-4201 r' 2 . REPORT DUE DATE- OS-29-1996 NOTICE DATE- 06-30-29% DATE OF INC- 06-03-1992 ENTER PRINCIPAL OFFICE ADDRESS CHANGE HERE - Sf(o!3 Clio M4� Cusp Dr. C.0111m,00-ro') IU • C . Q P YVY 2. REGISTERED AGENT AND MAILING ADDRESS ENTER AGENT NAME AND MAILING ADDRESS CHANGE HERE DICK J THOMPSON PO Box A B CAROLINA BEACH NC 28428 � D^ ap 3. STREET ADDRESS 0i REGISTERED OFFICE ENTER STREET ADDRESS CHANGE HERE - 1 MiRCHANT LN CAROLINA BEACH NC 28428 $(o 13 0/j 0,•. COUNTY - NEN HANOVER /,�� r G 4. IF REGISTERED AGENT CHANGED, SIGNATURE OF NEN AGENT *' I6/dTtIRE CONS IT SENT T.- S. FEDERAL EMPLOYER ID NUMBER ENTER FEDERAL IO NUMBER CHANGE HERE - 0299 6. ENTERRNNAME, TITLE TLE AND BUSINESS ADDRESS OF PRINCIPAL OFFICERS HERE - NAME- Jul E. S'TU r ADDR- .� r&/3 O�7jOC � ULOu"• TITLE- Qit�slDr CITY- WIl/Wt„)G7t;;�J sr-IUCzIP- .284IG5 NAME- Qr'CtC �. I ADDR- p TITLE- 13 IT/1 6f LC.I C4 CITY- C` GC•rJ/a- �f'� ST- iU C ZIP- 2 jy2P NAME- ADOR- TITLE- CITY- ST- ,xP- NAME- ADDR- TITLE- CITY- ST_ Zip- 7. ENTER NAME AND BUSINESS ADDRESS OF DIRECTORS HERE - ATTACH 2ND PAGE IF NECESSARY NAME- 'JIUG / Hz : ADDR- P .G , I.3G+xni %71 cITY- Cj%?Z4 131�c,�.4j sT- k ZIP- ,Vq,2p NAME- �a F . %7v,, E ADDR- V%p 13 Ui,-Tr . a CW.13 a. Cm- Lt),1/mIj ST-aJC. ZIP- ak'10f' Nam- ADDR- CITY- ST- Zip - BRIEFLY DESCRIBE THE NATURE OF ITS BUSINESS OR ACTIVITIES - Aj� &rMC THE UIlDI�, INC. �i a Y16NED- GATE- 1, -' / �_ — �lF' M N{R;T BE SIONED VV C"ZCER CF CORPORATION? NAME TITLE - TYPE OR PRINT NAM AND TITLE This form should bo returned by the DUE DATE Shawn above with a check for *20.00 to: SECRETARY OF STATE, ANNUAL REPORT SECTION, POST OFFICE 29525, RALEIGH NC 27626-0525. ;� CAR4 . da` AATFo CARS STATE OF NORTH CAROLINA ?, INCLUDE PAYABLE TO N. OF STATE. •� RUFUS L. EDNISTEN SECRETARY OF STATE ANNUAL REPORTS P.O. BOX 29S25 RALEIQH NC 27626-0525 (919) 7733-4201 92 L a REPORT DUE DATE- 09-01-1992 CORQ ID- 0 3 0? 3 7 5 C SP 11 xt 1. FILING NO- A 0 0 1 L E0MJST CE DATE- 06-30-1992 STATE OF INC- NC Ct�;� �_•:' t ' C ri:T �'7 f.. •. ' :. ` F DATE OF INC- 06-03-1992 1. REGISTERED AGENT R REGISTERED OFFICE MAILING ADDRESS ENTER AGENT NAME 8 MAILING ADDRESS CHANGE HERE - THE SUMMIT BUILDING GROUPS INC. C/O202 DICK J THOMPS0 f a Q OjL -T7 +1 2AR LENIS RD i1204 CAROLINA BEACHH NC 28428 vo L� i 0,,A SeaLA Z ,94z,6 2. STREET ADDRESS OF REGISTERED OFFICE ENTER STREET ADDRESS CHANCE HERE - CAROLINA777 BEACH NC ZM28 'a COUNTY - NEW HANOVER ��y►p Ci1A(.. Q VIAL 3. IF REGISTERED AGENT CHANGED, SIGNATURE OF FEN AGENT SIOMME CONSTITUTES COMSAT TD AppOIMTHENT, 4. ENTER PRINCIPAL OFFICE ADDRESS HERE - THE SUMMIT BUILDING GROUP, INC. ADDR- S. ENTER FEDERAL EMPLOYER ID NUMBER HERE - CITY-6VV%w+-e. tLa ST-A(' ZIP- xbf+" 6. ENTER NAME, TITLE AND BUSINESS ADDRESS OF PRINCIPAL -OFFICERS HERE - NAME- T4>1� c. �%4-4 . o F ADDR- 00 &D1C TITLE- Pr�i /7_ CITY- �'e+�r+Oi1m Q.e�.C, --ZI ST- A(P- �%T2h «� NAME- �I�k ' I /� `� ADDR- PO Ap __�~�:�'} CJo^C:* TITLE- CITY- drO 0 h 4AQZn ST- W-ZIP- 76�� NAME- ADDR- TITLE- CITY- ST- ZIP- NAME- ADDR- TITLE- CITY- ST- ZIP_ "'�4 ;2 AND bUSINE= A&DrIES;. OF DIRE�YDiS mrz - A: T;cm 2NP. rAs: Z^s f.wCE.Ss�ARY NAME - JoLr, s'{�ryV�,Q ADDR- 90 194 KC '1:1--- t, CITY- �iiyy, tea►.C.k ST-r, 4- ZIP- �r D FiAME-'� tL�G I�Ow�tL3b� ADDR- & 6p1C'^-•':� 1 CITY- (%L" O vw. 4"LC�k ST-W, ZIP_ NAME- ADDR- CITY- ST- ZIP- 8. BRIEFLY DESCRIBE THE NATURE OF THE BUSINESS- av'4ve.-'Cn 41 64, THE SUMMIT BUrLPING GROUP, INC. 9. WE- all�- SIOMED- (FORM MUST B! SIDNED BY OFFICER OF CORPORATION) NAME---� YA 491 W el. TIT4.E- .- VI_ Ld. TYPE OR PRINT NAME MID T This fora should be returned b the DUE DATE shown above with a check for 610.00 to: SECRETARY OF STATE, ANNUAL REPORT SECTION, POST OFFICE 29525, RALEIGH NC 27626-0525. pp CARS •'L, L#R. i;. ..ir55..x�.,:.��,�{;0:��,• �a; ��i�•fyi.�kRi7'Ti. Ir I I CROSSWINDS HOMEOWNERS ASSOCIATION T. Eric Hunter Office of Senator Patrick Balantine 1127 Legislative Building Raleigh, NC 27601-2808 Dear Mr. Hunter, 5901 Headsail Court Wilmington, NC 28409 San. 29, 2004 ?;%�c 6J Fig k,V U 2 2004 As President of the Crosswinds Homeowners Association I want to thank -you for writing on behalf of Senator Ballantine to several of the residents in our community. We are encouraged that your conversations with Mary Penny Thompson indicate that she will soon be filing an injunction complaint against the permittee for the Crosswinds ponds. It should be pointed out that there are several other issues including the Wedgefield pond in the adjoining community that is part of the Crosswinds system. The issues are enumerated in the attached letter written by our drainage committee chairman. You will notice in this letter that all we ask is for the state to enforce its own regulations and recognize that the state cannot address all flooding. In your lever, you indicated that another developer was diverting water into the Crosswinds' retention pond with the permission of a New Hanover County court. You should be aware that the direction of this water into the Crosswinds property existed long before the B&D developer (permittee) owned the property and Crosswinds was built. Since the water predated development, state law required the water to be considered in the design of the retention ponds. The B&D developer chose to ignore this requirement. As a result, the NC state DENR agency issued a violation to the B&D developer. At first, B&D attempted to close off the water flow. B&D was quickly told by the New Hanover County engineering department that they could not do that. Next, B&D sold off the portion of the property that was involved in the transference of water to another developer. Immediately after selling the land, B&D told the purchaser that the residents of Crosswinds were ready to sue him if he didn't block the water transference. Crosswinds' residents had no such intention since we realized that the water predated our existence. A jury determined that the water flow had to be restored to the original state. If the B&D developer had done what was required of him in the beginning, the matter would not have gone to court and the ponds would have been sized properly. We don't believe that this case is as complex as it may appear once the facts are uncovered. Speaking of facts, it is our belief that the state will need to have an engineer determine what the facts are, since the developer has always hidden behind the statement that he is the only one that has used the services of an engineer. We suggested a suitable engineer to the AG's office that is located in Raleigh, is familiar with the case, and has done work for the state before. look forward to working with Senator Ballantine's office and the Attorney General's office in solving the stormwater problems in Crosswinds. Sincerely, Wade Harris, President Crosswinds HOA cc: Senator Patrick Ballantine Mr. Vincent Calcagno Attorney General Roy A. Cooper III Governor Mike Easley Mr. Everette Knight Rep. Daniel F. McComas Mr. John Newton Mr. Rick Shiver Ms. Mary Penny Thompson New Hanover County Tax Records Inquiry - Detail Data Page 1 of 1 NEW HANOVER COUNTY TAX DEPARTMENT Real Estate Tax Records Inquiry - Detail Data Current Tax Year Data Parcel ID ................................. R07116-010-046-000 Owner 1/1/04.......................... TRASK WILLIAM K Current Owner ........................ TRASK WILLIAM K Property Address .................... CROSSWINDS DR Legal Description ..................... LOT 305 SEC 5 CROSSWINDS Real Estate Values Represent Market Value as of January 1,1999 TOTAL RCN ( 0 BUILDINGS ) ................................... 0 TOTAL DEPRECIATION ............................................. 0 TOTAL RCNLD..................................................... = 0 TOTAL MISC. IMPROVEMENTS ....................................... +0 TOTAL LAND ..................................................... +34,200 TOTAL RCNLD + MI + LAND ........................................ = 34,200 MARKET ADJUSTMENT .............................................. 0 TOTAL VALUE OF PROPERTY USING MARKET ADJUSTED COST METHOD...... = 34,200 Return to Top of Page Curreni Tax Statement Prior Taxes � Sales History MAP Advanced Maki Previous Page 1 Main Menu I Questions? 9 New Hanover County Tax Records Inquiry - Detail Data Page 1 of 1 NEW HANOVER COUNTY TAX DEPARTMENT Real Estate Tax Records Inquiry - Detail Data Current Tax Year Data Parcel ID ................................. R07120-006-018-000 Owner 1/l/04.......................... TRASK WILLIAM K Current Owner ........................ TRASK WILLIAM K Property Address .................... 5113 MAKO DR 337/5 Legal Description ..................... LOT 337 SECTION 5 CROSSWINDS Real Estate Values Represent Market Value as of January 1,1999 TOTAL RCN ( 0 BUILDINGS ) ................................... 0 TOTAL DEPRECIATION ............................................. 0 TOTAL RCNLD.................................................... = 0 TOTAL MISC. IMPROVEMENTS ....................................... +0 TOTALLAND ..................................................... +34,200 TOTAL RCNLD + MI + LAND ........................................ = 34,200 MARKET ADJUSTMENT .............................................. 0 TOTAL VALUE OF PROPERTY USING MARKET ADJUSTED COST METHOD...... = 34,200 Return to Top of Page 111 0�� �' •,l MAP, 'f dom Questions? New Hanover County Tax Records Inquiry - Detail Data Page 1 of 1 NEW HANOVER COUNTY TAX DEPARTMENT Real Estate Tax Records Inquiry - Detail Data Current Tax Year Data Parcel ID ................................. R07120-007-008-000 Owner 1/l/04.......................... TRASK WILLIAM K Current Owner ........................ TRASK WILLIAM K Property Address .................... 5804 NEELYS CT LT304 Legal Description ..................... LOT 304 SEC 5 CROSSWINDS Real Estate Values Represent Market Value as of January 1,1999 TOTAL RCN ( 0 BUILDINGS ) ................................... 0 TOTAL DEPRECIATION ............................................. 0 TOTALRCNLD.................................................... = 0 TOTAL MISC. IMPROVEMENTS ....................................... +0 TOTALLAND ..................................................... +34,200 TOTAL RCNLD + MI + LAND............ 34,200 MARKET ADJUSTMENT .............................................. 0 TOTAL VALUE OF PROPERTY USING MARKET ADJUSTED COST METHOD...... 34,200 Help Return to Ton of PaEe Current Tax Statement i Prior Taxes Sales History M A P Advanced Map Previous Page Main Menu Questions? 9 New Hanover County Web Access Page 1 of 1 Hanover County Register of Deeds Rebecca T. Christian, Registrar Official Public Records ►Vrtm* l''vird" Menu New Search Prey Help Criteria: Grantor Begins with TRASK, WILLIAM Filed between 01/0112004, 08/21/2004 Search Results - 9 matches Displaying Records 1 to 9 Instrument Number Book- Page Date Filed Document Type Grantor (+) = More Names Grantee (+) = More Names Legal Description 2004027730 4341 - 05/27/2004 DEED OF P TRASK WILLIAM P TRASK WILLIAM K LOT 34 WEDGEFIELD AT 942 RELEASE A CROSSWINDS SOUTH SEC 1 2004002897 4165 - 01/20/2004 DEED P TRASK WILLIAM C KNOX GROUP OF SEC 4 $0 LT 229 CROSSWINDS 529 K WILMINGTON INC 2004005125 4180 - 02/02/2004 AMENDMENT P TRASK WILLIAM C SOUTHLAND PHASE 2 AIRPORT 799 D/T K ASSOCIATES INC TR INDUSTRIAL CENTER 2004005331 4182 - 02/03/2004 DEED OF P TRASK WILLIAM P TRASK WILLIAM K SEC 1 LT 1 WEDGEFIELD A T 22 RELEASE K CROSSWINDS SOUTH 2004005347 4182 - 02/03/2004 DEED OF P TRASK WILLIAM P TRASK WILLIAM K UNITS 35 THRU 38 PH 2 SEC 10 124 RELEASE K & UNITS 39 THRU 42 PH 2 SEC 11 AIRPORT INDUSTRIAL CENTER 2004005451 4182 - 02/03/2004 DEED P TRASK WILLIAM C NORTHSIDE BAPTIST TR OWLS LN AREA $100.00 718 K CHURCH OF WILMINGTON INC 2004008286 4201 - 02/19/2004 DEED OF P TRASK WILLIAM P TRASK WILLIAM K TR WRIGHTSBORO RD AREA 106 RELEASE K 2004038906 4418 - 07/22/2004 DEED P TRASK WILLIAM C KNOX GROUP OF LOT 310 CROSSWINDS SEC V 196 K WILMINGTON INC $0 2004041421 4436 - 08/03/2004 ASSIGNMENT P TRASK WILLIAM C CENTRAL CAROLINA AIRPORT INDUSTRIAL CENTER 655 K BANK CONDO UTS 48 49 50 & 51 PH 2 SEC 14 For issues with this sol1ware, please check the FAQ. . Internet Public Access Module Version 3.1 Copyright 2001, 2002 Hart InterCivic, Inc. All Rights Reserved. New Hanover County Tax Records Inquiry - Detail Data Page 1 of 1 1� .!!'n,r_ NEW HANOVER COUNTY TAX DEPARTMENT Real Estate Tax Records Inquiry - Detail Data Current Tax Year Data Parcel ID ................................. R07120-006-017-000 Owner 1/1/04.......................... GOLDEN ROAD GROUP LLC Current Owner ........................ GOLDEN ROAD GROUP LLC Property Address .................... 5109 MAKO DR 337A5 Legal Description ..................... LOT 337A SECTION 5 CROSSWINDS Real Estate Values Represent Market Value as of January 1,1999 TOTAL RCN ( 0 BUILDINGS ) ................................... 0 TOTAL DEPRECIATION ............................................. 0 TOTALRCNLD.................................................... = 0 TOTAL MISC. IMPROVEMENTS ....................................... +0 TOTALLAND ..................................................... +34,200 TOTAL RCNLD + MI + LAND.. ..........................34,200 MARKET ADJUSTMENT .............................................. 0 TOTAL VALUE OF PROPERTY USING MARKET ADJUSTED COST METHOD...... = 34,200 Help ------------------ Return to Top of Page Current Tax Statement Prior Taxes 'Sales History j MAP Advanced Mart Previous Page 1 Main Menu Questions? New Hanover County Tax Records Inquiry - Detail Data Page 1 of 1 NEW HANOVER COUNTY TAX DEPARTMENT Real Estate Tax Records Inquiry - Detail Data Current Tax Year Data Parcel ID ................................. R07120-006-019-000 Owner 1/l/04.......................... GOLDEN ROAD GROUP LLC Current Owner ........................ GOLDEN ROAD GROUP LLC Property Address .................... 5117 MAKO DR 338/5 Legal Description ..................... LOT 338 SECTION 5 CROSSWINDS Real Estate Values Represent Market Value as of January 1,1999 TOTAL RCN ( 0 BUILDINGS ) ................................... 0 TOTAL DEPRECIATION ............................................. 0 TOTAL RCNLD.................................................... = 0 TOTAL MISC. IMPROVEMENTS ....................................... +0 TOTAL LAND ..................................................... +34,200 TOTAL RCNLD + MI + LAND....... ................................. = 34,200 MARKET ADJUSTMENT .............................................. 0 TOTAL VALUE OF PROPERTY USING MARKET ADJUSTED COST METHOD...... = 34,200 2A Return to Top of Page Current lax Statement ; Prior Taxes dales His MAP Advanced Map � Previous Page Main Menu Questions? New Hanover County Tax Records Inquiry - Detail Data Page 1 of 1 NEW HANOVER COUNTY TAX DEPARTMENT Real Estate Tax Records Inquiry - Detail Data Current Tax Year Data Parcel ID ................................. R07120-006-020-000 Owner 1/l/04.......................... GOLDEN ROAD GROUP LLC Current Owner ........................ GOLDEN ROAD GROUP LLC Property Address .................... 5121 MAKO DR 339/5 Legal Description ..................... LOT 339 SECTION 5 CROSSWINDS Real Estate Values Represent Market Value as of January 1,1999 TOTAL RCN ( 0 BUILDINGS ) ................................... 0 TOTAL DEPRECIATION ............................................. 0 TOTALRCNLD.................................................... = 0 TOTAL MISC. IMPROVEMENTS ....................................... +0 TOTAL LAND ..................................................... +34,200 TOTAL RCNLD + MI + LAND ........................................ = 34,200 MARKET ADJUSTMENT .............................................. 0 TOTAL VALUE OF PROPERTY USING MARKET ADJUSTED COST METHOD...... = 34,200 Help Return to Top of Page Current Tax Statement FrIor Taxes Sales History MAP Advanced Map Previous Page 1 Main Menu Questions? 9 New Hanover County Web Access Page 1 of 1 New HanoverColunty Reg i..ste: of Deeds b"" T. chrislimm, Resiistr" Official la l Public Records Neer(* Rem Its Menu • Now Search • Prefs ►'iela Criteria: Grantor Begins with GOLDEN ROAD GROUP LLC Filed between 01/01/2004, 08/21/2004 Search Results - 38 matches Displaying Records 1 to 10 Jump to Page: 1 2 3 4 Instrument Book- Date Filed Document Grantor Grantee Legal Description Number Page Type (+) = More Names (+) = More Names 2004001907 4159 - 01/14/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD SEC 1 LT 19 WINDS RIDGE 313 RELEASE GROUP LLC GROUP LLC 2004002215 4161 - 01/15/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD SEC 1 LT 23 WINDS RIDGE 65 RELEASE GROUP LLC GROUP LLC 2004002306 4161 - 01/15/2004 DEED C GOLDEN ROAD P MATT FRED J WINDS RIDGE DR AREA $600 800 GROUP LLC 2004003630 4170 - 01/23/2004 DEED C GOLDEN ROAD P TODD JAMES SEC 2 $590.00 LT 228 250 GROUP LLC TALBOTT WEDGEFIELD AT CROSSWINDS SOUTH 2004004089 4173 - 01/27/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD SEC 2 LT 215 WEDGEFIELD 116 RELEASE GROUP LLC GROUP LLC AT CROSSWINDS SOUTH 2004004090 4173 - 01/27/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD SEC 2 LT 235 WEDGEFIELD 119 RELEASE GROUP LLC GROUP LLC AT CROSSWINDS SOUTH 2004004091 4173 - 01/27/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD SEC 1 LT 35 36 WEDGEFIELD 122 RELEASE GROUP LLC GROUP LLC AT CROSSWINDS SOUTH 2004004092 4173 - 01/27/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD SEC 1 LT 37 WEDGEFIELD AT 125 RELEASE GROUP LLC GROUP LLC CROSSWINDS SOUTH 2004004452 4175 - 01/29/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD SEC 2 LT 238 WEDGEFIELD 589 RELEASE GROUP LLC GROUP LLC AT CROSSWINDS SOUTH 2004006940 4192 - 02/11/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD LOT 228 WEDGEFIELD AT 139 RELEASE GROUP LLC GROUP LLC CROSSWINDS SOUTH SEC 2 Jump to Page: 1 2 3 4 For issues with this software, please check the FAA . Internet Public Access Module Version 3.1 Copyright 2001, 2002 Hart InterCivic, Inc. All Rights Reserved. New Hanover County Web Access Page 1 of 1 New Hanover County Pr.&E.10gRi&,.V-ter of e d s Reb"*a T. Christi , Registrar Official A411c Records Searet Itea, ` idenu • New Search • Prelfs Help Criteria: Grantor Begins with GOLDEN ROAD GROUP LLC Filed between 01/01/2004, 08/21/2004 Search Results - 38 matches Displaying Records 11 to 20 Jump to Page: 1 2 3 4 Instrument Book- Date Filed Document Type Grantor Grantee Legal Description Number Page (+) = More Names (+) = More Names 2004008003 4199 - 02/18/2004 RERECORDED C GOLDEN ROAD P TURNER BRIAN R LOT 29 WINDS RIDGE SEC 280 DEED GROUP LLC 1 $230.00 2004009714 4211 - 02/27/2004 DEED C GOLDEN ROAD P BURKHART STACEY J LOT 15 WINDS RIDGE SEC 215 GROUP LLC 1 $239.00 2004010249 4215 - 03/01/2004 DEED C GOLDEN ROAD P MAHER EDWARD L LOT 12 WINDS RIDGE SEC 612 GROUP LLC 1 $230.00 2004011925 4227 - 03/10/2004 DEED C GOLDEN ROAD C BOSTIC BUILDING CROSSWINDS LT 345 SEC 472 GROUP LLC CORP 5 & LT 16R SEC 2 $180.00 2004011928 4227 - 03/10/2004 DEED C GOLDEN ROAD C MELVIN BUILDING INC CROSSWINDS LT 220 SEC 499 GROUP LLC 4 & LTS 317 318 SEC 5 $270.00 2004012388 4231 - 03/15/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD LOT 15 WINDS RIDGE SEC 43 RELEASE GROUP LLC GROUP LLC 1 2004012390 4231 - 03/15/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD LOT 12 WINDS RIDGE SEC 49 RELEASE GROUP LLC GROUP LLC 1 2004019364 4280 - 04/19/2004 DEED C GOLDEN ROAD P THEODORE BARBARA LOT 11 WINDS RIDGE SEC 879 GROUP LLC K MALONEY 1 $251.00 2004019524 4282 - 04119/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD LOT 238 WEDGEFIELD AT 290 RELEASE GROUP LLC GROUP LLC CROSSWINDS SOUTH SEC 2 2004021091 4293 - 04/27/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD TR WINDS RIDGE DR 535 RELEASE GROUP LLC GROUP LLC AREA Jump to Page: 1 2 3 4 For issues with this software, please check the FAQ. Internet Public Access Module Version 3.1 Copyright 2001, 2002 Hart InterCivic, Inc. All Rights Reserved. New Hanover County Web Access Page 1 of 1 New Hanover �:unt Register of Deeds Rebeva T. Christie, Registrar Official P�ic Records :'art-h Xwna It Menu • Mew Search • Prefs Weld Criteria: Grantor Begins with GOLDEN ROAD GROUP LLC Filed between 01101/2004, 08/21/2004 Search Results - 38 matches Displaying Records 21 to 30 Jump to Page: 1 2 .3 4 Instrument Book- Date Filed Document Grantor Grantee Legal Description Number Page Type (+) = More Names (+) = More Names 2004023333 4310 - 05/06/2004 DEED C GOLDEN ROAD P NGUYEN LAN K LOT 21 WINDS RIDGE 284 GROUP LLC SEC 1 $221.00 2004023986 4314 - 05/10/2004 DEED C GOLDEN ROAD P TERRELL VIVIAN M LOT 14 WINDS RIDGE 746 GROUP LLC SEC 1 $225,00 2004024223 4316 - 05/11/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD GROUP LLC CROSSWINDS LT 220 380 RELEASE GROUP LLC SEC 4 & LTS 317 318 345 SEC 5 & 16R SEC 2 2004024506 4318 - 05/12/2004 DEED C GOLDEN ROAD P FIELDS ROBERT M LOT 17 WINDS RIDGE 180 GROUP LLC SEC 1 $235.00 2004026996 4336 - 05/25/2004 DEED OF C GOLDEN ROAD C TIME WARNER RE MAP BK 43 PG 217 975 EASEMENT GROUP LLC ENTERTAINMENT ADVANCE NEWHOUSE PARTNERSHIP 2004031219 4366 - 06/14/2004 DEED C GOLDEN ROAD P NAREY SUZANNE E LOT 9 WINDS RIDGE 129 GROUP LLC SEC 1 $224.00 2004031608 4368 - 06/15/2004 DEED C GOLDEN ROAD P WATSON TRICIA A LOT 13 WINDS RIDGE 888 GROUP LLC SEC 1 2004031930 4371 - 06/16/2004 DEED C GOLDEN ROAD P MURPHY ELAINE A LOT 7 WINDS RIDGE 97 GROUP LLC SEC ONE $237.00 2004032750 4376 - 06/21/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD GROUP LLC LOT 17 WINDS RIDGE 434 RELEASE GROUP LLC SEC 1 2004032751 4376 - 06/21/2004 DEED OF C GOLDEN ROAD C GOLDEN ROAD GROUP LLC LOT 14 WINDS RIDGE 437 RELEASE GROUP LLC SEC 1 Jump to Page: 1 2 3 4 For issues with this software, please check the FAQ( . Internet Public Access Module Version 3.1 Copyright 2001, 2002 Hark InterCivir:, Inc, All Rights Reserved. New Hanover County Web Access Page 1 of 1 New Hanover Cunt Reg.iter of Creeds Rebee" R. Christ€m, Registrar Official Public Records Seurch a t'xzf/A ;;menu • Mew Search • Preps • Helu Criteria: Grantor Begins with GOLDEN ROAD GROUP LLC Filed between 01101/2004, 08/21/2004 Search Results - 38 matches Displaying Records 31 to 38 Jump to Page: 1 2 3 4 Instrument Book- Date Filed Document Grantor Grantee Legal Description I Number Page Type (+) = More Names (+) = More Names 2004033429 4380 - 06/24/2004 DEED C GOLDEN ROAD P KELLY BRADLEY J LOT 16 WINDS RIDGE 1 623 GROUP LLC SEC 1 $237.00 2004033929 4384 - 06/25/2004 DEED C GOLDEN ROAD P COMBS STEVE L LOT 10 WINDS RIDGE 1 491 GROUP LLC SEC 1 $229 2004035205 4394- 07/01/2004 DEED C GOLDEN ROAD P IKEN HASSAN LOT WINDS RIDGE 1 570 GROUP LLC SEC ONE $237.00 2004036496 4402 - 07/09/2004 DEED C GOLDEN ROAD P HILL H J LOT 3 WINDS RIDGE 1 971 GROUP LLC SEC 1 $238 2004037437 4408 - 07/15/2004 DEED C GOLDEN ROAD P GOLDMAN JEFFREY S LOT 5 WINDS RIDGE 1 424 GROUP LLC SEC 1 $225 2004039334 4421 - 07/23/2004 DEED C GOLDEN ROAD P DAWKINS DONNA B LOT 2 WINDS RIDGE 1 77 GROUP LLC SEC 1 $230.00 2004041105 4434 - 08/02/2004 DEED C GOLDEN ROAD P GENNARO GREGORY C LOT 6 WINDS RIDGE 1 600 GROUP LLC SEC 1 $224.00 2004041859 4438 - 08/04/2004 DEED C GOLDEN ROAD C BFJ PROPERTIES LOT 1 TEN MILE POST 1 946 GROUP LLC PARTNERSHIP DIV $400.00 Jump to Page: 1 2 3 4 For issues with this software, please check the FAQ. Internet Public Access Module Version 3.1 Copyright 2001, 2002 Hart InterCivic, Inc. All Rights Reserved. 4645 Crosswinds Dr. Wilmington, NC 25409 December 12, 2003 Attorney Mary Penny Thompson NC Dept. of Justice P.O. Box 629 Raleigh, NC 27602-0629 Dear Ms. Thompson: As the attorney assigned to our case in the sub -division of Crosswinds, located in New Hanover County, we are looking to you to bring relief to the homeowners in our neighborhood. Stormwater violations continue to exist in our neighborhood which is causing decreased home values, not to mention the continued aggravation of flooded streets, yards and garages at the first sign of heavy or lengthy rains. Our particular yard retains water as high as 4-5 feet into the front yard. Every time this happens, motorists are reluctant to drive through the high water, so they drive around the water by coming up through our front yard. However, our problem is insignificant compared to others who are either stranded in their own garages or cannot get home due to flooded streets. Other neighbors have experienced repeated flooding in their homes and garages. Many of our flooding problems would be dramatically reduced if violations by the developer concerning the ponds and associated infrastructure were corrected. These violations are responsible for property damage, environmental damage and are significant concerns of the health and welfare of the residents. Please assist us. Respectfully yours, Wes and Jeanne Scott cc: Senator Patrick Ballantine Attorney General Roy A. Cooper III Governor Michael F. Easley Mr. Wade Harris Rep. Daniel F. McComas Mr. Rick Shiver Mr. Wade Harris CROSSWINDS HOMEOWNERS ASSOCIATION 5901 Headsail Court... Wilmington, NC 28409 Nov. 9, 2003 Attorney Mary Penny Thompson NC Dept. of Justice P.O..Box 629 Raleigh, NC 27602-0629 Dear Ms. Thompson, I am President of the Crosswinds Homeowners Association comprised of 250 families. Our association has worked with Rick Shiver from the local DENR office for several years trying to correct the problems associated with our stormwater system. The retention ponds located in our development and the adjoining Wedgefield development are in violation of state regulation pond permits. As a result, DENR has issued violations against the developer. Mr. Shiver has tried several times to get the developer to correct the problems and having failed to do so, he now believes that your office needs to seek injunctive relief on behalf of the homeowners. It is our understanding that your office desires that we obtain the services of an attorney. We have done this. The attorney's name is John Newton of Clark, Newton, Evans and Craige located at 509 Princess Street, Wilmington, NC 28401; Tel # (910) 762-8743. We indicated to your predecessor that in order to effectively pursue this case the state would probably need to engage the services of an engineer. Mr. Everette Knight of the Rose Group has done such work for the state and is familiar with our development. He is located at 621-101 Hutton Street, Raleigh, NC 27606; Tel # (919) 929-0555. The situation we have faced continues to worsen with homes corning close to irreparable damage. Families are periodically prevented from leaving their homes and we can assume that one day during an emergency lives could be in jeopardy. We desperately need your help. As you can see from the attached letter written by our drainage committee chairman we are just asking for the state's regulations to be followed. We stand ready to assist you. Please assist us. Respectfully yours, cc: Senator Patrick Ballantine ,• Mr. Viment Calcagno Attorney General Roy A. Cooper III Governor Mile Fasley Mr. Everette Knight Rep. Daniel F. McComas Wade Harris, President Mr. John Newton Crosswinds HOA Mr. Rick Shiver CROSSWINDS HOMEOWNERS ASSOCIATION 5908 Downrigger Drive Wilmington, NC 28409 September 20, 2002 Mr. Rick Shiver State of North Carolina Dept. of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Shiver, As you know, the Crosswinds HOA has been involved with NC DENR in a process to resolve specific stormwater problems in the developments of Crosswinds, Wedgefield, and Masonboro Village, all of which share a common stormwater system. The purpose of this letter is to summarize those issues raised by homeowners that relate to water quality and the detention ponds which DENR has responsibility for. The Crosswinds HOA realizes that issues that are strictly related to drainage and flooding need to be addressed to either the N.H. County Engineering Department or the NC DOT. In broad terms, the HOA understands that: (1) State DENR regulations do NOT require that detention ponds be designed to prevent flooding. The state only requires that the detention ponds have storage for the first 1 inch of rainwater runoff. (2) DENR is NOT responsible for downstream obstructions that are part of any drainage problems. The Crosswinds HOA is working with the N.H County Engineering department and downstream neighbors on this issue. (3) DENR is NOT responsible for assuring the proper conveyance of stormwater throughout the developments. The Crosswinds HOA agrees that it should work with the NH County Engineering department on this issue. HOWEVER, the HOA understands that: (1) DENR is responsible for assuring, with the pond permit holder (B&D signatory), that offshe water entering the "rear" (eastern) Crosswinds ponds, is properly treated. This offshe water was not used in the original calculations for the ponds and thus is in obvious violation of the permit. (2) DENR is responsible for assuring, with the pond permit holder, that proper and adequate connection between the two rear ponds exists. (3) DENR is responsible for assuring that the "front" (western) Wedgefield pond is functional for water quality purposes. Recent discussions with Wyatt Blanchard and with Dan Dawson, who conducted a county sponsored study, indicates that contrary to an opinion that may be held by DENR, there was no conclusion that the pond is functional for water quality and only nonfunctional for drainage. Additional state investigation seems warranted, especially since the county sponsored study was not set up to address the stormwater plan within the development itself. Had it done so, the interconnection of the front and rear ponds, which are in different stormwater basins, would presumably show additional stress to the rear ponds. This obviously makes matters worse than predevelopment plans indicate. Finally, given the available elevation data, it is also conceivable that water may be entering the developments from the South College Road state DOT ditches. (4) DENR is responsible for assuring that the "as built' size of the front pond corresponds to the permitted size, which at present, does not appear to be the case. However, if the front pond cannot be made functional, increasing the size will be useless, and another solution is required. (5) DENR is responsible for addressing the issue of whether adequate pond storage capacity for the first inch of rainfall exist. Past state measurements have indicated a potential deficiency. (6) DENR is responsible for assuring that the retention pond outlet structures are adequate and conform to state standards. Given all of the issues above, it would seem that resolution of the Crosswinds can no longer be treated by the state as a low priority problem which can be fixed by minor modifications. Yours truly, Al Barone, Chairman, Crosswinds HOA Drainage Committee cc: Mr. Wyatt Blanchard Mr. Robert Daughtery Ms. Vicki Daughtery Mr. Dan Dawson Mr. Wade Harris Ms. Jill Hickey Ms. Linda Lewis Michael F. Easley, Govemor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality MAY 2 8 2003N MEMORANDUMde t; TO: Mr. Jim Gulick, Esq. Attorney General's Office FROM: Alan Klimek SUBJECT: Request for Injunctive Relief B&D Development Crosswinds Subdivision State Stormwater Permits SW8 930710 & SW8 921115 New Hanover County Attached please find a set of documents that describe ongoing problems associated with the subject subdivision's permitted stormwater detention ponds. Investigation by the Wilmington Regional Office has revealed that the ponds were not constructed in accordance with their approved plans and specifications. In addition, the permit holder has failed to provide adequate maintenance for the ponds since their construction. Furthermore, one pond receives a significant volume of flow from a site outside of the subdivision — flow that was not accounted for in the original design. Lastly, whereas the original plans called for stormwater within the subdivision to drain to the two constructed ponds, dye studies show that almost 100% of the runoff goes to just one pond (the same one receiving the offsite flow). The most serious consequence of these problems is that during and after heavy rain events, the pond floods to the extent that adjoining properties are threatened, if not damaged. The Wilmington Regional Office has taken various steps to address the problems: it has issued Notices of Violation to the developer; conducted meetings/discussions with all parties involved; and coordinated with the City of Wilmington to provide improved drainage in the area. Regional staff have also coordinated with New Hanover County to halt the issuance of building permits for lots adjacent to the pond until the flooding problems are resolved. Unfortunately, even after all of this effort, the core problem persists — flooding still occurs and by now the affected homeowners are getting very impatient. Their complaints are given not only to regulators, but also to local and statewide elected officials. This matter has from the start presented difficulties that have placed it just outside of the Division's administrative reach and kept the Division from taking straightforward enforcement action. Issues such as permit responsibility (developer v. homeowners association), whether homeowners had made changes that compromised the pond's performance, and responsibility and resolution of the offsite flow to the pond are beyond the immediate scope of the permit and have made it difficult for the Division to effectively address the flooding problem. Nevertheless, the Division has proceeded, in all instances holding the developer, who is the permittee of record, responsible. Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1 800 623-7748 (919) 733-7015 Fax: (919) 733-9612 To date, all the Division's efforts have led to no tangible improvement of the pond. In view of the history of this matter and the very real threats to personal property and public health, we request the Attorney General's Office to take appropriate action on our behalf now, rather than later. Please review this case and initiate actions as appropriate, including but not limited to Injunctive Relief. Copies of relevant support information are attached to this memo. If you have any questions concerning the noted violations, you may contact Rick Shiver at the Wilmington Regional Office at (910) 395-3900. Likewise, please inform Mr. Shiver or Bob Sledge (733- 5083, x 547) of any documents you might require which reside in our files. Status reports on progress in the matter may be communicated through Mr. Sledge. Thank you for your cooperation. cc: Rick Shiver Bob Sledge Central Files SOIA+h side ouf/cf c��'". o-f MA-i c2m 7rp. i 4 c ;,I � � � � ice. • ! 4-11-03 Crvssw;ncls Pbii� a 4-//-03 Ceossw,;ic/.s Aot7rl ¢-I1-03 Crvsswo%nls Oct&l 1.7I f oAloh"e-24 I r2J.I Ncr�h 5���. 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\1VIEMOS\930710.APR03 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Wilmington Regional Office March 31, 2003 Mr. William K. Trask Airport Industrial Center 2725 Old Wrightsboro Road, Bldg. 6, Unit A Wilmington, NC 28405 Subject: PROPOSAL TO RESOLVE STORMWATER ISSUES Crosswinds Subdivision Stormwater Project No. SW8 930710 New Hanover County Dear Mr. Trask: Thank you for meeting with me at the Crosswinds pond on March 18, 2003, to discuss the possibility of providing additional pond surface area to resolve the continuing violation at Crosswinds. The violation concerns the unaccounted offsite runoff from the Roseman Trailer Park and Hidden Valley subdivision. At this time, the Division is interested in proceeding with your proposal. However, release of the lots for construction cannot occur until Mr. Thompson agrees to this proposal as well. If all parties accept this proposal, it's envisioned that it would be embodied in a consent agreement, which then would allow us to ask the County to release the lots in question. You currently own Lots 304, 305 and 337, and Mr. Thompson owns Lots 337A, 338 and 339, all of which border the rear pond. The proposal, as I understand it, is to remove sufficient area from the backs of Lots 304, 305, 337, 338, and 339, and to give up Lot 337A entirely. This will supposedly provide at least 0.5 acres of additional pond surface area so that the total pond surface area is 1.9 acres as was permitted in 1993. This will leave the area of Lots 304, 305, 337, 338 and 339 smaller, but still large enough to be developed. Additional conditions placed upon Mr. Thompson as part of this proposal by the Division will be to verify the presence of a 30" connector pipe under Crosswinds Drive which you indicated is under the road, but hidden from view. This pipe equalizes the pond level in the two ponds; and to provide the necessary maintenance work on the pond approved under SW8 921115 to bring it into compliance. The 30" connector pipe for the 930710 pond (hereafter referred to as the rear pond) is not shown on either the as -built survey provided by Hanover Design Services in April, 2001, or on the plans approved by the Division in 1993. If this pipe exists, it must be surveyed and cleaned out. If this pipe does not exist, it must either be installed low enough to provide the necessary flow between the ponds, or the existing 15" PCP under the road must be enlarged and lowered to the permitted invert. The 15" PCP is currently out of compliance because it is approximately 4.5 feet above the invert shown on the approved plan. __ `icICI K,-, N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (010) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 Mr. Trask March 31, 2003 Stormwater Project No. SW8 930710 The pond permitted under SW8 921115 (hereafter referred to as the front pond) has not been maintained over the years and the lack of a vigorous vegetated cover has caused the slopes to erode into the pond, the surface area to be reduced by about 3,000 ft2, the design depth to be reduced; and the outlet structure to fall into disrepair. Additionally, the Division conducted a dye test during a 1" design storm event at the existing catch basins in Windjammer Drive, where it crosses the property line into Section II. The test indicated that the water flow in this area is toward the rear pond system, not into the front pond as permitted. The repair of the front pond and the re -direction of the water may help reduce the flooding in the rear pond. The County has cleaned out and lowered the pond's outlet ditch from the 48" CMP under Mohican Trail to Cherokee Trail. The inlet end of that pipe is currently lower than the outlet end by about 9". The NCDOT has been contacted regarding relaying and lowering the 48" pipe under Mohican Trail so that the pipe flows correctly. These changes should significantly improve the outflow from the pond which should reduce the possibility of flooding and allow the required 1" storage volume to escape the pond within 2-5 days after a storm event, as permitted. The Homeowner's Association has agreed to investigate and correct the changes made to the interior drainage by the individual homeowners. The Division considers this proposal to be a good start in resolving the ongoing situation at Crosswinds because it will add needed surface area to the rear pond and will provide for the development of 5 .of the 6 lots that back up to the rear pond. The 6 lots in question must be re -recorded showing their new area and the pond's new area. A minimum of 0.5 acres of new surface area must be provided. Work to dig out the new surface area of the rear pond must be initiated within 30 days of the date the proposal is accepted by Mr. Thompson. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORMWAT\LETTERS\930710.MAR03 cc: Larry Sneeden, P.E. Clay Collier, Esq. Dick Thompson Wyatt Blanchard, P.E., New Hanover County Engineer Tony Roberts, New Hanover County Building Inspections Linda Lewis PROPOSAL FOR CROSSWINDS The following items should be included in a consent agreement: a. Provide a minimum of 0.5 acres of additional rear pond surface area for the pond permitted under SW8 930710. In combination with reductions on Lots 304, 305 and 337 owned and agreed to by William Trask, I will reduce the property area of Lots 338 and 339, and completely give Lot 337A over to create the necessary 0.5 acres of additional pond area. b. Re-record Lots 337A, 338 and 339 to show the new property lines due to the taking of area to provide additional surface area for the rear pond to meet the 1.9 acres permitted. C. Provide an equalizer pipe under Crosswinds Drive, as permitted. If an equalizer pipe has been provided, it will be located and cleaned out. d. The pond permitted under SW8 921115, the front pond, and it's collection system, will be cleaned out and runoff from the permitted drainage area will be made to flow into the front pond, vegetation will be established, the outlet structure will be repaired, and the permitted surface area of 13,000 ft2 will be provided at the permanent pool elevation. e. The rear pond and it's outlet structure will be inspected for compliance with the permitted elevations and orifice size, and any necessary changes to these items will be completed. f. Within 30 days of signing this agreement, the work will commence, to be completed within 120 days. Signed: Date Dick Thompson * COMMUNICATION RESULT REPORT ( FEB.17.2003 10:25AM ) P. 1 FILE MODE OPTION 696 MEMORY TX REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER I i r �C TTI NCDENR WIRO ADDRESS (CROUP) RESULT PAGE ----------------------- --------- ------------ 97967051 OKP. 2/2 E-2) BUSY E-4) NO FACSIMILE CONNECTION Michael E. Easley, Governor I William G. Ross, Jr., Secretary North Carolina! Department of Environment and Natural Resources Non W. Klimek P E„ Director Di�islon oil Water Quality I Wilmington Regional Office I' FAX Date: February 179 103 To: Wyatt '4� P.T., County Company: New H uover County En FAX r� p �•y �uli FAX #: /99-I0.1.1 DWQ Stormwater Prooject Number: SW8 Project Name: IProsswinds MESSAGE: I I Bear Wyatt: 1 SHEET No. of Pages: 2 From: Linda Lewis4--z Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 91.0-395-3900 Y spoke with. Joe Justus (sp?) at NCDOT Maintenance this morning regarding reversing the grade on that 49" pipe under Mohican Trail} He said he had looked at it already at the request of the propex ty owner ivho is getting Booded. T e also sAid that after the ditch is eleaned out 4nd. deepened, DOT would go out and at least looklat the situation an4 maybe lower and reverse the �0F ud A T�q ,�O G t— > y fl `C Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources FAX COVER SHEET Date: February 17, 2003 To: Wyatt Blanchard, P.E., County Engineer Company: New Hanover County Engineering FAX #: 798-7051 DWQ Stormwater Project Number: SW8 930710 Project Name: Crosswinds MESSAGE: Dear Wyatt: Alan W. Klimek, P.E., Director Division of Water Quality Wilmington Regional Office No. of Pages: 2 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 I spoke with Joe Justus (sp?) at NCDOT Maintenance this morning regarding reversing the grade on that 48" pipe under Mohican Trail. He said he had looked at it already at the request of the property owner who is getting flooded. He also said that after the ditch is cleaned out and deepened, DOT would go out and at least look at the situation and maybe lower and reverse the grade on the pipe. He was not aware that there was that much difference in the inverts. I have enclosed your previous sketch of the area and I have noted suggested proposed elevations. Of course, feel free to make any changes- I am trying to get the ditch as deep as possible (i.e., minimum grade) from the 48" under Cherokee Trail all the way up to the outlet pipe at the Crosswinds pond. Mr. Justus can be reached at 341-0500. Hopefully, you will be able to secure prison labor in the near future to clean out and deepen the ditches. Thanks for all your efforts to help the residents of Crosswinds. S:\WQS\STORMWAT\ADDINFO\2003\930710.FEB03 q , NL ENI N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 DIVISION OF WATER QUALITY MEMORANDUM Date: January 7, 2003 To: Linda Lewis From: Jim Bushard?//D Subject: Crosswindstormwater Pond Meeting New Hanover County The writer and Rick Shiver met with Wyatt Blanchard and Jeremiah May of New Hanover County and Ed Blocker of 209 Mohican Trail on January 3, 2003. Mr. Blocker was concerned about flooding on his property, located next to the stormwater pond. A pictorial showing the location of the Stormwater pond is enclosed. The Stormwater pond level was at the emergency overflow elevation during the site visit. Mr. Blocker also indicated that the pond is approximately 5 deep in the middle. Mr. Shiver recommended that pond depth soundings be performed. National Weather Service records for the Wilmington area are enclosed and reveal that 0.82 inches of rainfall occurred two days prior to the inspection. Mr. May indicated that the emergency overflow grate contained debris, which he removed. The pond effluent pipe was submerged within effluent ditch. The effluent ditch contained debris near the pond effluent pipe and displayed a very slight grade downward to the Mohican Trail culvert. Downgradient from the culvert, drainage grade appeared adequate, but some debris existed. The County representatives reported that they have had success getting each resident located next to the drainage ditch to remove debris from the ditch. There are no drainage easements for the drainage ditch, which prevents mechanized cleaning for many areas of along the ditch. Mr. Blanchard indicated that he would check the elevation of the pond outlet structure to the invert elevation of the Mohican Trail culvert. In addition, he asked that DWQ assist the County with their request to the COE for deepening the drainage ditch. Mr. Blocker's property appeared to be located on soil which exhibits a high water table. 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V I http://www.erh.noaa.gov/ihn/climate/ilm/2003/LCDJAN PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F-6) STATION: MONTH: YEAR: LATITUDE: LONGITUDE: WILMINGTON JANUARY 2003 34 16 N 77 55 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK WND 1 2 3 4 "5 6A 6B --------------------------------------------------- 7 8 9 10 11 12 13 14 15 16 17 18 AVG MX 2MIN DY MAX MIN AVG DEP HDD CDD WTR SNW DPTH SPD SPD DIR MIN PSBL S-S WX SPD DR 1 69 54 62 15 3 0 0.83 0.0 0 10.2 20 240 200 34 6 1 25 170 2 63 49 56 9 9 0 0.00 0.0 0 8.0 17 190 448 75 3 20 190 3 62 45 54 8 11 0 0.07 0.0 0 8.6 22 300 263 44 7 1 25 320 4 48 30 39 -7 26 0 0.00 0.0 0 8.4 18 290 597 100 2 12 23 290 5 57 27 42 -4 23 0 0.00 0.0 0 4.5 17 220 598 100 0 1 22 210 6 58 39 49 3 16 0 0.00 0.0 0 9.4 25 320 362 61 4 33 320 SM 357 244 88 0 ----------------------------------------------------- 0.90 0.0 49.1 2468 22 AV 59.5 40.7 8.2 FASTST PSBL % 4 MAX(MPH) MISC ----> 25 320 33 320 NOTES: --------------------------------------------------- # LAST OF SEVERAL OCCURRENCES COLUMN 17 PEAK WIND IN M.P.H. PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F-6) , PAGE 2 STATION: WILMINGTON MONTH: JANUARY YEAR: 2003 LATITUDE: 34 16 N LONGITUDE: 77 55 W [TEMPERATURE DATA] [PRECIPITATION DATA] SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 50.1 TOTAL FOR MONTH: 0.90 1 = FOG DPTR FM NORMAL: 3.8 DPTR FM NORMAL: 0.06 2 = FOG REDUCING VISIBILITY HIGHEST: 69 ON 1 GRTST 24HR 0.83 ON 1- 1 TO 1/4 MILE OR LESS LOWEST: 27 ON 5 3 = THUNDER SNOW, ICE PELLETS, HAIL 4 = ICE PELLETS TOTAL MONTH: 0.0 INCH 5 = HAIL GRTST 24HR 0.0 6 = GLAZE OR RIME GRTST DEPTH: 0 7 = BLOWING DUST OR SAND: VSBY 1/2 MILE OR LESS 8 = SMOKE OR HAZE [NO. OF DAYS WITH] [WEATHER - DAYS WITH] 9 = BLOWING SNOW X = TORNADO MAX 32 OR BELOW: 0 0.01 INCH OR MORE: 2 MAX 90 OR ABOVE: 0 0.10 INCH OR MORE: 1 MIN 32 OR BELOW: 2 0.50 INCH OR MORE: 1 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: 0 [HDD (BASE 65) ] TOTAL THIS MO. 88 CLEAR (SCALE 0-3) 3 DPTR FM NORMAL -32 PTCLDY (SCALE 4-7) 3 SEASONAL TOTAL 1098 CLOUDY (SCALE 8-10) 0 DPTR FM NORMAL 98 1 of 2 1/7/2003 1:31 PM http://www.erh.noaa.gov/ihn/chmate/ilm/2002/LCDDEC ZCZC ILMLCDDEC ALL TTAA00 KRDU DDHHMM PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F-6) STATION: MONTH: YEAR: LATITUDE: LONGITUDE WILMINGTON DECEMBER 2002 34 16 N 77 55 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK WND 1 2 3 4 5 6A 6B -------------------------------------------------- 7 8 9 10 11 12 13 14 15 16 17 18 AVG MX 2MIN DY MAX MIN AVG DEP HDD CDD WTR SNW DPTH SPD SPD DIR MIN PSBL S-S WX SPD DR 1 49 27 38 -14 27 0 0.00 0.0 0 7.4 20 310 602 100 0 24 320 2 57 25 41 -11 24 0 0.00 0.0 0 4.2 14 210 482 80 0 18 210 3 57 33 45 -7 20 0 0.00 0.0 0 9.7 18 20 564 94 0 23 360 4 40 29 35 -17 30 0 0.10 0.0 0 12.1 17 10 29 5 6 16 21 20 5 41 33 37 -14 28 0 0.16 0.0 0 10.2 18 310 8 1 9 18 23 300 6 47 28 38 -13 27 0 0.00 0.0 0 8.2 16 360 554 93 3 18 21 360 7 50 24 37 -14 28 0 0.00 0.0 0 2.4 9 350 562 94 0 1 12 360 8 56 26 41 -9 24 0 0.00 0.0 0 1.8 9 250 404 68 0 1 10 240 9 48 37 43 -7 22 0 0.00 0.0 0 10.2 18 30 161 27 3 21 30 10 48 38 43 -7 22 0 0.69 0.0 0 9.9 16 360 0 0 10 1 23 360 11 49 43 46 -4 19 0 T 0.0 0 9.0 18 280 0 0 10 1 22 260 12 56 41 49 0 16 0 0.00 0.0 0 2.5 9 260 363 61 4 1 10 50 13 66 47 57 8 8 0 0.59 0.0 0 12.0 31 260 0 0 8 1 39 260 14 55 44 50 1 15 0 0.00 0.0 0 15.3 25 260 532 90 1 31 250 15 55 33 44 -5 21 0 0.00 0.0 0 7.8 17 300 593 100 0 21 290 16 64 38 51 2 14 0 0.00 0.0 0 7.2 15 20 593 100 0 20 20 17 53 33 43 -5 22 0 0.00 0.0 0 6.7 14 30 499 84 0 16 30 18 57 33 45 -3 20 0 0.00 0.0 0 8.4 14 30 261 44 6 16 50 19 70 45 58 10 7 0 0.23 0.0 0 6.9 17 160 133 22 9 1 24 170 20 68 47 58 10 7 0 0.16 0.0 0 16.6 30 220 240 41 6 1 41 220 21 57 38 48 0 17 0 0.00 0.0 0 9.0 18 270 592 100 0 22 270 22 65 40 53 5 12 0 0.00 0.0 0 11.0 24 250 560 95 0 30 260 23 64 38 51 4 14 0 0.00 0.0 0 3.7 13 250 555 94 0 1 17 240 24 51 37 44 -3 21 0 0.58 0.0 0 5.5 32 240 0 0 8 1 40 240 25 57 38 48 1 17 0 0.02 0.0 0 15.3 31 270 185 31 7 13 39 250 26 48 30 39 -8 26 0 0.00 0.0 0 8.2 18 320 465 78 0 23 320 27 50 26 38 -9 27 0 0.00 0.0 0 0.4 7 130 481 81 0 1 10 290 28 52 29 41 -6 24 0 0.00 0.0 0 5.0 14 320 559 94 0 16 320 29 65 36 51 4 14 0 0.00 0.0 0 4.6 14 250 594 100 0 16 230 30 70 32 51 4 14 0 0.00 0.0 0 4.5 15 210 449 76 0 1 18 210 31 66 47 57 10 8 0 T 0.0 0 5.1 15 150 0 0 3 21 170 SM 1731 1095 595 -------------------------------------------------------- 0 2.53 0.0 0 240.8 183.7(HRS) 93 AV 55.8 35.3 7.8 FASTST PSBL % 3 MAX(MPH) MISC ----> 32 240 60 41 220 NOTES: ---------------------------------------------------------- # LAST OF SEVERAL OCCURRENCES COLUMN 17 PEAK WIND IN M.P.H. PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F-6) r PACE 2 STATION: WILMINGTON MONTH: DECEMBER YEAR: 2002 1 of 2 1/7/2003 1:32 PM MEMORANDUM DIVISION OF WATER QUALITY TO: Jill Hickey, Attorney General's Office FROM: Linda Lewis DATE: December 16, 2002 PROJECT NAME: Crosswinds Subdivision Ponds PROJECT NO.: SW8 930710 and SW8 921115 COUNTY: New Hanover Jill: At this time, I have done some preliminary dye testing at Crosswinds and wanted to provide you with an interim report of those findings. The weather service indicated that approximately 1" of rain fell beginning around 5am on December 10, 2002, and stopping shortly after 3pm. Testing was conducted by myself and Jim Bushardt, P.E., between 1:30pm and 3:OOpm December 10, 2002, during moderate rain. Dye was introduced in the outlet ditch at the rear pond (930710), in the NC Highway 132 ditch at the outlet of the front pond (921115), and in the interior drainage ditch near the drainage area dividing line shown on the plan. See attached test location map. The dye introduced to the outlet ditch at the rear pond took approximately 1 hour to travel the 100' or so to the pipe under Mohican Trail. The water level in the pond was almost at the overflow elevation, which makes sense if almost 1" of rain had fallen. I do not know what the water level in the pond was before it began to rain. The outlet structure was covered with debris. The outlet pipe for the rear pond was completely submerged. The dye in the Highway 132 ditch at the front pond outlet dispersed quickly, flowing toward the south, under NC 132, and eventually into Mott Creek. Visual observation of this ditch by both myself and Jim showed two pipes through the berm which separates the front pond from the highway ditch. The lower pipe was discharging runoff from the pond into the ditch. The higher pipe had no discharge, and was located approximately 2' higher than the lower pipe. There was approximately 4"-6" of clearance from the bottom of the lower pipe to the water surface in the ditch. The dye placed into the interior ditch at the location of the drainage divide indicated that the runoff was draining towards the rear pond system. Visual observation of the flow in the interior ditch indicates that flow is collected by catch basins and pipes under Windjammer Drive (west of the dye point) and flows toward the rear pond system. The approved plans, however, show that flow in the collection system west of the divide line should be directed into the front pond. Based on this observation, it is my conclusion is that a majority of the runoff that is supposed to be directed into the front ponds is actually flowing to and entering the rear ponds, in conflict with both permits. As yet, I have been unable to locate any previous projects submitted by Larry Sneeden or Siteworks Design Group that involved offsite drainage. I will continue the search. On April 7, 1988, the Division issued a memo regarding "Interim Procedures" for the review of coastal stormwater projects. The procedures in that memo were in effect at the time the Crosswinds subdivision was originally permitted. Paragraph 6 of the memo clearly states "Land areas outside of the project boundary which drain to an infiltration or wet detention basin must be included in the calculations to determine the needed basin volume." A copy of "An Overview of Wet Detention Basin Design" (date unknown) was found in our office. It contains the following statements regarding offsite drainage: "...if the basin receives runoff from surfaces in addition to impervious surfaces, then the basin should be sized for the entire contributing area. Basins must be sized to account for any offsite drainage that flows into the reservoir."; and "...if the development has offsite drainage flowing onto the site, then the basin either should be sized for the entire contributing watershed or several basins should be located out of the streambed and sized for smaller drainage areas in the development." All of these statements should be sufficient evidence to prove that offsite drainage was supposed to be considered in the volume calculation for the Crosswinds pond Photos and pond depths will be provided later. I will have Beverly make you a copy of the entire Crosswinds files for both the front and rear pond. RSS/arl: S:\WQS\STORMWAT\MEMOS\930710.DECO2 (S�I�e des% L.�cafo�s I2-/v-2002- I: 30 m - 3•'ov p/, f. p ljo z� W.s. 4� 1 / 1 yy 1 I I cp \ r I t.; � G D / U:r Image rooxw-,o ptxess nttp l v"N- .smeuic:st.co7v w catier:.�tt: ges...;c:t;yrecspnatton;gtt;precipitationgu 1 of 1 12/11/2002 2.49 PM P. 1 COMMUNICATION RESULT REPORT ( DEC.16.2882 12:25PM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE --------------------------------------------------------- ------------------------------------- 367 MEMORY TX 8-91971GG767 OK P. 2/2 ---------------------------------------------------------------------------------------------------- REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION I MEMORANDUM DIVISION OF WATER QUALITY TO: rill Hickey, Attorney General's Office FROM: Linda Lewis DATE: December 16, 2002 PROJECT NAME: Crosswinds Subdivision Ponds PROJECT NO.: Sys$ 930710 and S'WS 921115 COUNTY: New Hanover Jill: At this time, I have do ie some prelurunary dye testing at Crosswinds and watited to provide you with an interim report f those findings. The weather service indicated that approximately 111 of rain fell begmng arc oid Sam on December 10, 2002, and stopping shortly air 3p= Testing was conducted by m if and rim Eudmrdt, P,F,, between 1:30pm and 3:00pm December 10, 2002, during moderat4 rain. Dye was intzrodu-=4 in t,.be outlet ditch W. the rear pond (930710), in the NC ffighway 132 4itch at the outlet of the front Mond (921115). and in the interior drairia.a, Crosswinds Homeowners Association 5901 Headsail Court Wilmington, NC 28409-8906 Wade Harris Assomadon PYesidaft December 9, 2002 Roy A. Cooper, III Attorney General NC Department of Justice PO Box 629 Raleigh, NC 27602-0629 Dear Mr. Cooper, 2002 i * §.r Our Association has gratefully noted efforts by the Wilmington office of NC DENR to address the water quality issues of Crosswinds, Wedgefield and Masonboro Village with the issuance of the NOV dated November 6, 2002. However, the developer of Crosswinds has repeatedly ignored past requests to correct storm water violations from the Wilmington Office, which has included issuance of other NOV's. Since the DENR lacks strong enforcement tools, as Rick Shiver admitted at our annual meeting, we feel it is important that your office become more involved. I have already sent photographs showing examples of the flooding during an above average rain event experienced by our residents in a letter dated October 20, 2002. As you can see in the photographs provided, flooding extends underneath the foundation of this home, while out front; you cannot determine where the boundaries are for the lot. The resident shown has had to renew his termite bond each time this happens and has had to replace his heat pump once or twice. Heavy rain events have resulted in property damage including the loss of heat pumps, irrigation equipment, automotive damage, and other monetary losses due to flooding. I have enclosed signed petitions from residents of Crosswinds requesting relief from your Office. The residents of Crosswinds hope your office and DENR would resolve this problem expediently as you did in the matter of the Beacon Woods NOV. Again, it is most important that this matter be resolved, not prolonged. P 4H.S attachments cc: Senator Patrick Ballantine Ms. Jill Hickey, w/o attachments Representative Daniel F. McComas Rick Shiiver, "J'Jilmington DENR PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. Name Address 3. jet rn e S L.g,vi' s Y G (/ r.r. ce'.. __,y V/_ PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. Name Address 8. 9. 10. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. Name Address r� c,��ds a21 Off- 3. 4. 5. 6. 7. 8. 9. 10. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offshe water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. 01 7. U r - �A 6� ssu:►��s PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. Name Address S5a'tJ 2. 3. 4. 5. 6. 7. 8. 9. 10. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. 4. �� � n -V e t, - N � _., A PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its Iegal staff to address the multiple state water quality violations that exist for the Crosswinds storrnwater systern. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. A/a . ANC PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. 9. 6ov 8 6,/aid 1 �' 10. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taker' as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. Name Address 1. - 8- 543(P tour% A _ 5 4. me Gn D_1-+ Oul; I C1onA lb 9. 10. C ��4d , N z 1 L 2e -D P wc�q PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. Name Address l S aa� C11 eoSS�� Y w PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. 4. 5. 6. 7. 8. 9. 10. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you. do not allow these violations to continue without taking action. Name Address 9 r �- ic- 9?*9, 2 Y�, zlq-3109 PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you. do not allow these violations to continue without taking action. 3.,��' t �— ` i t� i"2,; . tln , t•c) ..� Ww �-. au"Z z y a 6. r r g. � J �Ll �: �, ram .�; ' o�� , I �v, �� � l to 47Z�5 PUSH w&- l p . l�� , �, C. dW4 61 PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds storm. water system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. r-2eavg2o � 40�L'o- j PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. 9. 10. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. L /�/�i i .�� f r. W/ � WAMRW �- eL Z �Wv, -4 L / E .� L"� l 10. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswirds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring. this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. Name Address .5' &&'L: C' , Sgql PETITION TO NC STATE ATTORNEY GENERAI. We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned. implore you, do not allow these violations to continue without taking action. �9'102. GuVv 5. 6. 7. 8. 9. 10. w d V-nL'AY) 440 V7 �� a%Lz� PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has. made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health. welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. oY. 10. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. 4/?05--froe,41-'5 3.Ll 4. 6. 8. 9. 10. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offshe water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. 8. �J-, (A PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. 4 s o n� to 010 �o 8. 9. 10. ze,dAl� U. lv a-vu,W6-wi'vc ei�F�I � L � M,n zz,461 re -,A- Z:� . C,.., , �, . W -C. PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. 3. (! rD-SGUir.�//1 fir, / .1i/ 1 hr,: ,Nlep y Witd �6 �ii )IX_ 6J1 [,17 dV C, 2.tff o) 06 ---DC>VJN A0feg—U VJ 1 LkorJ;%&J Uc Z00 7 otlG J')609 'Ve n `r,09' PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. Name Address A-,'- N# awX"t .2,c PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. Name Address s l . 1,X ChLw G'A 1 i\-k0-� 11-7,11 G�J.� 1, - A,,' f� L/Al A)(� (/*flo PZ PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. Name Address Al%c� 50d5 CAD 5 S tc) r c1s 1)C' . o"Z q-�)q NUJ f 55 PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Association, hereby petition the North Carolina Attorney General and its legal staff to address the multiple state water quality violations that exist for the Crosswinds stormwater system. Given that the local NC DENR agency has issued violations to the pond permit holder and has made the AG's office aware of these violations we request that the Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action by the AG's office was relatively swift. In contrast, there does not appear to have been any action taken as a result of the numerous violations in Crosswinds. This is surprising, given the many issues that exist, such as the offsite water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other documented items. Our health, welfare, and'protect-ion from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you, do not allow these violations to continue without taking action. a PETITION TO NC STATE ATTORNEY GENERAL We, the residents and members of the Crosswinds Homeowners Assoc4ation, hereby petition 'thc: North Carolina Attorney General and its legal stafT'to address the multiple state water quality violations that exist for the Crosswinds stormwater system:. Given that the local NC DENR agency has issued violations to the pond- perrnit holder and has made the AG's'office aware of these violations we request that. the`Attorney General take immediate action to bring this matter to a just resolution. Many homeowners have notedtthat when the Beacon Woods developer was: found to be in violation of his p"d permit, action. by the AG's office was relatively swift.:In coritrast, there does not appear. to have been any action taken as a result of the numerous'violations in Crosswinds. This is surprising, given the many issues that exist, such as the off site water entering the rear ponds, the county findings regarding the nonfunctional front pond,, and other documented items. W " rR Our health, welfare, and protection from environmental harm is dependent on the Attorney General's action. Please, we, the undersigned, implore you. do not allow. these ,violations: to continue without taking action. z7. MaJ4 \br- � Wt tm� October 22, 2002 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 V41r. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous .and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, Senator Patrick Ballantine 1127 Legislative Building Raleigh, NC 27601-2808 Attorney General Roy A. Cooper III NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Wade Harris Crosswinds HOA 5901 Headsail Ct. Wilmington, NC 28409 Rep. Daniel F. McComas P.O. Box 2274 Wilmington, NC 28401 October 22, 2002 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, cc: Senator Patrick Ballantine 1127 Legislative Building Raleigh, ITC 27601-2808 Attorney General Roy A. Cooper III NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Wade Harris Crosswinds HOA 5901 Headsail Ct. Wilmington, NC 28409 Rep. Daniel F. McComas P.O. Box 2274 Wilmington, NC 28401 October 22, 2002 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, / a ui X) - -elcrro*.rJ 0"0"1 Iva cc: Senator Patrick Ballantine 1127 Legislative Building Raleigh, NC 27601-2808 Attorney General Roy A. Cooper III NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Wade Harris Crosswinds HOA 5901 Headsail Ct. Wilmington, NC 28409 Rep. Daniel F. McComas P.O. Box 2274 Wilmington, NC 28401 October 22, 2002 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, Senator Patrick Ballantine 1127 Legislative Building Raleigh, NC 27601-2808 Attorney General Roy A. Cooper III NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Wade Hams Crosswinds HOA 5901 Headsail Ct. Wilmington, NC 28409 Rep. Daniel F. McComas P.O. Box 2274 Wilmington, NC 28401 October 22, 2002 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DBNR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous and reauire the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, cc: Senator Patrick Ballantine 1127 Legislative Building Raleigh, NC 27601-2808 Attorney General Roy A. Cooper III NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Wade Harris Crosswinds HOA 5901 Headsail Ct. Wilmington, NC 28409 Rep. Daniel F. McComas P.O. Box 2274 Wilmington, NC 28401 November 22, 2002 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, Tammy Turnage 4709 Rushing Drive Wilmington, NC 28409 Copies to: Senator Patrick Ballantine Attorney General Roy A. Cooper, III Mr. Wade Harris Rep. Daniel F. McComas October 22, 2002 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, cc: Senator Patrick Ballantine 1127 Legislative Building Raleigh, NC 27601-2808 Attorney General Roy A. Cooper III NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Wade Harris Crosswinds HOA 5901 Headsail Ct. Wilmington, NC 28409 Rep. Daniel F. McComas P.O. Box 2274 Wilmington, NC 28401 5012 Crosswinds Dr. Wilmington, NC 28409 November 6, 2002 Ms. Jill Hickey NC Dept. of Justice P. O. Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DENR 127 Cardinal Dr. Wilmington, NC 28405 Re: Drainage and Flooding Problems Crosswinds Subdivision Wilmington, NC Dear Ms. Hickey and Mr. Shiver: The residents of Crosswinds subdivision are in dire need of your support. The flooding and drainage problems that we have endured for over eight years jeopardize the safety and well being of our residents, especially our children and senior citizens. Some of our neighborhood streets flood to the point of being impassable, and our residents have difficulty reaching their homes or the main thoroughfare. There are many teenagers and college students in our neighborhood who drive to school, work, etc. There are also many senior citizens in this neighborhood, who have retired here and should not have to worry about streets that may not be accessible in the event of an emergency. We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing storm water violations in our development. The problems are numerous and require the attention of both of your agencies. These violations are responsible for property and environmental damage and concern the health and welfare of the residents. Your prompt attention to this matter is truly appreciated. Please do not delay action any longer. Sincerely, 1. �I/u -a 1,11 �lonso Wi M . Rita M. Williams Cc: Senator Patrick Ballantine Attorney General Roy A. Cooper III Rep. Daniel F. McComas Mr. Wade Harris, President, Crosswinds Homeowners Association November 5, 2002 Ms. Jill Hickey NC DENR PO Box 629 Raleigh, NC 27602-0629 Dear Ms. Hickey and Mr. Shiver, Mr. Rick Shiver NC Dept. of Justice 127 Cardinal Drive Wilmington, NC 28405 We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, Barbara D'Alessandro 5907 Tropic Court Wilmington, NC 28405 910.392.0387 Copies to: Senator Patrick Ballantine, 1127 Legislative Building Raleigh, NC 27601-2808 Attorney General Roy A Cooper III, NC Dept of Justice, PO Box 629, Raleigh, NC 27602-0629 Mr. Wade Harris, Crosswinds HOA, 5901 Headsail Court, Wilmington, NC 28409 Rep Daniel F. McComas, PO Box 2274, Wilmington, NC 28401 October 22, 2002 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, cc: Senator Patrick Ballantine 1127 Legislative Building Raleigh, NC 27601-2808 Attorney General Roy A. Cooper III NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Wade Hargis Crosswinds HOA 5901 Headsail Ct. Wilmington; NC 28409 Rep. Daniel F. McComas P.O. Box 2274 Wilmington, NC 28401 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, k / October 21j �e O� We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our devek'pment. The problems are numerous and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, ! V" cc: Senator Patrick Ballantine 1127 Legislative Building Raleigh, NC 27601-2808 Attorney General Roy A. Cooper III NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Wade Harris Crosswinds HOA 5901 Headsail Ct. Wilmington, NC 28409 Rep. Daniel F. McComas P.O. Box 2274 Wilmington, NC 28401 ROY COOPER ATTORNEY GENERAL State of North Carolina Department of Justice P. O. BOX 629 RALEIGH 27602-0629 November 1, 2002 Mr. Wade Harris, President Crosswinds Homeowners Association 5901 Headsail Court Wilmington, NC 28409 Re: Crosswinds Subdivision - Stormwater Ponds Dear Mr. Harris: 4497 Reply to: JhII Hickey Environmental Division Tel: (919) 716-6600 Fax: (919) 716-6767 jhickey@maiIjus.state.nc.us I am in receipt of your letter to me and Rick Shiver dated October 20, 2002 as well as your letter to Senator Ballantine dated October 10, 2002, which includes as attachments a September 25, 2002 letter from you to Rick Shiver and a September 20, 2002 letter from Mr. Al Barone to Rick Shiver. All letters involve the concerns of the Crosswinds Homeowners Association with respect to the DENR permitted stormwater ponds and flooding in the subdivision. I am certainly sympathetic to the homeowners' concerns about flooding and stormwater management in the subdivision, and I share your desire that the situation be resolved quickly. On several occasions, I have provided legal advice to my client, the Wilmington Regional Office of the Division of Water Quality (DWQ), regarding the permittee's compliance with State water quality law at the Crosswinds Subdivision. This does not mean that DWQ has "turned the case -over to the Attorney General's office"as your letter states. The DWQ, not the Attorney General, has the statutory authority to administer the State stormwater program, including the authority to seek civil penalties pursuant to N. C. Gen. Stat. § 143-215.6A or injunctive relief pursuant to N.C. Gen. Stat. § 143-215.6C. The injunctive relief statute, N.C. Gen. Stat. § 143-215.6C, requires that DENR (through a delegation from the Secretary of DENR to the Director of DWQ) request the Attorney General to institute the injunctive action. The Director has not yet so requested. As Mr. Barone's letter acknowledges, the causes of the flooding at Crosswinds are numerous and complex. Before any legal action can be taken, these complex technical issues November 1, 2002 Page 2 must be resolved in order to determine not only the causes of the problem, but the solutions, and to identify who may have the legal responsibility to remedy the problems. If and when the Director of DWQ requests the assistance of the Attorney General, I or another member of the Attorney General's office to whom the matter is assigned, will represent DWQ in any ensuing legal action. Should I be assigned to represent DWQ, I would at that time very much like to enlist your help and that of Mr. Barone in developing the evidence necessary to prove violations of State water quality law, including the possibility of using Crosswinds homeowners as witnessesinthe proceeding. Sincerely, 1 . Hickey ssistant Attorney General c: Sen. Patrick Ballantine Rep. Daniel F. McComas Rick Shiver Alan Klimek October 22, 2002 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully your cc: Senator Patrick Ballantine 1127 Legislative Building Raleigh, NC 27601-2808 Attorney General Roy A. Cooper III NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Wade Harris Crosswinds HOA 5901 Headsail Ct. Wilmington, NC 28409 Rep. Daniel F. McComas P.O. Box 2274 Wilmington, NC 28401 OC Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver NC DENR 127 Cardinal Drive Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, We are looking to your agencies to bring relief to the homeowners of Crosswinds and to finally resolve the ongoing stormwater violations in our development. The problems are numerous and require the attention of both your agencies. These violations are responsible for property damage, environmental damage, and concern the health and welfare of the residents. Please do not delay action any longer. Respectfully yours, S, cc: Senator Patrick Ballantine 1127 Legislative Building Raleigh, NC 27601-2808 Attorney General Roy A. Cooper III NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Wade Harris Crosswinds HOA 5901 Headsail Ct. Wilmington, NC 28409 Rep. Daniel F. McComas P.O. Box 2274 Wilmington, NC 28401 /..'�/� _/. �/ CAE -------------------- — ..__Ic e- x hE7-e5nJTJOIU ��Z) II/OLA7-, ,rll Lo«L m 7 7; 4......Arl. pel eA,, COX\- r I dO 15 E:Ve' VT— veo ve3 'LAO Vi v-cm VYAI em I c7l P'n T7 --r- -VAV- L4 7 16 K I LfA 9 &-M4 e� �cn � v,r- 2'�IY�c � � � 6 � �9' c ►'�2�0-27 NO (-"�eAajz L l` DPI . 1,Otg>er' �-?o_77-� 1 1Z b55►� 1 N1J P.. � n��� 55 0C SRO ea S�=` OVY� �In� cA2 • (� 2T E f Toolled CAS V V / f Vl16 d1 - f E l-01 % i�a i i - � _ 2 o _ ps -- - CROSSWINDS HOMEOWNERS ASSOCIATION 5901 Headsail Court Wilmington, NC 28409 October 19, 2002 Mr. Rick Shiver State of North Carolina Dept. of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Shiver, I want to thank -you and Linda Lewis for attending our Homeowner's meeting. We had not told homeowners that you and Ms. Lewis would be present prior to the meeting since we weren't sure that you could make it. Believe me when I say that your presence meant a lot to those individuals who attended. I only wish that someone from the attorney general's office could have been there also. Thank -you again for speaking before our group. Yours truly, Wade Harris, President Ms. Jill Hickey Crosswinds HOA Ms. Linda Lewis CROSSWINDS HOMEOWNERS ASSOCIATION 5901 Headsail Court Wilmington, NC 28409 October 20, 2002 Ms. Jill Hickey NC Dept. of Justice PO Box 629 Raleigh, NC 27602-0629 Mr. Rick Shiver State of North Carolina Dept. of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Ms. Hickey and Mr. Shiver, Approximately two years ago the local Wilmington DENR office turned the Crosswinds stormwater violations case over to the AG's office. For awhile it appeared that the Crosswinds developer would correct his violations. However, the corrections have not been made and it is now apparent that the developer has just wanted to delay matters. Recently, we understand that there has been some discussion that the case be returned from the AG's office back to DENR for enforcement. Due to the very minor fines involved and the additional opportunity for delay, it does not seem like this change would encourage the developer to live up to his legal responsibilities. It would set back the effort for injunctive relief that we have been waiting for these past two years. The need for injunctive relief is quite apparent as can be seen from copies of typical photos of Crosswinds after a rain event. The problems homeowners face can be significantly attributed to the faulty design/implementation of the retention ponds. In addition to the structural dangers that exist there are other serious problems. For example, many homes flood under their foundations. This requires repeated termite chemical treatments which are subsequently washed into our waterways. Another problem involves the health concerns about mold. We are relying on both of your state agencies to protect its citizens and the environment. We need for both agencies to work together and pursue both enforcement and injunctive relief. It would seem that multiple approaches might make sense but certainly switching between different approaches will only delay action. It is important that this matter be resolved, not prolonged. Yours truly, Wade Harris, President cc: Senator Patrick Ballantine Crosswinds HOA Attorney General Roy A. Cooper III Rep. Daniel F. McComas 1:10Y COOPER ATTORNEY GENERAL State of North Carolina Department of Justice P. O. Box 629 RALEIGH 2 7602-0629 October 3, 2002 Clay Collier, Esq. Crossley McIntosh Prior& Collier 2451 South College Rd. Wilmington, NC 28412 Re: Crosswinds Subdivision Dear Clay: { 2002 ,lilt Hickey - En virormen; a ...Qj?-4sign.o. Tel: (919) 716-6600 Fax: (919) 716-6767 jhickeyCwmail.jus.state.nc. us At our meeting on April 4, 2002, we discussed possible options that your client might undertake to bring him into compliance with his stormwater permit for the above referenced subdivision. You were to discuss the matter with your client and get back to me. I called you in July to remind you that I was still waiting to hear from you. I have not yet heard from you; thus, I assume your client is unwilling to undertake any actions to resolve the Division of Water Quality's concerns about permit compliance. I will advise the Division to proceed accordingly. Sincerely, <- L q J�. Hickey a stant Attorney General c: Linda Lewis CROSSWINDS HOMEOWNERS ASSOCIATION EP 2' 2,002 Mr. Rick Shiver State of North Carolina Dept. of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Shiver, 5901 Headsail Court Wilmington, NC 28409 Sept. 25, 2002 I understand from Mr. Al Barone that you offered to appear before a meeting of the Crosswind's homeowners. Therefore, I would like to extend an invitation to you and to a representative of the Attorney General's office. Residents need to better understand the status of the Crosswinds detention pond violations. It is particulary important right now, since many of the homeowners are quite unhappy that the issues are not being resolved. For the last several weeks we have had multiple detention pond problems in our neighborhood. Since there are several retention pond violations/deficiencies that exist, many homeowners are asking why the state is not pursuing the matter more vigorously. Many homeowners have noted that when the Beacon Woods developer was found to be in violation of his pond permit, action was relatively swift. In contrast, very little action has occurred in Crosswinds. This is surprising, given the many issues that exist, such as the offshe water entering the rear ponds, the county findings regarding the nonfunctional front pond, and other items. Our annual meeting will be held on Saturday, October 12 at 9AM at the Mvrtle Grove Middle School, located on Piner Road. If you call either me (350-1679) or Al Barone (452-7728) we can work out a time slot for you to address the homeowners. I would appreciate anything you can do to help the homeowners understand the state's difficulty in addressing the significant violations in Crosswinds. I can assure you that you will not be asked to comment on flooding as I will restrict the topic to only water quality issues as they relate to the retention ponds. Perhaps the memo wrntte o you recently by Al Barone can be used as the basis for liniiting discussion to der cxfality. Yours truly, Wade Harris, President Crosswinds HOA cc: Wyatt Blanchard Ms. Jill Hickey Ms. Linda Lewis CROSSWINDS HOMEOWNERS ASSOCIATION 5908 Downrigger Drive Wilmington, NC 28409 September 20, 2002 Mr. Rick Shiver State of North Carolina Dept. of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Shiver, As you know, the Crosswinds HOA has been involved with NC DENR in a process to resolve specific stormwater problems in the developments of Crosswinds, Wedgefield, and Masonboro Village, all of which share a common stormwater system. The purpose of this letter is to summarize those issues raised by homeowners that relate to water quality and the detention ponds which DENR has responsibility for. The Crosswinds HOA realizes that issues that are strictly related to drainage and flooding need to be addressed to either the N.H. County Engineering Department or the NC DOT. In broad terms, the HOA understands that: (1) State DENR regulations do NOT require that detention ponds be designed to prevent flooding. The state only requires that the detention ponds have storage for the first 1 inch of rainwater runoff. (2) DENR is NOT responsible for downstream obstructions that are part of any drainage problems. The Crosswinds HOA is working with the N.H County Engineering department and downstream neighbors on this issue. (3) DENR is NOT responsible for assuring the proper conveyance of stormwater throughout the developments. The Crosswinds HOA agrees that it should work with the NH County Engineering department on this issue. HOWEVER, the HOA understands that: (1) DENR is responsible for assuring, with the pond permit holder (B&D signatory), that offsite water entering the `rear" (eastern) Crosswinds ponds, is properly treated. This offsite water was not used in the original calculations for the ponds and thus is in obvious violation of the permit. (2) DENR is responsible for assuring, with the pond permit holder, that proper and adequate connection between the two rear ponds exists. (3) DENR is responsible for assuring that the "front" (western) Wedgefield pond is functional for water quality purposes. Recent discussions with Wyatt Blanchard and with Dan Dawson, who conducted a county sponsored study, indicates that contrary to an opinion that may be held by DENR, there was no conclusion that the pond is functional for water quality and only nonfunctional for drainage. Additional state investigation seems warranted, especially since the county sponsored study was not set up to address the stormwater plan within the development itself. Had it done so, the interconnection of the front and rear ponds, which are in different stormwater basins, would presumably show additional stress to the rear ponds. This obviously makes matters worse than predevelopment plans indicate. Finally, given the available elevation data, it is also conceivable that water may be entering the developments from the South College Road state DOT ditches. (4) DENR is responsible for assuring that the "as built" size of the front pond corresponds to the permitted size, which at present, does not appear to be the case. However, if the front pond cannot be made functional, increasing the size will be useless, and another solution is required. (5) DENR is responsible for addressing the issue of whether adequate pond storage capacity for the first inch of rainfall exist. Past state measurements have indicated a potential deficiency. (6) DENR is responsible for assuring that the retention pond outlet structures are adequate and conform to state standards. Given all of the issues above, it would seem that resolution of the Crosswinds can no longer be treated by the state as a low priority problem which can be fixed by minor modifications. Yours truly, Al Barone, Chairman, Crosswinds HOA Drainage Committee cc: Mr. Wyatt Blanchard Mr. Robert Daughtery Ms. Vicki Daughtery Mr. Dan Dawson Mr. Wade Harris Ms. Jill Hickey Ms. Linda Lewis A WA TF9Q � � r > -� O _ K Mr. Michael S. McGarrity 5044 Out Island Drive Wilmington, NC 28409 Dear Mr. McGarrity: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office April 30, 2002 Subject: Crosswinds Pond Stormwater Project No. 930710 New Hanover County Thank you for your letter of April 27, 2002, in which you discuss several of your concerns that you have with the detention ponds in Crosswinds. The slow release you have observed in the ponds is probably due to an outlet ditch and pipe system that is under -capacity. The Division encourages you and others within Crosswinds to solicit the help of the County or the NCDOT in getting the downstream outlet of the pond improved so that the runoff may exit the pond without backing up and causing flooding. Additionally, any changes made to the grade of existing drainage ditches, how individual properties are graded, or the addition of piping, made by the homeowner's over the years, may also adversely impact the drainage to the pond. It is imperative that such changes be made by a professional with a full understanding of how the drainage is supposed to work in Crosswinds. State regulations do not require Wet Detention ponds to be designed to prevent flooding, nor do theyrequire that the pond be able to contain the volume of runoff associated with a hurricane. The State only requires.storage for the runoff from 1" of rain. As long as the pond is designed in accordance with the design requirements, the flooding issue is not one that the Division has any jurisdiction over. The pond design method used by the State provides a minimum amount of surface area at a specified depth to facilitate the removal of 85% of the suspended solids. As a natural byproduct of a wet pond system, some treatment/dissipation of hydrocarbons, nitrogen, and fecal coliform is provided. Improperly maintained ponds can become a source of pollution. I am enclosing several publications that will guide you and your neighbors in how to maintain the pond and how to control those pollutants before they get into the pond. Please feel free to make copies of these publications for distribution to other homeowners in Crosswinds. N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 ' (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 Mr. McGarrity April 30, 2002 Stormwater Permit No. SW830710 The Division is currently negotiating with the developer to bring the ponds into compliance with the Stormwater permit. Several options have been presented and the developer must decide which option will be chosen. This decision will involve the HOA to some extent. It may be that increasing the size of the ponds is the simple solution as far as permit compliance is concerned. This is but one of the options that is on the table. While I certainly empathize with your concerns about flooding, this issue is not within the jurisdiction of the Division of Water Quality. Please direct your concerns about flooding to New Hanover County Engineering to learn how you can help. If you have any further questions, please do not hesitate to contact me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS\arl:. S:\WQS\STORMWAT\LETTERS\930710-6.APR cc:. Wyatt Blanchard, P.E., New Hanover County Engineering Wade Harris, President, Crosswinds HOA Attomey,General's Office Linda Lewis 5044 Out Island Drive Wilmington, NC 28409 Mr. Rick Shiver NC Dept. of Environment & Natural Resources 127 Cardinal Drive Wilmington, NC 28405 Dear Mr. Shiver, April 27,2002 It has come to my attention that consideration is being given to renovation of the ponds and drainage system in the Crosswinds subdivision on South College Road, because of concerns for the environment. I live in the Crosswinds Subdivision right on the rear ponds and share concerns with my neighbors regarding the health of the environment within my neighborhood. I have noticed that these ponds do not operate properly. The ponds never drain down to a low level per State requirements and always remain at a high level especially when compared to other neighborhoods. It is not uncommon after a heavy rain to have water under some of our houses which is likely picking up insecticides and carrying these chemicals downstream. Since the ponds never drop after a rain, they are not able to capture the first inch of water in any subsequent rain events. Therefore, the capture of pollutants as required by State law is not occurring. Any changes to the ponds should not only address an increase in the size, but must also address their ability to operate properly according to State regulations. We need to prevent pollutants from harming our local neighborhoods and coastal creeks. We are asking you to please take this information into consideration when deciding on a restructuring plan for our neighborhood's drainage system. We believe this will involve more than simply widening the ponds, but dealing more effectively with the drainage of the ponds downstream. Thank you for your consideration of these matters. Sincerely, Michael S. McC�arri i9 Jill Dickey, NC Dept of Justice Wyatt'Blanchard, New Hanover County Engineering oF,VVArF, QG r Mr. and Mrs. Robert Daughtery 5912 Downrigger Drive Wilmington, NC 28409 Dear Mr. and Mrs. Daughtery: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office April 25, 2002 Subject: Crosswinds Pond Stormwater Project No. SW8 930710 New Hanover County Thank you for your letter of April 20, 2002, in which you discuss your concerns about the detention ponds in Crosswinds. Please understand that the Stormwater regulations, under which Crosswinds was permitted, do not address flooding, nor do they allow the review of either pipe sizing calculations, or ditch capacity calculations. It is the design engineer's responsibility to size the pipes and ditches adequately, in accordance with local regulations. Wet Detention ponds are not required by the State to be designed to prevent flooding. The State only requires storage for the runoff from 1" of rain. Anything in excess of 1" is supposed to exit through the outlet structure. As long as the pond is designed in accordance with the design requirements, the flooding issue is not one that the Division has any jurisdiction over. The Division encourages you and others within Crosswinds to solicit the help of the County or the NCDOT in getting the outlet of the pond improved so that the runoff may exit the pond without backing up and causing flooding. Additionally, you are encouraged to retain assistance to improve the ditches within the subdivision as needed to alleviate flooding. Improperly alignedpiping or ditching,;installed by various homeowner's over the years, may adversely impact the drainage to the pond. The pond design method used by. the State provides a minimum amount of surface area at a specified depth to facilitate the removal of 85% of the suspended solids. As a natural byproduct of a wet pond system, some treatment/dissipation-of hydrocarbons, nitrogen, and fecal coliform is provided, which are mentioned in your letter as concerns. In order to function correctly, a wet pond must be regularly maintained. Improperly maintained ponds can become a source ofpollution. I am enclosing several publications that will guide you and your neighbors in how to maintain the pond and how-to control pollutants before they get into the pond. Please feel free to make copies of these publications for distribution'to other homeowners in Crosswinds. According to the engineer who helped the County with the drainage study, it was concluded that the first inch was entering the front pond, but the destination of runoff in excess ofthe first inch was questionable. The State only requires that the first inch be directed into the pond, therefore, it is not a permit violation if the excess runoff from the.front pond makes it's way to the rear ponds.. N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 26405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 Mr. and Mrs. Daughtery April 25, 2002 Stormwater Permit No. SW8 930710 The Division is currently negotiating with the developer to bring both the rear pond system and the front pond into compliance with their respective Stormwater permits. Several options have been presented and the developer must decide which option will be chosen. This decision will involve the HOA to some extent. While I certainly empathize with your concerns about flooding, that issue is not within the jurisdiction of the Division of Water Quality. The local government has the option to address flooding concerns. Please call New Hanover County Engineering to find out how you can help address your flooding concerns. If you have any further questions, please do not hesitate to contact me at (910) 395-3900. Sincerely, Linda. Lewis Environmental Engineer RSS\,,:d: S:\WQS\STORMWAT\LETTERS\930710-5.APR cc: Wyatt Blanchard,P.E., New Hanover County Engineering Wade Harris, .President, Crosswinds HOA Attorney General's Office Linda Lewis I APR I 9 5908 Downrigger Drive Wilmington, NC 28409 Br: ft-7is April 18, 2002 Ms. Linda Lewis State of North Carolina Dept. of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Ms. Lewis, In our telephone conversation this afternoon, I told you that Dan Dawson from the WK Dickson Engineering firm had made remarks concerning the front pond during a presentation made to the County Commissioners. I specifically mentioned that Dan said that the front pond could never function properly due to the pond elevation vis-a-vis the College Road ditch elevation. As it turns out, this information is actually contained on one of the slides presented. I have attached a copy of the slide. Incidentally, Dan had no way of knowing about the existing connection between the front(west) and rear(east) ponds since his study did not look into the interior design of Crosswinds. In his proposals he indicates the necessity to do just that. It was clear to him from his survey data, a copy of which you should have, that the front pond could never be made to work. You should also have a copy of the drawing showing the place where the ponds are connected. Therefore, given the elevations, the only way the front pond can function is to send the water to the rear ponds. Obviously, then, the front pond does not provide real capacity. As I indicated on the phone, the front pond problem, in theory, could be worse than we all are assuming. Given the elevations, it is conceivable that water may actually be entering our development via College Road. My other concerns, that I did not discuss with you on the phone, deal with the poor condition of the ponds due to erosion (see second attachment) and their inadequate depth. I believe you determined the inadequate depth with measurements you made in 1997, when you also called for the installation of a trash screen. Finally, if the rear ponds are to be increased in size, I don't see how the outlet structure can be kept at the same size. I need to discuss this with Wyatt Blanchard. Incidentally, I believe I am correct in saying that you did agree that the rear ponds need to be better connected under the Crosswinds Drive road. Yours truly, cc: Wyatt Blanchard Al Barone, Chairman, Jill Hickey Crosswinds HOA Drainage Committee Rick Shiver AGENDA • General Background • Description of Problems • Assessment of Existing Conditions o Potential Improvement Alternatives Recommendations w�c WIC rn�tc�us�t ;. WEST SIDE OF CROSSWINDS Pon at College Read -CveHIM Slevadon below ditch bottom = Permitted to.akMte with a small pump - Downstreaminodifirations notfeasibte • Collection system concerns - Limited study focused on outlets first - -- local flooding not as severe as east side Diversion to East possible WK MICKIDON INVESTIGATION • Study area divided into two basins —West side of Crosswinds —Eastside of Crosswinds & Hidden Valley • Hydrologic and hydraulic basis —County data & permitting records — NRCS (SCS) & CCE techniques — Limited field surveys • Focused on outlets, not collection • Numerous alternatives investigated wK CROSSWINDS 1 HIDDEN VALLEY WK n ra[�Diu RE: Crosswinds Subject: RE: Crosswinds Date: Fri, 19 Apr 2002 12:45:35 -0400 From: "Daniel E. Dawson" <ddawson@wkdickson.com> To: "Linda. Lewis" <Linda.Lewis@ncmail.net> CC: "Wyatt E. Blanchard, P.E. (E-mail)" <wblanchard@co.new-hanover.nc.us>, "Mark Hargrove" <mhargrove@wkdickson.com> Our firm assisted the County with investigating the Crosswinds stormwater situation several years ago. We did have concerns about the tail water conditions on the pond from the water in the side ditch of South College Road. during storms larger than the 1-inch storm required by the State. As you kncTPY the main issue for the residents has been the flooding, not the treatment of the runoff for the 1-inch storms. We prepared a preliminary presentation for the County, but did not get authorized to complete the detailed analysis. Let me know if you need anything else. -----Original Message ----- From: Linda Lewis [mailto:Linda.Lewis@ncmail.net] Sent: Friday, April 19, 2002 11:30 AM To: Daniel E. Dawson Subject: Crosswinds Dear Dan: Mr. Al Barone came to see me yesterday and indicated that you had done a study of the front pond at Crosswinds. I was given a topographic survey of the pond a while back, but nothing was ever written. Apparently, you did some type of presentation about how that pond could never function because of the outlet ditch being higher than the pond. According to Larry Sneeden, it will work. Who am I supposed to believe? This whole situation has really caused me to age about 10 years. I'm looking for something to give me a clear indication of how to proceed in order to get this pond fixed. Do you have anything written down in the form of a report of your c::rnnclusions and the bar;is for those conclusions? If I am going to help the HOA I need specifics c.., exactly what is wrong and what might be done to fix it. Would you like to meet to discuss this sometime soon, or is this something you can write up and send to me? Thanks, Linda 1 of 1 4/19/2002 3:49 PM RE: Crusswinds Subject: RE: Crosswinds From: "Daniel E. Dawson" <ddawson@wkdickson.com> Date: Fri, 19 Apr 2002 12:45:35 -0400 To: "Linda Lewis" <Linda.Lewis@ncrnail.net> CC: "Wyatt E. Blanchard, P.E. (E-mail)" <wblanchard@co.new-hanover.nc.us>, "Mark Hargrove" <mhargrove@wkdickson.com> Our firm assisted the County with investigating the Crosswinds stormwater situation several years ago. We did have concerns about the tail water conditions on the pond from the water in the side ditch of South College Road. during storms larger than the 1-inch storm required by the.State. As you know the main issue for the residents has been the flooding, not the treatment of the runoff for the 1-inch storms. We prepared a preliminary presentation for the County, but did not get authorized to complete the detailed analysis. Let me know if you need anything else. -----Original Message ----- From: Linda Lewis [mailto:Linda.Lewis@ncmail.net Sent: Friday, April 19, 2002 11:30 AM To: Daniel E. Dawson Subject: Crosswinds Dear Dan: Mr. Al Barone came to see me yesterday and indicated that you had done a study of the front pond at Crosswinds. I was given a topographic survey of the pond a while back, but nothing was ever written. Apparently, you did some type of presentation about how that pond could never function because of the outlet ditch being higher than the pond. According to Larry Sneeden, it will work. Who am I supposed to believe? This whole situation has really caused me to age about 10 years. I'm looking for something to give me a clear indication of how to proceed in order to get this pond fixed. Do you have anything written down in the form of a report of your 1 0�l iJ 2n/Ii/I(nli 11.I z3:Ir RE: Crosswinds conclusions and the basis for those conclusions? If I am going to help the HOA I need specifics on exactly what is wrong and what might be done to fix it. Would you like to meet to discuss this sometime soon, or is this something you can write up and send to me? Thanks, Linda 2', al WATER 9 LAND SECTION Fax:919-716-6766 Apr 18 '02 11:06 P.01 I t( )1 ( .( H II 'I :.I < . 1,0; FRO NI: or%.*r•E: NUNIBER Or PAGES ([NC[.UDING ,rR,0SMrr,r:k[. SHEE'r): r0NFIRl4I 11FCFIPIT OF D0Cv.NwICNT(S) I M,%,RKED ifERE: tilOw of Niorth c:im linc-i Ian„t C 1)('j)iIIUTII'111 OI .11itill( I' I,�x.�l'll',) 'In-n'(,7 11"x IcM.I?u:11 +71i(f').1N; TFI.FCUPtER T2 t1YS,ti1tTT.•I L SHEET COMNIENI'S: EP/4359G13 WATER & LAND SECTION Fax:919-716-6766 Apr 18 '02 11:06 P.02 April 11, 2002 Jill Hickey NC Department of Justice PO Box 829 Raleigh, NC 27602-0629 Dear Ms. Hickey: Denise B. Cannor' 5036 Out island Drive Wilmington, NC �8409 I I am a resident of Crosswinds subdivision in Wilmington, NC and have been for the past 8 years. I am very concemed with the continued water quality issue that has faced our neighborhood since we moved here. My husband, Jeff, and I were not told of any drainage issues when we purchased the properly and we are not directly located on the ponds. I know that the state is aware of the offsite wader that enters our ponds; however, i am not sure as to the extent of the states knowledge about the present operation of these two rear ponds. These ponds do not work properly. The connection between the ponds is poor and causes the water in the first pond to rise very gLdckly. This pond is located one lot #ay from my home. The rise in water does not occur only during hurricanes, but can occur with just a quick downpour. When the first pond fills up, water from the pond backs up into the yards and garages of the people living near, and not neoessarily on, the ponds. The± water is not evenly distributed between the two ponds, causing a noticeable imbalance in the depth of the ponds. The other pond is obviously lower, because water is not able to travel through the pipes to it as quickly as it can to the first pond. In the past, this rising water has resulted in gasoline, oil, fertilizer and sewage flowing first into our garages and yards, then into our ponds and eventually it is carried out tp our waterways. Not only is this damaging to our environment, but our neighborhood is full of children who consider it entertainment to play in this water. Will this environmental pollution problem be corrected with simply resizing the ponds? Is the state aware that this pollution is occurring? I think the safety of our children should be. given great consideration when, a solution is finally agreed upon. I beg you to look into this before preparing a final resolution. Thank you, Denise B. Cannon RECEIVED cs P&I l L Z2'2 a Wyatt Ble nchard N.C. ATTORNEY GENERAL WATER & LAND SECTION Fax:919-716-6766 Apr 18 '02 11:06 P.03 CROSSWINDS HOME OWNERS ASSOCIATION Wade Harris 5901 Hea -ail Court Wilmingto ., NC 28409 April 10, 2002 Jill Hickey NC Department of Justice PO Box 629 Raleigh, NC 27602-0629 Dear Ms. Hickey, In recent phone coversations with Rick Shiver we reminded him that the problems faced by Crosswinds involve more than just unaccounted for offshe water. Two examples: 1. A New Hanover County Commissioners sponsored study showed. the western pond located. in Wedgefield was nonfunctional. It also was undersized. 2. Linda Lewis (DENR) questioned the outlet structure years ago. It is important that your office be aware that there are multiple problems that need to be examined. Our HOA has a great deal of concern that `random irnprovements" to the existing ponds will not resolve the water quality problems that state law is concerned witlj. Addressing only selected problems and forgetting others does not make sense. We would like to be made aware of what solutions are being considered bar the state so that we can make sure that an independent engineer determines if pertinent problems are adequately addressed. Whom can we speak to in your office to discuss these problems? We need to resolve this before the new hurricane season begins and both people and environment are put in harms way again. We thank you for your attention to this matter. Let us all agree to do this right. Yours very truly, Wade Harris, President Crosswinds $OA \�cc: Wy tt Blanchard ECEII'% Lin Ja Lewis Y : IRic Shiver APB g 5 2w VC- ,NER�i WATER & LAND SECTION Fax:919-716-6766 Apr 18 ' 02 11 : 06 P. 04 4913 Crosswinds Drive Wilmington, NC 28409 April 15, 2002 Linda Lewis NCDENR 127 Cardinal. Drive Wilmington, NC 28405 RECEVV Dr APR 16 2UU? NeC. 1 1 t}rii4 P uCJNERAL Subject: Stormwater/Retention Ponds in Crosswinds Subdivision Dear Ms. Lewis: As a homeowner in Crosswinds subdivision, I am writing to express my concern over the condition of our stormwater/retention ponds. There has been a history of the ponds acid stormwater retention system of Crosswinds not Working properly (whether -through poor design or poor maintenance, or both!). The ponds are, and have been, in poor condition, especially the front pond at College Road. It would seem reasonable to assume that if the condition of the ponds were improved, they would function. better. Erosion along the banks of -the ponds and overgrowth, is bound to contribute to silt building up and to environmental contaminants and other pollutants running into the ponds rather than being filtered out by properly maintained vegetation around the ponds. The unsightliness of the ponds is visual evidence of the poor condition of the ponds, which compare badly to the ponds of other subdivisions. 1 encourage a current onsite inspection to address these concerns and the incorporation of remedies to be included in any modifications that may be recommended for the stormwater retention system of Crosswinds. Finally, who will be responsible for seeing that any pond modifications will be specified to be done properly, and, how will the modifications be inspected? Given our long struggle to get this problem resolved, your efforts to get it done right would be greatly appreciated_ Sincerely, Phil Triecc Copy to. Jill IIicl ey, NC Dopartment of Iusdce Rick Shiver, NCDENR Wyatt Blanchard, New Hanover County Engineering WATER & LAND SECTION Fax:919-716-6766 Apr 18 '02 11:07 P.05 April 14, 2002 Jill Hickey NC Department of Justice PO Box 629 Ralcigh, NC 27602-0629 Dear 1As. Hickey, RECEIVED APR 17 2002 N.T. A i i uRNEY Ch14ERAL We believe your office is aware of the offsite water entering the rear retentiool ponds in the Crosswinds subdivision in Wilmington, North.Carolina. However, are you aware that the residents...in the. front,.se—Morwf the Crosswinds subdivision.also have retention pond problems? These problems are most definitely resulting in environmental concerns and additional pollution to our waterways. Specifically, the front retention pond is actually located in Wedgefield right along South College Road (NC 132) and does not function properly due to improper elevation and size as shown by a New Hanover County Engineering study of our problems. In addition to the problems with offsite water entering the rear retention ponds, those of us who live in the front section of Crosswinds subdivision are also quite conc�raed with the functioning of the front pond and its impact on the environment of our ne*hborhood and nearby waterways. Will the problems with the front pond located in Wedgefiield be addressed by the Attomey General's Office as well? Please let us know the status of our concerns. We thank you for your attention to this matter and look forward to hearing frpm your office soon. Sincerely, 19 amen P. Baker 4603 Crosscurrent Place Wilmington, North Carolina 28409 7 David Art? 4607 Crosscurrent Place Wilmington, North Carolina 28409 David Boozer 4602 Crosscurrent Place Wilmington, North Carolina 28409 Harold Eamon 4600 Crosscurrent Place W on, Nortb 29409 1 ;7 ) cc: Wyatt Blarichard Undsi T A -I u c Rick Shiver 0� VAT �O G r Mr. David Boozer 4602 Crosscurrent Place Wilmington, NC 28409 Dear Mr. Boozer: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office April 18, 2002 Subject: Crosswinds Pond Stormwater Project No. SW8 930710 New Hanover County Thank you for your letter of April 14, 2002, in which you discuss several of your concerns that you have with the detention ponds in Crosswinds. Please be assured that Ms. Hickey and the Division are aware of the problems with the front pond. The Division is requiring that any solution proposed by the developers include a proposal to fix the front pond. Improperly maintained ponds can become a source ofpollution. I am enclosing several publications that will guide you and your neighbors in how to maintain the pond and how to control common pollutants before they get into the pond. Please feel free to make copies of these publications for distribution to other homeowners in Crosswinds. The Division is currently negotiating with the developer to bring all the ponds into compliance with the Stormwater permit. Several options have been presented and the developer must decide which option will be chosen. If you have any further questions, please do not hesitate to contact me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORMWAT\LETTERS\930710-4.APR cc: Wyatt Blanchard, P.E., New Hanover County Engineering Wade Harris, President, Crosswinds HOA Attorney General's Office T�,,s N.C_ Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 `Custome "Service 800-623-7748 CF WATF� QG r Mr. Harold Hinton 4600 Crosscurrent Place Wilmington, NC 28409 Dear Mr. Hinton: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office April 18, 2002 Subject: Crosswinds Pond Stormwater Project No. SW8 930710 New Hanover County Thank you for your letter of April 14, 2002, in which you discuss several of your concerns that you have with the detention ponds in Crosswinds. Please be assured that Ms. Hickey and the Division are aware of the problems with the front pond. The Division is requiring that any solution proposed by the developers include a proposal to fix the front pond. Improperly maintained ponds can become a source ofpollution. I am enclosing several publications that will guide you and your neighbors in how to maintain the pond and how to control common pollutants before they get into the pond. Please feel free to make copies of these publications for distribution to other homeowners in Crosswinds. The Division is currently negotiating with the developer to bring all the ponds into compliance with the Stormwaterperni t. Several options have been presented and the developer must decide which option will be chosen. If you have any further questions, please do not hesitate to contact me at (910) 395-3900. Sincerely, G� AxtL Linda Lewis Environmental Engineer RSS1arl: S:1WQSISTORMWATILETTERS19307104.APR cc: Wyatt Blanchard, P.E., New Hanover County Engineering Wade Harris, President, Crosswinds HOA Attorney General's Office N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office April 18, 2002 Mr. James Baker 4603 Crosscurrent Place Wilmington, NC 28409 Subject: Crosswinds Pond Stormwater Project No. 930710 New Hanover County Dear Mr. Baker: Thank you for your letter of April 14, 2002, in which you discuss several of your concerns that you have with the detention ponds in Crosswinds. Please be assured that Ms. Hickey and the Division are aware of the problems with the front pond. The Division is requiring that any solution proposed by the developers include a proposal to fix the front pond. Improperly maintained ponds can become a source ofpollution. I am enclosing several publications that will guide you and your neighbors in how to maintain the pond and how to control common pollutants before they get into the pond. Please feel free to make copies of these publications for distribution to other homeowners in Crosswinds. The Division is currently negotiating with the developer to bring all the ponds into. compliance with the Stormwaterpermit. Several options have beenpresented and the developer must decide which option will be chosen. If you have any further questions, please do not hesitate to contact me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS1arl: S:1WQSISTORMWAMETTERS1930710-4.APR cc: Wyatt Blanchard, P.E., New Hanover County Engineering Wade Harris, President, Crosswinds HOA Attorney General's Office Linda Lewis M.C. Division of lNater Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 CCO Al Mr. David Artz 4607 Crosscurrent Place Wilmington, NC 28409 Dear Mr. Artz: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office April 18, 2002 Subject: Crosswinds Pond Stormwater Project No. SW8 930710 New Hanover County Thank you for your letter of April 14, 2002, in which you discuss several. of your concerns that you have with the detention ponds in Crosswinds. Please be assured that Ms. Hickey and the Division are aware of the problems with the front pond. The Division is requiring that any solution proposed by the developers include a proposal to fix the front pond. Improperly maintained ponds can become a source of pollution. I am enclosing several publications that will guide you and your neighbors in how to maintain the pond and how to control common pollutants before they get into the pond. Please feel free to make copies of these publications for distribution to other homeowners in Crosswinds. The Division is currently negotiating with the developer to bring all the ponds into compliance with the Stormwaterpermit. Several options have been presented and the developer must decide which option will be chosen. If you have any further questions, please do not hesitate to contact me at (910) 395-3900. Sincerely, 4�aou ed" Linda Lewis Environmental Engineer RSS1arl: S:1WQSISTORMWATILETTERS1930710-4.APR cc: Wyatt Blanchard, P.E., New Hanover County Engineering Wade Harris, President, Crosswinds HOA Attorney General's Office .-in a T.witi^t5 N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer -service 800-623-7748 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office April 18, 2002 Mr. Wade Harris, President Crosswinds HOA 5901 Headsail Court Wilmington, NC 28409 Subject: Crosswinds Pond Stormwater Project No. 930710 New Hanover County Dear Mr. Harris: Thank you for your letter of April 10, 2002, in which you discuss several of your concerns that you have with the detention ponds in Crosswinds. Please be assured that I have informed Ms. Hickey about the situation with the front pond at Crosswinds. The Division has made it clear to the developer that solving the problems with the front pond must be part of the overall solution at Crosswinds. The Division is currently negotiating with the developer to bring the ponds into compliance with the Stormwater permit. Several options for permit compliance have been presented and the developer is currently in the process of deciding which option will be chosen. One option involves the enlargement of the pond and one option involves improving the pond's downstream outlet. Each of these solutions will naturally require input from the Homeowner's Association. Please remember that the Division is interested in obtaining compliance with the Stormwater Management permit, and that the final selected option which provides this compliance may not solve all the other concerns you have that the Division has no jurisdiction over, such as flooding. We also look forward to resolving this situation quickly and in a manner that provides compliance with the permit. If you have any further questions, please do not hesitate to contact me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORMWAT\LETTERS\930710-2.APR cc: Wyatt Blanchard,, P.E., New Hanover County Engineering Attorney General's Office T Y N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 4% Fax (910) 350-2004 ' —Customer Service 800-623-7748 0� WA r Mr. Phil Triece 4913 Crosswinds Drive Wilmington, NC 28409 Dear Mr. Triece: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director `= Division of Water Quality Wilmington Regional Office April 18, 2002 Subject: Crosswinds Pond Stormwater Project No. SW8 930710 New Hanover County Thank you for your letter of April 15, 2002, in which you discuss several of your concerns that you have with the detention ponds in Crosswinds. Wet detention ponds are designed to remove pollutants, not add to the pollutant load. The State reviews proposed pond design for compliance with the State's minimum design requirements. The pond design method used by the State provides a minimum amount of surface area at a specified depth to facilitate the removal of 85% of the suspended solids. Routine maintenance is vital to proper fimetioning of a pond. Unsightliness does not necessarily equate to poor function, however, an improperly maintained pond can become a source of pollution. I am enclosing several publications that will guide you and your neighbors in how to maintain the pond and how to control pollutants before they get into the pond. Please feel free to make copies ofthese publications for distribution to other homeowners in Crosswinds. The Division is currently negotiating with the developer to bring the ponds into compliance with the Stormwater.permit. Several options have been presented and the developer must decide which option will be chosen. The selected option will require input from the Homeowner's Association to some extent. Several inspections of the ponds have already been done, and the Division has a clear understanding of what needs to be done to obtain compliance with -the permit. The engineer hired by the developer will design any proposed improvements, and the Division. will approve them. At the conclusion of the work, the engineer will certify in writing to the Division that he/she has inspected the work periodically. Upon receipt of that certification, the Division will then conduct an inspection. N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 Mr. Treece April 18, 2002 Stormwater Permit No. SW8 930710 The Division is looking forward to resolving this situation and obtaining permit compliance. If you have any further questions, please do not hesitate to contact me at (910) 395-3900. Sincerely, .0, Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORMWAMETTERS\930710.APR cc: Wyatt Blanchard, P.E., New Hanover County Engineering Wade Harris, President, Crosswinds HOA Attorney General's Office Linda Lewis Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office April 17, 2002 Ms. Denise Cannon 5036 Out Island Drive Wilmington, NC 28409 Subject: Crosswinds Pond Stormwater Project No. 930710 New Hanover County Dear Ms. Cannon: Thank you for your letter of April 11, 2002, in which you discuss several of your concerns that you have with the detention ponds in Crosswinds. The rapid rise in water level in the fast pond of the two pond system in the rear of Crosswinds that you describe may be attributed to a build-up of sediment in and around the connecting piping, or to a connecting pipe that is too small to convey the runoff quickly enough, or laid at an improper slope, or perhaps even laid to high. I will add this concern to our conditions for resolving this issue with the developer. State regulations do not require Wet Detention ponds to be designed to prevent flooding, nor do they require that the pond be able to contain the volume of runoff associated with a hurricane. The State only requires storage for the runoff from 1” of rain. As long as the pond is designed in accordance with the design requirements, the flooding issue is not one that the Division has any jurisdiction over. The Division encourages you and others within Crosswinds to solicit the help of the County or the NCDOT in getting the outlet of the pond improved so that the runoffmay exit the pond without backing up and causing flooding. Additionally, any changes made to the drainage ditches, grading of the property, or the addition of piping, made by the homeowner's over the years. may adversely impact the drainage to the pond. The pond design method used by the State provides a minimum amount of surface area at a specified depth to facilitate the removal of 85% of the suspended solids. As a natural byproduct of a wet pond system, some treatment/dissipation of hydrocarbons, nitrogen, and fecal coliform is provided, which are mentioned in your letter as concerns. Improperly maintained ponds can become a source of pollution. I am enclosing several publications that will guide you and your neighbors in how to maintain the pond and how to control those pollutants before they get into the pond. Please feel free to make copies of these publications for distribution to other homeowners in Crosswinds. The safety of your children is an important issue. Wet detention ponds are working stormwater treatment systems, and should not be considered as water amenities or playgrounds. Please warn the children not to play in or around the waters of the wet detention facility. If the safety of your children is important to you and others in the neighborhood, the homeowner's association may want to consider installing a fence to keep the children safely out of the pond. N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 Ms. Cannon April 17, 2002 Stormwater Permit No. SW8 930710 The Division is currently negotiating with the developer to bring the ponds into compliance with the Stormwater permit. Several options have been presented and the developer must decide which option will be chosen. This decision will involve the HOA to some extent. It may be that resizing the ponds is the simple solution as far as permit compliance is concerned. This is but one of the options that is on the table. While I certainly empathize with your concerns about flooding and safety, neither of these issues is within the jurisdiction of the Division of Water Quality. The local government has the option to address flooding concerns, and you must provide a safe place for your children to play. Please call New Hanover County Engineering to find out how you can help address your flooding concerns. If you have any further questions, please do not hesitate to contact me at (910) 395-3900. Sincerely, i Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORNffAT\LETTERS\930710.APR cc: Wyatt Blanchard, P.E., New Hanover County Engineering Wade Harris, President, Crosswinds HOA Attorney General's Office Linda Lewis , . April 14, 2002 Jill Hickey NC Department of Justice PO Box 629 Raleigh, NC 27602-0629 Dear Ms. Hickey, nr, - Ff '11 APR+:. r/ li 3[ We believe your office is aware of the offsite water entering the rear retention ponds in the Crosswinds subdivision in Wilmington, North Carolina. However, are you aware that the residents in the front section of the Crosswinds subdivision also have retention pond problems? These problems are most definitely resulting in environmental concerns and additional pollution to our waterways. Specifically, the front retention pond is actually located in Wedgefield right along South College Road (NC132) and does not function properly due to improper elevation and size as shown by a New Hanover County Engineering study of our problems. In addition to the problems with offsite water entering the rear retention ponds, those of us who live in the front section of Crosswinds subdivision are also quite concerned with the functioning of the front pond and its impact on the environment of our neighborhood and nearby waterways. Will the problems with the front pond located in Wedgefield be addressed by the Attorney General's Office as well? Please let us know the status of our concerns. We thank you for your attention to this matter and look forward to hearing from your office soon. Sincerely, XT�-P. James P. Baker 4603 Crosscurrent Place Wilmington, North Carolina 28409 David Artz 4607 Crosscurrent Place Wilmington, North Carolina 28409 David Boozer 4602 Crosscurrent Place Wilmington, North Carolina 28409 Harold Hinton 4600 Crosscurrent Place W' on, Carolina 28409 cc: Wyatt Blanchard Linda Lewis Rick Shiver r 4913 Crosswinds Drive Wilmington NC 28409 ,, April 15, 2002 Linda Lewis ' NCDENR 127 Cardinal Drive Wilmington, NC 28405 Subject: Stormwater/Retention Ponds in Crosswinds Subdivision Dear Ms. Lewis: As a homeowner in Crosswinds subdivision, I am writing to express my concern over the condition of our stormwater/retention ponds. There has been a history of the ponds and stormwater retention system of Crosswinds not working properly (whether through poor design or poor maintenance, or both!). The ponds are, and have been, in poor condition, especially the front pond at College Road. It would seem reasonable to assume that if the condition of the ponds were improved, they would function better. Erosion along the banks of the ponds and overgrowth is bound to contribute to silt building up and to environmental contaminants and other pollutants running into the ponds rather than being filtered out by properly maintained vegetation around the ponds. The unsightliness of the ponds is visual evidence of the poor condition of the ponds, which compare badly to the ponds of other subdivisions. I encourage a current onsite inspection to address these concerns and the incorporation of remedies to be included in any modifications that may be recommended for the stormwater retention system of Crosswinds. Finally, who will be responsible for seeing that any pond modifications will be specified to be done properly, and how will the modifications be inspected? Given our long struggle to get this problem resolved, your efforts to get it done right would be greatly appreciated. Sincerely, -P, Q J"' , Phil Triece Copy to: Jill Hickey, NC Department of Justice Rick Shiver, NCDENR Wyatt Blanchard, New Hanover County Engineering CROSSWINDS HOME OWNERS ASSOCIATION Jill IIickey NC Department of Justice PO Box 629 Raleigh, NC 27602-0629 Dear Ms. Hickey, Wfl-PE Wade Harris _ r 1 ° �'- t .� 5901 Headsaii Court -------------------- Wilmington, NC 28409 April 10, 2002 P q� In recent phone coversations with Rick Shiver we reminded him that the problems faced by Crosswinds involve more than just unaccounted for offsite water. Two examples: 1. A New Hanover County Commissioners sponsored study showed the western pond located in WedgeEeld was nonfunctional. It also was undersized. 2. Linda Lewis (DENR) questioned the outlet structure years ago. It is important that your office be aware that there are multiple problems that need to be examined.. Our HOA has a great deal of concern that `random improvements" to the existing ponds will not resolve the water quality problems that state law is concerned with. Addressing only selected problems and forgetting others does not make sense. We would like to be made aware of what solutions are being considered by the state so that we can make sure that an independent engineer determines if pertinent problems are adequately addressed. Whom can we speak to in your office to discuss these problems? We need to resolve this before the new hurricane season begins and both people and environment are put in harms way again. We thank you for your attention to this matter. Let us all agree to do this right. Yours very truly, Wade Harris, President Crosswinds ROA cc: Wyatt Blanchard Linda Lewis .Rick Shiver Denise B. Cannor, 5036 Out Island C,,.,, Wilmington, NC 28409 April 11, 2002 Rick Shiver NC Department of Environmental and Natural Resources 127 Cardinal Drive Wilmington, NC 28405 Dear Mr. Shiver. I am a resident of Crosswinds subdivision in Wilmington, NC and have been for the past 8 years. I am very concerned with the continued water quality issue that has faced our neighborhood since we moved here. My husband, Jeff, and I were not told of any drainage issues when we purchased the property and we are not directly located on the ponds. I know that the state is aware of the offsite water that enters our ponds; however, I am not sure as to the extent of the state's knowledge about the present operation of these two rear ponds. These ponds do not work properly. The connection between the ponds is poor and causes the water in the first pond to rise very quickly. This pond is located one lot away from my home. The rise in water does not occur only during hurricanes, but can occur with just a quick downpour. When the first pond fills up, water from the pond backs up into the yards and garages of the people living near, and not necessarily on, the ponds. The water is not evenly distributed between the two ponds, causing a noticeable imbalance in the depth of the ponds. The other pond is obviously lower, because water is not able to travel through the pipes to it as quickly as it can to the first pond. In the past, this rising water has resulted in gasoline, oil, fertilizer and sewage flowing first into our garages and yards, then into our ponds and eventually it is carried out to our waterways. Not only is this damaging to our environment, but our neighborhood is full of children who consider it entertainment to play in this water. Will this environmental pollution problem be corrected with simply resizing the ponds? Is the state aware that this pollution is occurring? I think the safety of our children should be given great consideration when a solution is finally agreed upon. I beg you to look into this before preparing a final resolution. Thank you, Denise B. Cannon cc.Linda Lewis, Wyatt Blanchard CROSSLEY MCINTOSR PRIOR & COLLIER ATTORNEYS AT 1Aw 2451 SouTH COLLEGE ROAD WILMINGTON, NORTH CAROLINA 28412 JAN 6 JOHN F. CROSSLEY* DOuOLAs F. MCINTow FRANCIS B. PRIOR CLAY ALLEN COLLIER H. MARK HAMLET SAMUEL H. MACRAE ANDREW HANLEY ASHLEY M. EDWARDS BRIAN E. EDES *REnRm Ms. Jill B. Hickey Assistant Attorney General Environmental Division P.O. Box 629 Raleigh, NC 27602-0629 December 27, 2001 RE: Crosswinds SW8 930710 - Permit Modification Dear Ms. Hickey: TELEPHONE 910/762-9711 FAX 910/251-0446 TOLL FREE 8001499-9711 E-mail clayc@cmpo law.com Thank you for your November 14 correspondence regard- ing the status of the above -referenced matter. Your letter indicates to me that there is some misunderstanding between B&D, you, and the local DWQ office, about some of the factual and legal issues involving the Crosswinds stormwater management system. I will do the best I can to relate my client's under- standing in writing. Please understand that B&D does not presently believe it has the authority to "hold" the referenced stormwater permit. Ownership (and therefore maintenance/modification) rights to the stormwater management system, has, by the covenants of the development, transferred to the Crosswinds Homeowners Association. There has in the past been a dispute between the Homeowners Association and my client about the responsibility for maintenance of the system. The system has been materially altered by some homeowners, and your local DWQ office has allowed water to be transferred from an adjacent drainage basin and into the Crosswinds system. The system has been overwhelmed during recent catastrophic rainfall events. We are advised by a licensed engineer that the storm - water pond constructed on the site complies with the regulations which were in effect when the permit was issued in 1993. Your local DWQ office inspected the pond and accepted it as built. Nothing was said for over seven years. My client relied upon the assurances of your local DWQ office that the pond was acceptable and proceeded with the development of the surrounding area. A demand that my client enlarge the pond to comply with Ms. Jill B. Hickey December 27, 2001 Page 2 the effective permit at this 'Late date causes obvious and extreme damage directly resulting from our prior reliance upon the local state agency. B&D has met with local DWQ representatives in an effort to address any concerns concerning the Crosswinds storm - water management system. Demands made by local DWQ repre- sentatives have included modifications and changes in areas not owned by and beyond the control of B&D. B&D has submitted an application for permit modification to reflect the current construction of the pond which easily coirLp11es with the regulations in effect at the time of its construction in 1993. I must respectfully disagree with your assertion that DWQ must apply current stormwater rules with respect to any permit modification application. It would seem to me that DWQ simply has no authority to apply rules which were not in effect at the time of the original construction. Such ex post facto application of standards and regulations applicable to this stormwater pond is, in our opinion, unsupportable as well as impractical. We are advised that other local offices in the state dealing with similar matters accept and interpret permit modifications under the rules which were in effect at the time of the original application. I would be very interested in any authority which you can present that will support the legal analysis contained in the second paragraph of your correspond- ence. While there seems to be much on which we disagree, I am not sure that we need complete agreement in order to resolve issues relative to the stormwater pond in a manner that will be mutually satisfactory. B&D will be willing to work with you to develop a plan for addressing the concerns regarding the Crosswinds stormwater management system. My client would be willing to do some work at its expense if you can help us receive assurances that any such activity would not expose B&D to claims by the Homeowners Association or individual property owners within the neighborhood. I believe we could best understand each other and develop a dialogue on this matter through direct conversation as opposed to a letter -writing contest. It has been a busy November and December for me and I am in the office briefly today before heading off with my children until after the New Year. Please give me a call next week. Let's see if we can't Ms. Jill B. Hickey December 27, 2001 Page 3 work out a plan which will satisfy the concerns of the local homeowners, satisfy the requirements of the local state agency, and get B&D loose from this tar baby. I look forward to hearing from you, meeting you, and working with you toward that end. Yours very truly, CROSSLEY, MCINTOSH, PRIOR & COLLIER WIJI'V44 I Clay A. Collier CAC/pbw cc: Ms. Linda Lewis B&D Development, Inc. CROSSLEY MCINTOW PRIOR & COLLIER 2451 So=ATrORNEYCoATIAW 7�FGB Roan J A N 0 20C 2 WILMINGTON, NORTH CAROLINA 28412 IOHN F. CROSSLEY° DOUOLAS F. MCDnWH FRANCIS B. PRIOR CLAY ALLBN CoLmR December 27, 2001 H MARK HAMLET SAMUEL H. MACRAB ANDREW HANLEY ASHLEY M. EDWARDS BRM E. EDBS VIA FACSIMILE AND REGULAR MAIL Ms. Linda Lewis Environmental Engineer NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES Division of Water Qualitv Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Crosswinds Pond Stormwater Project No. 930710 New Hanover County Dear Ms. Lewis: TELEPxoNB 9101762-9711 FAX 910/251-0446 TOLL FREE 800/499-9711 E-mail clayc@cmpo-law.com I have been provided a copy of your December 3 corres- pondence forwarded to Mr. Dick Thompson and B&D Development Company. I do not understand why I was not provided a copy of this letter. You should have previous correspondence in the file indicating my representation of B&D and requesting that any correspondence concerning the Crosswinds Pond be directed to me. The first sentence of your December 3 letter indicates your knowledge of my involvement. Please be advised that the delay caused by your failure to communicate directly with me makes it impossible for my client to respond by January 3, 2002. I have, however, responded to Jill Hickey's November 14 correspondence and requested that she contact me to discuss some potential resolu- tion of this matter. I will afford you the courtesy of receiving a copy of that letter through the mail. I am hopeful that we can include you in any conversation and that together we can develop an agreement concerning the Crosswinds stormwater project which will satisfy everyone's concerns. I cannot, however, accomplish this before January 3, 2002. Ms. Linda Lewis December 27, 2001 Page 2 I am in the office briefly today. I have my children until school starts back and I will not be back in the office until January 2. On January 2 I have a meeting with a client in Brunswick County. I expect the meeting will last the majority of the day, but I may be in the office by late afternoon. Hope- fully, I will touch base with Ms. Hickey on that Wednesday or the next day. I will keep you advised of developments as I communi- cate with Ms. Hickey. I.would appreciate.you keeping me advised Of airi' y comundcatiOn Fs 16,h`_ L you may 114tie her o:r any other member of the Attorney General's Office. I would also ask that you forward any future correspondence directly to my attention. I can then respond quicker and our communication can be smoother. I trust that you had a joyous Christmas holiday and are anticipating a Happy New Year. I look forward to working with you in the New Year for a resolution of issues involving the Crosswinds stormwater management system. Yours very truly, CROSSLEY, McINTOSH, PRIOR & COLLIER W_Aw_�r Clay A. Collier CAC/pbw cc: ids. Jill Hickey B&D Development, Inc. CROSSWINDS HOME OWNERS ASSOCIATION 77C--F �% -' L' E � 2001 �BY:-.--�_— Ms. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Ms. Lewis, Wavle Harris 5901 Headsail Court Wilmington, NC 28409 December 21, 2001 I want to thank -you for continuing to address and trying to solve the Crosswinds storm water quality problem We appreciate being copied on your December 3, 2001 letter to B&D Development. it is not clear from the information in the letter whether the developer is being asked to address all of the issues as they relate to the ponds. In particular, while the off -site water going into the eastern ponds has received attention, it is important not to forget the western pond located in Wedgefield. This pond was shown by the county sponsored study to be nonfunctional and the survey data has also shown it to be undersized. It is also important that the county engineering office continue to be made aware of what is happening since they will need to be involved in changes to the storm water system. We thank -you again for your attention to this matter. Yours very truly, Wade Harris, President Crosswinds HOA cc: Wyatt Blanchard Rick Shiver °F W ATFRP �O Gp � r J Mr. Dick Thompson B & D Development Co. PO Box 777 Carolina Beach, NC 28428 Dear Mr. Thompson: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources December 3, 2001 Subject: Gregory J. Thorpe, Ph.D., Acting Director Division of Water Duality Wilmington Regional Office Crosswinds Pond Stormwater Project No. 930710 New Hanover County On November 14, 2001, Jill Hickey with the Attorney General's Office forwarded your attorney, Clay Collier, a letter regarding the applicability of the old rules to the proposed modification. As indicated in her letter, the first option is to the enlarge the pond to the 1.9 acres permitted in 1993 (with a corresponding slight increase in storage volume to accommodate the offsite runoff); the second option is to modify the pond under today's rules. Please indicate your choice and submit the required information to support the option you select by January 3, 2002. The modification to this pond must be completed by hurricane season. Sin cerely, , ?C4� C�ea" Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORMWAT\ADDINFO\930710.DEC cc: Larry Sneeden, P.E. Linda Lewis Wade Harris, President, Crosswinds HOA N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 DS HOME OWNERS ASSOCIATION Wade Harris 5901 Headsail Court Wilmington, NC 28409 November 14, 2001 Jill Hickey NC Department of Justice PO Box 629 Raleigh, NC 27602-0629 Dear Ms. Hickey, I believe that Rick Shiver from DENR has made you aware of the problem facing our neighborhood concerning the retention ponds. My purpose for writing you is to let you know that the Crosswinds HOA stands ready to help your office bring closure to this case. DENR issued a violation to the developer, mainly due to offsite water entering the eastern retention ponds. This offsite water was disregarded in the pond sizing. In addition, the New Hanover County Commissioners sponsored a study that showed the western pond was nonfunctional. Furthermore, survey data shows a pond size smaller than data submitted to DENR. The NH County Engineering Department, in conjunction with the county attorney, indicated it would not issue permits to build homes on the properties that adjoin the eastern ponds. All that can be done with local government officials has been done. That is why we are now looking to your office to finally resolve the problem. As we told Rick Shiver, there are many homes here that are endangered and we need relief as soon as possible. We thank you for your attention to this matter. Yours very truly, 04 f �IA,Wz. Si 6,vet� i3 y 'Jade Harris, President Crosswinds HOA cc: Wyatt Blanchard Rick Shiver �0� WATF�Q �G G Mr. Dick Thompson B&D Development Company PO Box 777 Carolina Beach, NC 28428 Dear Mr. Thompson: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office September 7, 2001 Subject: Topographic Survey Crosswinds Pond Stormwater Project No. 930710 New Hanover County On August 1, 2001, the Division received two copies of the topographic survey for the wet pond at Crosswinds. As previously indicated to you, this project has been referred to the Attorney General's office for resolution. We anticipate hearing from them by the end of September. If you have any questions, please do not hesitate to call Rick Shiver or me at (910) 395-3900. Sincerely, r Linda Lewis Environmental Engineer RSS1arl: S:1WQSISTORMWATILETTERS1930710.SEP cc: Linda Lewis Larry Sneeden, P.E. Beth E. Wetherill, New Hanover County Engineering Wilmington Regional Office Central Files N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 Memorandum To: Linda Lewis, DENR From: Larry Sneeden, PE Date: July 31, 2001 Re: Crosswinds Pond SW8 930710 EAUG 01 2001 BY: Attached for your use are two copies of the revised topographic survey by Hanover Design Group for the detention basin, and the signed and notarized maintenance agreement. This information is provided in response to your June 25 h request for information. The orifice on the outlet structure is submerged. The normal pool level is controlled by the outlet pipe invert of 15.2. The flow through the orifice is controlled by the head differential between upstream and downstream sides; the actual orifice elevation is not a factor. I do not have the original design plans at hand but I believe this was an element of the original design and permit, thinking that a submerged orifice may resist clogging from floating debris. Please call if I can be of further service in your deliberations. CC: B & D Development Company Clay Collier Ac,61 o ae d5L reGei A10 Gh 7,, �e- 10n sfa6f 6r Wn, p11'C?PcP' resole 6 . C. LAWRENCE SNEEDEN, JR. PE 3225 JARED COURT WILMINGTON, NC 28409 910-799-9822 North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary July 30, 2001 Mr. Dick Thompson, President B & D Development Company PO Box 777 Carolina Beach, NC 28428-0777 Nit& r NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject:. Crosswinds Subdivision Stormwater Project No. SW8 930710 New Hanover County Dear Mr. Thompson: The Division is in receipt of your letter of July 25, 2001. Because we have been unable to resolve this matter, we have referred the case to the Attorney General's Office for handling. If you have any other questions, please do not hesitate to call me at (910) 395-3900. Sincerely, F, .. C-tom Rick Shiver Water Quality Regional Supervisor RSS\arl: S:\WQS\STORMWAT\LETTERS\930710.JUL cc: Linda Lewis Jill Hickey, AG's Office Larry Sneeden, P.E. Clay Collier, Attorney 129 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper JUL-25-2001 16:57 P.01 CROSSLEY McINTOSH PRIOR & COLLIER Attorneys at Law 2451 South College Road Wilmington, NC 28412 (910) 762-9711 FAX: (910) 251-0446 FACSIMILE TRANSMISSION COVER PAGE TO: LINDA LEWIS FAX: 350-2004 FRaK: CLAY COLLIER DATE: July 25, 2001 PAGES: (Including Cover) MESSAGE: FAX: (910) 251-0446 NOTICE 6 tD The information contained in this facsimile message is attorney privileged and confidential, and intended only for the use of the individual or entity named as recipient. If the reader is not the intended recipient, be hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this commmnication in error, please notify us immediately by telephone collect and return the original message to us at the address above, via the United States Postal Service. Thank you. CROSSLEY MCINTOSH PRIOR & COLLIER ATTORNEYS AT IAw 2451 SOUTH CouECE ROAD WHMNGTON, NORTH CAROLINA 28412 JOHN C RECEIVED .mciY' Doualns F. MclrrrosH FRANCIS E. PRIOR CLAY ALLEN COuJ H. MARKHAMISP July 25, 2001 JUL 2 2001 SAMUEL H. MACRAE ANDREw HANIEY DWQ ASHIEYM. EDWARDS 560 =210 "CO BmN E. EDffi PROJ # VIA FACSIMILE AND HAND DELIVERY Ms. Linda Lewis Environmental Engineer NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES Division of Water duality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 TEIMHONE 910n62-9711 FAX 910/251-0446 TOLL FREE 800/499-9711 Ismail clayc®nmpo-law.cain RE: Stormwater Project Number: SW8 930710 Modification Crosswinds New Hanover County Dear Ms. Lewis: Thank you for your June 25 correspondence requesting additional information regarding the permit modification application in the above -referenced matter. Allow this corres- pondence to serve as our response to your request for additional information. 1. We are confused by your assertion that the Division has repeatedly indicated that the surface area of the pond must be increased to 1.9 acres in order to comply with the original certification. It was our understanding from your Division's April 10, 2001 correspondence that we were to file a Permit Modification Application. We did so. Your statement that the current pond surface area "will not meet the current design requirements and cannot be approved" is confusing and contradictory to our understanding of conversations with your Division. Larry Sneeden, Dick Thompson, and I met with Rick Shiver and two other members of your office on December 19, 2000. At that time, everyone acknowledged that it would be impossible to modify the stormwater management system to meet the current design requirements. We have consistently maintained that this system should be governed by the design requirements in effect at the time of its original construction Ms. Linda Lewis July 25, 2001 Page 2 and approval by your Division. We have on several occasions requested that you provide us the identity of the person or persons in the Attorney General's Office who have advised you that you have the legal right to require us to comply with standards which were not in effect at the time of the original application and construction. I have a friend in Raleigh who has been representing a client facing similar issues in dealing with a regional office in the Washington area. I am advised that that office is interpreting the standard for permit modification consistent with the position which we are taking in this case. We believe that there are other instances in which your office has allowed permit modifications based on the design requirements which were in existence at the time of the original permit application and construction. When we met with Rick Shiver and other members of your staff on December 19, 2000, Rick acknowledged that the original permitting process contemplated handling stormwater from the approximately 129 acres encompassing this development. Subsequent events beyond our control has resulted in offsite stormwater from another drainage basin being introduced into this particular stormwater management system. It was our under- standing that we were to make the changes necessary to handle the flow of this offsite water under the criteria that existed at the time of the original application and construction of the system. Our research and work indicated that, based on the standards existing at the time of the original application and construction, the minimum required surface area for the pond would be approximately 1.1 acres. Adding the volume generated by the offsite area increases the required surface area to approximately 1.4 acres. The pond clearly exceeds that size as built and consequently is in compliance with the standards which were applicable to this project. Based on the calculations contained in our Permit Modification Application and the accompanying documentation, it seems clear that the pond size meets the applicable design requirements and that the application should therefore be approved. 2. Our Permit Modification Application does not propose to modify the pond and consequently contemplates no disturbance of wetlands. The United States Army Corps of Engineers signed off on any wetlands which would have ever existed around the subject ponds years ago. The issue of Ms. Linda Lewis July 25, 2001 Page 3 wetlands should therefore be moot and any evaluation of wetlands unnecessary for the purpose of approving the Permit Modification Application. 3. Larry Sneeden will be happy to provide you infor- mation regarding pond contour elevations and permanent pond contour. However, we need you to specifically define the exact design criteria before we can provide the requested information. Larry and I called your office yesterday in an attempt to discuss this -matter with you. I called again today. As I dictate this letter, we have not heard f.ro.« you. In the event that this information is necessary for your final determination on our application, we would request that you advise us of exactly what you need and give us an adequate opportunity to provide same. 4. Your correspondence to Mr. Thompson requests he advise you of his title within B&D Development Company. Mr. Thompson is the Treasurer of B&D. 5. Mr. Thompson is currently out of town. He will be returning by next week. We will provide a signed, notarized Wet Pond Supplement Form upon his return. Please note that the form will include the Crosswinds Homeowners Association as the responsible party for the maintenance of the stormwater manage- ment system. This is consistent with the covenants in the development and is, I believe, understood by both you and Rick Shiver. 6. Larry Sneeden will be happy to provide you infor- mation regarding orifice invert and outlet pipe details. However, our response to paragraph 3 similarly applies to this item. 7. Based on our December meeting and your April 10 correspondence, we were not under the impression that we were required to revise the outlet structure detail or relocate the orifice. We believe that these components of the stormwater system are built in accordance with the originally approved plans. If not, we need to confer with you to understand the discrepancy and have an adequate opportunity to address same. 8. We have not and cannot do a topographic survey of the offsite area. We have no ownership of this area and no right to enter upon the property for the purpose of conducting Ms. Linda Lewis July 25, 2001 Page 4 topographic surveys. We have previously provided a survey map with elevations for the rights of way on the Roseman tract and the Hidden Valley Subdivision. We will be happy to try and obtain and supply you with any topographical maps on file with New Hanover County. If you wish for us to provide this additional information, please notify us and we will do so immediately. We are not aware of any other project in which we or any other developer has been required to incur the expense and inconvenience of providing such detailed information when applying for/or to modify a permit. We do, however, wish to cooperate as fully as possible within our economic constraints and within reason. I hope that this correspondence serves to fully comply with your request for additional information. In the event that it is in any way inadequate, please allow this to serve as our request for additional time to submit the information which you require. At the very least, we request that you extend the time by seven (7) days to allow us to provide you a notarized, signed Wet Pond Supplement Form upon Mr. Thompson's return from out of state. We may need such additional time as is necessary to comply with other requests which you might have based upon the matters set forth herein which are unclear to us at this time. I am hopeful that we will be able to confer and get an under- standing of any such issues by the end of the day today. We thank you, as always, for your patience and under- standing in the consideration of our request. We look forward to hearing from you and working with you to the conclusion of the permit modification application process. Yours very truly, CROSSLEY, McINTOSH, PRIOR & COLLIER Clay A. Collier CAC/pbw cc: Mr. Larry Sneeden North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary June 25, 2001 Mr. Dick J. Thompson B&D Development Company PO Box 777 Carolina Beach, NC 28428-0777 NCDENFZ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 930710 Modification Crosswinds New Hanover County Dear Mr. Thompson: The Wilmington Regional Office received a Stormwater Management Permit Application for Crosswinds on April 20, 2001. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. In all previous correspondence, the Division has repeatedly indicated that the surface area of the pond must be increased to 1.9 acres in order to comply with the original certification. If you seek a modification to the existing certification, you must comply with the current requirements for design of the pond. Your application proposes to maintain the current pond surface area at 1.38 acres, which will not meet the current design requirements and cannot be approved. 2. Please either delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist. 3. Please label the pond contour elevations and delineate the permanent pool contour. 4. Please indicate your title within B&D Development Company on the application. 5. Please sign and notarize the wet pond supplement form. 6. Please raise the orifice invert to at least elevation 15.2, while providing the required 1.9 acre surface area and 4 acre-feet of storage volume. Drawdown of the storage volume cannot be achieved in 2-5 days if the outlet pipe is higher than the orifice. Has any more progress been made concerning cleaning out the downstream ditch? 7. Please submit a revised outlet structure detail, showing the new permanent pool elevation and the relocated orifice. 8. As previously requested, please provide a topographic map of the offsite arca. The surveyed map that was provided with elevations for the rights -of -way, for the Roseman tract and Hidden Valley is OK, but a complete topographic map was requested. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Thompson June 25, 2001 Stormwater Project No. SW8 930710 Modification Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to July 25, 2001, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, ,�e e Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\ADDINFO\930710M.JUN cc: Linda Lewis Larry Sneeden, P.E. Clay Collier Crosswinds Subject: Crosswinds Date: Wed, 20 Jun 2001 08:22:47 -0400 From: Linda Lewis <Linda.Lewis@ncmail.net> To: Jill Hickey <jhickey@mailJus.state.nc.us>, Rick Shiver <Rick.Shiver@ncmail.net> Dear Jill: Good morning! Hope your week is going well. I am faxing you a copy of my additional information request for Crosswinds. I reviewed their submittal yesterday, and they did not increase the pond size, as we requested. As discussed at our meeting, I told them that unless they provided 1.9 acres of surface area and 4 acre-feet of storage in the pond, as written in the current certification of compliance, they would be required to submit a complete permit application and redesign the pond in accordance with current design critera. You need not review the other items in the letter, as these pertain to the application. Please review and respond at least by July 1 to give me sufficient time to send the letter before the 90 day review period expires. Thanks. Linda Linda Lewis<Linda.Lewis(a,ncmail.net> 1 of 1 06/20/2001 9:00 AM P. 1 COMMUNICATION RESULT REPORT ( JUN.20.2001 NCDENR FILE MODE OPTION 007 MEMORY T); REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER Mr. Dick J. Thompsona B&D Development Conmpan► , PO Box 777 Carolina Beach, NC 28428-0777 Dear Mr. 'Thompson: ADDRESS (GROUP). DOJ RAL RESULT PAGE S E-2) BUSY E-4) NO FACSIMILE CONNECTION .Tune 2da 2001 Subject: R�QUEJ S � FOR ADDI'f IONAL TNrl ORMA'ITO1N St?ixnwattr Project No. SW8 930710 Modification CrQ sswin 4 Ne,!w 144ndver County Tl1e Wilmington Regional Office received a Stortn11 �, Ater Management Permit Application for Crosswinds on April 20, 2001. A preliminary review of that !Aprmation has determined that the application is 'lot complete. The following information is needed t contin4e the stormwater review; 1. In all previous correspondence, p e, the Division t>as r peatedly indicated that the surface area, ofthe Pond must be increased to 1.9 acres in ��rd,er to;comply with the original certi�catior�. The Division allowed this project to use Vie design ' riteria that was in effect at t11e time of the original submittal, as long as the 1.9 acrp pond'Jurface area was October 10, 20004 the and provided. Per nny letter of p was to be sued, band on cilrrent design criteria, With as mach surface area as possible. In my February 2k 2001,1'Notice of ViolatiOn, it Was tlxe ACT's opinion that the 1.9 acres of surface area and t�1e 4 ac a -feet of volume Trust be provided, This modification proposes to maintain the current po*d surface area at 1.38 acres, Which will not meet the current design requirements. Unless tho 1.9 acres of surface area is provided, t>;,s modification will become subject to the oureent design requirements. 2. Ple4se either delineate all wetlands on site distaroed or undisturbed, or note on the plans that none exist. June 20, 2001 Mr. Dick J. Thompson B&D Development Company PO Box 777 Carolina Beach, NC 28428-0777 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 930710 Modification Crosswinds New Hanover County Dear Mr. Thompson: The Wilmington Regional Office received a Stormwater Management Permit Application for Crosswinds on April 20, 2001. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. In all previous correspondence, the Division has repeatedly indicated that the surface area of the pond must be increased to 1.9 acres in order to comply with the original certification. The Division allowed this project to use the design criteria that was in effect at the time of the original submittal, as long as the 1.9 acre pond surface area was provided. Per my letter of October 10, 2000, the pond was to be sized based on current design criteria, with as much surface area as possible. In my February 26, 2001, Notice of Violation, it was the AG's opinion that the 1.9 acres of surface area and the 4 acre-feet of volume must be provided. This modification proposes to maintain the current pond surface area at 1.38 acres, which will not meet the current design requirements. Unless the 1.9 acres of surface area is provided, this modification will become subject to the current design requirements. 2. Please either delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist. 3. Please label the pond contour elevations and delineate the permanent pool contour. 4. Please indicate your title within B&D Development Company on the application. 5. Please sign and notarize the wet pond supplement form. 6. Please raise the orifice invert to at least elevation 15.2, while providing the required 4 acre-feet of storage volume. Drawdown of the storage volume cannot be achieved in 2-5 days if the outlet pipe is higher than the orifice. Has any more progress been made concerning cleaning out the downstream ditch? 7. Please submit a revised outlet structure detail, showing the new permanent pool elevation and the relocated orifice. 8. As previously requested, please provide a topographic map of the offsite area. The surveyed map that was provided with elevations for the rights -of -way for the Roseman tract and Hidden Valley is OK, but a complete topographic map was requested. OPTIONAL FORM 99 (7-9M FAX TRANSMITTAL #nlPag- To-:Si It [4,'c f e From L (l) 2 L �5 Dept./Agency � Phone # Cl J 10 H 2 C(S _,3C w� q Fax # i . i t�1 Fax # �J NSN 7W-MW74NW l 1 1 5090-101 Mr. Thompson June 20, 2001 Stormwater Project No. SW8 930710 Modification Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to July 20, 2001, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\ADDINFO\930710M.JUN cc: Linda Lewis Larry Sneeden, P.E. Clay Collier B & D Development, Corp. BUILDERSIDEVELOPERS 7APRO C9 2001 : April 4, 2001 Mr. Rick Shiver NCDENR 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Shiver: On March 5, 2001 and again on March 19, 2001 we wrote you requesting information from you and action by you in relation to SW8 930710. We feel that the requested information and action is essential in concluding the matter of SW8 930710. Could we please hear from you immediately. Sincerely, Dick j Thompson cc: Mr. Clay Collier Mr. Larry Sneeden Mr. Tony Roberts, NH County Inspections WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 North Carolina Department of Environment and Natural Resources g 1 • M �. Division of Water Quality �V� Wilmington Regional Office Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND N-VURAL R-C.ti,ouFtcEs April 10, 2001 Mr. Dick Thompson B & D Development PO Box 777 Carolina Beach, NC 28428 Subject: Response to your March 5, 2001 Letter Crosswinds Subdivision Stormwater Project No. SW8 930710 New Hanover County Dear Mr. Thompson: Thank you for your letter of March 5, 2001. In response to your comments, we offer the following: 1. I would be happy to set up a meeting with our contact at the AG's office. Please let me know your available dates to meet, and I will schedule a meeting with the AG's office at their convenience. 2. The calculations presented by Mr. Sneeden were marked preliminary, however, it was supposed to support a final solution of the technical questions in this matter. It was our expectation that the calculations would be final and binding. 3- In the 1993 stormwater application, you indicated that a 2-5 day drawdown is achieved. The outlet must be designed such that the discharge rate following the 1 " storm does not drawdown to the permanent pool level in less than 2 days, but no more than 5 days. As stated in our February 26, 2001, letter, we recommend that you partner with the HOA, DOT and downstream landowners to make improvements to the outlet ditches and pipes to resolve the flooding problem. 4. As stated in the February 26, 2001, Notice of Violation, it is the opinion ofthe AG's office that the originally approved surface area and volume for the pond must be provided. The current surface area will need to be increased by .34 acres to meet 1.9 acres, and the volume will need to be increased to meet the 4 acre-feet, both of which were certified in 1993. 5. The rules allow the Division the ability to revoke any Certification of Compliance for a project that is not in compliance. This is standard language in all Notice of Violation and Enforcement letters for projects that hold Certifications that have not responded to our previous requests to comply. However, revocation would not occur without observance of due process. 6. Prior to the AG making the determination that the original surface area and volume need to be provided, there was no issue with the surface area and volume actually provided, other than the effect on them from the unpermitted offsite runoff. The only violations issued to date regarding surface area or volume deficiencies, are those concerning the offsite runoff problem. It is the AG's opinion that the surface area and volume need to be increased to meet the current 1993 Certification 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. 'Thompson April 10, 2001 Stormwater Project No. SW8 930710 7. As previously stated, it is our understanding that a total of 6 lots around the pond were transferred to two other corporations, one of which you are identified as the registered agent. The fact that you are a principal in another corporation does not change anything regarding compliance. It is our understanding from the County Attorney's office that you are proposing to increase the pond size. Please submit a modification for this if it is in fact how you are proposing to account for the offsite runoff and expand the pond to comply with the Certification of Compliance. 8. This Office is involved in identifying the offsite drainage sources and getting them accounted for in the pond design. If you have a problem with the Masonboro Loop Road drainage, you will need to contact the Department of Transportation. The stormwater rules require that the offsite drainage either be rerouted or accounted for at the full build -out potential. As indicated in the February 26, 2001, Notice of Violation, please submit a modification indicating how you are going to comply with the 1993 Certification. A minimum pond size of 1.9 acres, a minimum volume of 4 acre- feet or greater, as long as this is sufficient to meet the volume required including the offsite area, and a 2-5 day drawdown of the entire volume above the permanent pool are the requirements. The modification must include a topographic map delineating the offsite areas, detailed, sealed final pond design calculations, based on 1993 criteria, including the assumptions made as to the build -out potential in the offsite areas, revised plans indicating the new surface area of the pond, and $420.00 application fee. A clear Plan of Action for achieving compliance was to be submitted by March 26, 2001, however, since we could not respond to.your March 5, 2001, request for information by that date, I will extend it to April 20, 2001. Even if you cannot meet with the AG's office prior to that date, you must respond by that date. Failure to do so will result in additional enforcement adtion and the consideration of injunctive relief. If you have any questions, please do not hesitate to call me at 910-395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS\arl: S:\WQS\STORMWAT\LETTERS\SW8 930710-2.APR cc: Linda Lewis Larry Srieeden, P.E. Attorney General's Office Central Files CROSSLEY MCINTOSH PRIOR & COLLIER ATTORNEYS AT IAw 2451 SOUTH COLLEGE RoAD WILhflNGTON9 NORTH CAROLINA 28412 JOHN F. Cwssuffv DOUGLAS F. MCDnUgH FRANCIS B. PRIOR CLAY AL EN CoLr mR April 20, 2001 H. MARK HArIXF SAMUEL H. MACRAE ANDREW HANLBY ASHLEY M. EDWARM BRIAN E. EDES ■RErMw BY HAND DELIVERY Mr. Rick Shiver Water Quality Regional Supervisor NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Crosswinds Subdivision Storm water project #SW8 New Hanover County Dear Mr. Shiver: 930710 APR 2 0 2001 TmmHoNB 910/762-9711 FAX 910/251-0446 TOLL FREE SM/4994711 E-mail clay c-kw.com Enclosed herewith please find a completed application for permit modification regarding the above -captioned storm water project. You will also find enclosed the appropriate documentation to support the modification of this permit. This application is submitted pursuant to the terms and conditions of 15A N.C.A.C. 2H.1000, et seq. If you have any questions, concerns or any need for further information regarding this application, please do not hesitate to contact me. Your failure to send me a copy of correspondence directed to my client, most recently April 10, 2001, was, I assume, a clerical mistake since -we have previously met in person and you are aware of my involvement in this matter. Please direct any future communication regarding this matter to my attention. I also renew the previous request of B&D Corporation that you provide the name of the person in the Attorney General's Office whom you reference in paragraphs 1, 3 and 5 of your April 10 correspondence, as well as the next to last paragraph on page 2 of said letter. Thank yol.I for your attention to this matter. We respectfully request favorable consideration of our application Mr. Rick Shiver April 20, 2001 Page 2 and "look forward to working with you, within the parameters of the applicable law, to addressing storm water issues in the Crosswinds Development. Yours very truly, CROSSLEY, McINTOSH, PRIOR & COLLIER Clay ollier CAC/pbw encl. cc: Ms. Linda Lewis Mr. Larry Sneeden, P.E. B&D Corporation N.C. Attorney's General's Office STORMWATER MANAGEMENT NARRATIVE FOR CROSSWINDS SUBDIVISION WILMINGTON, NORTH CAROLINA DEVELOPED BY B & D DEVELOPMENT COMPANY PO BOX 777 CAROLINA BEACH, NORTH CAROLINA 28428 (910) 458-7730 APRIL 20, 2001 V1eaemeeoy .�`' -ok CARO, ° SE Al /J ��eaca A/ C. LAWRENCE SNEEDEN, JR. PE 3225 JARED COURT WILMI NGTON, NORTH CAROLINA 28409 (910) 799-9822 RECEIVED APR 212001 (� DWQ PROD # t- 9j d 1/307/U/17 �I STORMWATER MANAGEMENT NARRATIVE CROSSWINDS SUBDIVISION DESCRIPTION The site is a 143 acre tract consisting of the following subdivisions: Crosswinds sections 1.,3 & 4, Wedgefield and Masonboro Village. South College Road borders the site to the west, Tanglewood subdivision to the north, Masonboro Loop Road to the east, and Hidden Valley subdivision/Roseman tract to the south. The site is almost fully developed. There is off -site runoff from the Roseman tract and Hidden valley subdivision draining to this project. The project is presently permitted under DENR stormwater certification no. SW8 930710. The existing project is limited to 30% impervious surface, a low -density development. The pond is provided to account for a curbed roadway system with piped drainage. Pond surface area is sized for 100% impervious coverage of the right-of-way. The storage volume provides for the run-off from a 1-inch rain over the entire project at a maximum impervious coverage of 30%. STORMWATER MANAGEMENT MEASURES The permit modification is provided to include the off -site run-off in the permitted detention pond. The upstream drainage area of 26.9 acres was surveyed and includes portions of the Roseman tract and Hidden Valley subdivision. All of the off -site area is developed at less than 30% impervious coverage (Roseman 14% and Hidden Valley 23%) with roadside swales and ditches for drainage. Calculations for the permit modification are based on the off -site area at 30% impervious coverage and the original design criteria. No increase in the pond surface area is required, as the roads are not curbed. The new pond storage volume accounts for the increased impervious coverage of the off -site area. Based on the as -built condition of the pond, the surface area provided of 1.39 acres exceeds the surface area required of 1.17 acres at the normal pool level of 15.2 feet. By raising the top of the outlet structure from 17.5 feet to 17.6 feet, the storage capacity will be 4.36 acre-feet, in excess of the 4.25 acre-feet required. The bottom elevation of the pond varies between 10 and 11 feet. Calculations are based on a four -foot deep pond. The existing orifice will provide for a 2-5 day drawdown period. Maintenance of the area around and downstream of the outlet device is required for it to function properly. 2 - - JL= �y l � � ,tip �-��Tr. � C j Z r7 : » .•y rJy i c! � � a I i I cc f a 0 RECEI D R CJ S � AN P'4 l.r i U � APR 2 0 2001 , L Lo .S 5(NSD<TSb� zw �f�SS Sul=qcG /-'2cti= or.: TZc�v lao3O �^�..r � �J7L CF_��_^-\v:�.,�,•;i- j Sii/�/i - � �S • -'j q- ��.^.,� � SS�o -1-=5 C �or.�ca r,' s' £7cE��J A = 17- 2 Ac X ✓�". O Q, ,�����,0� C NR�/y � E�,.f 'e 1 %e SE AL 1002 54 b 45-13u1L-r :,l N' i no�r� YCAS-T3vrLT� ► h+ P, / FZ i� _ %�o cl • Q 4G 7C �+ �d 5 �. 3 0 PA r O IL r s.: s L e:. ? 'i t• � I )4i0orIQ \/A L taY Z37° .�7 r I i ELv qR`� p VJL Vo- 15f� rl33 Q �iZol Pc,�1?vI 17,0 lo,a 2 ¢7 S.ZS T�h:-ij�r, i7GrsG I - C R � �-"' ��-=-' `r�•,:iiS I `i._., 'Yi J , ; Gi cz a c 0 17,.5 Tv 17 G AnIrJ R45A+cc' r�Z,aSf' Rf�ck, ci- 'or a s17.G N \VL 163 2 O R.I FICO )s Sv?.< -7, !� t s 2 -�. zi! /2 r----- 17')Z ( .-�,::•�( �j ,o 7J 2 �32. !l, l) �, 0 8-;P SF T 1 391 a 4 a6?y-Zoa cF/10 _ 4,ci7 I�nys A . 11 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): B & D Development Company 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Dick J. Thompson 3. Mailing Address for person listed in item 2 above: PO Box 777 city: Carolina Beach State: NC Zip: 28428-0777 Telephone Number: (910) 458-7730 4. Project Name (subdivision, facility, or establishment name — should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Crosswinds Subdivision 5. Location of Project (street address): Crosswinds Drive city: Wilmington County: New Hanover 6. Directions to project (from nearest major intersection): Proceed east on Crosswinds Drive from intersection with S. College Road (NC132) approximately 1.1 miles to pond. 7. Latitude: 34009.1 Longitude: 770 52.5 of project 8. Contact person who can answer questions about the project: Nance: Dick J. Thompson Telephone Number: (910) 458-7730 II. PERMIT INFORMATION I. Specify whether project is (check one): New Form SWU-101 Version 3.99 Page 1 of 4 Renewal X Modification 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the Existing permit number 930710 And its issue date (if known) 8/27/93 Specify the type of project (check one): X Low Density High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1 In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. This is modification of an existing permit to include off -site water. The existing pond outlet structure will be modified to provide required surface area and volume 2. Stormwater runoff from this project drains to the 3. Total Project Area: 169.9 Acres 5. How many drainage areas does the project have? Cape Fear River Basin. 1 4. - Project Built Upon Area: 30 % 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. 18asinnilrmatmn a Ares 1 Receiving Stream Name Whiskey Creek Receiving Stream Class SA Drainage Area 169.9 Ac Existing Impervious * Area 8.1 Ac. Off -site Proposed ervious* Area 51.0 Ac. otal % Impervious* Area total 30 inn: ...:. ous ��urface area ..ramArea 1 Draingse Am On -site Buil s(Lots)_34.3 Ac. On -site Streets 8.6 Ac. +l- On-site Parking On -site Sidewalks Other on -site Off -site Lots & Streets 8.1 Ac. at 30% impervious) Total: 56.0 Ac, Total: impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7. , How was the off -site impervious area listed above derived? 30% of total area. Impervious areas estimated from aerial photos are 14% for Roseman and 23% for Hidden Valley. IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number 930710 as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than 3500 square feet of arty lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick; stone, slate or similar maternal but do not include wood decking or the water surface of swimmingpools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BUT specified for this project. Contact the Stormwater and General. Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Form SWU-103 Form SWU-104 Form SWU-105 Form SW-106 Form SWU-107 Form SWU-108 Form SWU-109 Wet Detention Basin Supplement Infiltration Basin Supplement Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Underground Infiltration Trench Supplement Neuse River Basin Supplement Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI.; . SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form c c-.r • One copy of the applicable supplement form(s) for each BMP Gar • Permit application processing fee of $420 (payable to NCDENR) e e- f • Detailed narrative description of stormwater treatment / management C • Two copies of plans and specifications, including: ,CJS-'f3u��7 suRv�ys crcf - Development / Project name - Engineer and firm - Legend - North arrow - Scale - Revision number & date - Mean high water line Dimensioned property / project boundary Location map with named streets or NCSR numbers Original contours, proposed contours, spot elevations, finished floor elevations Wetlands delineated, or a note on plans that none exist Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): C. Lawrence Sneeden, Jr. PE. Mailing Address: 3225 Jared Court City: Wilmington Phone: (910) 799-9822 VIH. APPLICANT'S CERTIFICATION State: NC Zip: 28409 Fax: (910) 799-9822 I, (print or type name ofperson listed in General Information, item 2) Dick J. Thompson , Certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A_ NCAC 211.1000. /% Signature: Form SWU-101 Version 3.99 Page 4 of 4 Date: 0- 9 1 - r. • Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a -maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads -- feet in the main pond, the sediment shall be removed. When the permanent pool depth reads' N A feet in the forebay, the sediment shall be removed. Sediment Ren�oval El. A/& Bottom Elellgtion Aj /A Z:A% FOREBAY BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation l S. z Sediment Removal Elevation 1 Z • 2 175% Bottom Elevation i i . Z j 25% MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maxima:. extent practical. Form SV;U-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. ' I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Dick J. Thompson Title: Treasurer Address: P.O. Box 777 Carolina Beach, NC 28428 Phone: (910) 458-7730 Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, , a Notary Public for the State of , County of , do hereby certify that personally appeared before me this day of , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires Form SWU-102 Rev 3.99 Page 4 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledg9 and agree by my signature below that the Homeowners Association listed below is responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Crosswinds HOA, Inc. / Wade Harris Title: President Address: 5901 Headsail Court, Wilmington, NC 28409 Phone: 910-350-1 Signature: B & D Development Date: 07/3 /01 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, Pamela D. Kcbierawski , a Notary Public for the State of North Carolina County of New Hanover , do hereby certify that Dick J. Tharpson Personally appeared before me this 31st day of July 2001 , and acknowledge the due the for wet detention basin maintenance requirements. Witness my hand and official seal. p AP �D�58tt�. ad'M1a SEAT, My commission expires 03/02/02 Form SWU-102 Version 3.99 Page 4 of 4 B & D Development, Corp. BUILDERS/DEVELOPERS March 19, 2001 Mr. Rick Shiver NCDENR 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mn Shiver: RECEIVED MAR 2 2 2001 BY: Reference is made to your FINAL NOTICE OF VIOLATION dated February 26, 2001. In that notice you require us to "respond in writing by March 26, 2001, with a clear plan for achieving compliance with the Certification of Compliance" for SW8 930710. In order to meet this requirement, we herewith inform you that we are in the process of obtaining the necessary topographic information concerning the offsite area. Upon completion of this information, Mn Larry Sneeden PE will do the required calculations and we will submit a permit modification. We will then take whatever action is necessary to conform to the requirements of the modified permit. We anticipate completing this before the hurricane season if we all work together. On another matter, on March 59 2001, by letter, we asked for information from you. To date we have received no reply. Would you please forward that information to us immediately as it is essential in concluding this matter. Dick J. Thompson cc: Mr. Clay Collier Mr. Larry Sneeden Mr. Tony Roberts, NH County Inspections WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 P. 1 * * * COMMUNICATION RESULT REPORT ( MAR. 9.2001 FILE MODE OPTION 060 MEMORY TX REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) DOJ RAL 8:39AM ) TTI­WI NR WIRO RESULT PAGE E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F, Easley, Governor FAX COVER William C. Ross Jr., Secretary Date: Lw: f Pages: To: _71LL_ ffiCK y L,1QD 4 LIFUS —-Ain CO: 'b�07 FAX #: 91�50.,MO4 REMARK,S: o ff 15 — C C Uv 1f-J DS 127 Cardinal Drive Rxiension, Wilmington, N.C. 29405.3114E Telephone (910) 395-3900 FAX (910) 3'%.=4 An Equal Opportunity Al 1rmativa Actin Employer 10 R 003) 0911 �t .. To: Linda Lewis, DENR CC: B & D Development Company From: Larry Sneeden, PE Date: March 8, 2001 Re: Crosswinds Pond 930710 Attached for your use is one copy each of the topographic survey by Arnold W. Carson for the upstream drainage basin. This sealed survey replaces the preliminary survey submitted with the permit modification. Please call if 1 can be of further service in your deliberations. �1M C. LAWRENCE SNEEDEN, JR. PE 3225 JARED COURT WILMINGTON, NC 28409 910-799-9822 B & D Development, Corp. BUILDERS/DEVELOPERS March 5, 2001 Mn Rick Shiver NCDENR 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Shiver: Thank you for your letter of February 26, 2001.Our comments are as follow: 1. Would you please fixrnish us with the name and contact information of the staff of the Attorney General's Office with whom your personnel met so that our attorney may contact them directly. 2. Mr. Sneeden's information was represented to you as preliminary and subject to final revisions. It was used in an effort to educate you concerning the problems. We will stand by his final information. If unsealed calculations and unfounded claims by nonprofessionals are to be disregarded, you should revisit any number of violations you have written. 3. We have no business or interest in maintaining downstream outlets just as surely as our upstream neighbors do not maintain the Crosswinds system and we will not do so. The outlet system was properly installed per your various inspections. We worked with NCDOT to improve the outlet under Mohican Trail and regraded the ditch to that point. Since that time, piping and filling of that ditch have been allowed although there are ordinances to prohibit it. 4. If you wish, we will provide detailed, sealed design calculations, revised plans for the ponds, outlet structure revisions if necessary and a topographic map of the offsite area along with a permit modification to make the ponds the size actually required using the 1993 design criteria. Please be advised that this may decrease the pond size required as our preliminary information indicates that the ponds are actually larger than WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 would be necessary. However, we do not wish to be involved in decreasing pond size as that would be counter productive. 5. We feel that any attempt by you to revoke the Certification of Compliance would be a grave mistake. 6. I believe that this is the first time you have written concerning pond size deficiencies, volume or draw down. Please furnish us with any previous Notice of Violation, letters or faxes concerning this. As I recall, we made this information available to you in January of this year. 7. Regarding injunctive relief, permits or Certificates of Occupancy, B&D Development Corporation owns no lots in Crosswinds. I am sure that you do not want to unnecessarily harm the lot owners in Crosswinds. I am equally as sure that they would take the denial of permits or CO's very seriously and would hold anyone involved in the devaluation of their property personally and collectively responsible for damages. 8. We are aware of the approach of the hurricane season. In our investigation, we have found that water, the State is responsible for from Masonboro Loop Road, is jumping drainage basins and entering the Crosswinds ponds via the "Roseman" ditch. Would you please take whatever measures are necessary to stop this flow. I have asked Mr. Larry Sneeden to work with Ms. Linda Lewis, of your office, and attempt to move this matter forward in a positive manner. Threats of injunctive relief, permit and/or CO denial do nothing to help the situation. Given the present economic situation, we feel the State would not look favorably on becoming involved in long, unnecessary and potentially very costly litigation. We respectfully ask that you revisit your position and present course of action. In an effort to conclude this matter, we look forward to your immediate reply. Sincerely, Dick J. Thompson cc: Mr. Clay Collier Mr. Larry Sneeden Mr. Tony Roberts, NH County Inspections * * * COMMUNICATION RESULT REPORT ( MAR. 1.2001 2:55PM ) P. 1 FILE MODE 910 MEMORY T OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER TTI NCDENR WIRO ADDRESS (GROUP) RESULT PAGE ----------------------------------------------------- 9-3414035 OK P. 3/3 E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural resources Wilmington Regional Office Michael F. Easley, Governor William 6. Ross Jr., Secretary Date: CO: C FAX #:. t() . qc4._. FAX COVER SHEET No. Of pages: .-i From: M Lf Iy� CO: FAX#: 910-350-2004 127 Cardinal Drive Extcnsion, Wilmington, N-C, 2a405%M4511clephone (9lo) 395.3906 Fax (910) 350-2004 An Equal Oppartu0ity AiAction Employer Nortb. Carolina 1Depa' anent of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 26, 2001 CERTIFIED MAIL #7000 1670 0005 7383 7040 RETURN RECEIPT REQUESTED Mr. Dick Thompson B&D Development Company PO Box 777 Carolina Beach, NC 28428-0777 Subject: FINAL NOTICE OF VIOLATION Crosswinds Subdivision Stormwater Certification No. SW8 930710 New Hanover County Dear Mr. Thompson: Wilmington Regional Office personnel met with staff of the Attorney General's Office concerning the offsite drainage to this detention pond. After a review of the case, it is their opinion that you are required to comply with the original Certification of Compliance, which requires a pond surface area of 1.90 acres, a volume of 4 acre-feet, and a draw down of 2-5 days. It must be understood that the data discussed in this letter is based on the incomplete information provided by your engineer, Mr. Lary Sneeden, P.E., and is subject to change as more detailed information is made available. The offsite drainage area survey, done by GeoScience Group, Inc., was used to size the new pipes that now drain the Hidden Valley and Roseman properties through the Crosswinds pond. It shows a total of 27 acres of offsite area draining to the pond. Your engineer submitted unsealed calculations that indicate that you propose to account for only 14 of the total 27 acres. Information regarding exactly how the contributing runoff volume from the offsite area was calculated was not provided. Additionally, sufficient documentation of the exact acreage of the offsite drainage area, in the form of a topographic contour map, was not provided. Original 1993 design criteria required that only the volume of the offsite drainage be accounted for. The surface area calculation is not affected. An as -built survey of the pond done by Hanover Design Services, dated October, 2000, shows that only 1.56 acres of surface area has been provided. On July 12, 1995, however, Mr. Sneeden certified that the pond had been built in substantial conformance with the approved plans, which showed a surface area of 1.90 acres, a volume of 4 acre-feet, and a 2-5 day draw down. Mr. Sneeden did not note any deviations from the design elements certified under SW8 930710. The Division understands that three lots were bought on June 7, 2000, by a company called Golden Road Group, LLC, a company which you control. Any one those lots would be ideal to accommodate a pond expansion and should be used to provide the additional 0.34 acres of surface area needed. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Thompson February 26, 2001 Stormwater Certification No. SW8 930710 Another issue that you need to resolve is that due to the condition of the downstream outlets, the pond is not able to meet the 2-5 day draw down requirement, specified as a condition of the Certification. The outlet must be designed such that the discharge rate following the 1 " design storm does not draw down to the permanent pool level in less than 2 days, and that the pond is drawn down to the permanent pool level within at least 5 days. We recommend that you negotiate with the County and NCDOT to obtain easements and make the improvements. You could also obtain permission from the various downstream owners and make these improvements yourself. We will encourage the HOA to become involved in the process of negotiating with the County and DOT to resolve the flooding being experienced by some of the residents in Crosswinds. To comply with the Certification, you must increase the pond size to the permitted 1.90 acres, increase the volume to the permitted 4 acre-feet, and meet the 2-5 day draw down. You will need to provide detailed, sealed design calculations, revised plans for the pond expansion, outlet structure revisions, and downstream outlet improvements, and a detailed topographic map delineating the offsite area. Please keep in mind that under NCAC 2H.1003 (e), the State has the ability to revoke the Certification of Compliance due to the violations and require you to submit for a Stormwater Management Permit under today's design standards. Please respond in writing by March 26, 2001, with a clear plan for achieving compliance with the Certification of Compliance. This is the second Notice of Violation along with many other letters and faxes the Division has issued to your company requiring you to comply with the conditions of SW8 930710. With the hurricane season fast approaching, the need to eliminate the flooding of some of the residents near the pond is paramount, and failure to do so will leave us no alternative but to consider injunctive relief. By copy of this letter to the New Hanover County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call me or Ms. Linda Lewis at (910) 395-3900. Sincerely, Cam.: c_V_ Rick Shiver Water Quality Regional Supervisor RSS:1arl S:1WQSISTORMWATINOTICE1930710.FEB cc: Mr. Larry Sneeden, P.E. Mr. Tony Roberts, New Hanover County Building Inspections Attorney General's Office Linda Lewis Central Office ■ Complete 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 frorif it space permits. 1. Article Addressed to: Mr. bfckThompsor) B $ D Deve6pme,7f Co. (b 6o - C2r oii7 z 13ei , NG 2?4V-v77-A A .S ceive I by (Please Print Clearly) P.,DaXof Delivery UC. Sign tore ❑ Agent X �-y ❑ Addressee D.D. I d tYdressg!!-t from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type I Certified Mail ❑ Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Articie Number (Copy from service label)7v6-0 // -7U 0005 '1383 7040 PS Form 3811, July 1999 Domestic Return Receipt 102M-00-1011-0952 0 t~ Postage $ r*t Certified Fee Lri tZl - Return Receipt Fee E3 (Endorsement Required) j. t p Restricted Delivery Fee a 4'.j, (Endorsement Required) -^� l r"J , 0 Total Postage & Fees $ V t .a a Sent To ------ Dicl�Tho_�sc.............. �e�erier►_ St, t Apt. N .; or PO Bo ram- Clt�x state,,Z/Q+a2 +QP2G� NC 2942,?- 0'797 Exprem Mail," racking & Delivery Confirmation htip://www.usps.r,om./egi-bin/etigate/ontrack.egi AUPOSW SO&M :Xu M 2bi Izi Enter the number from your shipping receipt into the field below. Item Number: Go L i L � � � � F-P-.!N1 You can track delivery of Express Mail and and confirm delivery for domestic Priority Mail and Parcel Post, Copyright @ 1999 United States Postal Service 1 01,1 03/27/2001 1:33 PM Memorandum To: Linda Lewis, DENR CC: B & D Development Company From: Larry Sneeden, PE Date: January 30, 2001 Re: Crosswinds Pond 930710 Attached for your use are one copy each of the as -built survey by Hanover Design Services and a watershed and site plan by Geoscience Group. The watershed plan was not prepared for this project, is provided as information, and we do not believe it accurately reflects the upstream drainage basin. We do not have any additional proposals for consideration. The results of the preliminary investigation were presented in my memo of January 8t' and discussed in our meeting on January 17d. The developer still desires to move as quickly as possible to resolve the outstanding issues. We need your input before proceeding further so that all parties understand what we are trying to achieve and what we can reasonably expect to achieve. Please call if I can be of further service in your deliberations. C. LAWRENCE SNEEDEN, JR. PE 3225 JARED COURT WILMINGTON, NC 28409 910-799-9822 A 13 ^,+-4-o n p r c-+ % 5 �— cT Crz o r-1 O • O 1 Crosswinds HOA 5901 Headsail Ct. Wilmington, NC 28409 January 20, 2001 Mr. Rick Shiver State of North Carolina Dept. of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Shiver, As you know, the residents of Crosswinds have been experiencing flooding problems for many years. The purpose of this letter is to make your office fully aware that the level of this flooding is directly related to the presence or absence of water entering the Crosswinds water retention ponds from the Roseman and Hidden Valley properties. We have noticed that flooding occurs much more quickly as a result of the court ordered opening of the "Roseman ditch". Flooding is extensive throughout the development and is particularly bad in Section 4 which contains the retention ponds. In that section there are approximately 10 - 12 homes that experience severe flooding problems such as water under homes, water in garages, and water in cars parked on the properties. Many more homes also experience lesser flooding problems. To help your office understand the extent of our difficulties I have supplied below the names of three residents who can assist your office with photographs and as much detail as you may need. These residents are members of our drainage committee and live in the worst affected area. They have all had more than a foot of water under their homes and in their garages on several occasions. Al Barone 5908 Downrigger Drive Jeff Cannon 5036 Out Island Drive Robert Daughtery 5912 Downrigger Drive Section 4, Lot 202 Section 4. Lot 216 Section 4, Lot 203 We are in contact with John Baker, the Masonboro Village developer and he has promised to make data available to us on the area drained by the twin 54" pipes coming from the Roseman property. We will also be seeking additional data from the county study concerning the pond located in Wedgeheld. Copies of this data will be supplied to your office when they become available to us. It is important that we try to resolve this problem before water enters the interior of our homes. Thank - you in advance for your help. Yours truly, Wade Harris President, Crosswinds HOA Corporation Information http://corp.secstate.state.nc.us/egi-bin/listbycorp.pl De PARTh 5NT OF TH1* SE:CRF- TRY OF STATE Data Current as of 02/01/00 Information for THE GOLDEN ROAD GROUP, L.L.C. Corporation Id: 0502295 Date of Corporation: Aug 5 1999 Corporation Status: ACTIVE Duration: JUL 2019 Category: Limited Liability Company i State of Incorporation: NC Country of Incorporation: UNITED STATES Registered Agent Information Registered Agent Name: DICK J THOMPSON Address: 1 MERCHANT LANE City: CAROLINA BEACH State: NC Zip: 28428 r1 Filings Return to exact name search R0111•11 to `oolidcx m,arrh Notice: Information presented on this Web site is collected, maintained, and provided for the convenience of the reader. While every effort is made to keep such information accurate and up-to-date, the Secretary of State does not certify the authenticity of information herein that originates from third parties. The Secretary of State shall under no circumstances be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source or any other consequences from any such reliance. l of 1 01/09/2001 4:11 PM {�■�;N-8--001 11:21A FROM:ANDREW KUSKE CONSULT 9103439604 I TO:3502004 P:1/2 Memorandum To: Linda T.ewis, DENR CC: R & D Development Company From: Lary Sneedeti, PE . Date: January 8, 2001 Re: Crosswinds Pond 930710 I have completed a preliminary analysis of the drainage areas and Pond capacity accounting for the new off -site areas_ The following are my preliminary findings: 1. The new-gff--site area draining into the project is approximately 20 acres, of which 2.8 acres.: s - fi�b�-of-way. Because of the flat terrain and poor ditch and pipe maintenance, these: areas-4= educated guesses and may vary from season to season and even within the samc:.rainr '...event due to backwater effects of off -site ditches. It is my opinion that the areas.&cn'are.reasonable estimates ol'the drainage area for a 1-inch rainfall event. 2. The design criteria 'for the existing pond required sizing the surface area for 100%K intpervi0us surface within the upstream right-of-way and storage volume for run-off from the epiire upstream basin, including roads and lots. The rninimuni required surface area is 1.1 acres and volume is 3.8 acre-feet. The design and permit showed 1.9 acres of surface area and 4 acre-feet of volume. 3. The as -built survey for the pond shows 1.56 acres cal' surface area and 3.54 acre-tect of storage- 4. 'By adding the off site area under the original design criteria, the requirements li)r the pond would be 1.28 acres of surface area. and 3.9 acre-feet of storage. These requirements could be met by increasing the storage elevation oI'the pond 0.2 feet. If we use present day criteria for the pond design, the surlitcc area requirements for the existing Crosswinds area is 2.8 acres, with 3.2 acres required adding the ofl-site area_ There is no change in the storage requirements as the original and present design criteria are the same. C. LAWRENCE SNEEDEN, JR. PE 3225 JARED COURT WiLMINGTON, NC 28409 910-799-9822 JAN-8-2001 11:22A FROM:ANDREW KUSKE CONSULT 9103439604 TO:3502004 P:2/2 January 8, 2001 6, it appears that most of the flooding problems are strongly influenced by conditions beyond the control of the developer. Downstream, the ditches are poorly maintained and prevent the pond iiom drawing down between rainfall events and cause a backwater effect during. rainfalls. Upstream and off -site, the drainage system is undersized and Poorly maintained which may divert water to this pond during heavy rainfalls. On -site, there are some issues with maintenance and piping of ditches that may contribute to localized flooding. The preliminary conclusions are as follows: 1. 'the project can meet the original design criteria for the off -site areas by modificarions to the outlet structure. This includes surface area and storage requirements. 2. The project canlwt meet the present day surface area criteria for the existing development, or with the off -site areas added. The pond site does not allow for an 800K increase in. size. 3. We eamnot resolve all of the flooding problems, regardless of what is done to the pond. The developer desires to move as quickly as possible to resolve the outstanding issues. We need your input before proceeding further so that all patties understand what we are trying to achieve and what WC can reasonably expect to achieve. Please call me at your earliest convenience to arrange a meeting to review this information. 11/30/2000 10:49 910-458-7830 THE THOMCO GROUP INC PAGE 01 B & D Development, Corp. FAX BUILDERS/DEVELOPERS 7b: Undo Lewis / NCDENR Ew,,,; Dick ThwTg eon Fix: 910,360.2004 'a1 Pow 910-3 es an Debt 11 /3QI00 lice SM 9307101S!M G21116 CC: Clay WNW. Larry Snwden Dear Ms. Lewis.. Thank you for your prompt reply to our fax of 11-29.00. It Is unfortunste that we can not proceed as Offwed and bring this matter to a speedy resolution. As wards La" Snesdarr°s time line, 1 any not an engineer and do not understand +tee Intricacies or am required. However, 1 have known Ls for 15-20 ° �► ��, trust hirer to do what Is right and have told him to proceed as quickly as possible. T. a erww 1 will stand by his timeline and at the Sara* time urge hirer to finish this as quickly as possible. please believe s~, 0 & D Development Corporatkm wants this to be resolved In a correct and speedy manner. To that end, I have asked Mr. May Collier to arrange a meeting between your oAlce and our rePresenathres so that we can determine exactly what can be accomplished. On another matter, by latter of NOvember 9, 2M we asked that your oMlere make Information roe SM18 921115 available to us. In order to bring that Issue to resolution, we again request brat IMbrrnation. WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O_ BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 P. 1 COMMUNICATION RESULT REPORT ( NOU.29.2000 5:42PM ) TTI NCDENR WIRO FILE MODE OPTION ----------------ADDRESS -(GROUP) RESULT PAGE -------------------------------------- --------- ---------- 236 MEMORY TX 9-4587830 OK- -P. 1/1 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION State of Nortli Carolina Departmelat of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Jaanes B. Hunt, Governor FAX COVER SHEET Date: November 29, 2000 To: Dick Thompson Company: B & D Development FAX #: 910-458-7830 DWQ Stormwater Project #SWS 930710 Project Name: Crosswinds Pond Dear Mr, Thompson: Bill Holman, Secretary No. of Pro : Linda Lewis Fate on - Stormwater FAX #: 910-350-2004 Pbone #: 910-395-3900 The Division is in receipt of your November 29, 2000, fax regarding a proposal to immediately being excavating additional pond area at Crosswinds in lieu of providing additional calculations, surveys, etc. Unfortunately, the Division cannot authorize such worlc without first approving plans and calculations based on accurate survey data. The option to provide additional pond area made in 1ny October 10, 2000, letter was offered as one possible way to meet the stricter pond design criteria of today. It is the Division's desire to bring this pond into compliance with today's standards to the extent that it'Dracticably can be. Because this pond was built under the 1988 design criteria, we * * * COMMUNICATION RESULT REPORT ( NOU.29.2000 5:45PM ) * * * P. 1 FILE MODE OPTION 237 MEMORY T" REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) 9-3439604 TTI -- NCDENR WIR-0 RESULT PAGE E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office James B. bunt, Governor Date: November 29, 2000 To: Dick Thompson Company: B & D Development FAX #: 910-458-7830 Bill IIolrnai�, Secretary FAX COVER SHEET DWQ Stormwater Project #SWS 930710 Project Name: Crosswinds Pond Dear Mr. Thompson: No. _ Fro inda Lew Wate ection - Stormwater FAX #: 910-350-2004 Phone #: 910-395-3900 The Division is in rcccipt of your November 29, 2000, fax regarding a proposal to immediately being excavating additional pond area at Crosswinds in lieu of providing additional calculations, surveys, etc. Unfortunately, the Division cannot authorize such work without first approving plans and calculations based on accurate survey data., The option to provide additional pond area made in my October 10, 2000, letter was offered as one possible way to meet the stricter pond design criteria of today. It is the Division's desire to bring this pond into compliance with today's standards to the extent that it practicably can be. Because this pond was built under the 1988 design criteria. we State of North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office James B. Hunt, Governor Bill Holman, Secretary FAX COVER SHEET Date: November 29, 2000 To: Dick Thompson Company: B & D Development FAX #: 910-458-7830 DWQ Stormwater Project #SW8 930710 Project Name: Crosswinds Pond Dear Mr. Thompson: No. of Pages: 1 From: Linda Lewis Water Quality Section - Stormwater FAX #: 910-350-2004 Phone #: 910-395-3900 The Division is in receipt of your November 29, 2000, fax regarding a proposal to immediately being excavating additional pond area at Crosswinds in lieu of providing additional calculations, surveys, etc. Unfortunately, the Division cannot authorize such work without first approving plans and calculations based on accurate survey data. The option to provide additional pond area made in my October 10, 2000, letter was offered as one possible way to meet the stricter pond design criteria of today. It is the Division's desire to bring this pond into compliance with today's standards to the extent that it practicably can be. Because this pond was built under the 1988 design criteria, we realize that there may be mitigating circumstances that might prevent certain design criteria from being provided to the full extent as would be required for a new pond. However, everything that can practicably be done to bring this pond into compliance must be done. Mr. Sneeden's memo of November 28, 2000, indicates that 45 days will be needed to submit a complete application. This would put the expected submittal date at January 12, 2001, as originally indicated in your October 12, 2000 response letter. It must be noted that the Division feels that this amount of time seems to be much more than is necessary to complete the items indicated in the memo, however, we have no choice but to accept that date. A complete application package, plans, and calculations must be submitted on or before that date. You must realize that the home owners in Crosswinds have expressed the concern that you or your company will not make these modifications in a timely manner, and leave them subject to potential flooding again. The timeline is a critical aspect of this process and the Division will not allow this process to go on forever. The Division will pursue whatever avenues are available, including injunctive relief, to get this situation resolved quickly. Once the project is submitted, it will be given priority for review and permitting, so that construction of the improvements will not be further delayed. S:1WQSISTORMWATIADDINF01930710-2.NOV cc: harry Sneeden 343-9604 127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004 An Equal Opportunity Affirmative Action Employer 11129l2000 11:26 (1, 2q -cv TO: FROM: === COVED FADE === THE THOMCO GROUP INC FAX: 910-458-7830 TEL : 910-458-7730 COMMENT: CALL WITH QUESTIONS 11/29/2000 11:26 910-458-7830 THE THOMCO GROUP INC PAGE 01 B & D Development, Corp. BUILDERSIDEVELOPERS To; Linda Lewis I NCDENR From; Dick Thompson p9= 910,150.2004 pa"I1 PhUM 910.3mmm O■b: 11R9= 111K SWB 930710 CC: Clay CONier, Lang Snesden Ms. Lewis: A copy of ow fax you sent Larry Sneaden has been forwarded to me. As them appears to be a sense Of urgency Involved, wre ofller the tbil0wing In response: 1. In Your letter of October '1% 2000 you stalled that, If needed, we would be asked to excavate as much additional pond area as Is Possible within the confines of the pond site. 2. In over letter of October 12, 2000 we agreed to furnish this, if needed, within the confines of the pond site. 3. If agreeable with you and as an acceptable resolution to this matter, WO will go ahead with your requirement of October 10, 20M and begin, as soon as practicable, to add as much pond area as possible within the confines of the pond site. This will be done In lieu of %tther calculations, surveys, etc. 1 will make Mysaif 0mliabis as soon as this afternoon to meet with YOU at the ponds With our neap and we can conclude this matter. Please call me O 9104MW7730 or 910417.1632 as soon as possible to discuss this and connrsuu a meeting. As always, thank YOW for your help. Oftk Thompson WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 * * * COMMUNICATION RESULT REPORT ( NOV.29.2000 12:40PM ) P. 1 FILE MODE 200 MEMORY TX OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) ----- 9-3439604 E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Division off'Water Quality Wilmington Regional Office James B, Hunt, Governor FAX COVER SHEET Date: November 28, 2000 To: Larry Sneeden, P.F. Company: Andrew and I uske FAX #: 343-9604 sPAGE '1 1i1 Bill Holman, Secretary No. of Pages; 1 From: Linda Lewis )AIVX Water Quality Se 'on - Stormwater 10-350-2004 Phone #: 910-395-3900 DWQ Stormwater Pro feet #SW8 930710 Modification Project Name: Crosswinds Pond ]MESSAGE: Larry: I requested a levier of Explanation from you regarding the why it will take so long to get the survey information together to resolve the situation at Crosswinds. That letter has not been submitted, and the deadline has passed, At'diis idme, we will have no choice but w initiate either enforcement action or obtain an injunction against Mr. Thompson to speed this up, State of North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office James B. Hunt, Governor Date: November 28, 2000 To: Larry Sneeden, P.E. Company: Andrew and Kuske FAX #: 343-9604 Bill Holman, Secretary FAX COVER SHEET No. of Pages: 1 From: Linda Lewis Water Quality Section - Stormwater FAX #: 910-350-2004 Phone #: 910-395-3900 DWQ Stormwater Project #SW8 930710 Modification Project Name: Crosswinds Pond MESSAGE: Larry: I requested a letter of explanation from you regarding the why it will take so long to get the survey information together to resolve the situation at Crosswinds. That letter has not been submitted, and the deadline has passed. At this time, we will have no choice but to initiate either enforcement action or obtain an injunction against Mr. Thompson to speed this up. S:\WQS\STORMWAT\ADDINFO\930710.NOV 127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004 An Equal Opportunity Affirmative Action Employer I '5ent by:RNDREW&KUSKE Nou-28-00 01:21Pm r; M-eino-Imn.&n.1 To: Linda Lewis, DENR CC: Dick Thompson From: Larry Sneeden, PE Date: November 28, 2000 Re: Crosswinds Pond Redesign from 9103439604*9103502004 Page li 1 /�v A`idillMS!®AYtlrl:RW WIWe/1YL1!Me11SlL'v Wf61MYdYalSellilSaM.te. I apologize for the delay in getting you an explanation for the time extension for this project. This was entirely my fault as lvlr. Thompson has been pressing to get this resolved. We will'need 45 days to obtain the off -site information require by your office, compute the new impervious:,. areas, analyze the existing pond, and propose improvements. To our knowledoei. the off --site information is not readily available and must be gathered from several client sources. We must also recompute the areas within Crosswinds as the design criteria by WIii6h this pond was originally designed are no longer acceptable to your office. Please caJI fffir lave further questions about this wort. B & D Development, Corp. BUILDERS/DEVELOPERS November 9, 2000 Ms. Linda Lewis State of North Carolina Department of Environment and Natural Resources 127 Cardinal Dr. Ext. Wilmington, NC 28405 Dear Ms. Lewis: Thank you for your letter of October 26, 2000 concerning Stormwater Project No. SW 921115. We offer the following comments to your letter. Mn Larry Sneeden requested a copy of the as -built survey dated March 5, 1999 from W.K. Dickson. They informed Mn Sneeden that did not have that information available. Would you please make that information available to us for our review and planning purposes. After we have had a chance to review the information and investigate the situation, please be assured we will make any changes necessary to have the pond comply with the original construction design. We look forward to your help and input in bringing this matter to a successful conclusion and will cooperate and work with you in any way we feel is appropriate. If you have any questions please contact Mr. Sneeden or myself. Sincerely, Dick J. Thompson cc:Larry Sneeden Clay Collier P017d, WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 284 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 284 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 27, 2000 Mr. Dick Thompson B&D Development, Corp. PO Box 777 Carolina Beach, NC 28405 r NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Time Extension Crosswinds Stormwater Project No. SW8 930710 New Hanover County Dear Mr. Thompson: The Division of Water Quality received your reply to our letter requesting a specific time frame for the completion of the modification to the Crosswinds pond. At this time, we feel that 3 months is too long to complete this submittal since, as stated in your letter, most of the field survey work is complete. The pipes which will channel offsite runoff into the Crosswinds pond are already in place. If the information used to size those pipes is available, then you have the ability to submit a complete modification to this Office by November 17, 2000. If you have any question, please do not hesitate to call me at 910-395-3900. Sincerely, Linda Lewis Environmental Engineer RSS1arl: S:IWQSISTORMWATILETTERS1930710-2.00T cc: Linda Lewis Larry Sneeden, P.E. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper RECEIVED OCT 16 2000 BY: October 12, 2000 B & D Development, Corp. BUILDERS/DEVELOPERS Ms. Linda Lewis State of North Carolina Department of Environment and Natural Resources 127 Cardinal Dr. Ext. Wilmington, NC 28405 Dear Ms. Lewis: Thank you for your letter of October 10, 2000 concerning design requirements for Stormwater Project No. SW 8 930710. We offer the following comments to your letter. To date we have done most of the field survey work at the ponds necessary to begin planning However, there is extensive data gathering still to be done in order to calculate impervious surfaces in the new area added to the ponds by the "Roseman Ditch". Therefore, by this letter, we request that additional time be granted to submit the information requested. According to Mn Larry Sneeden, this information should be complete and available to your office by January 12, 2001 barring unforseen circumstances. Regarding pond design criteria, as noted in the second paragraph of your letter, we will furnish as much additional surface area and volume as possible, if needed, within the confines of the pond site, based on revised calculations. As requested, we will submit calculations based on current design criteria. However, we feel that the design criteria in place at the time of issuance of SW8 930710 should also be considered because had we known of the "Roseman. Ditch" at the time of original pond design the design criteria used would still have been those in effect at that time. WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 — 2 — October 12, 2000 We look forward to your help and input in bringing this matter to a successful conclusion and will cooperate and work with you in any way we feel is appropriate. If you have any questions please contact Mr. Sneeden or myself. Sincerely, Dick J. Thompson cc: Larry Sneeden Clay Collier 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 10, 2000 Mr. Dick Thompson, President B & D Developers PO Box 777 Carolina Beach, NC 28428 Subject: Design Requirements Stormwater Project No Crosswinds Pond New Hanover County Dear Mr. Thompson: .V , Airi NCDENR" NORTH CAROLINA DEPAr:TMENT OF ENVIRONMENT AND NATURAL RESOURCES SW8 930710 The Wilmington Regional Office received a request from your engineer regarding the detention pond at Crosswinds permitted under SW8 930710. Since the project met low density overall, but had a collection system, only the right-of-way was required to be collected and treated. For design purposes, the right-of-way was assumed to be 100% impervious, however, this method is no longer used for pond design. Mr. Sneeden's question was, if the option to reroute the offsite runoff is not chosen, how to provide pond calculations. and submit the application since the previous calculation method is no longer used. It has been determined that this pond must meet the current design criteria where possible and as much as possible. For example, if additional site area is needed, based on the revised calculation, you will be asked to excavate as much additional pond -area as is possible within the confines of the pond site. If additional volume is needed, you will be asked to provide as much volume as possible. The calculations should be submitted based on current design criteria. Plans should indicate where additions/modifications to the pond will be made in order to obtain as much of the required surface area and volume as possible. Please note that this is a response to a question regarding the design requirements for the subject project. You must respond in writing and provide the Division with a reasonable time frame for the submittal of this project. Either your written response or a complete stormwater management permit application should be received by this Office prior to November 10, 2000, or the project will again be considered in violation. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Thompson October 10, 2000 Stormwater Project No. SWS 930710 If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:1WQSISTORMWATIADDINF01930710.00T cc: Linda Lewis Larry Sneeden, P.E. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Re: 93071'0 ,y� Subject: R 930710 Date: Thu, 000 11:14:02 -0400 From: Bradley Bennett <bradley.bennett@ncmail.net> Organization: NC DWQ To: Linda Lewis <Linda.Lewis@ncmail.net> CC: Jeanette Powell <jeanette.pewe11@ ernail.net>, Bill Reid <Bil1.Reid@ncmai1.net> Linda, I understand that you are trying to get something finalized on this one, so I will try as best I can to address the issues. First of all, I'm not sure why the offsite drainage wasn't addressed under the old verification since the previous rules included essentially the same language that the pond design had to account for all drainge coming to it. Anyway, that is a separate issue. For this project it seems to me that they have the option of routing the flow around or accounting for it in the pond. If they choose to increase the pond size then I guess we need to maximize what we can get in the space they have available. I'm assuming they don't have any additional space around the pond that they could use. I realize this isn't completely consistent with the current design process, but it is obvious that this one is a hybrid project to begin with and we are working within the restrictions of an exiting project. So, we would need to work with them to maximize the pond design within the site constraints. I hope that the homeowners realize that our design is for water quality purposes and so if their flooding is being caused by larger storms then our requirements may not help them. The developer needs to be prepared to assess this outside of our design requirements to assure he is addressing the issue. As for the permitting issues, I think they should get a permit rather than have the certification modified. This is a modification and should be delt with under the rules in place today which require a permit. I don't think we need to revoke the certification to make this happen. We would need to get the permit application/modification request in and in the permit they recieve indicate that this permit takes the place of the previous certificate of coverage which should be rescinded at the time the new permit becomes effective. BB Jeanette Powell wrote: > Bradley - can't we revoke the certification and require a permit under the > "new" rules? > Linda Lewis wrote: > > Dear Jeanette: > > Thanks for the responses to my last emails. I have another one for you. > > Do you remember the Crosswinds pond? They had a lot of offsite runoff > > which had not been accounted for in the original submittal, which was > > back in 1993. A Certification of Compliance was issued, not a permit. > > It was causing a lot of flooding for the people in Crosswinds. Once we > > were able to verify that there was a problem, and who was causing it, we > > required that the Certification holder either reroute it or account for > > it in the pond's design. Well, he elected to completely shut off the > > flow and as a result three homeowners in the area were flooded. They > > sued him and won. He is now under judges order to reopen the ditch. I > > sent another letter repeating the same options as before. > > They want to try to resize the pond. The only trouble I am having is 1 of 2 10/05/2000 2:27 PM /307I0 . , > > that in 1993, we did the pond calculations different than we do today. > > The subdivision is an overall low density project, with the pond > > required because of the collection system. As was common practice, the > > pond design was based on a project area that included only the R/W as > > 100o impervious. Since offsite runoff was not specifically addressed in > > the old rules, the practice back then was to account for offsite runoff > > in the volume only, not as part of the SAIDA ratio. > > Question - How should the engineer design the pond - based on the old > > practice or the current rules? > > I'm not sure how this would go over with the lawyers and homeowners, but > > I think that using current design methods will probably result in a > > required pond size that will be too large to fit into the available > > space. But then again, in order to protect the State from future > > lawsuits, we may have no choice but to require that the pond be resized > > based on the current version of the rules, or that the offsite runoff be > > bypassed completely. > > If you need more info call or email. Thanks, > > Linda Bradley Bennett NC Division of Water Quality Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 525 Fax: (919) 733-0719 Mailto:bradley.bennett@ncmail.net 2 of 2 10/05/2000 2:27 PM 1,C:FIV�.D SEP 2 1 2000 B &b'Developm6t, Corp. n\0 BUILDERS/DEVELOPERS CA4� September 18, 2000 Ms. Linda Lewis State of North Carolina Department of Environment and Natural Resources 127 Cardinal Dn Ext. Wilmington, NC 28405 Dear Ms. Lewis: Thank you for your letter of September 1, 2000 concerning offsite drainage. As you requested in that letter, we offer the following response. As you are aware, we have contacted Mr. Larry Sneeden and asked him to contact you regarding this matter. He did so on September 12, 2000 and discussed solutions to the situation. He has requested new information on the area in question. That information is in the process of being gathered. As soon as it is made available to Mr. Sneeden, he will formulate a plan, which we hope will be satisfactory to all concerned. If' you should have any questions as we work toward an end to this matter, please do not hesitate to contact Mr. Sneeden or myself. Sincerely, cc: Larry Sneeden Clay Collier WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 Ln n r— Postage m r` Certified Fee V"1 Return Receipt Fee C] (Endorsement Required) C3 p Restricted Delivery Fee (Endorsement Required) E:3 r'" Total Postage & Fees .0 r-1 S%�, C/r I C3 ------------------------ St , Apt No. PO 5 o v� [L Ciiv. Slate. ZIP+4 ■ Complete 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: De -^rlofairr Po /fix 771 ,tee., a,rys. r Postm Here �S �o� sctl ---- ------- Vo S 1K %77 --- - NG Z. 42 S A. Removed by (Please Print Clearly) I B. C. ❑ Agent D.i(v add different from item 1? ❑ Yes if YES, AAMTWellivery address below: ❑ No 3. Service Type Ql-ftttified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) _'7000 14-20 ow PS Form 3811, July 1999 Domestic Return Receipt 102595.00-M-0952 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 September 1, 2000 CERTIFIED KLUL 970001670 0005 7378 6546 RETURN RECEIPT REQUESTED Mr. Dick Thompson, President B & D Developers PO Box 777 Carolina Beach, NC 28428 Dear Mr. Thompson: i � • T NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Offsite Drainage Crosswinds Subdivision Stormwater Project No. SW8 930710 New Hanover County The Division of Water Quality has been informed that Mr. John Baker has been. ordered by a judge to open up the Roseman ditch. The opening of this ditch will allow runoff to enter into the Crosswinds pond which was not designed to accommodate it. As before, your options are to either reroute the runoff around the pond or redesign the pond to accommodate the runoff. Please provide a written response regarding your proposed actions by October 1, 2000. Prior to opening the ditch you must have done one of the two things outlined above, or you will again be considered in violation. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS1arl: S:IWQSISTORMWA'f' LETTERS1930710-2.SEP cc: Linda Lewis Beth Easley John Baker 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 93071D Subject: 930710 Date: Wed, 13 Sep 2000 09:11:26 -0400 From: Linda Lewis <Linda.Lewis@ncmail.net> To: Jeanette Powell <Jeanette.Powell@ncmail.net> Dear Jeanette: Thanks for the responses to my last emails. I have another one for you. Do you remember the Crosswinds pond? They had a lot of offsite runoff which had not been accounted for in the original submittal, which was back in 1993. A Certification of Compliance was issued, not a permit. It was causing a lot of flooding for the people in Crosswinds. Once we were able to verify that there was a problem, and who was causing it, we required that the Certification holder either reroute it or account for it in the pond's design. Well, he elected to completely shut off the flow and as a result three homeowners in the area were flooded. They sued him and won. He is now under judges order to reopen the ditch. I sent another letter repeating the same options as before. They want to try to resize the pond. The only trouble I am having is that in 1993, we did the pond calculations different than we do today. The subdivision is an overall low density project, with the pond required because of the collection system. As was common practice, the pond design was based on a project area that included only the R/W as 100% impervious. Since offsite runoff was not specifically addressed in the old rules, the practice back then was to account for offsite runoff in the volume only, not as part of the SA/DA ratio. Question - How should the engineer design the pond - based on the old practice or the current rules? I'm not sure how this would go over with the lawyers and homeowners, but I think that using current design methods will probably result in a required pond size that will be too large to fit into the available space. But then again, in order to protect the State from future lawsuits, we may have no choice but to require that the pond be resized based on the current version of the rules, or that the offsite runoff be bypassed completely. If you need more info call or email. Thanks, Linda Linda Lewis <Linda.Lewiskncmail.net> 1 of 1 09/13/2000 9:12 AM r (o0 Boot rACE 2791 ) 0�190 THE ATTORNEY PREPARING THIS DEED DIP NOT CONDUCT A TITLE EXAMINATION OF THE PROPERTY AND THEREFORE NO CERTIFICATION AS TO TITLE IS MADE. NEW MOrIR COUNTY we 01116 2000 $46 .00 rcnetl �„� p Real etas � ® .;4'1 Excls Tax Bsoiro Tax 2001 AUG 16. PM 4: 20 RECORDED SUE VERIFIED OT.S IEO RE61SiER OF DEEDS j NFld IdANDVI I CO,HC lieooedi ft Time. Book and Tax Lot No. Parcel Identifier No. �7120-006-006-000 ................................................................................. Verifiedby ..............;...;.:................................................. County on the ........... :.... day of .. ......... :... .............. _.............. .......... 19.,......... b7 hallMier r"I rding to............................................................................ I ............ .............................. - 2 . This instrins# cost preparad by ...... RClber.tAL.30htISW.A1 t0=V.at.LaYI_............ ................. ......... _............................. . Brief description for the Index 4 wI1F s NoIrM CAROUNA GENERAL WARRANTY DEED THIS I)MI) osAe his _. .day o! ....... A!! u.S.4 ... 2000........... _ 19.......... by and between s: KEVIN 7. CALLANAN and wife, ri R.. 7AME5 and wife, HAR IET H. TAMES LISA CALLANAN 000181 SO46 Out Island Drive Wilmington, NC 28409 haler in apeeslelete Meek for mob W671 aenle, addnne, sd, B a7gnp ae, ekaraeter of aniBf. as asrlsraien er The designation Grantor and Grantee as said herein shall include said parties. their halm, successors, and malsns6 mid shall include @Junior, plural, masculine, fendnino or neuter as required by context. WITNESSETI , that the Grantor, for a valuable consideration paid by the G.•rantee, the receipt of which is. hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fes' simple, all that certain IA or parcel of land situated in the City of .. ............................................... .......... I ............................................:. Township. —... Ne1N..Hano.Y.Gr..... County, North Carolina and more particularly described as follows: Being all of Lot 216 in Section 4 Crosswinds Subdivision as same Is shown on map thereof recorded In Map Book 34 at Pages 101 and 102 of the New Hanover County Registry, reference to which is hereby made for a more particular description. MC. v1 Aece-. TXG Me..t 0 S"O 1"M11A Sawr. BOOK PAGE 2791 0491 The property bereinebove described was acquired by Grantor by Instrument recorded in.............................................................. Hook1897, Page 63.0 ................................................................................... ...................................................................................... ................ ..................................... A map showing the above described property to recorded in Plat Book ., .:.........................•...... page ........ •................ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonsins to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seised of the prene fees In fee simple, has the right to convey the some in fee simple, that title is marketable and free and clear of nll encumbrancee, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinanoss, statutes and regulations; 2000 ad valorem taxes; all applicable restrictive covenants and utility easements of record. at y Nf waNess- wrsataol, the Gramm ras hmmme set his hand mad at It tponr Mat tract « at day an you Maa wr y Mr IN Me dW an1MK6N dfken sad IY "d to be bereaate ar4N r sty w 7 D ......---.._..........................................CKpmata Nurse) -----•-- ; - ' J -•-•-----•---------•-._....._..._.ttaAW ]MY :...._...._.... ----. •..ode.......___.--•---•__••----••--- ; J -= Y_':1 J....................lerAld 31T B. ......... . - . tV\ ATTAIM ____________________tegAw --------------------------- N{� Cory (cerperato seal) ;e ......................teaAL) NOIITr CAnOwNA, LA� AtJ b 0. --- Coamr. Potato and afermoK v r e 3 t� ar R r uos of W and wife state � Certify Vast, _........................ ............ m$ Bruce James and , H. James onatK, ----- --------------- •� penenaft appeared before. me ehk day Was uheetila4ed W "Mad" d W tarerrdar l adram"L lrllnara my Phad zed stnem .tams or seat, Uds g yy w of ---t— ill--c�us--tf— Z000----(-.............1e----� my aomsWMeaN FdbYNgY --I ►_it ooj :;! Q, :M NeWr rob" arA4iTAN! NonTr CANOUNA- _________________________ ------Comtr. I. a Notary Pehlk of W County and State nfmmW, KNW That .......................................... y pm"naW came before as thk W ad ackm*WMid mat .... IW -k ........................... fkeralaly of ____------------------------- a North Camme eowarmiw4 and that by aetherry ddr given ud a W set d W earlaratloa, W 0%,,Smai Wtraawd was algaed a No acme by Me x rroddnt. Vetted with Its earg"aq out a" Slanted by ----------- M no --6...................... search wy. .......day of :....... It.....-... Wlllteta my head ad otrktal damp K, seal, thM .................... oaplrea: _ ^ .-_-&• 7-1 ....... — ---- Rolm MISS The fersretog CortlfkateW of ------------------------------------------------ be correct, Thk lastreeneat zed thk cee11fk&tA are tidy feg4te!ed at UA data ead tl€ae ape 'a the� raowa m at tint sage heeeor. .�•• _ `------------------------- berm or Dtfaoa ........................ • •.JiL_ .. ._.___..'..^_•_•_------ Depaty/aarMW•rgldar at Deeds K,C• N:.Q AMI !rests bee. 2 0.8e1e. ftatkd tp11. PARCEL. NUMBERS ROZ114-005-008-000 R07120-007-017-000 R07114-005-009-000 R07120-007-018-000 R07119-010-004-000 R07120-006-017-000 R07119—OZO—n,35-000 R07120-006-019-000 R07120-006-012-000 R07120-006-020-000 R07120-006-013-000 R07120-009-005-000 R07120-006-016-000 R07119-007-007-000 R07119-007-008-000 'NEW 11"OYEa COUNTY NC 06/07/2C R07119-005-017-000 rr R07119--0.03-020-000 R07119-005-022-000 QppfN +* R07119-005-024-000 OUNA A` '� Real Este R07120-006-008-000 Excise T R07120-006-010-000 Excise Tat $890.00 BOOK 75 9 034 7 2000 Jul", -1 P►1 G-1t5 ii Recording Tlme, Rook and Page TaxLot No. .. ... .............................. ............... Parcel Identifier No............................................................... Verifiedby ................................................................ County on the ........... day of ........-...................... ._.... ......... , ........... by.......... _ .. ............. ......... ........... .................. ........................... .... .............................. Hail after recording to GOLDEN,. ROAD„ GROUP. LLC._,,,., ,,..+,,,,,,,,,,,,,, , .............. ?o.. Bob....?. .?....,.C,Meoan....f wtc .....NL....3$$.................................................... ...................._... _. This instrument was prepared byALL.IN_, MD,_NACDON41A/.LRW,, ,217 , NORTH„FIFTH„ STREET,,..WILMINGTON, ,NC..23.401 Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED. THIS DEED made this ...nth •„ day, of, .. JUNE 2000 by and between GRANTOR GRANTEE B&D DEVELOPMENT CORPORATION, A NORTH CAROLINA CORPORATION 0161 GOLDEN ROAD GROUP, LLC F Frier In appropriate block for each party: name, address, and. If appropriate, chancier of entity, eq. corporation or partnenhlp. The designation Grantor and Grantee as tined herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknnwledged, has and by there presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that certain lot ur parcel of land sittiated in the City of ............. Township, NEW HANOVER County. North Carolina and more particularly described as follows: BEING all of that tract of land as shown and described on the attached Schedule "P. and made a part hereof, as if fully set out herein. R*m to Aum and MzDMMD 211 N. Ss St. ftgnpizl.NC2WI r N,. 1•w+• 1 �wM M• i � la'n. Rt•aed � IV7'1 r.w w•A... • u.,.s r. �n. r.n...w�-. a t am,s BOOK _ ._..... PAGE 759 03t18 The property hereinabove described was acquired by Grantor by instrument recorded in ............................................... A snap showing the above described property is recorded in Plat Book .....................1 ......... page TO TIAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor Is seised of the premises in fee simple, has the right to convoy the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will'warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. RESTRICTIVE COVENANTS OF RECORD, IF ANY. 2. EASEMENTS FOR UTILITY SERVICES OF RECORD. 3. ZONING AND/OR SUBDIVISION ORDINANCES AND REGULATIONS, 4. 2000 ADVALOREM TAXES FOR NEW HANOVER COUNTY. IN WIT)ealS WNEREOr, the Granter hee hereunto eel his holes1 s and Seal, or If ceprPerara, has -eased this Instrument to be sod In Itscorporate owe by its duty anneerhed offleerh and its SCSI to be hereunto affixed by authority of Its board of Utreclufe, the day . year first sb"a written. A�4_alp.YF.4S1Fl9 lT._CS1R>'OAAxIQN---•--•.. •..... ------------------------------------------------------------- MAW (corporate O by: _ •-• ------•---•— - _llEAL) ............................ president ATTEST: ______________(eEAL) _.,_-______.. __ _______________________________________ m id -•----___________ ___________leereury ICoryonle lean H W------------- _...... ----------------------------------------- (eEAL) NORTH CAROLINA----------------------------------- Can bly. a 1. a Notary Public of the County and stale aforesaid, certify that _._•______ ............................... ---------------- _---------------- -------------------- ---------------------------------- ............. Grantor. ipersonally appeared before me this day and aehhewledtad the eeecutlon Of the fW911oing lnstrumeaL Witness my jhand and official stamp or seal, this ________ day of _______________________ Notary Public pfffiv 0% NORTH CAROLINA, __R9N-A0MPYI;,C --------------- county. /� Vt. WAga 1, a Notary Publle of the county and State aforesaid, eeruly ihat _. pl� 1 1 a Personally Came before me this day and acknowledged that he In ___________________________ Secretary of v i►p O ad B6D DEVELOPMENT CORPORATION _ a petty Carolina cerporatbs, and that by authority duly Z. .. Z 0 giver and as the act of the corporation, the tangetng fumes% was *aped In its name by its ............... +� PtJS\.� ' Y President. "sled with it. corporate goat aN aNeefed by -:.w _. u No ............................ Secretary. ' `+...... Hunan my hand and einced stamp w seat, was 7t�h q�y ay/� ___• g____ _ 3945!_. Hy eommlaslou C.Plres:,_V .�twZl�_____ 1' ir►t_gr�rrF�f1 Netarr PwbHe The ferreslnt Certillcalels) of ,____-__ _ _ . _ ----------------•----•--••••-- , -- - -•--�-- w"'=------. "I* i — ry iC.------__-_-_----------------- -•- -- ,.------------------------------------------------------------•------------•- es are ortlhed le be Coffee% The. instrument C'A title Car recta see ':ay "Sldered eI thea s data and tm and Is the boot: and Page deepens an the rer.l Vaae %Heal, -.`)1. ....._-•--s.'... ------------- _�•1-r-�-- ---------XGeah6m OilDZ=a Von.--------�iaPi.i7i ._....cov11'rr _. ___Dgetl/Aaslemwe. brgNlef N DasW \ \ as Mow turf N. t G 11116, as-vni C 1977. a.....-....♦ co, ,,. e.. t%., m..r n C rasa BOOK PAGE 2759 0349 GOLDEN ROAD GROUP, LLC LOTS TRACT ONE: SCHEDULE"A" BEING ALL OF LOTS 35 AND 36 SECTION I WEDGEFIELD AT CROSSWINDS SOUTH AS SHOWN ON MAP OF SAME DULY RECORDED IN MAP BOOK 33 AT PAGES 240 AND 241 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO 1VHiCH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. TRACT TWO: BEING ALL OF LOTS 214,215,217,218,221,224,225,228, 231,233, AND 235 SECTION 2 WEDGEFIELD AT CROSSWINDS SOUTH AS SHOWN ON MAP BOOK 36 AT PAGE 349 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREB.Y.:. • MADE FOR A MORE PARTICULAR DESCRIPTION. . TRACT THREE: BEING ALL OF LOTS 218 AND 220 SECTION IV CROSSWINDS AS SHOWN ON MAP OF SAME DULY RECORDED IN MAP BOOK 36 AT PAGE 43 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WIMP. IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. TRACT FOUR: BRING ALL OF LOTS 317,318,337A,338,339 AND 345 SECTION V CROSSWINDS AS SHOWN ON MAP OF SAME DULY RECORDED IN MAP BOOK 36 AT PAGE 202 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY WME FOR A MORE PARTICULAR DESCRIPTION. F: ,4.''; t ham•: • .. � .. / - ' - TI I4 '.�� f 10 , LPARCF.L NUMBERS: R07114-001-025-000 R07114-00.5-007-000 R07115-010-035-000 R07119-009-004-000 R07119-009-005-000 R07119-009-007-000 R07120-006-014-000 R07120-606-015-000 R07119-007-005-000 R.07119-007-006-000 R07119-005-026-000 B07119-005-027-000 R07119-005-028-000 R07120-006-011-000 R07120-007-001-000 R07120-007-008-000 R07115-010-046-000 R07120-007-010-000 R07120-007-011-000 R07120-007-016-000 R07120-006••018-000 2759 HANOVER COUNTT NC 06/07/2000 19 $890,00 � t cpps jpLIMA .Sea1 Estate Excise Tax PAVE 03Gy 2000 JUN -7 PH b: 47 MA I,,Y i!1; dill i rE1•Ir,ia.-j,: ens w •t:t�l!� Excise Tax $890.00 [ Recording Time. Book and Page Tax Lot No... _ ..... Parcel Identifier No. ............ :. ........ .,.. .. ...... ........,.... Verified by .... ... ... .............. .. .... County on the _ .. d:iy of ...... _ . . _........... , by...................... ...... ............... ...... ......................................... Mall after recording to ,_WILLIAM.. K....TRASK ._ ..... ...........I.�yo.s... bp�n4no. L*v-,, W- , S... n NL............................. ................ This instrument wau prepared by .. Allen. and .Macnonald/lrw..217..N...Fifth Street, .Wilmington. NC 28401•: Brief description. for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this _1th .., day of . ., ..... ..,tune 2000.... by and. between GRANTOR B&D DEVELOPMENT CORPORATION, A NORTH CAROLINA CORPORATION ri114 GRANTEE WILLIAM K. TRASK Voice In appropriate block for each party: namr. address, and. U appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context:. KITNESSETH, that the Granter. far a valuable consideration paid by the Grantee, the receipt of which is hereby acknowleds•ed, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Township, New Hanover County. North Carolina and more particularly described as follows: BEING all of that tract of land 4a shavn and described on the attached Schedule "A", and made.a part hereof, as if fully set'out herein. RdOM Ito A11M KA MUDW" 217 N. 56 SL, Wilndop n, NC 2WI BOOK SCHEDULE "A" 7 , PACE 9 0366 WILLIAM K. TRASK LOTS TRACT ONE: BEING ALL OF LOTS 1 AND 34 SECTION I WEDGEFIELD AT CROSSWINDS SOUTH AS SHOWN ON MAP OF SAME DULY RECORDED IN MAP BOOK 33 AT PAGES 240 AND 241 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. TRACT TWO: BEING ALL Of! LOTS 202,208,209,211,219,220,222,223,237,238,239 SECTION 2 WEDGEFIELD AT CROSSWINDS SOUTH AS SHOWN ON MAP OF SAME DULY RECORDED IN MAP BOOK 36 AT PAGE 349 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. TRAC:T.THREE BEING ALL OF LOTS 221 AND 229 SECTION IV CROSSWINDS AS SHOWN ON A MAP OF SAME DULY RECORDED IN MAP BOOK 36 AT PAGE 43 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS i1EREBY MADE FOR A MORE PARTICULAR DESCRIPTION. TRACT FOUR: BEING ALL OF LOTS 304,305,310,311,316 AND 337 SECTION V CROSSWINDS AS SHOWN ON MA'S' OF SAME DULY RECORDED IN MAP BOOK 36 AT PAGE 202 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. BOOK 2759 PAGE 0365 The property hereinabuve described was acquired by Grantor by instrument recorded in ...... A map showing the above described property is recorded in Plat Book ... page .. ........ .. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And life Grantor covenants with the Grantee, that Grantor Is seared of the premises in fee simple, tine the right to convey the same in fee simplt: that title ii marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. RESTRICTIVE COVENANTS OF RECORD, IF ANY. 2. EASEMENTS FOR UTILITY SERVICES OF RECORD. 3. ZONING AND/OR SUBDIVISION ORDINANCES AND REGULATIONS. 4. 2000 ADVALOREM TAXES FOR NEW HANOVER COUNTY. IN WITNESS Wllaa■OF. the Orenist has hOfernIO set his hand and stet. or if eorporeta, has caused this Ihatrument I be aimed in its rarYOraN bust by Its duly anlherked Officers and its seal to be hereunto affixed by authority of Its board .1 Directors. the day an year first abet'. William. B&-D DEVELOPMENT CORPORATION. _ �, -----------------------------(SEAL) .............. O br..�Scampers am.) i X. ............................president ATTEST: ...... ...... ........ ... ...SearelerY lC•eporat. small ....................................................(SEAL) _------- _....... _----------------------------- UEALI, Nalryll CAROLINA_ ---------------------------------- County. st 1, a Notary public of the County and State aforesaid, certify that ........... ............................... �i-------------------------------------------------------------- -._•---------------- Orates. Farwnalty app-red before me Wis day and aerrowledaed the execution of the fort■uNS instrument. Wltana MY 6xi haled and official .lamp or se►L this ........ day of ......................................... ...... MYea:m ntWou expires; ------------------------------ ---------------------------------------- Notary Fuhlk New Noastt cARanov aoarNA.-----.•-----------•-er ---------------c...ay. '���yy "-� W44, /11"" L a Nsaary FO►Ik at the county ad state aforesaid. certify area ._JCt1.r1-).f �1 . g...--.-. ` •perasleally came before me 1W day tad acraMedaed Was _ _ he ke _ .Secretary OR�OTAR} %_ d B6D Development Corporation a Nes ' r. a _-_-.-.--.--.--__-_-_ W Cerullo.eorP•ratNs, sod that b7 arlberLLy duly _ : Z _a Ekes and as We act of the torp•rallole, the tolesl•S to famse■t wu slsrd in Us —on by as ............... UBL m S G et po Freudeof, sealed with Its Corporate a." d agaealt: by _ _ (� $� ;A' ... 1• 0 �Z , wiWe my read and officialstamp •r a.al. WiZ�h--_ •a June - 2000 I� y OVEgttC+�,00 cnmmtmlms exptr-J_ My rs --�1r1Q :Q3----- --- ---- ----- --- ---_^.r_-I-!`_F--- --------------- Magary Fww Th. Ireryolut rrsuhrslelN of .......... ... ... _..._ '..........T_-.._.._.___...._.__ - ---._....... 7ti --�'___` a ........� ii ltibjlc ............................ ... .... _. ........... —..._........------------- ------------------------------------•—••.r----------------_-_-------- 1. ate .nithed to br !.,fact. Take laurum••t and Wke errtMleaM are duly reaketer.d Al We date and Name mad b the flesh and pal• eNo ale W Ahl pa[r M`re..1 YM SUE DOTS New Hanover .. .... ...........__...._.....__.._......._........__.sEG[STEA OF DEaDs FOAL ......... ...... ..................... CDI/MTT --._..-.._-D.pa[yrAtslet•atr boeWes r Moo/a 1 i I.1. arro.aa ( let* ..�.....�..a. rr. A—— ..• ime ssas . ... -.....fir .. r . .a ..ri. ;.. SATISFACTION: The debt secured by thewitho Deedof Tnnt IoS,d with the "OWN secured omehy has beers atisBed in ha. Thh•lse ,dayof Signed: .., 6 Z7Ss a373 7J19JM-7 PM 4�48 RECORD'D At-4i 4`= S{I� {`�cJ MARRaj i S REGISTER aewrdinF rime. Book and rare Tax lot Nx rand tdertti&r No. verifudby Counsyonthe dayof t9� by 161W after recording w This instrument prepared by. Allen and MacDonald/ley, 217 N. Fifth Street• Wil=inaton. NC 28401 Brief DeTcdption for the indnr NORTH CAROLINA DEED OF TRUST THIS OEEDofTRUST made this 7th dayof June 2000 xy: , by am GRANTOR WILLIAM K. MSK .,,, I r?17 TRUSTEE L. CLEASON ALLEN BENEFICIARY BAD DEVELOPMENT CORPORATION Enter in appropriate block Ear each party. name, address. and. if appropriate, character of ereity, e.g. cmWafem or partnership. she dessgnation Grantor. Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, mavuhne, feminine or neuter as required by contrsd. WONFSSETH. That whrFras the Gawo, is indebted to the Beneficiary in the principal sum of ONE HMMPJM F M TNO1c ND AND HO/100 ------------------____-____ -------- W_____ Odfars(3 150,000.00 .n miciensed by a Promissory Note of esen date hereavt�hite,he terms ofwhich are incorporated herein by mi ence. The final due date for payment of said Promaaory Nnte, if not sooner paid, rs lsaya on demand NOW THEREFORE as serurxy for %aid indebtedness advancements and other wins expended by Bendciary pursuant ro this Deed of Trust trid costs of a nllet non {including attorneys fees as prosded in the Promissory Note) and other valuable consideration, she receipt of which is hereby acknowledged, the Grantor has bargained, said. given granted and conveyed and does by thew preseres bargain. sell, give grant and convey to said Trustee, his heirs, or successors, and a—ig- iheparrehalofland situated intheCityof Township, New Hanover County. North Carolina, ( the "Fhenrisn"l and more paniculadydescnbed asfolfows- GI•UNG all of that tract of land as shoran and described on the attached Schedule "A". and made a part hereof, as if fully set out herein. (rj7J.)4 131;ra,Lra sY Rd= to MIM wd MocDMAID 217 N. 5% SL, WIIDDIj,1C 28401 a.• ..-1 -n-r. x,•...o l aryarm4P. sort. • ermre sr sewer W% Para c ar urea - tast • a..w lsfaer a rot, tin • trr m • r.ae.ar. ec zaoa BOOK I— 374 Ili Ilwk-0 TV now iwJMyl�iB WwrYRnat�altlY/Yllwan JltlwwrrJwMwerl. mud idJrr.1-ftftItl[d/1lrMa,J nITFu Lwwe Iq•w 111e 1NM.Irrb1 ewltW4lJawn a.W M1w Yr rT, M'a raw wl k.* Itr yM1wmil W Jw 1uYr JWI AwJ•e rwtlr. wrY+IrMetllrlwlls arlJw.rr w+wvIMNaYYwwnMra.rrllrJMrtlw IrbYw w,W b IwxawlrlB w altlipalN 41YNrd alk r hvYrp W r nW I...a>,..1,.. .a. 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TRASK LOTS TRACT ONE: BEING ALL OF LOTS I AND 34 SEC'ITION I WEDGEFIELD AT CROSS'�'DS SOUTH AS SHOWN ON MAP OF SAME DULY RECORDED IN MAP BOOK 33 AT PAGES 240 AND 24I OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. TRACT TWO: BEING ALL OF LOTS 202,208,209,211,219,220,222,223,237,238,239 SECTION 2 WEDGEFIELD AT CROSSWINDS SOUTH AS SHOWN ON MAP OF SAME DULY RECORDED IN MAP BOOK 36 AT PAGE 349 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. TRACT THREE: BEING ALL OF LOTS 221 AND 229 SECTION 1V CROSSWINDS AS SHOWN ON A MAP OF SAME DULY RECORDED IN MAP BOOK 36 AT PAGE 43 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH 1S HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. TRACT FOUR: BEING ALL OF LOTS 304,305,310,311,316 AND 337 SECTION V CROSSWINDS AS SHOWN ON MAP OF SAME DULY RECORDED IN MAP BOOK 36 AT PAGE 202 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. s P. 1 I COMMUNICATION RESULT REPORT ( MAY.23.2000 9:43AM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE ---------------------------- ---------------------------------------------- -------------------- 606 MEMORY TX 9-7636561 /'� OK --� P. 1/1 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION State ofNorth Carolina DePartment of Environment and Natural Reso=es Division of Water Quality ' Vi ml gton Regions]. Office James B. kIunt, Governor FAX CGVLR SHEI+ T Bill Holman, Secretary Date: May 23, 2000 I To: Michael Murhisan, .Attorn Fr of Panes: 1 .50*� Company: Murchison, Taylor Gibson Wotter Linda Lewis Quaw Section - Stormwater Attorneys at Law FAX #: 910-350-20p4 FAX #: 763-6561 Phone #: 9I0-395-3900 DWQ Stormwater Project #SWS 930710 Project Name: Crosswinds Subdivisions Detentiou Pond SSACL: Mr. Murchison: d tb-- wording d be acceptable to me regarding the bypassing of the afi -fie r=ff, Assuring that the offsite runoff is bypssW awtmd the Crosqw nds detention pond, the type of conveyance used to achieve the bypass, ie., a ditch or a piped syst=4 is not an issue with the Divi:Rinn of Water State of North Carolina Department of Environment and Natural Resources James B. Hunt, Governor Division of Water Quality Wilmington Regional Office FAX COVER SHEET Date: May 23, 2000 To: Michael Murchison, Attorney Company: Murchison, Taylor & Gibson Attorneys at Law FAX #: 763-6561 Bill Holman, Secretary No. of Pages: 1 From: Linda Lewis Water Quality Section - Stormwater FAX #: 910-350-2004 Phone #: 910-395-3900 DWQ Stormwater Project #SW8 930710 Project Name: Crosswinds Subdivision Detention Pond MESSAGE: Mr. Murchison: The following wording would be acceptable to me regarding the bypassing of the offsite runoff around the Crosswinds pond. Assuming that the offsite runoff is bypassed around the Crosswinds detention pond, the type of conveyance used to achieve the bypass, ie., a ditch or a piped system, is not an issue with the Division of Water Quality. S:\WQS\STORMWAT\LETTERS\930710.MAY 127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004 An Equal Opportunity Affirmative Action Employer May 13-00 10:36 From-MURCHISON TAYLOR AND GIBSON LLP +9107636561 T-624 P-01/02 F-996 IdURCHISON, TAYI.OR & GIRSON, L.L.P. ATTORNEYS AT LAW 16 NORTH FIFTH AVENUE WILKENGTON, NORTH CAROLINA 28401 W. =BAY TRICE Telcpbooe 910 76444Yb G. SUPREN PMa WAIL'_"" C MUBCAISON =r�cgspvile 91Y 765-4561 JAWS W. L&TSHAW Retired b'S--.NCFS Y. TWX JOSEPS O. TAYI-OR, JF. CON STGP8k:R d. MONAND "DREW 8 RCVEY FBAZX B. G10913N, JR- yaCHAHL MURCM50N TE1..ECOPIER TRANSMITTAL. COVER SHEET DATE; May 23, 2000 TO: Linda Lewis FAX #: 350-2004 FROM: Michael Murchison REFERENCE: Baker Precythe DeveloPmeut — I enclose a revised letter which hopefully addresses your comments - MESSAGE IS CON EN IA I _ THE @iFORM FTOR�O QN 1NT�NIN DFp � L FOR THE Z7F THE LEGALLY PRIVILEGT �� CONF[DF.NTlA1-1lVfINTINDED INDIVIDUAL OR ENTITY NAMED ABOVE. IF TtW� WE�ER OF � ON�U�(.STRIBUTIONT A COPYI<1VG OF THJS RECITIENT, YOU ARE HERM NOTIFIED THAT TEL ECOPY IS STRICTLY Pit01il81TED. Y U HAVE AND RETURIVCTH ORIGINAL MESSAGE T� s AT THE NOTTFV US IMMEDIATELY BY TELEPHONE ADDRESS SHOWN ABOVE VIA THE tJN1 ED STATES POSTAL SERVICE. There are 2 pages in this transmission, including cover sheet. If receipt is interruPwd and/or incomplete, please call (910) 763-2426 and ask for Joyce. May-2.3-00' 10:39 From-MIURCHISON TAYLOR AND GIBSON LLP +9107636561 T-824 P.02/02 F-996 May 23, 2000 David A. Nash Hogue, Hill, ]ones, Nash & Lynch 101 S. Third Street Wilmington, NC 28402 Re: Roamnan ditch Dear Mr. Nash: The position of the North Carolina Depamnent of Environment anti Natural Resources, Division of Water Quality, with respect to the Roseman ditch is that it cannot be run reopened unless the Crosswind detention Poems are e off -site to runoff from the Roseman property signed to account for Off -site Off fr� om the Roseman property and Hidden Valley or th Hidden Valley is rerouted around the Crosswind detention ponds. If either of these conditions are met, the Rosernm ditch can be reopened. Assuming the off -site runoff is bypassed around the Crosswinds detention ponds or the Crosswinds detention ponds are resized to across the Masenboro Village proper[y,�e-,t��t h e of conveyance used to convey the off -site runoff or a piped system, is not an issue with the Division of Water Quality. Sincerely, Linda Lewis MNLjmb 20498 P. 1 * * * COMMUNICATION RESULT REPORT ( MAY.22.2000 FILE MODE OPTION ------- ---------------- 564 MEMORY TX REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) 97636561 ------ 9:22AM ) TTI RESULT OK NCDENR WIRO PAGE -------------- P. 1/1 E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Departmmt of Enviromuent and Natural Resources Division of Water Quality Wilmington Regional office lames B. Hunt, Governor Bill Holman, Secretary FAX COVER $HELT Date: May 22, 2000 No, of pages: 1 To: Michael Murchison From: Linda Lewis ot-0-0 ComPan r: Murchison, Taylor & Gibson, LLP, Attorneys at Law Water duality Section . Stormwater FAX #: 763-6561 FAX #: 910-350-2004 Phone #: 910-395-3900 DWQ Stormwater Project #8W8 930710 Project Nance: Crosswinds MESSAGE: Regarding the letter you faxed on May 19, 2000: The second paragraph needs to be changed. If the wetlands that the Roseman/Hidden Valley drainage wiU be routed to ar-O tl,e same w0flunds on the Baker property that it was draining to originally, then we're right back where we started. from. Any ditched or piped rerouting of the offsite runoff will have to completely bypass the pond, State of North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office James B. Hunt, Governor Bill Holman, Secretary FAX COVER SHEET Date: May 22, 2000 No. of Pages: 1 To: Michael Murchison From: Linda Lewis Company: Murchison, Taylor & Gibson, LLP, Attorneys at Law Water Quality Section - Stormwater FAX #: 763-6561 FAX #: 910-350-2004 Phone #: 910-395-3900 DWQ Stormwater Project #SW8 930710 Project Name: Crosswinds MESSAGE: Regarding the letter you faxed on May 19, 2000: The second paragraph needs to be changed. If the wetlands that the Roseman/Hidden Valley drainage will be routed to are the same wetlands on the Baker property that it was draining to originally, then we're right back where we started from. Any ditched or piped rerouting of the offsite runoff will have to completely bypass the pond. Placemer_t of an open ditch through the Baker property will be important. The ditch cannot take in any runoff from Crosswinds that is meant for the pond. S:\WQS\STORMWAT\LETTERS\930710.MAY 127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004 An Equal Opportunity Affirmative Aetibn Employer May19-00 09:50 From-MURCHISON TAYLOR AND GIBSON LLP +9107636561 T-779 P-01/03 F-801 MURCHISON, TAYLOR & GIBSON, L.L.P. ATTORNEYS AT LAW 16 NORTH FIFTH AVENUE WILMINGTON, NORTH CAROLINA 29401 !' ALIACE C. MURCHISON T'eloph"a eld 64-U26 W. BERRY TRICE Rourad Faeaunde 910 763-8561 Q. STEPHEN VIAB •■o JAWS W. LATBUAW JQS . O. TAYLOR, JR. FRANCFS Y. TRASK FRANK B. GIBSON. JR. CHRISTOPRER J. LEONARD AUCIL&EL UMCHLSON ANADREw g. uCVEY TIE LECOP1ER TRANSMITTAL COVER SHEET DATE: May 19, 2000 TO: Linda Luis FAX #: 350-2004 FROM: Michael Murchison REFERENCE: Baker Precythe Development Co. We are sending you the following: () for your information () for necessary action () per your request () for your approval () for your review and comment () for correction () for your files () per our conversation ttEntwttKs: CONFIDENTIALITY NOTE: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAWE.D ABOVE. IF THE READER OF'fHIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS TELECOPY IS STRICTLY PROHMTED. IF YOU HAYS RECEIVED THIS TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS SHOWN ABOVE VIA THE UNITED STATES POSTAL SERVICE. There are 3 pages in this transmission, including cover sheet. If receipt is intemipted and/or incomplete, please call. (9 10) 763-2426 and ask for Joyce. May-10-00 09:51 From-MURCHISON TAYLOR AND GIBSON LLP +9107636561 T-770 P-03/03 F-881 May 18, 2000 Mr. David Nash Hogue, Hill, Jones, Nash & Lynch 101 S. Third Street Wilmington, NC 28402 Re: Roseman ditch Dear Mr. Nash: The position of the North Carolina Department of Environment and Natural Resources, with respect to the Roseman ditch is that it cannot be reopened unless the Crosswind ponds are redesigned to account for an off -site runoff from the Roseman property and Hidden Valley or the off -site rwioff from the Roseman property and Hidden Valley is rerouted around the Crosswind ponds. If either of these conditions are met, the Roseman ditch can be reopened. The Department takes no position with respect to whether drainage from the Roseman ditch is rerouted around the perimeter of Masonboro Village property info the wetlands No or passes through rm open ditch crossing the Masonboro Village property. Either option would be perfectly acceptable to the Department. M M/ww Sincerely, Linda Lewis f f l�ls 2 e4t,,q �,nd w� 2 � ' dr ?7i1 ID pold, Yo �J2G�t✓ !4_7 becou'se iT P2ce � 1_f o4 �U1 / s in r��o rne2�f 2O49a May=19-00 09:51 From-MURCHISON TAYLOR AND GIBSON LLP +9107636561 T-779 P.02/03 F-001 MURICHISON, TAYLOR & GIBSON, L.L.P. ATTORNEYS AT LAW 16 NORTH FIFTH AVENUE WILMING TON, NORTH CAROB INA 26461 WAI.IACR C. MURCHISON Tdeg6oao Sig 76S "* W. BERRY TRICE ReLueJ Facausale via Mi orpoi G. S'I'al mum DIAS *r* JAMES W I.ATSAAW JOSEPR O TAYLOR, JR. FXA1gCLS Y. TRASK FRANK B. GIBSON. JR. CRWTOV#IR J. LEONARD MICHAfiL MURCHISON ANDREW K MCVEY May 18, 2000 Ms. Linda Lewis North Carolina Deparimcm of Environment and Natural Resources Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Fax No.: (910) 350-2004 Dear Ms. Lewis: h 5 The attor_ cy for Gene Roseman has placed a lis gendens on John Baker's property_ 1 have prepared a letter for your review which hopefully reflects NCDENR's position with respect to piping of the ditch vs. an open ditch. Please review the letter and call me to let me know if it meets with your approval and can be signed by either you or Mr. Shiver. Sincerely, MURCHISON, TAYLOR & GIBSON, L.L.P. Michael Murchison MM/ww Enclosure 3u498 W. TALMAGE JONES DAVID A. NASH WILLIAM 0. J. LYNCH JAMES B. SNOW, III WAYNE A. BULLARD STACEY L. FULLER HOGUE, HILL, JONES, NASH & LYNCH, L.L.P. ATTORNEYS AT LAW 101 SOUTH THIRD STREET WILMINGTON, NC 28401 May 10, 2000 OF COUNSEL: CYRUS D. HOGUE, JR. WILLIAM L. HILL, II MAILING ADDRESS P. 0. DRAWER 2178 WILMINGTON, NC 28402 TELEPHONE 910-763-4565 FACSIMILE 910-762-6687 Ms. Alida R. Lewis RECEIVED NC Department of Environment and Natural Resources MY 1 1 2000 127 Cardinal Drive Extension 2 Wilmington, NC 28405 BY' _ --- Re: tBNT Company et of vs- Baker Precythe Development Co. Dear Ms. Le A subpoena has been issued requiring your attendance as a witness at the trial of the above -referenced action in New Hanover County Superior Court on May 22, 2000. Although the trial is scheduled to begin on Monday, May 22, the trial may not actually begin until later in the week. You need not actually appear at 10:00 a.m. on May 22, but you should telephone my office at approximately 11:00 a.m. on that day so that I can let you know a more exact date and time at which your presence will be required. I will attempt to cause as little inconvenience to your schedule as possible and to get you in and out of court as quickly as possible. Should you have any questions in the meantime, please do not hesitate to call me. With best regards, I am Very truly yours, 4.594444 David A. Nash DAN/mp "�J.6 WK 0 1 C KES' 0 N' Engl .eers • Plgnners • Surveyors Landscape Architects November 16, 1999 BY�---30 %� Mr. Wyatt E. Blanchard, P.E. County Engineer New Hanover County 414 Chestnut Street, Room 101 Wilmington, NC 28401 RE: New Hanover County Comprehensive Drainage Regulations & Manual Dear Mr. Blanchard, Attached please find one copy of the slide presentation that was presented to the commissioners on Monday. If you have any questions please call. Very truly yours, W.K. Dickson & Co., Inc. Daniel E. Dawson, P.E. Vice President - i NOV 1 8 1999 S ENGINEERING DEPARTMEN Tt 909 Market Street 910.762.4200 Allanla, GA Hickory, NC :OBJECTIVE Present preliminary findings of a limited engineering investigation into the drainage issues of the Crosswinds and Hidden Valley subdivisions area, including potential improvements Cw]1CK5Gr4f AGENDA • General Background Description of Problems Assessment or Existing Condii ions • Potential. llmprovoment Alternatives Recommendations NEW HANDVER COUNTY CROSSWINDS I HIDDEN VALLEY DRAINAGE INVESTIGATION NOVEMBER 15, 1999 AGENDA • General Background • Description of Problems • Assessment of Existing Conditions - • Potential Improvement Alternatives • Recommendations CKSO u NEW HANDVER COUNTY Wilmington Wrightsville Beach Crosswinds Hidden Valley Area Carolina Beach Kure Beach ®wK OICKSMd - 111cKsorli ►UC34►1■7:1 • General Background . Description of Problems Assessment of Existing Conditions Potential Improvement Alternatives Recommendations FLOODED YARDS U IKKS OM RiCK6CiN FLOODING OF PROPERTY • Frequent -- Flooding from stormwater runoff --Storm surge problems not reported • Upstream of Crosswinds ponds • Downstream flow restrictions -- Tanglewood constructed in 70's - Inadequate improvements and maintenance - Historical flow direction in question _ .... - :... n cI.= :L in; REGULATORY COORDINATION • Multiple property owners and agencies Permits obtained, but not coordinated • No overall. coordinating agency �WK:: WK X3=KSON r.' 1% DICKSON AGENDA • General Background Description of Problems • Assessment of Existing Conditions Potential Improvement Alternatives Recommendations WK wK MICKSCIN WEST SIDE.OF CROSSWINDS Rand at Goitege Road — Overflow elevation below ditch bottom -- Pennitted to.operate with a small pump Downstfeam modifications not feasible • Collection system concerns —.Limited study focused on outlets first Local flooding not as severe as east side • Diversion to East possible 0 CK5ON INVESTIGATION • Study area divided into two basins —West side of Crosswinds — East side of Crosswinds & Hidden Valley • Hydrologic and hydraulic basis —County data & permitting records — NRCS (SCS) & COE techniques — Limited field surveys • Focused an outlets, not collection • Numerous alternatives investigated �MI�N WK IMICKSON CROSSWINDS 1 HIDDEN VALLEY WK IMCKSQM CROSSWINDS I HIDDEN VALLEY SIDE OF -CROSSWINDS & l�ndersized — Obstructed - 25 years of no maintenance —Any improvements will involve private Property and NCDOT roads • Upstream collection system concerns — More significant flooding than west side Study limited to outlets — Potential for additional contributing areas �I p ctKresntu EAST SIDE OF CROSSWINDS & HIDDEN VALLEY Whiskey Creek is SA (needs protection) - NC. DWQ discourages ponds — Prefers low density or regional altematives • Existing NC DWQ permit requirements • Limited routing options downstream • Land identified for increasing pond size • Potential regional facility site identified EAST SIDE OF CROSSWINDS & HIDDEN VALLEY • Ponds — Permitted by DWQ for 4-inch of rainfall — Outlet structure inadequate for 10-year storm with 6 to 7-inches of rainfall — Insufficient flood storage WK �v pRAINAGE PROBLEMS o lCKKSON AGENDA • General Background • .Description of Problems • Assessment of Existing Conditions Potential improvement Alternatives Recommendations POTENTIAL IMPROVEMENTS • west Side —No feasible options to College Road — Only option is diversion to East, if available • East Side — Modify downstream culverts and channels —Enlarge Crosswinds ponds • Reduce flooding • Would he required by NC DWQ for culverts -- Construct regional facility downstream wic . � C71Ct�Ci[1E POTENTIAL IMPROVEMENTS • Two Basic Options for Improvements — Modify Crosswinds.pands — Regional stormwater management pond • Both Options require outfall • Mahican Trail -Cherokee Trail Outfall — From pond to West Side of Cherokee Trail —Approximately 2,000 feet, 54-inch pipe — Estimated Cost $70D,000 — Common to all options Wic MCCKSON Increase storage and treatrftnt capacity Excavate ponds deeper - Requires adjoining land - Enlarge pond surface area (storage) -Enlarge connecting culvert • Estimated Cost $625,000 Pond capacity for Hidden Valley, Roseman and West side (195 Acres) crtssaru ®a CKsQnr Modify Crosswinds Ponds option Regional Stormwater Pond Option Downstrearp site. identified. • Provides treatment: for regional area Study area. 195 acres Existing frames without treatment 120 acres Existing homes with treatment - 94 acres Undeveloped land 12S acres Total 534 acres ■ Moves Crosswinds pond permitting requirements to regional facility - Estimated Cost $2,590,000 ® DICKSON Regional Stormwater Pond Option Pq entRai Upstream Improvements WECKi�[aru AGENDA. • General Background • Description of Problems • Assessment of Existing Conditions • Potential Improvement Alternatives • Recommendations wK c�rcresrsni Potential Upstream Improvements . Basic prerequisite - Crosswinds pond modifications, or --Regional pond • Reduction in localized flooding Hidden ValleylRoseman S 50,000. Crosswinds (Central) $ 200,U00. crbsswinds'(East Side) $ 50,000. Total $ 300,000. CHCK=N Potential.lmprovement& Summary `► Crasswirlds°pond modi�oatiarls -- Serves 195 acres at a east of $1,625,000 — Cast per lot • $3,619 • $26 per month (6°/e,20 years) • Regional! pond - Serves 543 acres at a cost of $3,690,000 Cost per lot. • 0,098 • $22 per month (6°/Q,20 years) o 1�om NEW HANOVER COUNTY Crosswinds Hidden.Valley Area 10o Cresoee NEW HANOVER COUNTY ` 'i998 Annexation F DICKSON SOUTHERN COUNTY WATERSHEDS NEW HANOVER COUNTY Annexation NORTHERN COUNTY WATERSHEDS D Recommendations • identity funding sources • Develop of a comprehensive stormwater management program • Develop county wide policies Rules and regs. to prevent future problems - Prioritize improvement projects - Coordinate with other agencies -- Consider establishing stormwater dept. • Pursue regional option first o:Cxsnni NEW HANOVER COUNTY ��ovfR ray IT. 0RTH�� CROSSWINDS I HIDDEN VALLEY DRAINAGE INVESTIGATION NOVEM13ER 15, 1999 WK DICKSON EXCX(=Pd CROSSLEY MCINTOSH PRIOR & Arroumn AT LAW 616 MARKET STREET WILMINGTON, NORTH CAROLINA JOHN F. CRossijw Doumm F. MCINTOSH FRANCIS B. PRIOR CLAY ALLEN COLLIER H. MARK HAMLET Umum H. MACRAE ANDREW HANL Y ASHLEY M. EDWARDS BRIAN E. EDES •RL'm= Lori W. Rosbrugh, Esq. LEA, CLYBURN & RHINE 8 S. Seventh Street Wilmington, NC 28401 Dear Lori: October 16, 1998 �1 OCT 19 1998 BY. fG?�� HAND DELIVERY (MAILING ADDRESS: P.O. DRAWER 740 WILMINGTON, N.C. 28402-0740 TELEPHONE 910n62-9711 FAX 910/251-0446 E-mail cmpc@inttek.com RE: Your Client: Crosswinds Homeowners' Association My Client B&D Development Thanks for your fax letter of October 2 which I received on October 9 regarding the above -captioned matter. We talked about this case yesterday. Please allow this letter to confirm and supplement our conversation. B&D is glad that the Crosswinds HOA has agreed to assume maintenance responsibility for the drainage system in Crosswinds. As we discussed telephonically yesterday (and two weeks ago today), B&D does not require, and the Crosswinds HOA is not obligated, to maintain that part of the drainage system which is beyond the bounds of the Crosswinds Subdivision. In fact, Wedgefield has an identical Declaration of Covenants, Conditions and Restrictions to those which apply to Crosswinds. Both Wedgefield and Masonboro Village are responsible for maintenance of that_ part of the drainage system which lies within their respective property boundaries. The Crosswinds HOA will have no maintenance responsi- bility beyond its property boundary. We are informed and believe that Masonboro Village and Wedgefield have assumed their mainte- nance responsibilities. We also have discussed the issue of offsite water flowing from outside the natural drainage basin into the Crosswinds system. As you know, through the efforts of B&D Development, an illegal ditch which has previously caused flooding problems in the Cross- winds system has been closed. B&D Development agrees to assume any liability and defend any action arising from the closure of this illegal ditch. In fact, negotiations have been ongoing to reroute that water outside of Crosswinds and my client has made an offer to contribute to that solution of the problem. You and I have discussed the concerns of the Crosswinds HOA regarding the drainage system within the drainage basin where Crosswinds is located. You are correct in your assertion that the Lori W. Rosbrugh, Esq. October 16, 1998 Page 2 Crosswinds drainage system is interconnected with drainage for the Wedgefield and Masonboro Village subdivisions. The system allows water to flow and be retained both into and out of the three sub- divisions. The plan for the drainage system was submitted and approved by the State using this concept. The reason for the formulation of the plan is that all three subdivisions lie within the same natural drainage basin. I believe that when we meet with Linda Lewis you will see that the plan contemplated the flow of water between these three subdivisions and that the ponds in Crosswinds and the other subdivisions have been designed to accept the flow of water within the natural drainage basin. Let us now work together to arrange an appointment to meet with Linda Lewis and review the drainage plan for the area. I believe that you will be convinced that the plan as approved and as constructed is proper and acceptable. I believe that the performance of the system during the heavy rains that occurred subsequent to the closing of the illegal ditch serves as practical evidence of its proper planning and appropriate construction. We will need to signify the consummation of our agreement by having the HOA execute the appropriate paperwork to become the responsible party for future dealings with the State and County. On October 24, 1997, B&D forwarded to the Crosswinds HOA a permit name/ownership change form to be completed and delivered to the North Carolina Department of Environment and Natural Resources, Division of Water Quality. B&D provided a check for the processing fee, a copy of the North Carolina General Warranty Deed for the ponds, and a stamped addressed envelope to DENR. Your client needs to sign this document and deliver it to DENR to evidence the agree- ment set forth in your October 2 letter. I am providing a copy of this letter to Linda Lewis of DENR. I am asking that you and she communicate together and there- after contact me to arrange a mutually convenient time for us to meet and review the appropriate State paperwork with which you previously expressed interest. I look forward to hearing from you as appropriate and working with you further toward consummating our agreement and thereafter resolving all issues concerning drainage and Crosswinds. Yours very truly, CROSS7EY, McINTOSH, PRIOR & COLLIER Clay A. Collier CAC/pby cc: B&D Development Corp. Ms. Linda Lewis �a5wz,. &itonmtMtd �ana�,ta - - ,�- T At A ;c55UED Vdni ", A&A %64-wa mm-o AUG 17 1998 910-45,Q-000Y Suat9? d&dSPA Ip q�pVWMiV&ft, ✓f'eB M40.1 August 12, 1998 Division of Water Quality Stormwater Management 127 Cardinal Drive Extension Wilmington, NC 28411 Dear Mrs. Lewis: I was recently in the southern part of town and thought I would download the Crosswinds retention pond gauge. Enclosed are copies of the graphs for the gauge as well as the 1997 and 1998 Wilmington Rainfall Normalcy curves. The memory had overlapped and data is missing from November 6, 1997 through November 28, 1997. Also, there is a 15-inch offset (already accounted for) in the gauge data since the calibration point is not level with the top of the grate. Since the orifice has always been submerged when I have been onsite, I used the top of the grate as a measurement point because I could not determine how far down the orifice was located. Please let me know if I can help you in any other way. Sincerely, Sco finer Environmental Scientist 0 E cn CD 0 cn cn cn Oz U -0 C: a— C .�" O 9 •— D) U) 0 W E L ♦♦0 VJ (S3HONO -1-lt/.=INI" It M N Tl- I, I I I I I I I I I I I I I I I I I I I I I , I I I I I I I I � I I I I � I I I I I I I I I I I I I I I I • li• I rnr.�z� I I I I I I I I � I I I I I I � � I y I i I _ , I ••+•ram I � I I I I I I I I I I I I I I I N I I l I I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I d I I I I I I O Ln O Ln O Lid O Ln O CN 4-1 r T- om i N CLca O L (63HONO Hld3a UU zz a6 mw C-9} �-N w� 2Q wo Qw z�- 90 w 0� z �m w U w 0 0 J co 1401 co N U) 0) c 00 N CO) 0 ■ ca Z., C ca #� = ■ 0 L %a --■ 0 = CU C: ��— ca % • cu ry CD cu ■� E 0-- 3: Z I I I I I I I I I I I I I I I I I I I I I 1 ! I I I I ! I I I I I I I I I I I I I I I I I I � x. I I I I I V I I I I I I I I I I I I I - . • I I I I I I I �� , I -- I I I I i I I I I I I I I I I I I 3 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I — I I I I I I I I I I I I I I f 1 I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I •� i �co uiliiMT.-NCIItw LO LOtACID Net11.17)0)CID C3)lwd_N I-Nd-LCiCM(Oi�C)iGi(flet�►n � I I I I i I I I I I i t0 � M i-f-cM=NM I - CID nWMwM0m1-wU') CID N NCV N N1NNui4 CV I I I I I I I I I 1 I I I I I I I I I I I ca -0 C°oc ��ai'ioa�i I -�LL2C00za LO 'q M N O M M Ln NT M N T O T T T T T T (SeLioul) ilesulel{ ZZ a0 D L- O? C7 F- H 19 W W OL�'L W AL Z W Q djL! D LL ,e "0 Z `Oro' sl�L LO 2 6' c� U E Z 5�6,� op2N -89 cu �!. Ll�� H to 6,9 ' L'q CM A `�S '9� O,S 4^C—U A% 'ca -A W X .e In :l1 r S2 l!e e; ca M c'iL L co ! >, �! ch cM C O CIO 00 ■ ■� AI 4-0 i •V/ vi O > L w� O = cu 4" _ .i mac/ C 0o Zcr) I 0 E ... E Z U U ZZ a0 0LL Oz 2 W W } C7 0 Z w F=- E2�9 0 O d'� o Z } U s9 I` CO aso�s' U ciS No Z Sr S �p LO 's N on cu C' sn� to �� M r� �2 s? � � 9r �r s� r �r r cc r co r Cl) �r O cam- IT r N r O M M 1- 0 M IT M N — O O a cc (Segou;) 118juIpa m 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 July 29, 1998 Ms. Beth Easley, Soil Erosion Specialist New Hanover County Engineering 414 Chestnut Street Wilmington, NC 28401 XT9�'A I NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Roseman Ditch Crosswinds Pond Stormwater Project No.. SW8 930710 New Hanover County Dear Ms. Easley: In response to your July 24, 1998, letter, there is only one alternative to increasing the pond surface area and storage to allow the runoff from the Roseman property and Hidden Valley to drain into the wetlands above Crosswinds. The offsite runoff must be routed around the pond, never allowing the offsite runoff to enter the pond. The wetlands drain into the pond, and a portion of the most recently permitted section of Crosswinds also drains into those wetlands. There are only two options, as I see it: 1. Redesign the Crosswinds pond, accounting for the offshe runoff from the Roseman property and Hidden Valley. 2. Reroute the offshe runoff around the pond while still allowing the runoff from the last section of Crosswinds to drain into the pond. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:1WQSISTORMWATILETTERS1930710.JUL cc: Wyatt Blanchard, P.E. Linda Lewis Gene Roseman John Baker Central Fileo- 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper RECEIVED JUL 2 8 1998 NEW HANOVER COUNTY ENGINEERING DEPARTMENT 414 CHESTNUT STREET WILMNNGTON, NORTH CAROLINA 28401-4045 TELEPHONE (910) 341-7139 WYATTE. BLANCHARD,P.E. County Engineer July 24, 1998 N.C. Department of Environment, Health and. Natural Resources Water Quality Section/127 Cardinal Drive Extension Wilmington, North Carolina 28405 Attention: Rick Shiver RE: Crosswinds/Roseman Water Dear Mr. Shiver: New Hanover County is trying to assist Mr. Roseman to prevent excessive flooding on his property due to the closing of the ditch between his property and Crosswinds Subdivision. Several alternatives are being considered that will allow water to rise to a certain elevation in his ditches and overflow off his property. One of these alternatives would include two (2) outlets for this overflow water - one toward Masonboro Loop Road and another towards the wetlands above Crosswinds ponds. We need a response from you to determine if any water will be allowed to drain to the wetlands above Crosswinds without increasing the ponds storage. Please consider this and respond to us as soon as possible in order to prevent flooding on the Roseman property. Sincerely, Beth Easley Soil Erosion Specialist New Hanover County cc: Wyatt E. Blanchard, P.E. Linda Lewis BE/aj s'-!y, Ju1y21, 1998 9:33 PM To: From: Page: 1 of 1 To: Fax number: From: Date: Subject Dear Rick, Mr. Rick Shiver (910) 350-2004 Edward J. Kreul, PE Tuesday, July 21, 1998 Crosswinds Retention Ponds You mentioned the other day you would be taking another look at the Crosswinds drainage situation this week. I thought it may be helpful to give you a short list of outstanding issues relating to DENR stormwater permits for the developm Wedaefield Pond Surface Area and Vc,l°yrne Surface Area - The plans submitted shotA .:'• 0.5 acre surface area at the maximum elevation of 28 ft MSL and a 0.3 acre sump. o area at the normal elevation of 22 ft MSL. A tape measurement by one of the resident. ;yielded a surface area of approximately 0.3 acres at the maximum pond elevation. Naturally ie area at normal elevation will be substantially less. Depth - It is also clear that the pond does not Have a normal depth of 4 feet as specified in the regulations. With the pond's bank erosion and erosion from construction sites nearby, this is no surprise. Rear Ponds' Capacity Erosion has reduced the depth and volumi:.31 the two pcn s at the east end of Crosswinds. Although, to my knowledge, these ponds I ire ,got been sounded, soil erosion was evident throughout the development during road anI'some const'ruction. Photographs illus{is`inn these problems are available. Front and Rear Pond Connection Water drains from the area included in the front pond drainage plans to the rear ponds through a connecting pipe added after development of that area. The developer acknowledges the connection and is willing to s; .sate the drainage areas per the original plans at your agency's request (D&B 5/18a98 letter to Wyatt Blanchard). The progress you have made in solving the off -site water problems is substantial and much appreciated. As you are aware a few issues rernain and clue to the lack of a good drainage area map it is at this point difficult to identify addition-;) ,iraas which were not included in the original permit application. If I can provide any additional information or hr:: '.., any %lay, just let me know. rlo� BOOK PAGE 2399 0207 '98 JUL 13 PIS 2 04 rtr,ii^ro & VC-111 IED ::,.;tY CUE OOTS F;....:ZTER OF CEEDS %M NO Excise Tax I Recording Time. Hook and Page Tax hot No.......................................................................................... Parcel Identifter No. ..R07.12.0.,.LOb-007..,0.00................... Verifiedby........................................................................ County on the ................ day of..........................................................19............ by Hallafter recording to......................................................................................................................................................It......................:... ...............................................................................................................,......... ..... ,........................................................................... I.................... This Instrument was prepared by ....... David ... E.... Huffine.....P.A........ ............................................................................. I ....... ... Brief description for the Index hot 217, Section 4, . Crosswin NORTH CAROLINA GF.NJ RAL WARRANTY, ]DIrED- THiS DEED made this day of .....July ...................... ... , 199.8...... , by and between Michael S. McCarrity 000150 Michael S. McGarrity and wife, Sheila McGarrity 5044 OutIsland Drive Wilmington, NC 28409 Zeiler la.appropriale black for each party: aerie, address, sad, it APPr PUte, character of entity, ail. cerperstiea or partassshlp, The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assign, and shall include singular, plural. masculine. feminine or neuter so required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ...................................... ........ I .................. ........ .. I ................. Township, New Hanover . _. . . County, North Carolina and more particularly described as follows: BEING all of Lot 217, Section 4, Crosswinds Subdivision, as shown on a map of,same duly recorded in Map Book 34 at Pages 101 and 102, of the New Hanover County Registry, to which map reference is hereby made for a more particular description. RETURN TO: David Huffine N.C. Cw ANWCFe we, 3a llfc k"ll"s Mjr �rstw,..•a.w,p,*aa. �..YaserMN - Mat BOOK PAGE ? 3 9 9 0208 The property hereinabove described was acquired by Grantor by instrument recorded in.....:........................................................ A map showing the above described property Is recorded in Plat Book .............................:...... page ......................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persona whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 11 A. 1998 ad valorem taxes. B. utilit.y easements, zoning ordinances and other land use regulations. C. Restrictions of record. W w1TNMN MNNaa(17, the Onwfer has berrrwte set his band and seal. or If arste �aae eared ON Instrument to be Signed. eer:Mabr !v 19 wage by Its duty-au4erised officers and Its seal to be herebwtn afltae y a q a� ne of Directors, are dal Sam rear MA .. en wSiltn. .r _____________________....................... /I ._._.__.___.....(afGl.) '. e •_• _• __---...... (Corpomfe Name) Michas . icy O ail:........................................................... Y, ---------------------------- President Anger: u -----------•----------•------------------•--------------_....taaAW ---------•---•----•----------------------------------- w ..................... . .-_Secretary (Carporatn seal) M eep1111/ d......... .......... .........--------------------------------- (SaAL) SSA ...... N019T11 CANOIINA...NevL.Manoy-ex------------ county. a Notary Public at the County zed state aforesaid, certify that -_ M:chael.5:---_._.--.., McGarrity --•- --- pQ�rTeb�.r-- S a ---------------- or...PYI`Sr .. i Lleecewaay arrested before me this dayandaebaowlodged the execution of We feregelag instrument. WHIlea Iwy y ,: \hand and official atusp or seal. ibis _�"Y_: der of !t ____.._.._ _ 1}.=*r-• dh.�E� (,.• •_.e\bb My commission expires: --------------------------- . .- Notary PubW ■ZAL.STAMP NONTN CANOLINA.---------------------------------- Ccaaty. 1. a Notary Du►ate of Ube Cwnty. and state aforesaid. eorw tact ................. ..................... fl personally came before me Ibis day and acknowledged Got .... he N ............................ NotnWy of y.__._____.............................................. a North Carolina carpwatlsw, and that by sutbbrity duly given and as use aft of the "Mutation, the Screening Instrument was Signed Is No naaso by Na ........ ._.... i President. seald with of corporate Nat and affected by ........... as Its ........................... Nstatary. .'r wifasaa my hall and official stamp or seal, ebN ._.....dal of .......................... it ....... Mycommission explrear ------------------------------ ---------------------------------------- Kohn rawle n I'll nIn no feeesolas Certlfleate(s) of _-.---.. _ _ _ -If .-....._ .__. ,.___.._.................................. ..................•-._-.--.-.....--........-.-...._-.-.-.---.---..............-_____.----_-..-__.-"---_-.-..--:-----..-.-.._....-..------....- Whte rerlNled to be correct. Title testroun at and Ibis certiflesfe are doly seiislared nt Ike date and Mare and is the Nook and Pap inn an the first page \erect. .1iARV OM pYO: ..Noursa OF D5 FOIL -----_ !. __ F454 :. .........Wpay/AM-ModMpr at gab6 h C 6e Aeor 1'etm Ns. 7 ! 1e76. ay.iMd a H7t - a..r,..lea, eM,br. art rearR.w c Iota %—eft .e.F..M-%... a c a. tar. - M1 - NEW sANOysA CN1'7 NC 07/07/ga a'no'Yff N�JbHNA $70.00 Real CAS A Estate Exclse Tax -R r7O UO Excise Tex Y' BOOK PACE 2396 0 16 1 '98 JUL 7 RIB 1108 RE""!'M[.L&rr VE FIED ""11:11 4UQuT3 Recording Time, Book and Pase Tax Lot No....71 Q.O.—.0.04-01.6-0.00.................................... Parcel Identifier No............................:............................. Verifiedby ... ... .... ........................... ....... ............ _........ County on the ....... day of ......................- .... ... ...... .................. is .................................................................................. Mail after recording to ...........$ugene B. Davis Jr.................................................... .............. ... ....... ............... IA42... Military -Cutoff Road, Suite 24•••Wilmingtony.NC•28403........... This instrument was prepared by I:uggne,.,B._ , Davis Jr. Brief description for the index LOt 236, Section 4, Crosswinds SD NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .....1 Rt... day of ..July . . ......... ........... . 1►98..... , by and between CANTOR.--- -• John R. Warner and Wife Carole J. Warner 4616 Rapids Lane Durham, NC 27705 000074 GRANTEE . Charles Ethan Smith 5613 Seabouy Circle Wilmington,NC 28409 4a s L 1laaMA mod. kcal roe- 11J C. 7211a-$44 Linter In appropriate Web for eaeh party: name, address, and. It appropriate, character of entity, e.e. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural; masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which' is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the. Grantee in fee simple, all that certain lot or parcel of land situated in the lily of .............1, ...... I......... .... ................ Township, New Hanover County, Nw th Carolina and metro particularly described as follows: Being all of Lot 2.36, Section 4, Crosswinds'Subdivision, as shown on a map of same, duly recorded in Map Book 34 at Page 101, of the New Hanover County Registry, to which map reference is hereby made for a more particular description. IM, TUi, _ . 1 'Z �i.Z.. So .I.— Maa,Nw_ 3e11976.1tMadw11977 eHY COOK PACE 2396 Qis The property hcrcinabove described was acquired by Grantor LY instrument recorded in .....Boo . ...k .....1....824........at .................. Page 0514 A map showing the above described property is recorded in Plat Rook .34 . .... ...... page . 101,,,,,,,,,• , TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, And Ihr Grautor rovenauls with the Granlee, that Grantor is neixrd of the premises in roe simple, has the right to convey Ihr same in fee simple, that title is marketable and free and clear of all encumbrances, and that. Grantor wilt warrant and defend the title against the lawful claims of nil persons whomsoever except for the exceptions hereinafter stated. Title to the property hcrcinabove described is subject to the following exceptions: THE PROVISIONS OF ALL AP.PLICABU ZONING"AND LAND USE ORDINANCES, STATUTES AND REGULATIONS; 1998 AND SUBSEQUENT YEARS AD VALOREM TAXES; AI.L APPLICABLE RESTRICTIVE COVENANTS .AND EASEMENTS OF RECORD. IN WITNESS WIIEIIROy. Ike Maribor ha• hereenl• set hie hanA1 i 1, or v, has ,- ibis Ioalrrmewt tn.bo+blamed In its e•rlo'ON name by its, duly- Mulholland officers. and its seat t• be heeyurll• ofllx b Ihorlly� Its Ileaf of Illfeet•rs, the day_ and year first above writlew. - ............. . .........(5XAW (C•fP•rata Name) O. fly_----------------------------------------------------------- ' ............... ____________________________President 1 ATTEST: _____________________________________________________________(SEAL) ...........tNl 0,_.,v_.Se1`fe4&ry (CerPorale Seal) M, (SEAL) NORTH CARIII,INA, ___. Ili.!15.1----------------C•rnly.�y5s t. a Notary Pn la •1 the Can ty and state afoaeuld. certify that t!!� ._�.:.� . ........... Ai-----------------------............................. orahter. R.a,:f o" t ai O Zp—�e'"a7 Personally appeared before Ise this day and acknowledged the1.eaeentiob of the loregeley hlsignmeeL(YyWILOM of ��"3 i�.�R'''• J Imnd and official alalnP or seal, thk A!��D day ar ----- .7at: s My commission expires: __:t ��109 .. - _ .. (r.� y Fub* _l- ............. ... _...-_---..-_•. NOW SP_A"TAMP NORTH CAROLINA----------------------------------- county. L a Notary PAblie of the Cornty and State aforesaid. ceruff thst---- _................. :.....:....:........c a Personally came before me Ohio day and aehserrtedged that .... he N------------------------- secretary N is Y ... _..._______..__________________ ---------- ------------------------------- a North Carolina coryoratlow, lad that by artaselty ply u 0 slues and as the act or the ceryerallew, 1\e feregolag Inalrrwrwt was algwed to Ns wane by as ............... President, sealed with tis corporate seat ird allested by ----------- on its ........................... secretary. n XNaea my band and utlklat stamp or seal. this ___,___dry of ___________________________ 1s... ......... .. Mycommission caldron....................................................................... Maury g4t\fla The larcenies ...... WMPUM. ................................................................................................................:............................. .................. ___________________________________________________________________________________________________________________________- is •ace Certified to be correct. This Irtrrment and chin certificate am duty contacted at the date and tame and W the /win/yard Wage one" as W (Cent eo!. •...+. r WAY Hallow t.��1 .. _. •.. .. . ........ ......................................-..-_..RROggTRR OP six"s POtt........................... Coup(" AAte�- -. �.......- wl ---________________________fNMy/dfgf�t�Regla4r of am*" N t. Ii.• %t I t riM IW. 1 s. le7a,1119— d 0It177 a.,,.w,w...a _...,a., tyr, v.a...s. r a oar w.. a.....x+•�..•. • e so s.R -ran! 1. IVED ECEI =P*'ECF—'V—ED UL () 6 JUL 06 j9q8 JUL 0 6 Z e .... . . .... -4 -ry 0- Xcz- 11,0. 75 )tool- "r--V"'K -A— _. Qom_ . ..........__ ___ ,.^ lu4p-r I 1 4 A- CROSSLEY MCINTOSH PRIOR & COLLIER ATTORNEYS AT LAW 616 MARKET STREET WM'vHNGTON, NORTH CAROLINA' JOHN F. CROSSLEY, JULIl MAILING ADDRESS: DOUGLAS F. MCINTOSH JUL ® ° P.O. DRAwER 740 FRANCIS 13. PRIOR WUJ%GNGTON, N.C. CLAY ALLEN COLLIER June 26, 1998 BY: _ 284M-0740 H. MARK HAMS r SAMUEL H. MACRAE ANDREW HANLEY TELEPHONE 910/762-9711 -RET111 FAX 910/251-0446 Mr. Bruce James, President CROSSWINDS HOA, INC. 5046 Out Island Driv e Wilmington, NC 28409 RE: Drainage -- Crosswinds Dear Mr. James: Please be advised that this firm has been retained to represent B & D Development Corporation with respect to the drainage situation in Crosswinds. I have received a copy of your June 9 correspondence to B & D Development Corporation. We are pleased to inform you that items 1 and 2 in that letter have been satisfied as of this date. The rest and remaining items on your list are all problems associated with maintenance and as such are the responsibility of the Crosswinds Homeowners Association as set forth in the restrictive covenants for the subdivision. As you are no doubt well aware, B & D has requested that you provide information detailing your plans for maintenance of the drainage system as early as March 14, 1997 and as recently as June 17, 1998. You and your board have provided no appropriate response. We must therefore respectfully demand that you furnish us, in writing, your plans and intentions regarding maintenance of the drainage system in Crosswinds. It is important to the developer and to the property owners in Crosswinds that your association accept its responsibility to maintain the drainage system as soon as possible. Any further delay in this regard will surely negatively impact property values in the neighborhood. We must, therefore, respect- fully require that you provide us with the requested information and begin implementation of your maintenance program within 30 days of the date of this letter. Your continued failure to respond to this situation will make it necessary for our client to exercise its legal options to ensure that your association accepts its responsibilities. If you have any questions or concerns regarding this matter, please direct any further communication to me. I appreciate your prompt attention to this situation and look forward Mr. Bruce James June 26, 1998 Page 2 to receiving the requested information at your earliest possible convenience. Yours very truly, CROSSLEY, MCINTOSH, PRIOR & COLLIER 1 ljY I . Clay. Collier CAC/pby encl. cc: Crosswinds Property Owners Ms. Li.nda Lewis Mr. Wyatt Blanchard B & D Development Corporation n Lo [BY: 17FD B & D Development, Corp. BUILDERS/DEVELOPERS June 26, 1997 Ms. Linda Lewis DENR 127 Cardinal Dr. Extension Wilmington, NC 28405-3845 Dear Ms. Lewis: Reference is made to your Notice of Violation dated March 14, 1997. As regards violation 1., we are pleased to inform you that the illegal ditch that directed water to the Crosswinds Ponds via the Roseman property has been closed. As regards violation 2., in our on site meeting and in your letter of October 8, 1997, you stated "The fact that the runoff is not leaving the site makes it a non -issue as far as a violation of the Stormwater certification is concerned." We are very concerned that the system is not being properly maintained and will be taking action to see that the Crosswinds HOA, Inc. accepts its responsibilities under the subdivisions restrictions. Thank you for your help in this matter and please contact us if we may be of further service. Sincerely yours, Dick J. Thompson B & D Development Corpoation enclosure cc: Wyatt Blanchard Clay Collier Crosswinds IIOA, Inc. WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 B & D Development, Corp. BUILDERS/DEVELOPERS June 26, 1998 Crosswinds Subdivision Property Owners Crosswinds Subdivision Wilmington, NC 28409 Dear Fellow Crosswinds Property Owner: We are writing you in an effort to avert a costly and time consuming situation concerning the periodic flooding of your streets. While we realize the flooding does not directly affect all of you, it does affect your property values. We have been working closely with the New Hanover County Engineering staff and other developers to see that the excess water coming into the Common Area Ponds is diverted and to clear the ditch of obstructions on the downstream side of the ponds. These two projects have been accomplished and should have a very positive effect on the situation at the ponds. Another problem which must be addressed to end the flooding is the lack of maintenance of the drainage lines and ditches that run through Crosswinds. As you surely know, the restrictions state that the Homeowners Association and/or the property owners shall maintain the drainage system (Article VII Section 4.). In the past the Homeowners Association has done so. The HOA has now allowed drainage lines to become plugged, holes to be punched in lines, ditches to fill with debris and has failed to enforce the restrictions with regard to drainage lines and easements. There are several ways to handle this situation. (1) The HOA can accept its responsibility, correct the situation and protect everyone's property values. (2) We can begin legal action to force the HOA to accept its responsibilities under the subdivisions restrictions. (3) We can enter the property under powers granted us in the restrictions, do the work in the manner we deem appropriate and charge for our time and efforts as we see fit. We feel obligated to tell you that the county staff prefers an open ditch and swale system as opposed to the pipes now in place. That is the system we would use as it is the most cost effective method and the easiest to maintain. WILMING T ON: 4405 BAVARiAN LANE - WILMING T ON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 page (2) We are writing to each of you because we wrote your HOA on January 18, 1998 and told them we would work with them if they would contact us. To date there has been no appropriate reply. We would hope you would let your HOA know your feelings on this matter and ask them to accept their maintenance responsibilities, solve the situation, protect your property values and avoid a long and very costly battle. Sinc ely yours, Dic Thompson B & D Development Corporation enclosure cc: Crosswinds HOA, Inc. Wyatt Blanchard Linda Lewis Clay Collier B & D Development, Corp. BUILDERS/DEVELOPERS RECEIVED JUN 1 8 1998 June 17, 1998 Mr. Bruce James Crosswinds HOA, Inc. 5046 Out Island Dr. Wilmington, NC 28409 Dear Mr. James: Thank you for your letter of June 9, 1998 which was received by us on June 15, 1998. We find it more than ironic that you have taken the time to defend Mr. Barone but you do not have the time to answer our letter of January 18, 1998 (copy enclosed). Due to possible legal action regarding Mr. Barones actions and false statements, we have been advised to not comment further than to say we will not attend any meetings or enter into any negotiations to which Mr. Barone is a party. Regarding the six items you noted in your letter, we sent you our comments which were also sent to the state and county. We stand by those comments. However, I can report, that we are working on items one and two and there may shortly be a solution possible. We look forward to your answer to our January 18, 1998 letter and the resolution of all drainage problems in Crosswinds. Sincerely yours, Dick J.Thompson cc: Wyatt Blanchard Linda Lewis Clay Collier WILMiNG T ON: 4405 BAVARiAN LANE - WILMING T ON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 PS ' B & D Development, Corp. BUILDERS/DEVELOPERS January 18, 1998 Mr. Bruce James President, Croswinds HOA, Inc. 4913 Crosswinds Drive Wilmington, NC 28409 Dear Mr. James; Thank you for your letter dated January 16, 1997 which was received by us on January 17, 1998. We must disagree with your statements and refer you to the following portions of the Declaration of Covenants, Conditions and Restrictions Sections 1, 2, 3, 4 and 5 Crosswinds for the HOAs obligations and responsibilities to the property owners: ARTICLE I Sections 1,5,9,10 ARTICLE III Sections 1,5,7 ARTICLE VI Section 5 ARTICLE VII Section 4 ARTICLE X Sections 1,3 ARTICLE I Section 5 as amended Crosswinds Section 5 By this letter, we request that you immediately inform us, in writing, of the HOAs intentions regarding its maintenance of the drainage system as required by the restrictions. I will be happy to work with you or the association manager if the HOA moves forward with its maintenance responsibilities. I will meet with you individually if you feel it would help resolve this matter. However, if the HOA declines to accept and fulfill its obligations, we may have no alternative but to use the powers available to us in the restrictions and at law to protect the interests of the owners that the HOAs board of directors was elected to represent. We look forward to your reply and corporation. Sincerely yours, Dirk'„ _hompson B & D Development cc: Linda Lewis Wyatt Blanchard WILMII`J.^-.TON: 4405 SAVARIAN LANE - WILMING T ON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 R. BRUCE JA S $ 5046 Out Island Drive $ Wilmington, NC 28409 $ (910) 792-9967 June 9, 1998 B & D Development Corporation P.O. Box 777 Carolina Beach, NC 28428 Dear Mr. Thompson: RECEIVED JUN 1'5 1998 BY: Q5� �O I received your letter dated May 19, 1998 in which you described Mr. Al Barone as pursuing "... a personal agenda at the expense of all property owners...." In the latest memo written by Mr. Barone and county engineer, Wyatt Blanchard, they discuss the following items: 1. Elimination of offsite water. 2. Restriction of the outflow through Tanglewood. 3. An imbalance between the rear ponds. 4. Jumping of the front pond and the rear pond basins. 5. The present capacity of the ponds due to sand erosion. 6. Cleaning of the system. Solving each of these problems appears to me to benefit all and I do not understand how anyone can interpret them as benefiting Mr. Barone at the expense of other homeowners. It is apparent from your letter that there is a personality conflict between you and Mr. Barone. Since it is my desire to maintain an objective, fact -based approach to solving the problems in Crosswinds, I propose that we all restrict our concerns to the items on this list. I look forward to working with you to settle our mutual problems; however, I believe that we must resolve the state's involvement first. This type of dialog is a positive step toward communication and I hope we can continue in that vein in the future. S. ly, 9 R Bruce s, President Cross' HOA CC: Wyatt Blanchard Linda Lewis B & D Development, Corp. BUILDERS/DEVELOPERS Mr. Alphonse Barone 5908 Downrigger Drive Wilmington, NC 28409 Dear Mr. Barone: RECEIVED MAY E q 19�@ BY:�_ May 415, 1998 On at least three occasions you have entered our property and attempted to stop or disrupt contractors employed by us. On each occasion these contractors have instructed you to contact us if you had any problem or legitimate questions. To date we have heard nothing from you. Your attempts to disrupt our activities on our own property can no longer be tolerated. By this letter, please be advised that if you enter our property for any reason in the future, without our written permission, we will have no alternative but to charge you with trespassing. We regret this action but you are no longer welcome on our property. On another matter, we can not understand why you chose to build your house below curb grade or to allow the elevation of your crawl space to be below your yard grade . This is especially puzzling since you claim to be an engineer. Be that as it may, we can not allow you to alter the drainage system and cause harm to others in an effort to correct your errors. Therefore, by this letter, we demand that you immediately return the drainage ditch behind your house to its original topography. If you should chose not to comply with this demand, we may be forced to enter the drainage easement, under powers granted to us in the restrictions, accomplish the work and take whatever action is necessary to recover our expenses from you. Sincerely yours *k.3Thompson B & D Development cc: Croswinds HOA, Inc. Wyatt Blanchard Clay Collier WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 B & D Development, Corp. BUILDERS/DEVELOPERS Crosswinds HOA, Inc. 4913 Crosswinds Drive Wilmington, NC 28409 Dear Sirs: May 19, 1998 Enclosed please find a letter from us to Mr. Alphonse Barone. We regret that we have to take these steps but we can no longer let his actions and/or statements go unanswered. As a member of the Crosswinds HOA, Inc. Board of Directors, his actions also may bring liability to your board. You should be aware that Mr. Barone is using his position and your board to pursue a personal agenda at the expense of all property owners property values. Mr. Barone has definitely become part of the problem and can in no way be part of the solution if we are to be involved. Please be informed that we will not be a party to any discussions, negotiations or any actions in which Mr. Barone is involved. Sinc rely yours, Dick J. Thompson cc: Wyatt Blanchard Linda Lewis Clay Collier WILMINGTON: 4405 BAVARIAN LANE - WILMING T ON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 May 19, 1998 IVTMORANDUM TO: File FROM: Wyatt E. Blanchard, County Engine Al Barone - Crosswinds Homeowics, Association Drainage Committee RE: Crosswinds Flooding and Water Quality The Crosswinds Development has repeatedly flooded in several areas since the last joint memo written by the New Hanover County Engineering Department and the Crosswinds HOA on February 10, 1997. Flooding has been particularly extreme in the rear pond area. (This is the area that received local TV coverage on February 4, 1998.) In the prior joint memo, the primary factors that cause flooding (especially the off - site water entering Crosswinds from Roseman, Hidden Valley, and Beacon Woods) were discussed. The Beacon Woods problem is being addressed, but to date the State has not indicated to us their plan. of action to address the violation concerning the water entering Crosswinds ponds from Hidden Valley and Roseman. It should be noted that, this problem predates the Beacon Woods project. During the past year, conditions appear to have deteriorated and it is now appropriate to examine what other factors might be impacting water quality and flooding. File Page Number Two May 19, 1998 The restilt of our observations is as follows: The ditch in Tanglewood, on the property immediately adjacent to the rear ponds, needs to be kept clear of any obstructions. An attempt by a Tanglewood resident to replace the ditch with a pipe was partially undone by the February 4th rains. Fines have been levied against the resident by the County and other actions will be taken. It has been observed that during and after a rainstorm the level of water in the first rear pond is. significantly higher than the second pond. This inbalance indicates that water is not flowing properly between the 2 ponds. Sediment appears to have accumulated in both the front and rear ponds. The sand is coming from several lots that are not yet developed as well as areas and construction sites which have not been sufficiently stabilized. All the erosion has apparently reduced the depth of the ponds. The State's requirement for pond capacity, to contain the first inch of rain, is likely not being met. Due to the large amount of past erosion, removal of sand from the system is most likely necessary. The front Wedgefield pond that flows to Mott's Creek should be isolated from the rear Crosswind ponds that flow to Whiskey Creek. This is what was specified in the original drainage plan. Furthermore, the front pond needs to be checked to determine its capacity as well as proper discharge. Here again, the front pond was observed to be receiving large amounts of eroded sand, primarily due to a lack of bermed vegetation on the embankment. The pond bottom is visible just below the surface water level. It should be noted that any cleaning of drainage pipes upstream from the pond should be done after the other water problems are corrected. Ironically, the large amount of sand in the pipes appear to have slowed the water flow to the rear ponds thus helping to prevent even more flooding there. As was stated in the prior memo, jointly written by the New Hanover County Engineering Department and the Crosswinds HOA, the County has no duty to design, undertake, maintain or pay for -any drainage activities in Crosswinds. The purpose of this memo is to document the problems which exist in the development. B & D Development, Corp. — v�l " V MAY 19 1998 BUILDERS/DEVELOPERS BY. -I �n 10 Mav Mr. Wyatt Blanchard, P.E. New Hanover County Engineering 414 Chestnut Street Wilmington, NC 28401 Dear Mr. Blanchard: Thank you for forwarding us a copy of your May 7, 1998 memorandum, copy enclosed, for our review and comments. As well as our comments made to you via telephone, we felt it appropriate to put these comments in writing. Following please find our numbered comments which are cross referenced to your memorandum as indicated. 1. There has been flooding in the Crosswinds subdivision caused by excess water entering the subdivision via an illegal ditch from the Roseman property and by a lack of maintenance of the drainage system. Your office approved the release of Beacon Woods water into this ditch. We have worked with the county and other developers in the area to correct this problem as well as the downstream problem of blockage. 2. Both ourselves and Mr. John Baker have asked the county for permission to close this ditch. Your office has refused these requests. By this letter, we again ask for your approval to close this illegal ditch which jumps drainage basins, cuts through a ridge and was dug illegally by persons who have been dumping water into the ditch. Barring your permission to close this illegal ditch, we ask that you require the property owners upstream of the Crosswinds ponds to retain the first inch of runnoff before it enters the Crosswinds ponds. This can be done on the Roseman property or the Baker-Precythe property. We also ask that you inform us of any requests to alter or move the illegal ditch so that we may offer our comments or take appropriate legal actions as regards this matter. 3. We have worked with your office to address this matter. 4. The ponds are not equalizing due to a lack of maintenance of the pipe under Crosswinds Drive. The sediment entering the ponds is coming from a number of areas including lots not properly maintained, improper maintenance of the WILMINGTON. 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 page (2) drainage system as well as people dumping refuse into the system. It should be noted that we corrected all problems related to lots owned by us within one week of notification via telephone from Ms. Beth Easly of your office. We would like to see any data you have on the depth of the ponds as well as any proof that the first inch is being bypassed. 5. The Wedgefield pond can be isolated and infact we have stated, in writing, that this could be done upon request by the state. As regards determining capacities etc., we hired professional engineers to plan the project and we stand by their work. Mr. Barone should provide proof not just his usual allegations. All erosion has been corrected following a call from Ms. Beth Easly of your office and will be maintained until vegetation is established. 6. We agree that this work should be done after the offsite problem is resolved. A reading of the restrictions will clearly show whose is responsible for maintenance of the drainage system. Mr. Blanchard, we hope these comments will clearly state our position on this matter. We would ask that you respond, in writing, especially as regards item number 2. Thank you for your help in this matter. We look forward to a speedy response from you. Sincerely yours, Dick J. Thompson B & D Development Corporation cc: Linda Lewis Clay Collier John Baker Crosswinds HOA, Inc. i,M io-oo rmi lu,4o MUIixer- iNU rrtn nV, 0IUJ414UX) f va Post -it' Fax Note 7671 1 Datee/� # 2 ,► May 7, 1998 `" co. Pl�no A Phone MEMORANDUM TO: File FROM: Wyatt E. Blanchard, P. E. County Engineer Al Barone Crosswinds rlomeowners Association Drainage Committee RE: Crosswinds Flooding and Water Quality The Crosswinds Development has repeatedly flooded in several areas since the St joint memo written by the New Hanover County Engineering Department and the la. Crosswinds BOA on February 10, 1997. Flooding has been particularly extreme in the rearp and area. (This is the area that received local TV coverage on February 4, 1998.) In the prior joint memo, the primary factors that cause flooding (especially the ()ff--site water entering Crosswinds from Roseman, Hidden Valley, and Beacon` 0 d were discussed, -,The Beacon Woods problem is being ad reed'i but -to eoncethe State does not appear to have. a plan of action that addressesviolation water entering Crosswinds ponds from Hidden Valley and Roseman.mthe past d be that this problem predates the Beacon Woods proj g noted p conditions appear to have deteriorated and it is now appropriate to examine what otlier factors might be impacting water quality and flooding. iIHr-1b-Jd rKi iu:41 MU1NthKINU FAX NO. 910341403b N, U2 File Page Number Two May 13, 1998 The result of our observations is as follows: • The ditch in Tanglewood, on the property immediately adjacent to the rear ponds, needs to be kept clear of any obstructions. An attempt by a Tanglewood resident to replace the ditch with a pipe was partially undone by the February 4th rains. Fines have been levied against the resident by the County and other actions will be taken. • It has been observed that during and after a rainstorin the level of water in the first rear pond is significantly higher than the second pond. This inbalance indicates that water is not Flowing properly between the 2 ponds. Sediment appears to accumulated in both the front and rear ponds.FThe sand is coining from several lots that are not built on, as well as sand from construction sites. *Zk All the erosion has apparently reduced the depth of the ponds. The State's requirement for pond capacity, to contain the first inch of rain, is likely not being met. Due to the large amount of past erosion, removal of sand from the system is most likely necessary. • The front Wedgefleld pond that flows to Mott's Creek shoolO b� isolated from the rear Crosswind ponds that flows to Whiskey' Crq.• This is what was specified in the original drainage plan. Furthermore, the, front pond needs to be checked to determine its capacity as well as proper discharge, Here again, the front pond was observed to be receiving large amounts of eroded sand, primarily due to a lack of bermed vegetation on the embankment. The pond bottom is visible just below the surface water level. It should be noted that any cleaning of drainage pipes upstream from the pond should be done after the off -site water problems are corrected. Ironically, the large amount of sand in the pipes appear to have slowed the water flow to the rear ponds thus helping to prevent even more flooding there. As was stated in the prior memo, jointly written by the New Hanover County Engineering Depaftment, and the Crosswinds HOA, the County has no duty to design, undertake; maintain or pay for any drainage activities in Crosswinds. The purpose of this memo is to doc:utnent the problems which exist in the development. B & D Development, Corp. BUILDERS/DEVELOPERS May 18, 1998 Mr. Wyatt Blanchard, P.E. New Hanover County Engineering 414 Chestnut Street Wilmington, NC 28401 Dear Mr. Blanchard: Thank you for forwarding us a copy of your May 7, 1998 memorandum, copy enclosed, for our review and comments. As well as our comments made to you via telephone, we felt it appropriate to put these comments in writing. Following please find our numbered comments which are cross referenced to your memorandum as indicated. 1. There has been flooding in the Crosswinds subdivision caused by excess water entering the subdivision via an illegal ditch from the Roseman property and by a lack of maintenance of the drainage system. Your office approved the release of Beacon Woods water into this ditch. We have worked with the county and other developers in the area to correct this problem as well as the downstream problem of blockage. 2. Both ourselves and Mr. John Baker have asked the county for permission to close this ditch. Your office has refused these requests. By this letter, we again ask for your approval to close this illegal ditch which jumps drainage basins, cuts through a ridge and was dug illegally by persons who have been dumping water into the ditch. Barring your permission to close this illegal ditch, we ask that you require the property owners upstream of the Crosswinds ponds to retain the first inch of runnoff before it enters the Crosswinds ponds. This can be done on the Roseman property or the Baker-Precythe property. We also ask that you inform us of any requests to alter or move the illegal ditch so that we may offer our comments or take appropriate legal actions as regards this matter. 3. We have worked with your office to address this matter. 4. The ponds are not equalizing due to a lack of maintenance of the pipe under Crosswinds Drive. The sediment entering the ponds is coming from a number of areas including lots not properly maintained, improper maintenance of the WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CARROLINA BEACH: P.O. BOX 777 - C;AROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 page (2) drainage system as well as people dumping refuse into the system. It should be noted that we corrected all problems related to lots owned by us within one week of notification via telephone from Ms. Beth Easly of your office. We would like to see any data you have on the depth of the ponds as well as any proof that the first inch is being bypassed. 5. The Wedgefield pond can be isolated and infact we have "''J stated, in writing, that this could be done upon request by. the. state. As regards determining capacities hired professional engineers to plan the project and we stand by their work. Mr. Barone should provide proof not just his usual allegations. All erosion has been corrected following a call from Ms. Beth Easly of your office and will be maintained until vegetation is established. 6. We agree that this work should be done after the offsite problem is resolved. A reading of the restrictions will clearly show whose is responsible for maintenance of the drainage system. Mr. Blanchard, we hope these comments will clearly state our position on this matter. We would ask that you respond, in writing, especially as regards item number 2. Thank you for your help in this matter. We look forward to a speedy response from you. Sincerely yours, Dick J. Thompson B & D Development Corporation cc: Linda Lewis Clay Collier John Baker Crosswinds HOA, Inc. y BOOK p338 0048 Tax Lot No.......... Verified by ........... by— ........................ KIa 8ANMR CM KC 03/31/98 5 $443.00 VAR OTN UNA &.11"I Estate Excise Tax '98 M 31 AM 1120 RECORDED & VERIFIED MAPY SUE OOTS f.7'STL•'R OF DEEDS !!:;,FOYER CO. NO it Emee Tax $443.00 1 Pecordlug Time, Bonk and Page .............................................................................. Parcel Identifier No. I/]Z0.0U1-(1Ib...................................... .......................................................... County on the ................ day of ....................................................... ., 19............ ................................................................................................................................................................................................ Mail after recording to ... Pdt1CiG1A1..A...libs:oleic..F....Teff ey...A,.MlIIer........................................................................:.......... 5309 Seabuoy Circle, Wilaington, IC 28W .......................................................................................................................................................................................................................... This Instrument was prepared by .Al; ..a> ..>M Q]!!A>I+R,..,Z><7...x1....kffl t..,StFt.ECG....Ai]alington...HC.....28401.......... Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .17.tl1,,,, day of .....................................March..........., 19-98......, by and between GRANTOR Tu SMMT BUILDING GROUP, Inc. a North Carolina Corporation G-00111 GRANTEE PATI:ICIA A. viumm land*- —. JEl1 M A. HILT-M JOINT TENANTS WITH RIGHT OF SURVIVORSHIP 5809 SEA80UY CIRCLE WILMTIIGTON, NC 28405 Enter V approprlate Barb for eaea parts: mwr, addrem and, it appropriate, character of espy, e.+ ewpereiks or parlaelship. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ...................................................................................................... Township, County, North Carolina and more particularly described as follows: BEING all of Lot 235, Section 4, CROSSWINDS Subdivision as samA '. shown on a map of same duly recorded in Map Book 34 at Pages 107�s3r04 102 of the New Hanover County Registry, reference to whicht'is hereby made for a more particular description. c NF. IEGEL L (910) 256-2292 h C. ax Awe. Form Ne. 3-0197e, Rerird P 1977 �...... M..r..li.. w...., In C.MY.i -,M, i r ppGE eool� O�yg 2338 The property heraivabove described was acquired by Grantor by instrument recorded in .............. the Netr Hanover CG!!Hh....Re isttX-.:..................................................................................... A map showir.t, :he above described property in recorded in Plat Book ......... .......... :............... page ......................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the sarne in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persona whomsoever except for the exceptions hereinafter stated. Title to 'the property hereinabove described is subject to the following exceptions: (1) Restrictive covenants of record, if any; (2) Easements for utility services of record; (3) Zoftiny and/or Subdivision ordinances• and regulations.--••--- w- (4) 1998 ad valorem taxes for New Hanover County IN WITNESS walRROP, the Greater has hemunte set his hand and toat, of If corporate, has caused -&kit Instrament to be ► and in IN cNDeraN lease by Its HIS. MY autherked offlears and Its Ns1 to be harennto affixed by aalheHly of its Board at Directors. the day It Yost RIM a►see wri- TOE SUMT BBrmMG GiilfW INC.. ---- iit_00 &911A8 _CRMP-K@4PR---------------- Nance) 0 By: •-----------•------------- x----------(alAla _-----President r" _._secretary (Corporate seal) NORTH CAROLINA, v -------------------------------------------------------------(slAL) f0 W rA ------------------ County. Y I, a,Notary Public or the County and State aforeeald, rertify that ___-____-_._------------------------------ "5---------------------- ------------------------- amour. Rpersonally appeared before toe this day and acknowledged the exeeutlen of the foregoing ISslrarnaaL wlktam WY r ;j hand and official stamp or teal, "as -------- day of ----------------------------------------- Is ...... Mycommission expires------------------------------------------------------------------------ Notary Public sau.S�ays NORTH CAROLINA, M-HAMUR----------------- County. ----------------------------------------- •-------------------------------------------------------------------------- ------------- ------------- Is'are rertifkd to he correct. This Instrument and this clrlHleaY are duly registered at the date and lines and in am' beah"Sad Pap shown on Use first page honet. MY SUE 00TS ft ._- ...... __ ............... .......•. _-' - __..--_- BlGii!!B OF D!!Dtl IOB_,.____-.-�. ay .F. _ ---- POMPANO=& Resister of Daods N e Nr-ATwN' Frwm No-1 g•19:e. leehed'fr lsTt-wow ww...ac� rase. --a.Wr.�w.e trues RECEIVED JAN 2 0 1998 Crosswinds Homeowners Association BY: Ul [ o 4913 Crosswinds Drive • Wilmington, NC 28409 0 (910) 392-5538 January 16, 1997 Mr. Dick Thompson B & D Development P.O. Box 777 Carolina. Beach, NC 28428 Dear Nk. Thompson: The Board of Directors of the Crosswinds Homeowners Association declines to complete the certification forwarded to them. The Board of Directors was never invoWed with the transf'or or conveyance of these properties to them, never accepted ownership, and therefore questions the legitimacy of their responsibility, particularly given the current problems with the property. We are returning the deeds to you, as well as the check made payable to DEHNR (sic) that was included in your request. cc: Linda Lewis B & D Development, Corp. BUILDERS/DEVELOPERS Mr. Wyatt Blanchard County Engineer New Hanover County 414 Chestnut Street Wilmington, NC 28401 Dear Mr. Blanchard: Enclosed please find our response to a HOA. Their ongoing concern is with Crosswinds. Part of this problem is system which is their responsibility them. The other part of the problem is entering the Crosswinds ponds. January 19, 1998 letter from the Crosswinds the drainage problems at with maintenance of the and must be resolved by with excess offsite water Since March of 1997 we have attempted to resolve the offsite water issue with the parties involved. On several occasions you have told me that the developers of Beacon Woods had a plan in progress to resolve the problem. To date we have seen no progress. In late 1997 your office approved plans for the construction of some sixty lots on the land between Crosswinds Section 5 and the Roseman Trailer Park. This approval has generated additional water to the Crosswinds ponds without addressing the offsite water coming from Roseman, Hidden Valley or Beacon Woods via an undocumented ditch which jumps drainage basins, cuts through a ridge and was dug without the property owners permission. Your office denied Mr. Bakers plan to close this ditch which delivers water to the Crosswinds ponds and is directly responsible for the ponds flooding. With this winters rains, it is obvious that the problem of the offsite water must be resolved as quickly as possible before more flooding occurs and property values are affected. By this letter we request that you immediately inform us, in writing, WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 (2) of the status of redirecting the offsite water and when we can expect the project to be accomplished, why Mr. Baker can not close the ditch across his property and why, if he can not close it, the county did not take this offsite water into account in his drainage plan. We look forward to your speedy response and help in this matter. Sincerely yours, A05i Dick J. Thompson B & D Development Corporation cc: Linda Lewis Charlie Howell Crosswinds HOA John Baker RECEIVED BAN 9 1 1998 B & D Development, Corp. BUILDERS/DEVELOPERS Ms. Linda Lewis DEHNR 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Ms. Lewis: 9"'2j)i to January 19, 1998 Enclosed please find copies of our response to the Crosswinds HOAs Letter dated January 16, 1997 and a letter to Mr. Wyatt Blanchard dated January 19, 1998. These letters speak for themselves. While we realize that the maintenance of the drainage system may not be in the scope of your office, we feel that the offsite water problem is of interest to you. By this letter, we request that you use your best efforts to help in seeing that the offsite water entering the Crosswinds ponds via the undocumented ditch from the Roseman property be redirected to the proper drainage basin. We thank you in advance for your help in this matter. Sincerely yours, 0--A- Dick J. Thompson B & D Development cc: Charlie Howell John Baker Crosswinds HOA Corporation. WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 B & D Development, Corp. BUILDERS/DEVELOPERS January 18, 1998 Mr. Bruce James President, Croswinds HOA, Inc. 4913 Crosswinds Drive Wilmington, NC 28409 Dear Mr. James: Thank you for your letter dated January 16, 1997 which was received by us on January 17, 1998. We must disagree with your statements and refer you to the following portions of the Declaration of Covenants, Conditions and Restrictions Sections 1, 2, 3, 4 and 5 Crosswinds for the HOAs obligations and responsibilities to the property owners: ARTICLE I Sections 1,5,9,10 ARTICLE III Sections 1,5,7 ARTICLE VI Section 5 ARTICLE VII Section 4 ARTICLE X Sections 1,3 ARTICLE I Section 5 as amended Crosswinds Section 5 By this letter, we request that you immediately inform us, in writing, of the HOAs intentions regarding its maintenance of the drainage system as required by the restrictions. I will be happy to work with you or the association manager if the HOA moves forward with its maintenance responsibilities. I will meet with you individually if you feel it would help resolve this matter. However, if the HOA declines to accept and fulfill its obligations, we may have no alternative but to use the powers available to us in the restrictions and at law to protect the interests of the owners that the HOAs board of directors was elected to represent. We look forward to your reply and corporation. Sincerely yours, Dick homy son B & D Development cc: Linda Lewis Wyatt Blanchard WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910) 392-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 B & D Development, Corp. RECE VE BUILDERS/DEVELOPERS JAN 0 8 1998 January 7, 1998 Mr. John Baker Baker Precythe Development Company 215 Lees Cut Wrightsville Beach, 28480 Dear Mr. Baker: As evidenced by the recent heavy rains and emphasized by the rain of January 6, 1998, the problem of the undocumented ditch through your property has not been resolved. The offsite water channeled to the Crosswinds ponds via this ditch is causing serious drainage problems and is possibly affecting property sales and values. Therefore, in order to resolve the serious situation this offsite water is causing, by this letter, we demand that you immediately return the undocumented ditch to its original topography as it existed before someone entered the property without permission and dug the ditch. If action has not been taken within two weeks of this letter, we may, along with other property owners in the area, seek legal remedies to close the ditch and recover all damages available at law from the parties deemed responsible for the situation. We look forward to your help and participation in this matter. V EX Dick J. Thompson B & D Development Corporation cc: Wyatt Blanchard Linda Lewis Crosswinds HOA, Inc. WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 TELEPHONE (910)192-1537 CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE (910) 458-7730 �UUA y��.�5 2272 Uy97 Prepared by: MURCI IISON, TAYLOR, KENDRICK & GIBSON, L.L.P. 16 North Fifth Avenue, Wilmington, NC 28401 STA fli OF NORTH CAROL.INA PARCEL NO: 4-11 a0-DO1- tiO-�bW C(AJNTY OF NEW IIANOVER WYARRANTY DEED 0001Z4O ]'HIS I3EI:D, made this , day of YY '__, 1997, by and between BAKER PRECYTHE DEVELOPMENT COMPANY, a North Carolina Corporation, herein called GRANTOR, and DANIEL E. WETZEL AND WIFE, JO ANN WETZEL, whose mailing address is 5109 Mako Drive, Wilmington, North Carolina 28409, herein, whether one or more., called GRANTEES. WITNESSETH THAT: The GRANTOR, for and in consideration of the suet of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto GRANTEES, their heirs, successors and assigns forever, all that certain real property located in New I lanover County, North Carolina, and. more particularly described as follows: BEING ALL of Lot 303, Section 5, CROSSWINDS SUBDIVISION, as shown on a map of same duly recorded in Map Book 35 at Page 316 of the New Hanover County Registry- .refercmv to which -„is hereby made for a more particular description. SUBJECT to easements, rights of way and restrictions of record, specifically, SUBJECT lly,-bui not limited to, those restrictions recorded in Book 1288 at Page 1271 and in Book 2002 at Page 917 in the New Hanover County Registry; all governmental land use statutes, ordinances and regulations including zoning, subdivision and building regulations and other encumbrances of record. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEES, their heirs, successors and assigns, in fee simple, forever. And the GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEES, their heirs, successors and assigns, that it is seized in fee of the above grunted and described property; that it has good right to sell and convey the same in fee simple; that the same is free and clew from any and all restrictions, easerents or encumbrances except those mentioned above; and that it will and its successors and assigns shall warrant and defend the title, to the wine against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written. 949-&-9 &-- J-, 495464 BAKER PRF.C7!WDEVF ME MPANY !lY ' President 19V KAsM C/T1 MC 11/24/97 t� $414.00 cf.n 4V !�1�Q '��{/� r44 Real Estate (f' Eazise Tax �oox P;,cE '97 NOU 24 PSI 3 41 ,i 2 4 tJ S RECORDED & VERIFIED _ MARY SUE OOTS REGISTER OF.C:EDS`� Ni:14 HAl10K— ' -. `l0 S'1'A'1'1; OFj� �a ra LnFi t'01 N-1 N' OF _ AAA ► ; C!G g(� I{�, a Notary Public of the State and County aforesaid. cen�: i that . /! M A-1 personally came before me this day and acknoa• edged that she is secretary of Baker I'recyttte Development Company, a North Carolina corporation.., and that by authority duly given and as the act of the corporation, the lirrcgoing instrument was signed in its name by its __ president, sealed with its corporate seal, and attested by herself as its -AhLW, secretary. WITNESS my hand and official seal this��ay of -Z7.,w,&L l , 1997. otLry �bfic My commission expires: r►OTAO` STn1'li OF NORTH CAROLINA��tlllnn NEW HANOVER COUNTY 11te fi')! oing certificate of t' . Notary Public, is certified to Incorrect. __ ____......._...._. Phis day of �� 11997. MARY SUE OOTS REGISTER OF DEEDS OF N W HANOVER CO.UNre BY: .L►YJ l� Deouty WIM I CViek I Ames B. -Hur. Nov 5 '97 9:34 State Of"North Carolina Depmrtm"' �Gt Of FnVirOWnept, Health and Natural Resources, Wilmington. Regional Office governor Wayne; McDevitt, Secretary FAX COVER SHEET Date: -A To: ', 51- CO: FAX#: bil- RE 1-27 CardInAl Drive Extension, wil also I I -3l14i Telephone (910) 39S-3900 Fix (9110) 3SO-200 All Oval Opportunity kmrjnzttvc Action Employer November 5, 1997 Mr. Dick Thompson B & D Development PO Box 777 Wrightsville Beach, NC 28480 D-�A-F-T-" Subject: Crosswinds Pond Stormwater Project No. SW8 930710 New Hanover County Dear Mr. Thompson: Thank you for letter of October 24, 1997. To update you on the current situation, Mssrs. Turner and Saffo have decided to redesign the pond outlet for Beacon Woods. to run through Vineyard Green's outlet piping. Because the original modification to pipe through Crosswinds was not permitted through this Office, and they would have been denied the modification had they submitted, they have wisely decided to modify their design. This should eliminate the majority of the problems of flooding within the subdivision. The pond's storage capacity, however, must be addressed, regardless of the outcome of the other situation. The problem is that a certain amount of storage is required above the permanent pool. If that required amount is able to be provided with the current structure, fine. A modification will need to be submitted with the appropriate calculations to verify the storage, and revised details. If the storage cannot be provided as currently constructed, the structure must be reworked to provide the required storage in accordance with the approved plan. Until the engineer verifies the storage provided and the elevations of the orifice and top of the outlet structure, I cannot say right now whether or not the first inch of runoff is making it into the pond, or has enough room to be stored for the 2-5 day requirement.. The County has received notification that the ditch that this pond outlets into will be piped. The lot owner, however, apparently is going to put in some small diameter pipe, potentially causing your pond to back up even more. The County is trying to require a full evaluation of the drainage area and have a correctly sized pipe put in. This is for your information only. The regulations currently do not allow me to consider flooding and drainage concerns. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal opportunity Affirmative Action Employer Dick Thompson November 5, 1997 Stormwater Project No. SW8 930710 I received the copies of the documents you sent to Jeff Rada for transfer of the permit to the HOA. The signed originals have not yet been received from Mr. Rada. I fully expect that this situation must be resolved before that document will be signed and returned. As far as you not knowing about the transfer of ownership requirements, please read your Certification of Compliance. The first page clearly says that you must notify us for modifications including changes of current owner's name, address, project name, ownership, etc. The remaining allegations of incorrect piping, other off -site runoff, and the front pond's situation must be left to the HOA to deal with. I agree that proof must be presented to support the allegations prior to other action on this Office's part. If you have any other questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\LETTERS\930710.NOV cc: Linda Lewis 1. Require that an HOA be formed for maintenance. As regulators, our responsibility is to make sure that the facilities that are permitted will be maintained for the life of the project. 2. All common areas, including clubhouse, tennis courts, etc., are deeded to the HOA the day the first lot is sold. Landmark discloses maintenance responsibility, the monthly dues, etc. at the time of the sale. Landmark shows on the closing statement where money for the HOA is placed into an escrow account. The HOA's they set up are financially solvent. 3. Permits could be issued to the developer first with a permit condition that an HOA be legally formed and registered with the State. After pond construction and receipt of the Engineers Certification, we can all meet on the site to go over the compliance status of the pond. If all is well, we can begin the paperwork to transfer the ownership and maintenance responsibility to the HOA. If problems are present, the permittee can repair first, then we can start the transfer. 4. This is a good way for developers who build curb outlet systems to establish a way to maintain the swales. Not every home owner has a swale on their property, but they all benefit from it being maintained properly. Some developers, even though they have signed an O & M, place swale maintenance responsibility on the individual homeowner through the deed, which we do not allow, but have no way to stop, except maybe through a permit condition specifically disallowing this. 5. At the time of transfer to an HOA, get a copy of recorded covenants and deed restrictions, if not already submitted, a copy of the deeds for the common areas, and perhaps a financial statement or copy of the last bank statement. There are several companies that offer maintenance services in this area. Perhaps we can let the HOA know of the existence of these companies. S:1WQSISTORMWAT\MEMOSIHOA.NOV State of North Carolina Department of Environment and Natural Resources James B. Hunt, Jr. Governor Mr. Dick Thompson B & D Development Post Office Box 777 Wrightsville Beach, NC 28480 Dear Mr. Thompson: Wilmington Regional Office Division of Water Quality Water Quality Section October 8, 1997 Subject: Drainage Concerns at Crosswinds Subdivision Stormwater Project No. 930710 New Hanover County Wayne McDevitt Secretary Per your letters dated March 14, 1997, March 19, 1997, June 5, 1997, and September 24, 1997, I would like to respond and clarify a few things. The wording in the letters appears to suggest that it is the HOA's responsibility to provide the items requested in the Notice of Violation. As of today, this Office has not received a request to transfer this Certification to the HOA. In the eyes of the State, you are still the responsible party for issues related to the ponds, until such time as a Transfer of Ownership is received. The State recognizes that B & D Development cannot be held accountable for those actions taken by individual homeowners after the transfer of ownership, that may affect the pond's functioning per the approved design criteria, including improper sizing and placement of pipes, improper clearing of ditches, changes to the ditch slope, etc. The individual homeowners and the Crosswinds HOA will have to identify and correct those problems. The main problem here is not what the homeowner's may or may not have done since they moved in, but rather, what was represented to the State as the drainage area for this pond back in 1993, and whether that representation was accurate, given the current problems at Crosswinds. In our meeting of March 26, 1997, you alleged that the drainage from Beacon Woods Subdivision pond was flowing through the Crosswinds ponds through an undocumented ditch on the Roseman Trailer Park property. There is much confusion about the origins of this ditch. The approved State plan for Beacon Woods indicates that the drainage from the pond is supposed to be directed into the roadside ditch of Hidden Valley Road and, per flow arrows on the plan, appears to flow back to Masonboro Loop Road. I have since found out that there is a ridge line in the Hidden Valley road system between Chalice Lane and Masonboro Loop, making it impossible for the drainage to get to the Loop Road ditch. The plans were revised to drain through the Roseman ditch, however, Beacon Woods developers did not submit a revised plan to the State for approval. You have proposed to pipe this ditch through the Roseman property back to Masonboro Loop Road in an effort to route this runoff away from Crosswinds. The developers of Beacon Woods are supposed to share in this expense. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Thompson October 8, 1997 Stormwater Project No. SW8 930710 I did another inspection on April 16, 1997, to try to get a feel for how the Crosswinds site is hydraulically connected to the neighboring subdivision of Hidden Valley. Hidden Valley was developed prior to 1988, therefore, my Office does not have any jurisdiction over that development. The road system in Hidden Valley has shallow swales located within the right-of-way, but they do not appear to flow anywhere. The sandy soil provides for a lot of infiltration of the runoff into the ground. The grade of the two connections into Crosswinds from Hidden Valley at Rushing Drive and Downrigger Drive indicated only a minimal amount of runoff was entering Crosswinds, however, an elevation survey is really the only way to verify drainage at these intersections. There have been allegations by the homeowners that the first inch is bypassing the rear ponds, and flooding on individual lots is occurring due to incorrect ditch or lot grading and pipe sizing. The runoff will eventually either make it into the pond or infiltrate. The fact that the runoff is not leaving the site makes it a non -issue as far as a violation of the Stormwater certification is concerned. The regulations do not provide for disapproval of a detention pond project due to flooding concerns, or issuance of violations for flooding problems. I did however, have a computerized monitoring well placed at the outlet structure to monitor water levels and drawdown times. The data from the well indicates that the normal pool level is only about 20" or so below the top of the grate, while the approved plans call for 24 Additionally, a trash screen, as shown on the approved plans, is not provided for the orifice to prevent clogging. The PE Certification for the pond was submitted on July 14, 1995. The last allegation from the HOA is that the front pond, serving a portion of Crosswinds South, a portion of the existing Crosswinds Section I and all of Section H, permitted under Stormwater Certification No. 921115, is not functioning as approved. It is alleged that because the water elevation in the ditch is lower than the front pond normal water level, the ditch eventually backs up and contributes flow to the rear pond, which it is not sized for. Without accurate survey information it is impossible to determine if this is true. The drainage area map prepared by the engineer for this project and submitted on July 19, 1993, indicates that the flow direction of the ditch directly behind Offshore Court is split. During my site visit, I was unable to clearly determine the existence of this dividing line. Several homeowners had filled in and piped the ditch in this area. The questions that must be answered - are the pipes and ditch sloped correctly and sized correctly; and did the ditch ever drain like it was shown to on the map? Mr. Al Barone intimated that he had proof of written calculation and pipe sizing approvals from both you and county engineering personnel. I have requested Mr. Barone to provide copies of that documentation, however, to date, none has been received. Mr. Thompson October 8, 1997 Stormwater Project No. SW8 930710 Please provide survey results for these three items: the intersections of Rushing Drive with Wedgefield Drive and Hidden Valley Road, including the ditch and where it terminates; the intersections of Downrigger Drive with Wedgefield Drive and Hidden Valley Road, including any offsite drainage from Hidden Valley; and the bottom elevations and flow directions for the ditch separating Crosswinds from Wedgefield, including pipe sizes, inverts and locations of any pipes added by the homeowners, by November 8, 1997. This information can be used by the HOA and by the State to determine where the problems are. Please resolve the issue of the rerouting of the Roseman ditch as soon as possible. I had given my preliminary approval for the piping and/or ditching of this runoff several months ago. If the problem cannot be resolved by November 8, 1997, I will have no choice but to request the building inspector to withhold building permits and CO's in Beacon Woods and Crosswinds pending a resolution. Please be sure to correct your mailing address when you send in the Ownership / Name Change Form to transfer ownership and maintenance responsiblity of the ponds to the Crosswinds HOA, after this situation is resolved. Sincerely, e4'eu X�"- Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\LETTERS\930710.00T cc: Wyatt Blanchard, P.E., New Hanover County Engineer Larry Sneeden, P.E. Phil Tripp, P.E. John Baker, Baker-Precythe Properties Al Barone, Crosswinds HOA Adam Rahhal, New Hanover County Engineering 1_ Central Files LAND MANAGEMENT GROUP, INC. TO•3 1. WE ARE SENDING YOU ❑ Wetland maps ❑ Septic tank plans Environmental Consultants Post Office Box 2522 Wilmington, North Carolina 28402 -FAX: 910-452-0060 TEL: 910-452-0001 DATE JOB NO. ATTENTION RE: i�vsSW ;'2�S S/D ❑ Soil maps ❑ Aerial photo ❑ Prints ❑ Environmental reports THESE ARE TRANSMITTED as checked below ❑ For approval [f For your use 0- As requested ❑ For review and comment Ass�ss�� ❑ REMARKS: S IQ ,.�.,�. W L, W O ww � • J -` � � � l ( 1 q L •r%� j ro ..� q �or'%`� Go.)t r - 1 VLt, 1n s��n R S S cL%-� COPY TO ca Y`wer SIGNED: -- A � D m (D col �. K CA 0 oo 0 v m n m ED5; �z v OD rn� >m DZ rn� 9O 0)-0 LA DEPTH (INCHES) 9 RAINFALL (INCHES) z 0 CD 0-1- O 3 CD CD O O CD 3 12 SUI PERIOD DATES USED IN TABLED RESULTS SUM PERIOD PERIOD BEGINS 1 Mar 1 2 M ar 8 3 Mar 15 4 Mar 22 5 Mar 29 6 - - . Apr 5 . . . . 7 Apr 12 8 A pr 19 9 Apr 26 10 - - - May 3 . . . . 11 May 10 12 May 17 13 May 24 14 May 31 15 . . . Jun 7 . . . . 16 Jun 14 17 Jun 21 is Jun 28 19 . - - Jul 5 . _ . . 20 Jul 12 21 Jul 19 22 Jul 26 23 . Auq 2 - - - - 24 Aug 9 25 Aug 16 26 Aug 23 27 Aug 30 28 . . . Sep 6 - o 29 Sep 13 30 Sep 20 31 Sep 27 32 . . . Oct 4 33 Oct 11 34 Oct 18 35 Oct 25 36 . . _ Nov 1 - - 37 Nov 8 38 Nov 15 39 Nov 22 40 Nov 29 41 . _ _ Dec 6 _ 42 Dec 13 43 Dec 20 44 Dec 27 45 Jan 3 46 Jan 10 47 Jan 17 48 Jan 24 49 Jan- 31 50 . . . Feb -7 . - - - 51 Feb 1-4 52 Feb 21 1 SEEK PERIOD TOTAL ENDS Mar 7 Mar 14 Mar 21 Mar 28 Apr 4 . Apr 11 . Apr 18 Apr 25 May 2 . May 9 . . . . May 16 May 23 May 30 Jun 6 . Jun 13 . . . . Jun 20 Jun 27 Jul 4 - Jul 11 Jul 18 Jul 25 Aug 1 - Aug 8 _ Aug 15 Aug 22 Aug 29 Sep 5 Sep 12 Sep 19 Sep 26 r.-r .3 - Oct 10 _ Oct 17 Oct 24 Oct 31 . Nov 7 Nov 14 Nov 21 Nov 28 Dec 5 . Dec 12 . . . . Dec 19 Dec 26 Jan 2 . Jan 9 _ Jan 16 Jan 23 Jan 30 Feb 6 . Feb 13• . Feb 20 Feb 27 2 WEEK PERIOD TOTAL ENDS Mar 14 Mar 21 Mar 28 Apr 4 Apr 11 . Apr 18 Apr 25 May 2 May 9 . May 16 May 23 May 30 J un 6 Jun 13 . Jun 20 . . . . Jun 27 Jul 4 Jul 1 1 . Jul 18 Jul 25 Aug 1 Aug 8 . Aug 15 . . . . Aug 22 Aug 29 Sep 5 Sep 12 . Sep 19 4 , Sep 26 Oct 3 Oct 10 . Oct 17 . . . . Oct 24 Oct 31 Nov 7 _ Nov 14 . . . . Nov 21 Nov 28 Dec 5 Dec 12 . Dec 19 . . . . Dec 26 Jan 2 Jan 9 . Jan 16 Jan 23 Jan 30 Feb 6 Feb 13 _ Feb 20 Feb 27 Mar 7 3 WEEK PERIOD TOTAL ENDS Mar 21 Mar 23 Apr 4 Apr"i1 Apr 19 . Apr 25 May 2 May 9 May 16 . May 23 May 30 Jun 6 Jun 13 Jun 20 . Jun 27 J ul 4 Jul 11 Jul 18 . Jul 25 Aug 1 Aug 9 Aug 15 . Aug 22 Aug 29 Sep 5 Sep 12 Sep 19 Sep 26 Oct 3 Oct 10 Oct 17 . Oct 24 Oct 31 Nov 7 Nov 14 . Nov 21 Nov 28 Dec 5 Dec 12 Dec 19 . Dec 25 Jan 2 Jan 9 Jan 16 . Jan 23 Jan 30 Feb 6 Feb 13 Feb 20 . Feb 27 Mar 7 Mar 14 M4-tv LE 250 1 WEEK PERIOD TOTALS 'ILMINGTON.NC :TATION NUMBER 319457 :ATA PERIOD 3/1931 TO 2/1981 >Uri GAMMA SETA CAI PERCENT CHAI3CE OF EXCEEDING 0.50 INtDZCIiTED 1.00 IHCH�OOR10Z0 2.003.1i -00 d. 7. • TOTAL 0.0()0.10 ,0.25 ;ERICD 94 0 82.9 69.5 52.2 29-8 18.3 1.1 0.0 0.0 1 2 0.948 0.921 6.22 2.06 98.0 EB.B 74.9 55.5 29.8 8.3 0.6 0 0 0 3 u 1.112 1.560 0.749 0.580 2.47 84.0 80.5 74.3 71.4 63.5 54.9 46. _ 28 0 • 9�2 1.0 0.0 0.0 0.0 5 6 1.050 1.291. 0.881 0.773 6.10 3.62 82.0 90.0 84.8 74.9 58.8 23.8 18.3 1.1 0.2 0.1 0.0 0.0 7 0.813 1.034 0.687 3.41 4.28 80.0 84.0 67.7 68•.0 52.2 �2. 34.6 15.7 3.4 7.7 0.11 0.0 0.0 8 9 0.856 1.051 0.800 2.71 5.11 86.0 92.0 77.1 79. 64.1 46.2 28.6 9.9 1.2 • 10 11 0.870 1.295 0.997 0.756 3.85 76.0 71.6 63.0 49.2 28.5 37.2 5.0 15.6 3.5 0.Q 0.2 0.0 12 0.669 0. 91 1.569 1 206 7'S3 4 • 94.0 • 84.4 73.0 5E.0 2.8 4.1 0.4 0.0 13 14 1.154 . 0.804 3.77 7.P.0 80.0 92.0 73.7 E5.1 63.7 75. 68.0 42.3 19.5 15 16 0.998 1.C22 1.292 1.417 7.11 94.0 88.0 88• 79.5 • 67.4 48.7 25.9 7.5 1.2 1.6 0.2 17 0.917 0.845 1.668 1.853 9.35 5.00 96.0 98.0 b9.6 76.4 6b.0 54.7 36.3 16.5 5.3 1.7 18 19 0.850 2.775 10.92 88.0 82. 65.3 74.4 55.6 19.2 1.7 0.3 20 1.129 1.510 7.34 96.0 96.0 S2.0 89.2 80.9 S 46 1 28.3 6.c2t 1.0 0.1 22 0.91 5 0.862 1 .823 1.626 5.88 8.0? 98.0 88.9 78. 69. 68.6 50.3 27.6 2 .5 8.4 1.4 0- 23 24 0.924 1.739 5.75 7.12 96.0 96.0 E9.1 90.7 80. 6 64.1 74.4 58.8 37.2 15.2 4.0 t• 25 26 0.92E 1.306 2.312 76.1 67.8 56.8 41.2 22.9 7.6 1.5 0.2 28 0.759 2.014 8.13 8.55 8b.0 82.0 75.2 67.7 57.8 43.0 24.6 1.6 01 0.0 29 0.ea1 2.005 4.25 74 .0 E6.3 56.8 44.3 27.2 10.4 2YQ6 t -5 A' 1 9 0.4 30 31 0.945 L? ?P. 1.068 .1jCi.5� 8- 0 Go 74.1 66.5 66.3 55.7 Sb.r 42.1 �i1a7 24.5 8.5 1. 0.0 0.0 32 33 Q.9a2 0.556 0.991 2.017 4.51 4.69 76.0 68.0 4.9 54.5 45.1 45.7 35.7 35.8 24.2 23.4 12.3 10.8 3.7 2.60.0 0.3 0.0 • 34 35 0.659. 0.620 1.599 1.094 4.73 3.81 b6.0 78.0 58.3 56.3 45.0 30.6 15.5 0.8 4.4 0.8 0-� 36 0.634 1.864 1.142 6.61 4.74 80:0 82.0 66. 66.1 • 53.3 39.2 27.0 12.0 8.2 1.1 0.1 0. 37 38 O.E9E 0.774 0.697 3 ►78 72.0 92.0 55.7 80.0 41.7 65. • 25.3 7.2 0.6 0.0 0.0 39 40 0.954 0.813 1.289 3.42 2.89 82-0 81.4 67.7 49.7 26.8 17.9 0.7 0.0 0.0 41 0.750 92.0 83.8 71.9 55.2 32.2 10.7 1.2 0.0 0.0 42 1.0158 24 0;88u 4.32 92.0 96 88. 6 15.7 0.2 0.0 0.0 44 45 1 .11 1.430 0 -879 0.567 4 .62 2.58 .0 90.0 E4. 6 - 72 9 53.7 26. 9.? 0.8 0.0 0.0 46 1.317 0.627 0.158 2.54 3.10 88.00 82. 77•4 • 68.3 53.6 31.2 0.4 0.0 0.0 47 48 1.307 i;502 0.616 2.90 92.0 87.9 77.9 60.3 32.7 8.3 49 -50 1.048 0.990 3.84 92.0 66•2 74'5 55.7 29.0 Tj.1' 0.4 0.0 0.0 0.0 0. --51 1.355 0.628 3.75 2.90 92. 94.0 64.4 • 70.9 52.6 28.5 802 0.7 52 1.06° 0:783 Li. oo r-1.2'� 't.00 3 , Z."15r R : (9.2I 1 L 6 k cl.zI't I ot �.11 c•, 7 l•a - Ss' • I I �••li Loo 00 a v M n m W� �z �v on m D �> DM �z co<� 4 9O CD-0 zz 00 N 0) CL co ch Q G ,� �9 9 '19, 07 0 W. ,L9' s '99 �Q tLLI9> co ? DEPTH (INCHES) 0 0 0 0 O M O 0 I I I I I I I I I I f I I I I I I I � I I I I I I I I I i I I I I I I I I E � I I I I I I I I I I I I I I I I a.- I I I I I I I I I I C) -.& lho w CA RAINFALL (INCHES) 3 5■ cc r--i- O z 0 cn rm+. 3 C� O CA CD c%± 3 B & D Development, Corp. CEWED OCT 2 8 1997 BUILDERS/DEVELOPERS October 24, 1997 Ms. Linda Lewis Environmental Engineer DEHNR 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Dear Ms. Lewis: Thank you for your letter of October 8, 1977 which was received by us on October 18, 1977. I would like to respond and expand on your comments. Enclosed please find copies of the following: a Permit Name/Ownership Change Form, a check for the processing fee, envelope addressed to you and a North Carolina General Warranty Deed for the ponds at Crosswinds. The original of these items were sent to the Crosswinds HOA, Inc. today for their signature. We were unaware that a Transfer of Ownership had to be submitted to your office. Since the subdivision restrictions call for the HOA to own and/or maintain the common areas and drainage system and the property was legally transferred to the HOA in April of 1996, we would hope that this form is a formality and the HOA will forward it to you shortly. As I think the Attorney General would advise you, subdivision restrictions that are more restrictive than general statutes are legal. Therefore, even though we may still be the contact party and/or party to be responsible to see that things are accomplished, the Crosswinds HOA is the final party legally and financially responsible. Of course we will work with your office and do whatever we can legally do to help. In the past, the HOA has maintained the system and we are at a loss as to why they now refuse to accept their responsibility. As regards the current problems at the Crosswinds ponds, when the undocumented ditch that allows water from Beacon Woods Subdivision to flow into the Crosswinds ponds is closed these problems will disappear. In our mind and in the mind of the other parties being damaged, there is no confusion about this ditch. We know who dug it in order to jump drainage basins. WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 - TELEPHONE (919) 392-1537 WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE (919) 686-4609 (2) We know who dug it without the permission of the property owner and with no drainage easement. We know who decided to divert the Beacon Woods water to this ditch without getting the permission of your office. And we know who now proposes to send the water back to Masonboro Loop Rd. through the same topography as their original plan called for but through someone else's property. Why not simply make them adhere to their original plan, which you approved and they did not follow. The problem would be solved. As to how this project will be paid for, the developers of Beacon Woods have not contacted us since our September 22, 1997 meeting. Since they have Mr. Phil Tripp PE working on the matter, we are out of the loop and feel it is now their responsibility. Since they created the problem they should correct it. Concerning the allegations from the Crosswinds HOA, as you know, they have made allegations in the past which were completely unfounded and not based on fact. When we planned this subdivision we used certified engineers and we stand by their work. In our letter of March 14, 1997 to the HOA we asked for their engineers name, drainage calculations, and contact address so that we could work with him. I believe you have asked for some of this same information which they claimed to have. To date we have heard nothing. We therefore must respectfully decline to commit any of our assets to doing work that the HOA should provide and which might imply some legal responsibility On our part. As regards water entering Crosswinds from Hidden Valley, I will be happy to meet with you on site, bring our transit and we can check the slopes. We do not believe that any significant run-off is entering in these areas. Regarding the HOAs allegation that water is flowing from the front to the back in the south ditch at Crosswinds, where is their proof? If they do prove this to be the case, simply plugging the ditch at the break point will solve the situation. Finally, regarding the pool level and trash screen, if, after the undocumented ditch problem is resolved, the problems still exist we will be happy to do what is necessary to repair the problem. Has your monitoring well or anything else done to date shown that the first inch is being by passed? (3) Ms. Lewis, we regret the problems that the undocumented ditch, the poor maintenance and lack of responsibility by the Crosswinds HOA and the individual actions of a few residents of Crosswinds have caused and we will do whatever we legally can do to bring these matters to conclusion. We likewise applaud your action to bring this to conclusion by November 8, 1977 and hope the developers of Beacon Woods will take immediate action to resolve the matter and avoid further damage. Sincerely yours, Dick Thompson B&D Development Corporation cc: Charlie Howell John Baker Gene Roseman Wyatt Blanchard Larry Sneeden B & D Development, Corp. BUILDERS/DEVELOPERS October 24, 1997 Mr. Jeff Rada Crosswinds HOA, Inc. 4754 Rushing Dr. Wilmington, N.C. 28409 Dear Mr. Rada: Enclosed please find a Permit Name/Ownership Change Form, check for the processing fee, copy of the NC General Warranty Deed for the ponds and stamped addressed envelope to the DEHNR. Would you please sign the change form where indicated and forward it to the DEHNR in the envelope provided. We did not know that this form was needed until informed by Ms. Lewis of the DEHNR. Since this property was legally transferred to you in April of 1996 and the subdivisions restrictions require your ownership and maintenance of all drainage and common areas, we consider this a formality and ask that you complete the paper work and forward it without delay. We look forward to your speedy compliance. Sincerely yours, Dick J. �ompson cc: Linda Lewis WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 - TELEPHONE (919) 392-1537 WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE (919) 686-4609 State of North Carolina Department of Environment 4 • and Natural Resources �� Division of Water Quality C James B. Hunt, Jr., Governor E3 H N F1 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E. Director L01 der.10-1 D1111*A21 D1 jW-1 CROP* "I., 010 10.53 1-TURNIZING Permit signing official's name and title: 'bt�ttz,T -r40YKPX0h (Person legally responsible for permit) (Title) Mailing address: P,9L & x -7-1-7 City: [.tY114 Cam (19jA<,y+ State: Alt- Zip Code: 2-8*7,(6 Phone: (q10 ) ¢rg -730 II. NEW OWNER/NAME INFORMATION 2'ais request for a name change is a result of: . Change in ownership of pro a /company b- Name change only C. Other (please explain): 2. New owner's name (name to be put on permit): Zao"co iriOS (AVA 7TA)G 3. New owner's or official's name and title: M F T3 A (Person legally responsible for permit) (Title) 4 Mailing address: 4-79W City: LA)- L vK State: /V, Zip Cade: Phone: 2_ �"5 THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL REQUIRED ITEMS: This completed application 2. Processing fee of $100.00 (Checks to be made payable to DENR) 3. If an ownership change, legal documentation of the transfer of ownership (such as a contract, deed, articles or incorporation) CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S CERTIFICATION. Current Permittee's Certification: I, -EI1v ron , attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete Signature: Date: Applicant's Certification: I, , attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete Signature: Date: THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Telephone: (919) 395-2900 Fax: (910 350-2004 09/29/97 13:19 0910 452 0714 MAILBOX EXPRESS Q 001/003 a oil- FAX Pox to number. " 1 3 0- A 120 4 Attention: Date: From: Number of pages: Additional aommerrt_s: 09/29/97 13:20 IM910 452 0714 KAILBOX EXPRESS W002/O09 September 29, 1997 Mr. Wyatt Blanchard County Engineer New Hanover County 414 ChesCnut Street Wilmington, N.C. 28401 hear Mr. Blanchard., We have spoken with an attorney at Ward and S1nith and he has advised us that there are laws to protect us from the water rnn of of Beaconwoods subdivision, 01rr next step is to engage an independent Land engineer to confirm. this. Realizing New mover County has a stake in this problem, since it knew of should have known about the problems allowing the changeling of water from Beaconwoods subdivision to our property would cease, we feel.actions should be taken to resolve the situation. We do not accept any water drain off from this or any other subdivision, as this problem should have been resolved before the developing of Beaconwoods and before causing hardships on neighboring properties. Also, absolutely no equipm,M will be allowed on our small paved road or property, since no one assumes rosponsibility for any damages. 09/29/97 13:20 12910 452 0714 MAILBOX EXPRESS 9 003/003 (2) This letter is to advise all concerned parties that solid plans to re-route the water from our properly should be made before the 1Sth of October 1997, otherwise we will retain the attorney and start legal proceedings, We will ask that no more building permits be issued until this ovcrbeariug problem is resolved. We would appreciate an immediate response. ,r a q Harold E. Rosemau Eloise Roseman 4838 Masonboro Loop ]load. WUmington N.C. 28409 Cc Linda Lewis Charlie Howell John $aver Terry Tur= Dolde Sa& Dick Thompson State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office James B. Hunt, Governor Date: C(-25—CO To: be4-h G2s1eL CO: NHC C/igl�ieerl FAX #: 40-55 Wayne McDevitt, Secretary FAX COVER SHEET No. Of Pages: (� From: L iAd o L Zwt s CO: TD V G? FAX#: 910-350-2004 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer 'c-a Sep 25 197 1n:m 0 K �-,3414035 State of North Carolina D] partmot of Environment, Health and Natural Resources Wilmington Rdoonal Office Jwes B. €iunt, Gov=o r FAX To: h. 2s � Co : N�f n argil e . rr'�1 FAIL M q '541-- MARKS: e ; Wayne Mcp)evitt, Secretary SHEET No. Of Pages: From:1..1/lC�� L C,t,,uis CO: r1wC2 . F�A r4 M: J gy10-350-2004 127 Ca"I"I Drive 2ra1e090n, Wilmington, N.C. 2840013849 Telephone (910) 395-3900 Fax (910) 350 200, An Equal Opportunity Affirmative Action Employer w `� SEP 2 6 1997 BUILDERS/DEVELOPERS BY. September 24, 1997 SENT VIA FAX AND US MAIL Mr. Wyatt Blanchard County Engineer New Hanover County 414 Chestnut Street Wilmington N.C. 28401 Dear Mr. Blanchard: On September 22, 1997 I met with Mr. Terry Turner and Mr. John Baker in reference to the "Roseman Ditch Project" and the undocumented ditch.that goes through Mr. Bakers property. At that meeting we restated our offer to contribute up to $5000.00 to the project as an act of goodwill even though we have and/or accept no liability in the, matter. I am sorry to report that this offer was rejected by Mr. Turner. Given Mr. Turners rejection, that offer by us is no longer on the table. Even though his words and actions since that meeting would indicate otherwise, Mr. Turner stated that he would have nothing more to do with the situation. We regret this turn of events, but barring a dramatic course reversal by Mr. Turner, it now appears that legal proceedings will have to be resorted to in order to resolve the situation. To that end and realizing that New Hanover County has a stake in this in that it knew or should have known about the problems allowing the channeling of waiver to Mr. Rosemars property would cause, by this letter we ask that the County immediately move to refrain from issuing any building permits for both the Beaconwoods subdivision and the Crosswinds subdivision until such time as the issue has been settled in or out of court. In order not to hurt people 'who have already closed on lots but have not been issued permits, we ask that this take effect on lots closed after the date of.this letter. WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 - TELEPHONE (919) 392-1537 WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE (919) 686-4609 (2) In the event that either of the parties to this moratorium violates the spirit of the order in any manner, we would ask that the county not issue any certificates of occupancy for any houses begun after the date of this letter. We realize that this is a drastic course of action but maybe drastic measures will move this to conclusion and avoid a lengthy court battle. We would appreciate an immediate response. Sincerely yours, Dick J.' hompson B & D Development Corporation cc Linda Lewis Charlie Howell John Baker Gene Roseman Terry Turner B & D Development, Corp. BUILDERS/DEVELOPERS September 3, 1997 Mr. Terry Turner University Group, Inc. P.O. Box 4517 Wilmington, N.C. 28406 RE: Roseman Drainage Ditch Project Dear Terry: In reference to the Roseman drainage ditch project, as you know, the original cost to do the project was $10,000.00 which we agreed to split with your group. As a good neighbor, we were willing to do this in order to quickly put the matter to rest. We did this even though we had nothing to do with creating the problem and likewise without accepting any liability for the water entering the Crosswinds ponds via an undocumented ditch dug by others through property not owned by them and without the owners permission. It now appears that the cost of the project will far exceed the original price due to changes in plans and materials made by others. By this letter, we inform you that B & D Development Corporation will not participate in the cost of this project beyond $5,000.00 which is our share of the original cost and we do this only as an act of goodwill. Since we did not cause this problem and accept no liability from it we will require releases from all parties involved before committing any funds. We look forward to a quick resolution of the situation. Best Regards, William K. Trask cc Wyatt Blanchard Linda Lewis Charlie Howell Gene Roseman WILMINGTON; ^.nQ1 BA lARIAN LANE - WILMING T ON, NC 28405 - TELEPHONE (919) 392-1537 WRIGHTSVILLE BEACH: P.O. BOX 777 WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE (919) 686-4609 WYATT E. BLANCHARD, P.E. County Engineer June 16, 1997 NEW HANOVER CO ENGINEERING DEPARTMENT 414 CHESTNUT STREET WII-MINGTON; NORTH CAROL IN�TA 28401-4045 TELEPHONE (910) 341-7139 Mr. Dick J. Thompson B&;D Development Corporation 4405 Bavarian Lane Wilmington, North Carolina 28405 Dear Mr. Thompson: JUN 2 0 1997 On June 13, 1997, I met with you at Downrigger Drive in response to your June 5, 1997 letter to discuss the drainage situation along the bank of the lots on Downrigger and Outisiand Drive. As regard to item 91, (cutting down the bank of drainage ditch); after talking and looking at a video tape by Mr. Al Barone done to his property during construction; the bank of the ditch have the same elevation before and after construction. As regard to item 42 (removal of rip -rap and clogged pipe), talking to a Crosswind Homeowners Association, they deny any responsibility of removing the rip -rap, but looking at the site and considering the construction activities taking place on the subdivision, which is causing an excess amount of sediment that led to the covering of rip -rap and clogging the pipe. However, I do agree with you, Crosswind Homeowners Association have the responsibility of maintaining their ditch system and they are aware of such responsibility. Sincereiv_ Adp Rahhal Civil Engineer New Hanover County B & D Development, Corp. BUILDERS/DEVELOPERS June 5, 1997 Mr. Wyatt Blanchard County Engineer New Hanover County Engineering 141 Chestnut Street Wilmington, N.C. 28401 Dear Mr. Blanchard: Reference is made to the enclosed copy of a NOTICE OF VIOLATION received by us in March 1997. As required, we initiated an investigation of the findings and a Possible violations. Following are our for you to take immediate action to correct certain conditions. As regards item 1., we are working with the developers of Beacon Woods to divert the treated runoff from that subdivision to Masonboro Loop Road. This should be accomplished in the near future. As regards item 2., an on site meeting with Ms. Linda Lewis Of DEHNR verified that there is no potential bypassing of the first inch occurring. However, during our investigation, we discovered a serious situation concerning the drainage along the back of the lots on Downrigger and Outisland Drives. at 5908 and 5912 It is clear that the houses Downrigger Drive were built below the curbline of the road. A simple look under the houses will verify this fact. In an effort to correct this mistake, someone has ALTERED the drainage ditch by cutting down the bank behind the houses and building up the yards around the houses so water will flow to the drainage ditch. Further, the Crosswinds HOA has allowed this ditch to become clogged with vegetation and debris. As well, they have allowed removal of the rip ra the upstream end of P p placed around Outisland Drive. the pipe that runs behind the lots along This removal, along with improper maintenance by the Crosswinds HOA, has allowed the pipe to become clogged with approximately one foot of sand. WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 - TELEPHONE (919) 392-1537 WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE (919) 686-4609 (2) As a result of these circumstances, during heavy rains, the drainage ditch behind the lots on Downris ive has its banks on the Downrigger Drive sideo Droccasion. T isowed is a direct result of actions taken on the above mentioned lots and a lack of action taken by the Crosswinds HOA and constitute a DRAINAGE NUISANCE (Section 11-90 No person shall... ALTER...) as outlined in the Drainage Ordinance recently passed by the County Commissioners. By this letter, we request that your office take immediate action against the owners of the property at 5908 and 5912 Downrigger Drive and require them to return the drainage ditch to its original elevation. We also request that you take immediate action against the Crosswinds HOA and require them to return the drainage system to its original configuration by clearing the ditch of obstructions and replacing the rip rap and clearing the pipe of sand. We look forward to an answer to this request and your help in this matter. Sincerely yours, Dick J. ThompEon B & D Development Corporation DJT/st cc: Linda Lewis Charlie Howell 6JuI% ....� 2371 0265 / . -,000� or - L'-A'"zo wax) Recording time, Book and Page Tax Parcel No. 7100-004-005-000 7100-004-005-001 7100-004-026-000 Prepared By: L. Gleason Allen, Attorney, P. O. Box 241, North Carolina 28402 After recordingmailt Wilmington, BAKER PRECYTHE DEVELOPMENT COMPANY P. 0. Box 130 Faison N.C. 28341 ,e��tre�,��tz�tr,�,��t#�*,tt�,t********f:,e** STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DEED OF CORRECTION THIS DEED OF CORRECTION, made this 09,/day of May, 1997, by and between B & D DEVELOPMENT CORPORATION, a North Carolina corporation. Grantor, and BAKER PRECYTHE DEVELOPMENT COMPANY, a North Carolina corporation, Grantee. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shawl include singular, plural, masculine, feminine or neuter as required by context. 000227 WITNESSETH: THAT WHEREAS, B & D DEVELOPMENT CORPORATION, a North Carolina Corporation, previously attempted to convey the hereinafter described property to BAKER PRECYTHE DEVELOPMENT COMPANY; by deed recorded in Deed Book 2198 at Page 812 of the New Hanover County Registry; and 11 WHEREAS, the name of the Grantee was spelled incorrectly in the conveyance; and NOW, THEREFORE, the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, in fee simple, all that certain lot or parcel of land situated in the Masonboro Township, New Hanover County, North Carolina, and more particularly described as follows: A certain tract or parcel of land lying and being in Masonboro Township, New Hanover County, North Carolina, and being a part of the Hollis Land, and being more particularly described as follows: BEGINNING on an iron on the Western right of way of Masonboro Loop Road (60 ft. public right of way), said iron being the Southeastern Corner of Lot 323 of Crosswinds, Section 5, as shown in Map Book 36, Page 202, records of New Hanover County, North Carolina: Proceed thence with the Western right of, way of said Masonboro Loop Road, S 26-13-38 W 358.00 feet to an iron, thence leaving said right of way with the Northern line of Hidden Valley Subdivision, N 71-08-02 W 2087.95 feet to the Southeastern corner of Lot 220 of Wedgefield at Crosswinds South as recorded in Map Book 36, Page 191, thence with the Eastern line of said Lots 220 and 229 of Wedgefield at Crosswinds South N 19-10-00 E 366.26 feet to an iron being the Northeastern corner of said Lot 219, thence with the Southern line of Crosswinds, Section 4, as recorded in Map Book 34, Pages 101 and 102, S 70-49-53 E 470.27 feet to an iron, being the Southwestern corner of Lot 337A of Crosswinds, Section 5, thence with the Southern line of Crosswinds, Section 5, Extension, as recorded in Map Book 36, Page 202, S 70-50-o0 E 1661.66 feet to the point of beginning, and containing 17.472 acres, according to a survey by Hanover Design Services, P.A., in May of 1997. All bearings are magnetic relative to Map Book 36, Page 202. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. 524067 BOOK PAGE 2371 0266 And the Grantor covenants with the Grantee, that Grantor will WARRANT and DEFEND the title against the lawful claims of all persons claiming by, through or under Grantor, but not otherwise. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in Its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. B & D DEVELOPMENT CORPORATION a North Carolina Corporation BY: (SEAL) Vice Pre t SECRETARY '90 Nfly 22 PN w 03 RWFIM & V=r;IF[ED STATE OF NORTH CAROLINA ;'.•.'• r $u� 4v i S 4" F;:=�;STFh OF i.:r::S COUNTY OFfER FF} �•'�C:'F'; :'?. HC � _ :'.: I� SIG►1Q V• "'�uOI` , a Notary Public in and for the State and County aforesaid,--Tohereby certify that Lynn R. Ward, personally appeared before me this day and acknowledged that She is Assistant Secretary of B&D DEVELOPMENT CORPORATION, a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its vice President, sealed with its corporate seal and attested by her as its Assistant Secretary. 44 WITNESS my hand and Notarial Seal, this the c'd 1998. ay of May, Notary Pu is NY Commission Expires: 6p 1,3• ';LODO 1 STATE OF NORTH CAROIXIA New Hanover County The Foy PiW Assam, f cyWak(s) of N-4 O wsm) romic w om seili&d rokcatmet. 19 o sae ow, of Deputy/ 0382 MW or man CAROLZUk Caum Orgo WAMmR Mitt . Mom �o�� :sr iml o r - wImv Ar mo..iilm 'Sam ivig DECLARATION, made thin the aVday•of AWili 19971 by B i D'DMUOPKWIT, INC:, a -North Carolina obrporation, (heCainaftar referred to as "Successor Daclarant"). NIT•0E88ET8: Successor Declarant has caused to be tiled in. the Office of the Register of•Deeds of New lianoVir County, North Carolina, a map Of the Extension of W DDWXRLD 'AT OAOSBWZM 8001'E. This map ' is recorded in -Nap Book 36 at Page 191 of said Registry; and wHEREAS, it is the intention of the •successor Declarant - to tusks the .property shown 'on said map subject to. the sacs Restrictions and Covenants that are applicable to the original Nedgefiald At Crosswinds South, which Restrictions are recorded in Book'1726 at Page 998 of mid -Registry and amended by instrument recorded in Book 1744 at Page 93, except that Successor Declarant desires to -amend article vil, Section 3, Paragraph'E. Now, TNBREPORE, Successor Declarant her"y`declares that all of the propefties described in said map•above-referred'to shall be held, sold and conveyed subject to .the Easements, Restrictions, Covenants and Conditions -shown. In that instrument recorded in Book 1726 at Page 93s'of the New.Hinover County Registry as am6nddd by AiAndsent filed in Book 744 at Page 93 of said Registry except for the Amendment which follows: • These Restrictions are for the purposs of protecting the value and the desirability of and shall run with the real property and be bindings On' all parties having any right title or interest in the described properties.ar any part. thereof, their heirs, successors and assigns and shall inure'to the benefit of each owner thereof. Article VII, Section 3, Paragraph 8 of said Restrictions shall be deleted and not apply to the Extension .of wedgefiold ,At Crosswinds South, recorded in Sap Book 36'at Pa9e'191 of the New Hanover. County Registry. In its place will be the following now Paragraph: "E. All service utilities, fuel tanks, clothes lines and WOW- piles are to be enclosed within.a wall or•.plant screen of a type and size approved bythe Declarant or the Architectural Control Committee,. sa.'ae*t6 preclude the sass from causing a* unsightly view from -any highway, street or way within the Subdivision, or'from any other residence within the subdivision. All mail and'hewspa. boxes shall be uniform in design. Declarant will furnish mailbox design and Builder'will purchase arid'ifidtiail• same at Builders or Owners cost." iN.TESY'INONII wNERXOF, the undbrsigned::i.Oirporatton.hse catisdd this inatruwient,to bR 'executed by its president, attested by,: its isat above written. secretary ��id .sealed with' its oospoiate seal as of the' dr~y and -year f B i D 609LOP1l8 %Pz :(SUL) Preeident . (SML) 465465 bbb;{ PAGO chi= 6r Wia t11it ~ Wi�:i►l.��Y �;:�- it6i' • 'elylY aA.11Q+tclCYloit -•' • 1Y� '�;'�ie b :• o.tl�;. IMC.;•-a.Nos#yt"�ii�81f'ns•esof�pbiatioii;a�'tliat•by Aiitho�rity11yy.. given ;aid::: !�:..tAe_:;i[�t: 'b! .rtlew .OicpOratibyi, `the tsare�oieaq� :ileatraatitiptlt vfas. sifpad` ih Ue_ 11alie idMpt, siiaiaa Sfitbi it ceicpoao atd; t.td;:by.. .. 'its. Nit s yly Aarid And `otifoisl itev. or Lei, tltie �! 'April, 1"?.. NotPublici = kY coaission biipirie 1 .: ��� /3 _ : =gllOd�l%'` 097.'APR- 24 PA 1.69 ,CCORDCD AND VORIFAE C ' MARY SUL• OUTS .:. , •RFCISm OF DEEDS'. ' ItE'AI 01 UOVER CO, NC SPAII ON RDRTH :0 LIRA " - Rik! Hipu+!er•Cbreb' . .. - 'IM.. Fp VbW Ami *d Caul ) of ..Me -• :•` t 4± rmr:e �urRa . 7Ab Crc�.doD'�'l9�' • 2 RECE Y ED APR 17 1997 Al Barone Crosswinds HOA 5908 Downrigger Dr BY' Wilmington, NC 28409 April 15, 1997 Mr. Rick Shiver NC Environment Health and Natural Resources 127 Cardinal Drive Ext Wilmington, NC 28405 Dear Mr. Shiver On behalf of the Crosswinds homeowners, I wish to thank you and your staff for the thoughtful help that you have given us in trying to resolve the problems with the stormwater system in the Crosswinds neighborhood. Linda Lewis has been particularly helpful in trying to get the problems resolved. She has been very objective in her approach, requesting proof and once receiving it, acting in a decisive manner. It is very gratifying to work with such a dedicated professional. Again thank you. I hope that we will continue to make progress in working with your agency. Yours truly, Al Barone ��, c CROSSWINDS HOA B&D Development Corporation P.O. Box 777 Carolina Beach, N.C. 28428 Dear Sirs: April 13, 1997 We received your letters dated March 14 and March 19. After speaking with the state about the matter we don't understand the letters. Yours ruly, �n �(!� Jeff Rada, President Crosswinds HOA B & D Development, Corp. BUILDERS/DEVELOPERS Mr. Rick Shiver, P.G. NCDEHNR 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Dear Mr. Shiver: F C E I V E D APR 14 1997 BY: April 11, 1997 Subject: Notice of Violation Crosswinds Pond Permit No. SW8930710 New Hanover County By this letter we wish to notify you that we have received your letter of March 14, 1997. We have met with Ms. Linda Lewis, of your office, and Mr. Jim Craig and Mr. Adam Rahhal of the New Hanover County Engineering Department and wish to notify you that an investigation into the causes and solutions of the possible violations mentioned in your letter has begun. We have also notified the Crosswinds HOA, Inc. of possible actions which they may be required to take in relation to this matter. A copy of these notifications has been forwarded to Ms. Lewis. We will keep Ms. Lewis informed and involved as our investigation proceeds and will be happy to cooperate in any appropriate way. Sincer ly yours, Dick J. Thompson DJT/st WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 - TELEPHONE (919) 392-1537 WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE (919) 686-4609 ��. VV^ JK AGE �-I q7 RRR R17 9 33 6 6 9 1 :;.-. AND Excise Tax Recording Time. Boole and Page Tax Lot No. Parcel Identifier Njrrl LF ^ Oar 6; I l' p R� Verified by.. County on the day of by ,19 Mail after recording taledgefield at .Crosswinds South HOA, Inc. . .. ................. . c/o Richard _Baker, 4744 Wedgefield Drive, Wilmington, NC 28409.. This instrument was prepared by Allen and MacDonald /lrw Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 25th day of February . 19 97 , by and between GRANTOR BAD DEVELOPMENT CORPORATION, A NORTH CAROLINA CORPORATION c00u1,4. GRANTEE WEDGEFIELD AT CROSSWINDS SOUTH HOA, INC. Eater 1n appropriate black for each party: name. address, and, if apPbPriate, character of entity, eq. eerporatiea ar partaershlp. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shalt include singular, plural, masculine, feminine or neuter as required by context. 9VITNFMETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain Int or parcel of land situated in the City of New Hanover Township. North Carolina and mare particularly described as follows: All of the "Common Area" shown on map recorded in Map Book 33 at Page 240 of the New Hanover County Registry, reference to which is hereby made for a more particular description. 461649 l aa, iw.r 1 Mal V 7 , 1 V',,. Ka wd < W1 rwa re r.. ,,. �r+. r.►..w w [ r'rrt yr���+ar ^ -••• w Yam+...-.v ; M Ms ar, •"" to ALMGI� and MwDONAM zi N. Seh SLr Wilminom, NC BOOK ?158 'AGE 0692 The property hereinabove described was acquired by Grantor by instrument recorded in .. — .. .... . . ........ ....... I ... .... .... -1 ........ ...... ....... . ............................................. A map showing the above described property is recorded in Plat Book 33 page 240...... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: I. RESTRICTIVE COVENANTS OF RECORD, IF ANY. 1. EASEMENTS FOR UTILITY SERVICES OF RECORD. 3. ZONING AND/OR SUBDIVISION ORDINANCES AND REGULATIONS. 4. 1997 ADVALOREM TAXES FOR NEW HANOVER COUNTY. LY syrrNiii wigRitoP, thr Cnat" has hrrexnlo mI Air erne and fexl. or If <erporale, has nrsrd this instrument m he slcaed W W code Wi name by lu dniy arWsrlted officers and Us seal to k henun[s affixed by aniharitr of its Boned of Dlrecmn, the day and year fktdt aN•e welttow. B6D DeveloEmen _Corporation, A NC CorRoratia(� - ------------ co ate Name) -(SEAL) J ............................ 'I. By: --------------- __ �+ /. --------------------------------------------- _(siAL] LITE---...P.(4.fffl01id4eft-Ld........................... _______ ___ ______________________(SBAW :I ---Secretary (corporate seal) •� ' UC NORTH tARMINA. •- Y 1, a Notary public of the eonnty and state aforesaid, certify that ,5......................_....______.___.. _.. _...____.___._.__... ........ ... ................ Grantor. ill ptrmnaay appeared before me this day and acknowledged %be execution of the faresMat MstrumenL wWnt my hand and official sump or seal, this .._ goal or ....... --•-••-•- Ip- - my-romisslM expire: _ ............................. --•rr ��.•Oi�`Lshsr�p NORTH CAAOLINA Nev Hanover .• F county. O P y f. ■ Notary Public Of toe Cmmly bad state at-v aid, ..tgFy this ... I 1tM..$r .'Jl8]Cd_---_----__ O a persondly came before ms this day and ac ow S �•_-�•- = jQ a kn ledged that A iSCatl 36D Development Corporation he a �a--- 4".......... secretary of 2 • j sal............e.......... ............ a North e and thU Carolina corporation. - a PUB is B4��% 2 = Y clean and as the act at ule ...Vacation. Me roresolag Ittstrnmenl wassigned,to Its name byby aaWrlW S f ' : Peesideat- sealed wkk Its corporate ], its _1ijjCE__. defy pe-fe tea) bad attesW by as Ns...... Assfr Cant-•-•--- aacretaey. CO��t, "'Are -y aaad and wnetu camp or stilt. Law Zititday at __FICbJCyt3ry rrrrrutlpt"+` 7-11-1000 MY cemmhtlon expirta: _ /�. %; �, •i .__........................... ........ .. .... _. saivRiJr✓ Nil. The toreaolne [erelrlrarNs) at _...___ _______________________ s are Page knees a ►e lorreeL 77da inalrunWrt and this certificate are dd relislend at Ike do ............. M _week _ Inc page ►ereof. g/�p/�bTTLL. y to aM time bad M th! Bash aM pace "elm N at _• ..... _ .__r— cce_ �., is{dge?...................... REGIS1. Lit Or OLEDS ►Oi..__._._. •_•[OUIR! .... 1011-44t S7 _ ............................. DesmWi brahanot-_SIMer of needs \ r Are 4rtnc Fam v..3 a Iv'6. Ik+nN t IeTi ..Y., e.rnac. y se..:r •.►-.•..a c rroM B & D Development, Corp. BUILDERS/DEVELOPERS Mr. A.V. Saffo Coldwell Banker Hanover Realty 3901 Oleander Road Suite E & F Wilmington, N.C. Dear Dokey: On Monday March 24, 1997 you and I met Hidden Valley Road. Also present were Hanover County Engineering Department, Roseman. The purpose of the meetigg was Problem occurring in the area and" "find a solution to this problem. March 26, 1997 MAR 31 1997 at the pump station on Adam Rahhal ` of the �ew Dick Thompson and Gene to discuss the drainage temporary and permanent All parties present toured the area and assessed the situation. It' was decided -that--the. best "permanent'"-solutiori would be" to Move the water coming "from Beacon"Woods to''Masonboro-Sound via a pipe under"Masonboro Loop Road. As a temporary sol.utiori, the undocumented ditch across" the' "property to the north of the Roseman property would be opened -to' a -level to preve4t flooding. It is my understanding that you agreed that Terry Turner and I would work together to accomplish a permanent solution and that your group and ours would split the expenses of the project. Since we are anxious to begin the work would you please notify me, by certified letter return receipt requested , if this is not your exdct recollection of our agreement. I look forward to working with Terry to solve this pressing prool'em . Best Regards William K. Trask B & D Development Corporation cc Adam Rahhal Gene Roseman Charlie Hollis Jim Craig Wyatt Blanchard Linda Lewis WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 - TELEPHONE (919) 392-1537 WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE (919) 686-4609 L' Kas S.JE.M.S Rough draft - 2/24/97 DDECEIVE Scsme of the the things that need to be verified by reexaminat n/HIS (This list is not necessarily complete.) An ( I ) The capacity of the ponds is limited by a high water tablr15R6g?ye? EduW to the swampy location of the ponds and the close proximity of recently cons ruc_eff homes. What is the actual capacity from the normal level to the maximum level defined by the adjoining backyards? (2) Water infiltration from adjoining Wedgefield/Crosswinds areas such as the (a) Roseman property that drains via ditches into Crosswinds ponds. (b) Masonboro road ditch network that collects water from various areas such as Hidden Valley, Vineyard Green, etc. These areas are now draining into a "future Wedgefield section" via several undocumented ditches that drain into the ponds. They do not appear to have been taken into consideration in Crosswinds drainage calculations. (3) The ditch system fails prematurely. In particular, the boundary ditch between Wedgefield and Crosswinds drains into a Crosswinds ditch at a much lower elevation level. Both ditches and the recent new Wedgefield section are restricted through a relatively small diameter pipe which flows into a very; ,hallow ditch feeding the ponds. Simply increasing the pipe size will cause the shallow ditch which fails first to fail even that much sooner. (4) The entranceways to the development on South College(2), Masonboro and Downrigger streets admit a substantial amount of water into the development. It does not appear that they entered into the calculations and in fact the t1asoijhoro and Downrigger entranceways were not defined in the earlier development plans when the size of the ponds were first calculated. Photos and eideo of the Wedgefield entrance indicate a substantial flow of water o►-(to property bypassing the front catch basins. See Jim Baker ('799-8358) for details. (5) Hidden Valley development drains /ia higher elevation into Crosswinds. This has +-ot been taken into consideration in drainage calculations. (b) According to the NHC county planning department the front pond in Wedgefield was supposed to receive the runoff from 93 Crosswinds and Wedgefield lots. The rear ponds were to receive the runoff from the remaining lots. However, the area that drains into the rear- ponds appears to be receiving the runoff from more lots than the original plans called for. This is due to the connection of the front pond with the lower rear ponds via both pipe connection and street overflow. (7) The nonexistence of drainage ditch where easments exist can lead one to draw a false conclusion. For example, if one looks at plats it would appear that Hidden Valley was separated from Wedgefield by a ditch. In fact, then are not and water which flows on the streets in Hidden Valley towards Masonboro winds up in Crosswinds ponds. The reason why an individual looking at drainage maps might be misled is because drainage easments are shown but diches do not exist. (8) The front pond which is not being properly utilized (nay be smaller than the 0.5 acre shown on the plans. (9) The plans shoim a ditch slope of 1/3. In many cases this is not important. However, in the case of the ditch between Crosswind and Wedgefield the ditch Malls are completely vertical and range anywhere between a b to 10 foot drop. Aside from correcting a dangerous condition having a slope would increase the water holding capacity of this very important~ ditch. A l T., r- - • r r ;-. ;1 .-. . .r - - T _ _ _ T i r =l"yic_ P010L. 10 early (:flans it dis"Outed water elsewhere. Now, all water is concentrated into a single pond outlet which restricts outflow. (11) Elevations shown on original maps that are used in the planning phase maynot be correct due to the fact that large amounts of soil have been shifted around the site as well as trucked array. This can make a situation look much better- on paper- than in reality. (12) Switching between engineering firms for different sections has led to a lack of understanding of actual conditions. This has resulted in the overuse of key ditches since the second engineer is not aware of how much water a ditch is already carrying. For example; When our investigation began we called Larry Sneedon who now works for Andrew & Kuskee, 343-9653. He said that he and the company he works for is no longer involved with Crosswinds. He told us that Hanover Design, 343-8002, is now responsible for the drainage design for the new section of Wedgefield. We spoke to David Hollis who designed the latest Wedgefield section now being prepared for development. He indicated that he was not familiar with the flooding in Crosswinds nor did he do any analysis on overall drainage. He merely drew plans to tie into an existing system:. He takes no responsibility for any drainage problems since he was merely contracted to tie into a system that had been previously approved. So as a result he does not: avoid using a fragile ditch that it is already at capacity. The oet= effect of the above items is that all water- (other than the small amount captured by the front pond) from outside of the development plus the Purtoff from the development; is being sent to the rear ponds. Thus, these ponds are forced to handle more acreage than the development size itself. Ditch overflow quickly floods onto property and streets. B & D Development, Corp. BUILDERS/DEVELOPERS March 19, 19}97 Mr.. Jeff Rada Crosswinds HOA, Inc. 4754 Rushing Dr. Wilmington, N;C. 28409 Dear Mr: Rada: Enclosed please find a copy. of a No;�=E` 0>a' vIOI:A'TION from the State of North Carolina which we received on March 17 1997. In this notice two violations are mentioned. One concerning the undocumented ditch, which we are in the process of investigating and one concerning other ditches and pipes. The improper sizing of pipes we disagree with as any pipes put in by us were sized by our engineers. The need for maintenance of these ditches and pipes is the responsibility of the Crosswinds HOA. Further in this notice, the State asks for a "Plan of Action' and states that this must be provided by April 14, 1997 to avoid possible enforcement action. In order to comply. with the State's request, by this letter we request you immediately forward to us the following'r 1. A "Flan of Action" which. indicates the actions you will take to correct these maintenance deficiencies. 2: The date upon which these actions will begin and an expected completion date. Please have these items ..to us. by April 10; 1 §07 so that we may comply with the State's deadline. WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 - TELEPHONE (919) 392-1537 WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE (919) 686-4609 Be advised that your failure to provide this plan or to correct the deficiencies may result is our having. to enter .the properties, under rights granted us in the Subdivisions Restrictions, and correct any perceived problems we encounter including but not limited to the ones outlined in our letter to you of March 17,' "1997. Should this action become necessary, we will seek' all available"remedies"at law to recover all costs plus our normal fees. Should any sanctions be imposed by the State due to your lack of action we will ''seek recovery of all available damages both actual and punitive. We look forward to your immediate reply. Sincerely yours, Dic Thompsom B&D Development Corporation DJT/st cc': Linda Lewis Wyatt Blanchard Jim Craig Larry Sneeden aw. State of North Carolina DePaMnent of Environment, Health, and Natural Resources Jams H.11uat, Jr. Wilmington Regional Office DIVISION OF WATER QUALITY Jonathan H. Howes Ooveraor WATER QUAII.rrY SFrC nON Socrot=7 Mr. Dick Thompson B & D Development Post Offce Box 777 Carolina Beach, NC 28428-0777 ,,. Dear Ift Thompson: March 14, 1997 Subject: NOTICE OF VIOLATION Crosswinds Pond Stormwater Permit No. SW8 930710 New Hanover County On MXuary 20, 1997, Wilmington Regional Office personnel received information concerning the protect known as the Crosswinds Pond, located in Crosswinds Subdivision, off South College Road, Wilmington, New Hanover County, North Carolina. The pond was designed to serve the remaining phases Of Crosswinds which is a low density subdivision with curb and gutter, streets. The information contained in a memo dated February 10, 1997, signed by Wyatt Blanchard, P.B., New Hanover County En and Mr- Al Barone of the Crosswinds Homeowner's Association Drainage Committee, utlineveral Problem areas that the HOA feels need to be addressed to reduce flooding in the subdivision. Several of the allegations have a direct bearing on the terms under which the Certification of Compliance with• Stormwater Regulations, No. SW8 930710, was issued. The violations found are: 1 • That runoff from neighboring developments is entering the pond through ditches that were not shown on the approved plans, thereby reducing the ponds ability to contain the first inch of runoff from Crosswinds. 2. - That a portion of the system of interior ditches and pipes which convey runoff to the pond are improperly sized, and in need of maintena=, resulting in the potential bypassing of the first inch. 127 CAP" Ddv* Bxtao010n, Wdn iVon, N.C. 28405 US • Telephone 910-395-3900 a Pax 910-350-2004 An E9ud CPPOduniW Affirmative Action EWloyw ff 7 Thompson: I 17,1997 I . Stormwater Permit No. SW'8' 030710 To correct these, violations you must: 1. Provide a Wpog*Wc survey 6f the br*4 which ii di s ifiouib elivationsto.deterogn the flow direction of the runoff, and , which areas are draining to the p-ioadiand' wWh,oqw are not. The survey should also -indicate the oqatipn of all off -site ditches that are entering the property, the flow direction, the drainagearea served by those dii6hes , and an indicilaon of the imperviousness of the offshe areas. 2. Provide a "Pan of Action" which indicates the actions you will undettake to address these violations and an expected date of completion. F&HUM to ProvW the "Plan of Action* or to initiate an investigation gatio by April.14 1997, may result in the initiation Of enforcementattion, and a request by this Cf�filcie'­ ' � , , " , �;. -1 WI e New Hanoy.8f County Building Inspector consider withholding building permits and nd Certificates o . f . 9. Occupancy for Crosswinds until this matter is satisfactorily resolved. V you have any questions concerning this matter, please call Mks'.. Linda Lewis it (910) 39­5--3'9'00.- Rick. Pbiver,.P,G. RegionalSupervisor RSS:%id SAWQS\STOR'MWArNOVCB100710. 90: LUTY Sneaka, P.E. Wyalt,Blandha* P.E., Now Hanover County Ea&w Bradley. ,Bean a Beth Rulcy,_ Now Hanover County Enghuming Al Boom, Crd&Mndo ji0A Drainage Committee LAS& Lewis candofte MAR 18 1997 B & D Development, Corp. ......--------------------- BUIL-DERS/DEVELOPERS March 14, 1997 Mr. Jeff Rada Crosswinds HOA 4754 Rushing Dr, Wilmington, N.C. 28409 Dear Mr. Rada: Thank you for your Memo and letter of. February 19, 1977 which were received by us on February 24, 1997. We also received a copy of your letter to Mr. Blanchard and Ms. Lewis dated irarA 12, 1997. This letter is in response to those three items as well as to notify you of problems which are the Crosswinds HOA's responsibility and must be corrected. As regards the unsigned Memo written by Mr. Al Barone on February 10, 1997, we appreciate your efforts. The pipe under Masonboro Loop Rd. was not known to me. We feel that you should investigate the utilization of this outlet by contacting the State and seeing what can be done. This would help alleviate offsite waters from entering the ponds. This would also help correct the undocumented ditch situation you mentioned. Please rest assured that we are investigating this ditch and what can be done with it. Regarding your, analysis of what pos§ibly could be done; we appreciate your effort, but must remind you that we employ certified engineers to plan our projects and we stand behind their work. If you would supply us with your engineers name, qualifications, drainage calculations and contact address we will be happy to contact him to discuss this matter and his recommendations. One item not fully ex cored in p your Memo is the proper maintenance of the "existing system:, As you are well aware, it is the Crosswinds HOA's responsibility to maintain the drainage system as spelled out in the subdivisions restrictions: Following is a list of the items which our analysis has uncovered to date and which the HOA should accomplish as soon as possiblei 1. Remove all pipes that were Out in by individual homeowners. These were installed witfibut regard to size or rirection of flow and contribute to water backup: WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 - TELEPHONE- (919) 392-1537 WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE (919) 686-4609 (2) 2. Have homeowners rebuild ditch banks that have been cut down to accommodate..houses that were• built.bel.ow the street curb line and thus -did not drain properly. 3. Repair. holes. in. pipes made 'by:`_homeowners putting up fencing ect. : 4. Remove waste and debris dumped in ditches by homeowners and stop its continuation. 5. Clean.ditches of underbrush. 6. Remove: -plastic and,, other. debris that has been allowed to settle in drainage pipes.' 7. Stop kids from removing rip rap in ditches and replace what has been removed. 8. Remove sand that has accumulated in pipes because of 7. above. _ 9. Make sure the outlet structure at the ponds is kept cleaned. I, checked these . on March 13-y .1-997 and they were. covered. On March .14, 1997 it rained 1.75 ,inches. 10. Clean. out -the levelingpipe that connects the ponds underwater at Crosswinds -Dr..._ .. Would you please furnish us a copy of your maintenance plan for --the system and. let us - know what funds have been: escrowed to cover this plan and when you plan _to accomplish -.the above maintenance. By properly maintaining the system we believe your problems will be solved, especially if the following. items can also be accomplished. - 1. Have the appropriate parties clean and maintain downstream drainage. 2. Divert -the water from offsite via the pipe under Masonboro Loop Rd. Please .inform us..of your- progress. since.:.your letter of February 19, 1997.,- In response to your letter of March 12, 1997, our contractor made the connection in -mid February not on -or about .March 5, 1997 as you letter states" Therefore we had not received your Memo which b arrived on.. 24 1997.-Be that as it may, we refer you to our comments above regarding our engineers -and ask again that you furnish us--with:the,requested information about your engineer and analysis.-- Wyatt Blanchard NHC Engineering 414 Chestnut Street Wilmington, NC 28401 Linda Lewis NC Environment Health and Natural Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Blanchard and Ms. Lewis, IMCFgBC�li� MAR 14 1997 Crosswinds HOA 4754 Rushing Drive Wilmington, NC 28409 March 12, 1997 a i ORMWATER On or about March 5, 1997 B&D's contractor (Rivenbark) connected the new section of Wedgefield to the existing storm sewer system in Crosswinds. The action will now cause the overloaded system to fail even more prematurely. We understand that the NHC engineering department had requested pipe related data from B&D's engineer a couple of months ago. There was concern that the pipe under Downrigger Drive might be undersized. We also understand that as of March 10, 1997 no data had been furnished. Now, with the new connection into this same questionable pipe, a more severe problem clearly exists. The recent work in Wedgefield runs completely counter to the analysis we and the county had documented and provided via copy to B&D. In that memo we had indicated that two pipes would probably be needed to both carry the water and not overload the ditches. A copy of this letter is being sent to the developer for his information. :s truly, ap Rada, President .sswinds HOA SENDER: sComplete items t and/or 2 for additional services. rA ■ Complete items 3, 4a, and 4b. d ■ Print your name and address on the reverse of this form so that we can return this card to you. Attach this form to the front of the mailpiece, or on the back if space does not ;! permit. ■ Write'Retum Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date C delivered. 0 a3. clressed to 4a. cle N £t 4b. ervice " I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. r❑Retc°+ - %� ❑ Registered Ified ❑ Express Mail ❑ Insured C- � V—Z� urn Receipt for Merchandise ❑COD 7. Date of Delivery 5. Received By: (Print Name) 8. Addressee's Address (Only if requested and fee is paid) �I g 6. Signa Agent) a°. X a PS Form 3811 Dodlei'm-ber 1994 Domestic Return Receipt (� P 146 526 202 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent toStreet & (� Number 1 P State, & IP Code � Z74Z$ Postage $ .Z Certified Fee ' Special Delivery Fee Restricted Delivery Fee LO Rgtum Receipt Showing to j v _ Whom & Date Delivered . gReturn Receipt Stowing to Whom, Date, & 444ress ToS: "tY y ti C as E 14 199 �. State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. DIVISION OF WATER QUALrry Jonathan B. Howes Governor WATER QUALITY SECTION Secretary March 14, 1997 Mr. Dick Thompson B & D Development Post Office Box 777 Carolina Beach, NC 28428-0777 Subject: NOTICE OF VIOLATION Crosswinds Pond Stormwater Permit No. SW8 930710 New Hanover County Dear Mr. Thompson: On February 20, 1997, Wilmington Regional Office personnel received information concerning the project known as the Crosswinds Pond, located in Crosswinds Subdivision, off South College Road, Wilmington, New Hanover County, North Carolina. The pond was designed to serve the remaining phases of Crosswinds which is a low density subdivision with curb and gutter streets. The information contained in a memo dated February 10, 1997, signed by Wyatt Blanchard, P.E., New Hanover County Engineering, and Mr. Al Barone of the Crosswinds Homeowner's Association Drainage Committee, outlines several problem areas that the HOA feels need to be addressed to reduce flooding in the subdivision. Several of the allegations have a direct bearing on the terms under which the Certification of Compliance with Stormwater Regulations, No. SW8 930710, was issued. The violations found are: 1. That runoff from neighboring developments is entering the pond through ditches that were not shown on the approved plans, thereby reducing the ponds ability to contain the first inch of runoff from Crosswinds. 2. That a portion of the system of interior ditches and pipes which convey runoff to the pond are improperly sized, and in need of maintenance, resulting in the potential bypassing of the first inch. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 ® Fax 910-350-2004 PR Equal Opportunity Affirmative Action Employer Mr. Thompson March 17, 1997 Stormwater Permit No. SW8 930710 ----------------------------------------------- To correct these violations you must: 1. Provide a topographic survey of the property which indicates enough elevations to determine the flow direction of the runoff, and which areas are draining to the pond and which ones are not. The survey should also indicate the location of all off -site ditches that are entering the property, the flow direction, the drainage area served by those ditches, and an indication of the imperviousness of the offsite areas. 2. Provide a "Plan of Action" which indicates the actions you will undertake to address these violations and an expected date of completion. Failure to provide the "Plan of Action" or to initiate an investigation of the violations by April 14, 1997, may insult in the initiation of enforcement action, and a request by this Office that the New Hanover County Building Inspector consider withholding building permits and Certificates of Occupancy for Crosswinds until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Ms. Linda Lewis at (910) 395-3900. Sincerely, t , C_ u-,--- 5 1, v (�- r- Rick Shiver, P.G. Regional Supervisor RSS:1arl S:1WQSISTORMWATINOTICE1930710.FM cc: Larry Sneeden, P.E. Wyatt Blanchard, P.E., New Hanover County Engineer Bradley Bennett Beth Easley, New Hanover County Engineering Al Barone, Crosswinds HOA Drainage Committee Linda Lewis Central Office February 10, 1997 MEMORANDUM TO: FILE STORMWATER FROM: Wyatt E. Blanchard, P.9.b M E C E 1 V ED County Engineer FEB 2 01997 Al Barone ' ` (d�' PROJ # nD 9Q3o710 Crosswinds 'homeowners Association Drainage Committee SUBJECT: Summary of Crosswinds Drainage Discussions by New Hanover County Engineering and Crosswinds Homeowners Association In the spirit of cooperation, the New Hanover County Engineering Department and the Crosswinds Homeowners Association have jointly studied the drainage situation in the Crosswinds development and have discussed solutions to various problems that exist. This memo only discusses system wide problems. It does not discuss individual homeowner difficulties. Furthermore, there is no implication of blame. The purpose is to help find solutions. The flooding which exists in Crosswinds is the result of many factors. Likewise, there is no single solution to these problems. One improvement is long range and will take time. Others are fairly simple and can be done immediately. All parties are needed to improve the drainage in Crosswinds, - the State, County, developer and the homeowners. (This memo does not obligate the county in any way to fix the problems described.) Jim Craig has correctly pointed out that water needs to be quickly moved out of the development after meeting the State requirement to contain the first inch of runoff. At present, the exit point is through Tanglewood which is itself flooding. Examination of Masonboro Loop Road near the Roseman property by the New Hanover County staff indicates that more water can be handled with a larger pipe under that road to fix a poorly utilized outlet to the intracoastal. Therefore, it is desirable for a long range plan to utilize another exit point for water to leave the development. The Masonboro outlet would make the most sense. FILE February 10, 1997 Page Two Aside from a limited outlet, there .is also limited capacity within the ponds and ditches. One of the reasons is that they were originally sized without taking into account that water comes from off site via undocumented ditches from the Roseman property. In addition, the ditches that supply water to the ponds fail frequently at 2 locations. This is especially so behind lots 216-219 in Section IV of Crosswinds. It is only a foot deep. Yet, water flows into it from half of Crosswinds, most of Wedgefield, and off site via Roseman. Further "upstream" the ditch between Crosswinds and Wedgefield drains into lower ditch and both are restricted by a pipe that leads to the ponds. This causes premature failure of the lower level ditch. As indicated above, there is a state requirement to contain the first inch of rain. This means the following items will need to be addressed: 1.) The capacity of the ponds may need to be increased, especially if another section is added to the development. 2) The Wedgefield/Crosswinds boundary ditch may need to be separated from the lower level ditch to avoid premature failure of the latter. Separation of the ditches can address the pipe restriction by using 2 pipes. Not separating the ditches and replacing the pipe with a larger pipe, although possible, may have negative implications on the next item and might be more expensive. 3) Failure of the shallow ditch behind lots 216-219 may also need to be addressed. This can be done by routing a separated Wedgefield/Crosswinds boundary ditch through a separate pipe thereby reducing the water that flows in the shallow ditch. 4) One key item for the homeowners is to increase the size of older ditches where feasible. Continual cleaning will also be required by homeowners. 5) It may be the developers advantage to convert a separated Wedgefield/Crosswinds boundary ditch to a finger pond by widening the ditch to effectively add pond capacity. This would be less expensive than using an extra lot. New Hanover County has no duty to design, undertake, maintain, or pay for any drainage activities in Crosswinds. WEB/AB/aj BOOK 21.2 3 . �t 4� Tax Lot W. PAGE 0093 sim samosa Cm sC 01/0V97 ' $1809.00 Mp ITY N Reel Eeute (�ipCiS1GP �aY. r i Haab. Tax S 1 00 '97 JnN 2 fin h 22 'EMIPE 1 AND Y: pis !CD N.A. f OC!TS .m..;TER Ci oEEDS NEW 00.110 RacardNi Time. Hank alga O ........................................I......... ........ Panel ldantilfe j4u.0 ....... 100 - 'I . W �t y�1 RA 1 pii..oc�.-l.1................. VsriAed by ............................................. County on the ..... d by............................ y , 18....... Mail after recording toBAKER-pR6CYTNE, DEVELOM7ENT COMPANY ............ ,...hAuc...13A�_..fis�aaA...!urxA. Ca> olfna.....834i .......... This histtnmaat was prepared by ...ALLEI1•.and.. llACPQPALD. 21?. N. nR _ FI.STRAIRk.. WILNINCTON.... 28401 Brief description for the index . ...I......... Lots 320-•336 and 350-339, Crnsavin s S/D. Sec 5 Extension NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ...r..l day of . ........DECEMBER....... , 19.96. .. by and between WAL&NTOR BSD DEVELOPMENT CORPORATION A NORTH CAROLINA CORPORATION GRANTEE BAKER PRECYTHE DEVELOPMENT COMPANY L' hater V appropluk block for sack party: name, addr"% a" H APP"Prlale, ebameter a# eatlly, a.a sarparalton r _T=aunklR The designation Grantor and Grantee as used herein shall include said parties, their heirs, d assigns, and WITNESS context. successors, an shall include singular, plural, masculine, feminine or neuter as requiredby co 8T$ that the Grantor, for a valuable consider:tfon paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of HEN. BANOVER County, North Carolina and more particularly described as follows: Township, .BEING all of Lots 320, 321, 322, 323, 324, 325, 326, 327, 3281`i193k', 330, 331, 332, 333, 334, 335, 33 a 350, 351, 352, 353, 354r 356, 357, 358, 359, SECTION 59 INDS SUBDIVISION, as t a shown on a map of same duly recorded in Map Book 36 at Pagd 202 of the New Hanover County Registry, reference to which is herebjr mats for a more particular description. M-rx &I brl N. C. 8n Aux. Pone Nr. 3 0 1976. Robed E 1977 - wa..a+e..a v ,... a,. ur...►..r,. c tzar 4502 tj u e001( PAGL + 2123 0094 The property hereinabove described was acquired by Grantor by instrument recorded in .................. d Akde.Nev.Ranover.county, Registry. ................................................................................................. _ ..... ............ ..... ......... A map showing the above described property is recorded in Plat Book .. page TO HAVE AND TO HOLD the aforesaid lot or parcel of lead and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor wilt warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: (1) Restrictive covenants of record, if any; (2) Easements for utility cervices of record; (3) Zoning and/or Subdivision ordinances and regulations; (4) 1996 ad valorem taxes for New Hanover County. IN tefTNass waanaer. the Granlse bas hereNnta aI his head and sed, or if corporate, boa nosed Ibis lastrook"A to s■ ts1IabaN eeR Ito ertrseakwe aby its duly soLhorked oHkess and Ik semi to be h■reota Smote by sathwily of ns Image or strmbave, the der ud YeaJim■boos wdttes. 8fiD DEVELOPMENT CORPORATION A CARALINA_ COEMPAX108 ..... auw (Ceeyanes Wager) � - - Y. ay: ------ - -- Y ______________________________________________________________MAIL, Yiee :_ "Saudis gar: 'S .. ..............-------------- -•------------•------••-•--(sRwL) -----•---- - - •----•-------- •----------- •- m 4`— s l Aeteetaq t (cagpoeale Sea �..AF .......... ._ . . . ._.. ................................. NORTH CA110L1NA___________________________________ Ceanty. •_ _ - ' Ik. A 1. a moary "None of Ibe Ctomty and State mielesat0. reFIVY Ihat CD us ___________________________________-___..._._._____.__... __.___._. ___.____.......__ ___ Greater. 555 e[ju4 ponss ny app—d -care me this day sae acknowledged the eaeenums Of the fo 901mS lnstrmneaL wlWess my OflL = •O. �._ '• .. 7 hod and e[flelal army or real, u1k day of ___________.19 a------------------- sayeommlmlen saPlres_ ___________ ___________'-____._ ..-__'____.....__-__. ..__ N■4ry M1k feoRTH CAst01aNA.____XEir_AM[)Y&L............ county. 1, b Netaey "ablk of the C■emly and ante arorea■Id, raiSn' Ihmi _ LYl!11V,RIVENBARK___.__.-__ --•----• Peesenany ewe kitten me this day and arhaswkd[ed that _..S am H __.8,3SIS�d13T�___,_----- [eesetaty at „ given hd .6d2YjlE�T _StQ>�ORATIGN ___-__ a North Careltaa carpormileN, and that by a[thmty doy "NA[free Ned ae the act aI the cNe"erahe4 Iha f "IFO S hawanmaat wee signed In as name by He ______ i PremideNt. waled Ism In,tewpsrbte semi od aumled by ......_.___ as as ._AS11SS.TAI$X-..-.____._ gee-.,. 7 tt' 11 Wilrea my hash Ned aHkW Rsam x .eat this _i_L___d,ry _,_,_jI•FBFR ---•---- 17- 9§ --.. MY eemmlaloa elptm! __ �..��. trYY.�_---------- • � _ ___ Now Public Sae ""going eerUncata(•) of .____________________________._______________________..____________________-_____.______......_________. ---------------- ___________________________________________________________________________ _ 15 an Collings to ee CarrerL This lastrgmeat bad his Nluntmie ars daily reglskred at the dais and urea and is the stash and "age hew■ as the Rest Page besemi. _ RaGlaTxt OP ataOB PtIR__...0. •,` __________________....._....... Refkler of seeds w lrbe:aw,r r ►arm M,. - e+s 19,6. I=—dc• 19Y7 r..e,r,..arn.,. a. car •o+.nr e c Hare .. e�•w• r4he.�.. Mgr BOOK PACE 2122 0070 $460.00 Real Esull Ruler Tax '96 M 30 FIR 4 49 "ECORM AND VERIFIED wm; u'r DOTS :jA C RMUM C.: DEEDS NEW 111..�I0VER Co. No am= TO $460.00 1 Reowdlue raw seek mad ft" Tux Lot No.... ............................................. :""* ............ ................ Pareel Ideatiller No. -.107116-m-0104""M ........................... VWUWby ......................................... ......... .... .... ........ County on the ... , day of ........... .... . .... ... ............................. U... by.............................................. ............................... .. ... ........ .. ....... . ........ ........................................................ ............ ............................. NSU after ftearding to ROR9RT..&..RAM..8MDnR ..................................................... ................................ ............................... .................................................... an Me My 0-114 t.o."I .......... . ...................................................... 0, -11MIM3,1111" Thin lamb-1; was pseliered by 217-- 11- - 12 28401 ........... Brid deserlptlon for the Index rLOT 233R. SECTION 4. CROSSWINDS SD NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED aiadsi " ...X do of ............... DECEMBER. ... .. ... .. .... .... . Illy and Wi?14M GRANTOR I GRANTZZ THE SUMMIT BUILDING GROUP. INC. ROBERT SANDERS a North Carolina Corporation MW wife, 000 A -a r solve In appop6b Meek to "a poop, none, addrm% am& It apperbig, asrreraw a -ft- 04 owpersaws or prteway, I The dedgead" Greater and Grant" as sued berela oball Include am P-91IM6 SeIr balm sumessers, arA 4"kneiano also ImelMda absEnOar. plara% Mmwftlllr, fablulft or neaterasroulalrod by "alexL W1221231nm that the Granter, for a valuable coadderation Paid by the Grantse. the recelpt of wkkb I@ hereby admmbftA hey and by tb� Prftmb d0ft 9MB16 IM11119*10. sell and convey ento the Greaten IL he "plo, all that eartals lot erperedet load altualed b WCkyof. ......... .. .... ... ...# .. ... ....... 1111211121 ....... ........ Township, COMMIlYs Nor* C1110111211 and Seen partleularly described as follows: DZING all of Lot 2331R, Section 4, CROSSWINDS mwMgro-y as same Is shown On & MV Of same duly recorded in Map Book 34 at Pages 101 and 102 Of the NOW Hanover County Registry, reference to which is hsr*W Raft for a more particular description and also as the son lot is shown On the map recorded in Map book 36, Page 74, Now Hanover County Registry, which makes certain adjustments in the drainage easement Shown therson, reference to which map is hershy made for a more particular description of said property. SOMETIMES KNOWN AS: .5801 Seabouy Circle, Wilmington, WC 29409 (which is also sometimes known as: Seabouy Circle) .�jPPFWTO IL C. am *Aw. Fe 09. 3 0 IM Mdd G IM C War— - =1 BOOK PAGE 2122. 0071 I The property heralaabovo described was acquired by Grantor by lastruslant recorded In the New Hanover Coaanty Ilagiatry. A gap showing the above described property to recorded in Flat Seek .................................... page ......................... TO HAV2 AND TO HOLD the aforesaid lot or panel of Lad and all privileges and tMfUnsates thereto ba�leaylep to the Grantee In gas simple. And the Grantor covenants with the Grantee, that Grantor b whad of it* premlaes In fee glook has the right to env" the dame to fee simple, that UUG la satirtabla and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all parsons whomeeom except for the.exceptioes hereinafter at&" Title to the property beralnabove described Is subject to the following exceptions: (1) Restrictive covenants of record, it any; (2) Eassaants for utility services of record; (3) Zoning and/or Subdivision ordinances and regulations; (4) 1996 ad valoren taxes for Now Hanover County. 0 emsoa waseew. as Oran« W awaaata M An Amid a■G wit. r a a br rrr rmYe�mat r h r da el-eae'aGurl-aweYwe or aG der e■taeermd eaaewe am oft awn Ge N bweG■r GaaleY y aY AMft a. eeaM M er■arwr, er ale ref rrr elet � THE 81RlIIT But ING GWWo INC. .. d O r y ere.rmr tannrw a" K wlGtl"'tr v� .+ ....---•••-•--•-••--•.........••---••--•---•----••-------- -tesaw f � s OS_rk IINra taaOWNa................. ....... r6 a aMeq rites i at Cretr asa rite senrq, urM IY.............. ................... ------------------------------- ---- .... oesar. • l- �r NaaaYtr aaaean d seems ew rY ay =4 aesae■rd d am muses" do anbffgwm rYrrY. wear q Wasee Gomm aw" Or SUL, OM ........ dw r...................................... . re.._.. wreeemminks segos.e.............................. ............................. .... _.... nwrr n.aar tep•� ee aea=a aaaesan&------ MU-11AMO . .......c'e■y , °!4 R a MGM" were ar an e.rq Me rw amwaaw aWo One ....��!l.li� . .�...•--..._..... Ff� .w■e..er ww tyres W am diw a" rrwNssea tee .. S be r .. IISSIICl�1N! ------- b+ea.q Y _%q-$WU.jIHILDIH6 n«an crwa e.eaw.w■. w su er ■■rrw ab C snug and r r aY Y as enawYley Oa l-aeeraes maniftd aaa dare an me slowofas ............... '. oust-% ■ Pewreea, emYma wag a..eteeeeA "M dad a"lusd wares .r aces and d6m MMP qqr SM4 .. Y MIRMLnPL.— mug — ear eemmreale■ eyyen fee emaara e'wmnMW M ... ... �1�.wi -- •-- -•- y�� • -- — -• ..................... mM aaa afire r w eaeeGea. !aY aM OMW W sae ewMtMfe aft datr eMamaered Y OG der sae r1aG gee la11w aei rd Paul- Mesa as ea •••• ••.. •... , .- ........_ewemrs Mseas PM.. Q.t µ. „t g 4 /A•Yraa. aedlnee of Ire; R C. aw A�,f mas7elm ard"a Nrf-a.�aw,..ep., r.,lb.,ar,eexx�r.6 a:a i 04 • .. 5+ a ?)839 PREPARED BY: DAVID E. HUFFINE, P.A. -gG (tC 20 IMUS1 202 N. Third Street, 1st Floor ep Wilmington, NC 28401 4e ECOf.D."• � VERIFIED Tax Parcel 8 Itt.RT SLOE OOTS an= or NDm:M CUDLZIUL ) ' REGISTER Of DEEDS NARNMECLAM HELM HAHOVER CO. HO sours: or NMw MAN104 M ph f go' Epp pp¢ —a& --000 1010 IIMISMl081M Made this- iOth dayof 1)stlMber 1996, by and between MaMMIt-/MMC!M =VUO81lM! CO;s)ANl, a North Carolina General Partnership, party of the first part, and Or Momar, Sr. and wife, Perri J. Somas, parties of the. second part, whose address is: 5236 Maku Drive, Wilmington, NC 28409 TMRT the said party of the first part, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other valuable considerations, to it in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, has given, granted, bargained and sold, aligned, conveyed and confirmed, and by these presents does give, grant, bargain and sell, align, convey and confirm unto the said parties of the second part, and their heirs and assigns, forever, that -- cirti n EricE0 pied; "parcel or lot of "land, situate, lying Y g -!rid-kewlnq _._. . In the County of New Hanover, State of North Carolina, and particularly described as follows: BEING all of Lot 302, Section 5, of Crosswinds Subdivision, as shown upon the map of said subdivision in the New Hanover County Registry in Map Book 35 at Pages 316. T04IMTRR NIn all and singular the tenements, easements, hereditaments and appurtenances unto the same belonging, or in anywise appertaining. 10 MUM AM TO MOLD the above granted and described premises, with the appurtenances, unto the said parties of the second part, their heirs or assigns, to their own proper use and behoof, forever, subject, however, to taxes for the year 19%. And the said party of the first part, for itself, its successors and assigns, does covenant, promise and agree to and with the said parties of the second part, their heirs .and assigns, it is lawfully seised in fee of the above granted and described promises; that it has good right to sell and convey the same in fee simple; that the saws are free end clear of all lions and encumbrances of every kind, except those noted above; and that it will, and its successors sea assigns 44MILIS warrant and defend the semi aping the lawful claims and demmds of mw and all persons whomsoever. 1N TESTIMONY WHEREOF, the party of the fast part has caused this bawmeat 10 be signed in ado partnership name by its General Partner and its seal affixed hereto, the day and year first above wnuca. ear auursru em ec rtnovw MIN i/2i.00 E 4 STATE OF NORTH CAROUNA COUNTY OF NEW HANOVER BAKM-PRECYTM DEVELOPMF.Nt COMPANY. a North Carolina ( 1 Pam i� 1. ••:'`'•� . � � a NotaryPublic in and fordo State of North Cmdina. County of - t do BA __.. - -- - - - - hereby o�ljr that JO. HN C. - -- - -.. Pargkc of BA __. -PRECYIRE DEVELOPMENT COMPANY. • North Carolina General Partnership. persondly appeared before me this day and acknowledged the due execution of the foregoing and annexed ingnmwnL WITNESS my hand and notarial seal, thisq'µ'day of AQ&&J&40 19!& '� gR ®. Bpi ofe� public o My Commission Expiawn rea� ?,� PUBUC ti •,��• �.,� CO ' STATIC OF NORTH CAROLINA New Na"m cmew Tk Fagpw# A.wd'! r r rrilrc Y er11iN �>iAs�iM� 2115 0999 '96`il '13 PPI 1 13 �ECoRc��li hN01'�i�lFi�Q �REGiSYLF w:�!►��DS 91TI E O! *Mn ChMM HEIR eav r or UmD Aes"tCTIMM . . CROSS"rM• MC'I cm S, 117N1'ERSIoii 000065 KNOW ML s" BY Tnsas nownst 8 i D DNMOPKM CORPORRTIOM,. (herein the *Declarant"), has subdivided. and developed an extensich to. Section 5 of Crosswinde and desires to make the lots therein subject -to the same Covenants and Restrictions applicable to Section 5 of crosswinds. ROW. TMURPORR, the Declarant does hereby declare that all of Crosswinds, section 5 Extension, .as shown on,, a plat thereof, recorded in Map -Book 36 at Page 202, of the Hsu -Hanover County Registry, shall be held, sold and. conveyed subject to'. the same restrictions applicable to Section 5 of crosswinds, which voveiAnts and Restrictions are recorded in Book•2002 at page W,- of the New Ranover County. Registry. The.-CovenantS and Restrictions therein refer, to prior Covenants and Restrictions on other sections of Crosswinds that are incorporated in that instrument'and •therefor, Incorporated in the Covenants and'Restriotions on•thia•EJitengion of Crosswinds Section 5. These Covenants,* Conditions- and- Restrictions :are'for the purpose of protecting the value and desirability of the -lots shown on said map and shall run with the real property and. be binding on all parties having right, title or interest-In.the abo44 reg®rrBd to property or any part thereof, their • heirs, succe ore" afid assigns and shall enure 'to the benefit of each elms,. thsr eof. IN. WITN9 vXnzw, this Declaration - has been •executed by Declarant as of 'the j th -day • •of Deceeber, 1996. - B i D DRY 8 R OO�PQlt7►'1'0�1 By: ATTEST: a- n r s € tarry 446642 sTi►T o '�toi "CAR MA l i 5 10 0 G COUM OF x a Nottllr� TP1�b40 Ofta dit that id it :'skid;:StBt�e'`istb1C�081 ':iler�ffy persoriarlll dame -"t6 C and ackmwl d e : , lltN t a "ilhy gad that `'ehe is . til#lit.. BaC"ti ry of Elie B a n d Lo>Z11R1!! COlRPOU9Ib$, , a North Cli"linp COr'oratL6n, ..iw thin - by authority duly' given and 'as' the • aiot -of ":the OarpOratioh, the foregoing instrument vas Sighed in its name by its- Vice`.4residin't, sealed with its corporate seal and attested by himjher to its Secretary. WITNESS my hand and official -statp-or seal, this the day of December, 1996. 1 iu Note bl c MY Commission Expires: &-/ 3 -,200 } H STATE OF NOFITH CAROUNA Nair 11%UOVc CCaic 1fKati(s) of 'fhe l'oagol� ^�` ... {�MauY tp.- a' ) poMk bi arc eat%led to be anaa. the af�=' 1913G (Nyey4- Opts • Rei*1491 Il A by �` �j,Assistdot E C E f V E OCT 2 51996 PROJ # Linda Lewis NC Environment Health and Natural Resources 127 Cardinal Drive Ext Wilmington, NC 28405 Dear Ms. Lewis: Crosswinds HOA Drainage Comm. c/o A. Barone 5908 Downrigger Drive Wilmington, NC 28409 Oct. 25, 1996 Below you will find a summary/ of our 10/9/96 meeting and suggested items for the state investigation. Al Barone told Linda Lewis that the residents in Crosswinds are experiencing frequent and severe flooding. Many of the residents are doubtful that early analysis and approvals of Crosswinds are currently meaningful. The project has undergone numerous changes and such things as the number of homes draining to the front versus the rear ponds originally approved don't match current conditions. I also related the phone conversation I had with David Hollis from Hanover Design, 343-8002, who designed the latest Wedgefield section now being prepared for development. He indicated that he was not familiar with the flooding in Crosswinds nor did he do any analysis on water flow. He merely drew plans to tie into an existing system. He takes no responsibility -for any flooding problems since he was merely contracted to tie into a system that had been previously approved. Linda Lewis indicated that the state is concerned with drainage only insofar- as it affects water quality. To insure water quality they require that the first: inch of rain be contained by the ponds. Drainage beyond the first inch of rainfall is not within their purview. We .jointly examined some of the drainage documents. Some of the early plans show conditions that do not exist. I indicated that it isn't clear that all these changes have been accounted for properly. With the new addition being made to Crosswinds/Wedgefield there may no longer be an adequate system to contain the first inch of rain. The weakest points in the system include the ponds and the delivery ditch between Wedgefield and Crosswinds which will be receiving the drainage of new additions to Wedgefield. Linda agreed that an official investigation was warranted and will call for such. Some of the the things that need to be verified by reexamination/recalculation. (This list is not necessarily complete.) (1) The capacity of the ponds which is limited by a high water table level due to the swampy location of the ponds and the close proximity to homes recently constructed. (2) The area that drains into the rear ponds that appear to be receiving the runoff from more lots than the plans indicate. The drainage number of 93 hones going into the front ponds could not be confirmed. (3) Water infiltration from adjoining areas such as the (a) Roseman property that drains via ditches into Crosswinds ponds. (b) Hidden Valley development that drains via ditches and elevation into Crosswinds. (c) Masonboro road ditch network that collects water from various areas such as Vineyard Green. These areas are now draining into a "future Wedgefield section" via several undocumented ditches and then into a lower area that drains into the ponds. They were traced by Al Barone (452-7728) and Jeff Cannon (392-3989) and they do not appear to have been taken into consideration in Crosswinds drainage calculations. (4) The capacity of the ditch system, especially the ditch adjoining the new section of Wedgefield which also ties into a major Crosswinds ditch and then funnels through a small diameter pipe and finally into a very shallow ditch feeding the ponds. (5) The nonexistence of a continuous drainage ditch between Wedgefield and Hidden Valley shown in the plans. Such a ditch needs to drain the new road and be kept separate from the ditch described above due to a lack of capacity. (6) The Wedgefield entrance that is draining water from outside of the development. Photos and video indicate a substantial flow of water onto property bypassing the front catch basins. See Jim Baker (799-9358) for details. (7) The front pond which is not being properly utilized appears to be smaller than the .5 acre shown on the plans. (8) The ditch bordering Tanglewood feeds directly into the second pond. In early plans it had been shown going elsewhere. Now, Tanglewood gets the Crosswinds pond overflow. The net effect of the above items is that all water (other than the small amount captured by the front pond) from outside of the development plus the runoff from the development is being sent to the rear ponds. Thus, these ponds are forced to handle more acreage than the development size itself. Pond and ditch overflow quickly floods onto property and streets. Yours truly, Al Barone Some of the the things that need to be verified by reexamination/recalculation. (This list is not necessarily complete.) (1) The capacity of the ponds which is limited by a high water table level due to the swampy location of the ponds and the close proximity to homes recently constructed. (2) The area that drains into the rear ponds that appear to be receiving the runoff from more lots than the plans indicate. The drainage number of 93 homes going into -the front ponds could not be confirmed. (3) Water infiltration from adjoining areas such as the (a) Roseman property that drains via ditches into Crosswinds ponds. (b) Hidden Valley development that drains via ditches and elevation into Crosswinds. (c) Masonboro road ditch network that collects water from various areas such as Vineyard Green. These areas are now draining into a "future Wedgefield section" via several undocumented ditches and then into a lower area that drains into the ponds. They were traced by Al Barone (452-7728) and Jeff Cannon (392-3989) and they do not appear to have been taken into consideration in Crosswinds drainage calculations. (4) The capacity of the ditch system, especially the ditch adjoining the new section of Wedgefield which also ties into a major Crosswinds ditch and then funnels through a small diameter pipe and finally into a very shallow ditch feeding the ponds. (5) The nonexistence of a continuous drainage ditch between Wedgefield and Hidden Valley shown in the plans. Such a ditch needs to drain the new road and be kept separate from the ditch described above due to a lack of capacity. (b) The Wedgefield entrance that is draining water from outside of the development. Photos and video indicate a substantial flow of water onto property bypassing the front catch basins. See Jim Baker (799-8358) for details. (7) The front pond which is not being properly utilized appears to be smaller than the .5 acre shown on the plans. (8) The ditch bordering Tanglewood feeds directly into the second pond. In early plans it had been shown going elsewhere. Now, Tanglewood gets the Crosswinds pond overflow. The net effect of the above items is that all water (other than the small amount captured by the front pond) from outside of the development plus the runoff from the development is being sent to the rear ponds. Thus, these ponds are forced to handle more acreage than the development size itself. Pond and ditch overflow quickly floods onto property and streets. .State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director October 18, 1996 Memo To: Jill Hickey, Attorney General's Office -Environmental From: Linda Lewis Subject: Crosswinds Subdivision Due to the recent heavy rains, my Stormwater group has been inundated with phone calls concerning flooded neighborhoods, with Crosswinds being one of the worst hit. While our Office does not regulate flooding, the homeowners have raised questions as to whether the certification that the engineer provides to us covers the proposed drainage area to the pond that the pond design was based on. In Crosswinds, the allegation is that more lots are draining to one of the ponds than was proposed, therefore the pond design is over capacity. I have no way of verifying ditch flow without getting a surveyor involved. Can you give me some advice as to how to proceed? The proposed ponds were designed in accordance with the regulations in place at the time, and I have an engineer's certification for all of them.I want to be able to say that the ponds drainage area was verified by the engineer. It seems to me that if the pond is certified as being built within substantial intent of the approved plans, it implies that the drainage area to the pond is as it was approved. If it isn't, then the pond is not built within substantial intent, because the permit/certification was issued based on a specific drainage area to the pond. Can you give me some advice as to: 1. How to interpret the Engineer's Certification. 2. How to determine for myself if the drainage area is as it was approved. Thank you. JBB\arl: S:\WQS\STORMWAT\MEMOS\930710.00T cc: Bradley Bennett Linda Levis 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 s Telephone 910-395-3900 * Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director October 18, 1996 IEDEHNF=1 Memo To: Jill Hickey, Attorney General's Office -Environmental From: Linda Lewis Subject: Crosswinds Subdivision Due to the recent heavy rains, my Stormwater group has been inundated with phone calls concerning flooded neighborhoods, with Crosswinds being one of the worst hit. While our Office does not regulate flooding, the homeowners have raised questions as to whether the certification that the engineer provides to us covers the proposed drainage area to the pond that the pond design was based on. In Crosswinds, the allegation is that more lots are draining to one of the ponds than was proposed, therefore the pond design is over capacity. I have no way of verifying ditch flow without getting a surveyor involved. Can you give me some advice as to how to proceed? The proposed ponds were designed in accordance with the regulations in place at the time, and I have an engineer's certification for all of them.I want to be able to say that the ponds drainage area was verified by the engineer. It seems to me that if the pond is certified as being built within substantial intent of the approved plans, it implies that the drainage area to the pond is as it was approved. If it isn't, then the pond is not built within substantial intent, because the permit/certification was issued based on a specific drainage area to the pond. Can you give me some advice as to: How to interpret the Engineer's Certification. 2. How to determine for myself if the drainage area is as it was approved. Thank you. JBB\arl: S:\WQS\STORMWAT\MEMOS\930710.00T cc: Bradley Bennett Linda Lewis 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Tax Ind No. Wrlged by by BOOK PACE 2089 9 16 2 Niu tLUDY[a CNTT Ne 1010.V" " $78.00 Real tate tTax Excise rxtnr Taw $78.00 "10 VERMED RCr.i i .it OF DEiv3 NEW HANWR CO. NC %/'/ '96 OCT 2 PR 2 50 Retarding 'rune, Dookand ppPass )) Parcel Identifier No.pt. oI 1831pp—00t-019-SOp S County on the day of , 19 Mail after recording, to This Instrument was prepared by ,Allan and MacDonald/lr Brief description for the index Lot 301 Sec V Crosswinds NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made'thia 2nd day of, .. October. 10 96 , by and between GRANTOR GRANTER 86D.DBVELOPMHNT CORPORATION, THE SUMMIT BUILDING GROUP, INC.. A NORTH CAROLINA CORPORATION A NORTH CAROLINA CORPORATION 8613 Vintage Club Drive Wilmington, NC 28405 V091 I tinter Is Opp raprhto Mark in sub party.. amt. aahew a1A It appeprlala, thaneler of ea lly. #4 earperstlea er pame"1 p. The designation Grantor and Grastw as and herein shall Include said parties, their bein, successors, and assisas, and shall Include singular plural, numuUae, feminina or neuter as required by context. WITNSBSSTH, that the Grantor, for a valuable coneldoration paid by the Grantee, the reealpt of which Is hereby acknowledged, has and by these presents doeserant, bargain, sell and convey onto the Granteo In fee dimple, all that certain lot or parcel of land situated In the City of Township, Now Hanover County, North Carolina and more particularly described as follows: Hein; all of Lot 301 SMction V Crosswinds as shown on a map of same duly recorded in Nap Book 35 at Pass 3t6 of the'New Ranover County Rasistry, reference to which is hereby made for a sate particular description, am fiftew 4RW74 N B40x PAGE 200y 0163 The property hereivabnve described was acquired by Grantor by instrument recorded in A map showing the above described property is recorded In Plat (book 35 page 316 . TO) IIAVR AND TO II0I.0 the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. 'And the Grantor rovennlots with the Grantee. that Grantor is seized of the promises in fee Pimple, has the right to convey Me xPmo n.fee *dlnplr,, that title is marketable and free and clear of all encumbrances, slid that Cranirlr will warrant and drfeud the lithe against the lawful claims at all persona whomsoever exrept for the exceptions hereinafter stated. Title, to, the property hereinabnve described Is subject to the following exceptions: 1. RESTRICTIVE COVENANTS OF RECORD, IF ANY. 2. EASEMENTS FOR UTILITY SERVICES OF RECORD. 3. ZONING AND/OR SUBDIVISION ORIINANCES AND REGULATIONS. :4. 1996 ADVALOREM TARES FOR NEW 11ANOVER COUNTY. IN IrITNdla WHRaltor. She Oraplat has heteanls set his had and rent. or It exprele. au Stave tale taelnareat In be aI aN U 1�Ny :=so# Hama ay Ise duty snlherked Wkets and its Seat to be sensate am.#4 by aataoskr at It Hearst Darters, the day 1!01 rate fitM Mrspelltles. ,_6NURT�LNA�CQ!<POR►TIi2N r . —_ — __. _ _ r . _.,,,,.-, �1etLAl1 L C Ry:........., ... ........................... ......._....... ...IaaALI .0 ...VLf:S................_.pee wet AT , m .. T r.. "'•4e v. „�neeYrr lCocpoeale seal) K NORTH CAROLINA. ..... . .... .................... Criminal. % a Nrdaty pdetlt me the Ceaaly alld ekes ara -1110. cerllfy lama .._... Mhen011 Appeared before some als day and aehsurtMdord the atee"S" of the furenalq ta►tra".1bL Mlhtrw may yIIMN Road official stamp or sea% this __ ..... day of ...................... .... 1........... I to...... Of eelnallwtae rxplres: ..... .. .................. ... Nalary Mtbo r 1...-...eq �OtILRYN MNTN CAROWNA,...I'I�M.JMOAKRL..............eowy. w... _,.iM CIF'_ .a a NOW e off w emmy asks Shoo si uxN. tertYy OU )4=. RiMUrk.................... fr a . prraeaNb, ewla hef.ea use Iw dq .ad aetutowladaN that ! ._ M is MPAP.41191 ........ a.er.l.ay of �pTAgyr �p Development Corpoxaeioq ......... a Now Cavell. eweafatawy a" am b1d:oom age v' ' ettta aN as 11n act of 1M .teMNMfaa. as IM Y1 mit..._... . Raba tmtnnaena teat sfaded hs Ha: Haw IH Ha .. pt18L�G ;; rap t tsar Mrirtrot........ .� nreuaarr. totaled .wa am rpaew feat t1HamN by . . a Sam...._ . aer.rrr. e,�,�s"• �1��r. ' trR.er sq t+Road w efHew.Iawae « wa%. ar .?at#li.ery as OCL06e:[ Wllpatttr ICY eomlMmMs •eywea..��1%.!V.� /t/�� _ tIM Itw{tIM l'eHNkaNtA N . .. \ , - ... , •\ • `/►a�y,l1- ' �i.7ii w — Fi.7e��+•tl s• . k ` MW 1M! MI itatb M "a"loo To" kaMMIM we Mk tNlMssoar ara aafy Nereeed xa eM ft" a" Sam W Y Roe am*& aM f " sew 1w or ar �3►sfirc utatsl..nl/00"..raA-talawn w slatda ♦ 1 t+d a... fear ♦.. I. ra,s.la,.awe Ia" ..... __e .� .....,... rr. N B & D Development, Corp. BUILDERS/DEVELOPERS Ms. Linda Lewis DEHNR 127 Cardinal Dr. Extension Wilmington, NC 28405 Dear Ms. Lewis: AUG 2 lggn rJ August 19, 1996 Subject: Crosswinds Pond Stormwater Project # SW8 930710 New Hanover County We are in receipt of your letter of July 25, 1996 and have discussed your Comments with Mr. Larry Sneeden, the projects engineer. After this discussion, we believe that putting a concrete collar around the pipe will correct the problem and cause less damage to the site and utilities located therein. This will be done during the week of August 19, 1996. If you have any questions or comments please contact me. Thank you for your help in this matter. Sinc yours, Dick J. Thompson WILMINGTON: 4405 BAVARIAN LANE - WILMINGTON, NC 28405 - TELEPHONE (919) 392-1537 WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE (919) 686-4609 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 WATER QUALITY SECTION Regional Manager Mr. Dick Thompson B & D Development Post Office Box 777 Carolina Beach, North Carolina Dear Mr. Thompson: July 25, 1996 28428-0777 Subject: COMPLIANCE INSPECTION Crosswinds Pond Stormwater Project No. SW8 930710 New Hanover County 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 24, 1996 to determine compliance with Stormwater Certification Number SW8 930710 issued on August 27, 1993. A summary of the findings and comments are noted under Section 6 of the report. Please inform this Office in writing before August 25, 1995 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 (910) 395-3900. Sincerely, 4 , G 4V-C� Linda Lewis Environmental Engineer DA/arl: S:\WQS\STORMWAT\INSPECT\930710.JUL cc: Larry Sneeden, P.E. Central Files Linda Lewis 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350 2004 An Equal Opportunity Affirmative Action Employer STORMWATER COMPLIANCE INSPECTION REPORT 1. Project Name: Crosswinds Pond Project Number: SW8 930710 Control Measure: 90% TSS Detention Pond Water Body: UT Whiskey Creek Classification: SA (chlorides @55 mgl) Directions to site, address: Crossinds Subdivision, NC 132 south, left on Crosswinds Drive, pond about 1/2 mile on both sides of road. 2. Inspection Date: July 24, 1996 Weather Conditions: Hot, sunny 3. Comparison of Approved plans vs. As -Built: Compared well 4. Maintenance Problems: a. The lightweight CPE pipe used to connect the two sections of the pond is floating up as the water level rises.in the most southern pond. This causes the water to rise well above the storage elevation and is causing flooding problems for the lots that back up to the pond. 5. PE Certification Received? YES Deed Restrictions Received? 6. Comments: a. Please replace the CPE pipe with RCP to avoid floatation problems. Inspector: Linda Lewis Water Quality/Wilmington Regional Office/(910) 395-3900 DA/arl: S:1WQSISTORMWATIINSPECT1930710.JUL R 00. BOOB 2043 PAGE 0451 OtN aaerla COMIC 06/11/94 " "l.00 eras 1 ka��, Lxclp Tax amp ux $83.00 fif' ► M AID VERIFIED PAPY SIDE OOTS REGISTER OF DEEPS REw NANOVER 00. Noe 996 JUN 11 PSI 2 50 R.00rdit Mm. Hoot ON ftp Tax Lot No........................................................................................... Pareal Identldor No. .......................... Vendedby........................................................................ County on the ................ day of ................................... - .................. , 11......... ... by............................................................................................................................................................................................................................. mail sfar raaorddq is f.T�.l i..� . sure ........ �i'... /�s.. WOMGAW.I0AO.-.kR' s!_.,.................... �'.......... Thk Instrument was prepare by .._....Al<ad11t..AAla..� A/. ......''�:.y%....._...................._ HrIef draeriotioa for the ladox Lot 234 Section 4 Crosswinds NORTH CAROT INA GENERAL WARRANTY DEED THIS MI= node tbk-..111It, day of ............. June ................ ....................... ll.9b:...., by am batwaal GRANTOR I GRANTOR 1 BiD DEYBIAPlmMT COBPORATI011. A NORTH CAlt4 MIA COW14MTIEON NACMMIR, JR. ■NOW 15 eesn0elMo Nut O:e sera Nseyl 0021g aaenw, 084 H 4001MO ; doteder of asslti a4 awsaaWa - Or . 77» duMM Ma Grouter sad Grant e u used bads oball include sold partkq, doh baits,, saeeaaaaq, and makes, and nhaN Iseleds shwisr. Nasal, ao allini, findaise or sector as ralslred by casual. WI&NXMTIL that the Groutwr. for a mamma eommaratbm pad by the Grasper the realpt of vhkb In hereby =bwwkdpd, ban and by those proseeks deco grant, bargais, "ll and convey sale the Gnat" is he shopN, all fiat eartalm lot or pareel of land altusted Is the City et . ............... Township. .................. County, North Carolina and more partkulary daneribod as follows: Being all of Lot 234 Section 4 Crosswinds as shown on a zap -of .iane duly recorded . It Nap Book 34 at Pap 101 and 102-of the Has Hanover County Registry, reference to Web is hereby reds for a eiori'particolar description. ILt:nr ll�aR�n►�eNlt, MFei�•Iq7-+,.�.riwaaMr.4•takw.+►aeaw�++ s e 4 , BOOK PAGE 2043 0452 The property hereinabove described was acquired by Grantor by instrument recorded in.............................................................. . ... ..... I ........................................................................................................................................................................................, A map showing the above described property 1s recorded In Plat Book .. 34......... page10.1.&.1.02 . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenance thereto belonging to the Grantee In fee simple. And the Grantor coveaan4 with the Grantee, that Grantor Is seised of the premises In fee simple, has the right to convey the same in fee simple, that title Is marketable and free and clear of $11 encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the fullowinl exceptions: 1. RESTRICTIVE COVENANTS OF RECORD, IF ANY. 2. EASEMENTS FOR UTILITY SERVICES OF RECORD. 3. WHING AND/OR SUBDIVISION ORDINANCES AND REGULATIONS. 4. 1996 ADVALOREm TARES FOR NEW HANOVER COUNTY. IN b Us dW asWomnl"Wliwh" efew �nkm a" Me Rftoodo go wal a w riereso" MW sensed ak s :ua':t w a".erd w lee ab e w a.� erir�w . 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CD K b wtj cD cD /•� A� :D CD c+ 1A F+ �.~•Y CID 4 0 m m o ¢�c 0 to AO h ts ts a. � o BOOR PACE 2002 0917 82� a� No4a raaoLza ,mom noczansaw cE carman, Comm of z= Asa oo.mssza a ssmzsttaos ZEM Ma NEW or Crass rims �: 1 i D DXWMD Conpawwips, a North Carolina Corporation, (herein the Declarant), heretofore fze•ted a Declaration Of Covenants, Conditions and Restrictions, Section 1, Crosswinds, and caused the same to be recorded in Book 13" at Page 1271 in the New Banover County Registry. With amendments thereto recorded in Boot 2435 at Page 1363 and book 1671 at Page 848 in the New Banover County Registry, (herein collectively the `Declaration•): and fie, the Declarant has subdivided and developed and now desires. pursuant to Article IX, section 2 of the Declaration, to anneu to Sections 1. 2. 3, i 4 Crasswimds, additional lands adjoining said Sections, to be known as Section 5, crosswinds (herein `Section 50); and Declarant desires to make the changes to the Declaration hereinafter set forth, affecting Section 5. RW, mob, the Declarant does hereby declare that all of Section 5, Crosswinds, as showLan the plat thereof recorded in Bap Book 3.'S�' at Pages 26 and _ of the New sanover County Registry (the -Section 5 Plat-), shall be held, sold and conveyed subject to the following covenants, conditions, easements and restrictions, which covenants, conditions and restrictions are for the purpose of protecting the value and desirability of and which shall run with the real property and be binding an all parties having any right. title or interest in the above described and a:w Wred properties, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof; which said covenants, restrictions, and conditions are as follows: All of YectiOm 5, Croassiads, as above described, is hereby made subject to the same covenants, conditions, easements and restrictions as are applicable to Sections 1, 2, 3 i 4 Crosswinds, as more fully described in the Declaration (as amended), all of which are hereby incorporated herein by this reference and made a part hereof as though fully set out verbatim herein, but subject to the following changes and additions: 1. ARTICLR I, BEMCN 3, is hereby amended and revised to read as follows: 9000,10 A171-: C64k, .343-%X-, J-- BOOR PACE 2002 0918 `OZMMM&Aesm shall aean and refer to all of Crosswinds, sections 1, 2, 3, 4 i 5 as shown an the plats thereof elf recorded in the Yew Hanover County Bsgistry. and any of the Additional Properties that nay hereafter be brought within the jurisdiction of the Association as Provided in the Declaration.w 2- AIWXC= I, sM=Cf S, is hereby am u ded and revised to read as follows: "Cam AtIIIP shall mean and refer to all real property owned by the Association for the common use and es jayt of the owners. Zbe Common Area to be owned by the Association at the time of the conveyance of the first lot shall be all streets and all of the area designated as Common Ares on the plat of Section l and 5 CrosWAuds. it shall be the responsibility of the Home owners A.rtassiatian to m6lfitain the Common Areas. 3. MMClz VXX, S00tiom a-, is hereby amended by adding a Paragraph B. and designating the first Paragraph as Paragraph A. In addition, paragraph A is amended by Ong only the word 'colors' to change the first sentence in Paragraph A to read as follows: 'iBLTI4 2. •�1Qiae sea Bite ram_ A. No duelling. fence and/or hedgerow, wall or other structure shall. be commenced. erected, or maintained span any lot in. the Properties, nor shall any erterior addition to or change or alteration therein be wade until the plans and specifications showing the nstum, kind, shape. S RLg=. heights, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to snrrauuding structures and topography by the Declarant, or its designee, or, after the sale of all lots by Declarant, by the Board of Directors of the Association, or by an Architectural Control Cosmdttee composed of three (3) or more representatives appointed by the Board. f- A minimum of twenty (20( to fifty (so) feet of the rear of Lots 337, 338, 339, 340, 301, 302, 303, 304 and 305 must remain in a natural states 4. Ayfflu 3 vII, MLTML COMM& ORMOST 3, paragraph A and t are hereby amended as follows: a. Paragraph A is hereby amended to change the first sentence to read as follows: 'No house plans will be approved unless the proposed house shall have a minimum of I600 square feet of enclosed dwelling area. b. Paragraph s is hereby amended to change the last sentence in the Paragraph to read as follows: 'provided, however, that no dwelling shall be constructed closer than 10 feet to are adjoining property line, unless a variance from such restrictions is granted by the Declarant". BOOK PACE 2002 0919 S. artzcaa VZI, further amended and revised as follows: a. Title of Article is cbanged fro• �i 1 of Z"W to b- Naragrapt ! is hereby amended to mange the last sentence in the Paragraph to red as follows: mRailbwom shall be =lectsd by n_- IMMmt ad @ball be bought and installed by the Builder.■ c- Berage@pti 0 is added as follows: "In addition to approval of plane, all builders building in the Subdivision most be on the approved builderls list established and maintained by the Declarant in accordance with the criteria whicb shall be established by the Declarant■. 6- S"Z= VZXX+ . is hereby revised and amended by adding a now szonm 14, and by changing the other sections designated below to read as folloss: "awnOz 5. Meor"etimal v i nee. No boat, motor boat. camper, trailer, motor or mobile hoses, or similar type vehicle, shall be permitted to remain an any lot at any time unless by went of Declarant or the Architectural Control Committee, as applicable.a "MXC o 10. Fmk 'Foal cIse adyraataryratisr. m inoperable vehicle or vehicle without mrrent registration and insurance, and no tractor -trailer or other truck or vehicle larger than a pickup truck shall be permitted on the properties. The Association shall have the right to have all such vehicles towed away at the wner"s expense. 0 "OSOYM 11. is . Ho signs of any kind other than Professionally prepared ■For Salem or -Sold` signs containisq no sore than ten square feet, shall be permitted an any Lot or in the cons m areas without Permission of the Board of Directors, except that a sign conforuing to NOW Hanauer County Sign Ordinance slay be displayed by Declarant on any unsold Lot so long as Declarant owns any Lot in the propertiesn. "an== 14. Builtynom Area. No more thaw 4654 square feet, inclusive of street right-of-way, of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to insure continued compliance with stormwnter runoff rules adopted by the State of North Carolina, and therefore, benefits may be enforced by the State of North Carolina.= Eccept as amended herein, the Declaration and all the Provisions thereof shall be and remain in full force and effect, and this Declaration shall be binding upon all owners of lots in Crosswinds, Section 4. BOOR PACE 2002 0920 a .=lN .Imt6of, this Amended Declaration has been muscat" by Declarant, as of this the day of January, 199i. i ram' �F --- r. RECORDED mo vmFIED MA" SQW DOTS RECISi_R OF DFEFS Jr REf N"GWER CO xc '96 PCB 19 Pit 3 53 STATE of !•DRIB CAWLM CUu"T or k aN OVZR I, a Notary Anblic of the ooenty and State aforesaid certify that Lyn Rivedwk prrsamally came hefate me this day and acknowledged that she is Asst. 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CX z _ac,w '•:)1L'q n Its z u1Ix " h � C.2 3 W W eLj L tL 0 0 m tts� O �1 ti cm T wz 0 z a O EE+ W 0 eZb v= 0 fie -H to 04 .,f .,4 .-1 k 41 a 'O Mk0roro U 0 at 0 O .-O R 'O r"O 10444. to N � � m V 41 O o w ro ar bozvcwb .,4 c .may }+ . 41 O $4 9 "'- M W W O 1 '00O 00 ky.0 ro > -A 0 -M m A o to Ad 0 0 $4 g � 41 to 0 go 44 M r-4 O 0� 4 40 ,W tO P4b w o14 0 rro O o a.CA ro 0 "' ,� 'd � m 04Jb m ro 0 goV cro b aA0 A� 41 to 4-1 go >1 ro+>}'robino r14 a �O 314 °i O M as r, 04 z 41 9, O EE .? GI df Na xg tr� EE to a � a4J 9>+ VA roxa-4a 43 SIC VIVaV�3 O W 'W 00 s''•.0 NEW #� NEW HANOVER COUNTY ENGINEERING DEPARTMENT 414 CHESTNUT STREET �'� WILNIlNGTON, NORTH CAROLINA 28401- V'CT 8 �g94 TELEPHONE (910) 341-i 139 WYATTE. BLANCHARD, P.E. County Engineer October 21, 1994 Ms. Laura Maness 4913 Crosswinds Drive Wilmington, North Carolina 28409 RE: Crosswinds Drainage Dear Ms. Maness: ........................... On Friday, October 14, 1994, I met with you and Joe Justice, North Carolina Department of Transportation at Crosswinds Subdivision to review the homeowners drainage concerns. This letter will clarify the County's positions and make some suggestions concerning the subdivision's drainage system. First, the New Hanover County Subdivision Regulations require the developer to construct drainage improvements to route the ten year design storm - this is based on statistical data. The pond is a state requirement to retain/detain the first one inch of runoff from impervious surfaces. Both designs fail when the design storm is exceeded which causes flooding first at all low points on the system, and then backing up -grade until the storm has crested. Second, the County does not have a storm water management program or a drainage maintenance program. The County Engineering Department assists in solving drainage concerns, however, not with any physical work. Third, this development, as well as most of the County, is flat. Most drainage -ways and pipes store water acting as ponds as often as conduit. This system is designed so that ditches and pipes will hold water when the storm events occur. The more severe the storm the more flooding will occur. The Department of Transportation will be inspecting the Highway 132 drainage to clear the outfall from the Crosswinds South pond. I would like to suggest the following. First, realizing you cannot design pipes for the flood of the earth, the more ponding area that could be created the better. Pipes, which have limited capacity, could be removed restoring open ditches, which if maintained, could hold and carry more stormwater. Ms. Laura Maness October 21, 1994 Page Two Second, several homeowners have encroached within the platted drainage easements (fences, pools, etc). This is not allowed by County Zoning. All pipes under these easements should be checked for damage and repaired if needed. Third, all open ditches along the southern side of Crosswinds must be cleared and restored to grade and pipes checked for obstructions. The flow in the southern ditch breaks with approximately half of the ditch draining east and half draining west. However, the western flow can, by design flow east when the ditch is cleared. This will help alleviate flooding in the front of Crosswinds (enclosures). Fourth, a second pipe may be installed through the berm in Crosswinds South. This pipe should be at least a 24" pipe with the pond side invert set at elevation 24 and the road side invert set at elevation 23.5 (0.9%). You may want to wait to see if Mr. Justice will deepen the 132 ditch to elevation 23 or below. However, the proposed 24" pipe cannot be lower than elevation 23.3 for the pond side invert. The pipe should be installed adjacent to the existing structure not disturbing the existing structure. This would allow additional relief without violating the State stormwater permit. No other revision to the pond or the outlet structure should be initiated without State approval (contact Linda Lewis, DEM Stormwater 395-3900). I have enclosed submitted drainage information which I think may be helpful. If you should have any further questions concerning this matter, feel free to give me a call. Very t yours, Ja s S. Craig, P.E. Conservation Engineer New Hanover County JSC/aj Enclosure cc: ��a Lewis Joe Justice Wyatt E. Blanchard Dick Thompson