SW8930710_Historical File_20101206

19 VA
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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 [phone].
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
Wilmington Regional Offince
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 ne
Phone: [phone] FAX: [phone] 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: [phone] 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 [phone]
FACSIMILE [phone]
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; [e-mail]; 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 [e-mail]
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:[e-mail]]
Sent: Thursday, August 05, 2010 3:18 PM
To: Lewis,Linda
Cc: Laton, Don; [e-mail]; Richard Collins
Subject: Crosswinds
See attached.
Charles D. Meier
MARSHALL, WILLIAMS & GORHAM, L.L.P.
14 S. Fifth Street
Wilmington, NC 28401
Phone: [phone]
Fax: [phone]
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 [phone]
FACSIMILE [phone]
August 5, 2010.www.mwgiaw.com
OFFICES
14 SOUTH FIFTH AVENUE
WILMINGTON, N.C.
28401-4539
[e-mail]
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 [[e-mail]]
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:[e-mail]]
Sent: Friday, January 29, 2010 10:50 AM
To: 'Charles Meier'; Laton, Don; [e-mail]
Cc: [e-mail]
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 [[e-mail]]
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:[e-mail]]
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: [phone]

Fax: [phone]
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:[e-mail]]
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 [e-mail]
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:[e-mail]]
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:[e-mail]]
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 [e-mail]
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 [e-mail]
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 [e-mail]
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" <[e-mail]> GeV
Date: Tue, 12 May 2009 11:29:47 -0400
To: <[e-mail]>
CC: "WadeHarris" <[e-mail]>
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: [phone]
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" <[e-mail]>
Date: Tue, 17 Feb 2009 16:33:19 -0500
To: "Linda Lewis" <[e-mail]>
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
[phone]
[phone] 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" <[e-mail]>
Date: Thu, 13 Mar 2008 13:04:17 -0400
To: "Linda Lewis" <[e-mail]>
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
> [e-mail] <mailto:[e-mail]>
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: [e-mail]
Date: Mon, 25 Feb 2008 18:17:57 +0000
To: [e-mail]
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 <[e-mail]>
Date: Wed, 20 Feb 2008 11:40:16 -0500
To: Don Laton <[e-mail]>
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 <[e-mail]>
Date: Mon, 18 Feb 2008 19:00:02 -0800 (PST)
To: Linda Lewis <[e-mail]>
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 <[e-mail]> 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 <[e-mail]>
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 <[e-mail]>
CC: Rick Shiver <[e-mail]>
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: [phone]
Attorney for Plaintiff
12

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tXhiBIT A TO CONSENT JUDGMENT 04 CVS 2896
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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 [phone]
Fax [phone] 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 [phone]. 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
[phone]
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 [phone]
FAX [phone]
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

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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#: [phone]
REMARKS: IL
127 Cardinal Drive Extension, WIImingwn, N,C. 20405-3445 Telephone [phone]'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:[phone]
Fax:[phone]
[e-mail]
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: [phone]
276994" 1
Fax: [phone]
[e-mail]
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
[phone]
[phone]/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! [phone]
Fax: [phone]
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:[phone]
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; [phone]
Fax: (919) 71"766
[e-mail]
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:[phone] 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#:[phone]
c�oFPO�r
Reply Lu:
1)an Iaton
Environmental Uivksion
Tel: (919)71"(ioo
Fax: [phone]GG
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#:[phone]
Dear Clay:
Reply to:
Don Laton
Environmental Division
Tel: [phone]
Fax: [phone]
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: [phone]
FAX: [phone]
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 [phone].
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 [phone] Customer Servicel-877.623-6748
Wilmington Regional office Wilmington, NC 28405-3845 FAX [phone] 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:[phone] 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:[phone] 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:[phone] 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

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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: [phone]
Fax: [phone]
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
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E-2) BUSY
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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
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Doe: 7-2Y -04- - No. Of Ptges: 15
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------------------------------------------------------------------------------------------------
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
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CO: 7 ,
FAX #: °i icl -
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From: �•
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FAX#: [phone]
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
[phone]
EMAIL
[e-mail]
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 [phone]
FAX [phone]
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 [phone]
FACSIMILE [phone]
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 [phone] S3
FAX [phone]
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-
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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�
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2.
STREET ADDRESS OF REGISTERED OFFICE
ENTER STREET ADDRESS CHANCE HERE -
CAROLINA777 BEACH NC ZM28
'a
COUNTY - NEW HANOVER
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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
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ADDR- 00 &D1C
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NAME- ADDR-
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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
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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
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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
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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
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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
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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
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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
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New Hanover County Tax Records Inquiry - Detail Data
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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
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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
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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
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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
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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
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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
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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
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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 # [phone].
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 # [phone].
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 [phone] Fax: [phone]

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 [phone]. 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

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MEMORANDUM
Date: April 1, 2003
To: Mr. Bob Sledge
From: Linda Lewis
Through: Rick Shiver-� ✓ �_
Subject: Request for Injunctive Relief
Project: SW8 930710 and SW8 921115 Crosswinds Subdivision
Location: New Hanover County
Dear Bob:
As of this date, repeated Notices of Violation, Enforcement Actions and meetings
with Dick Thompson of B & D Developers, his lawyer and his engineer have failed to
resolve the situation at Crosswinds. Mr. Thompson refuses to do anything.
The homeowners 'at Crosswinds have continued to experience flooding which
threatens their homes. The surface area of the pond permitted under 930710 is currently
only 1.4 acres when it should be 1.9 acres, and the pond permitted under 921115 has
fallen into a complete state of disrepair. Dye tests have confirmed that runoff which is
supposed to be draining to the 921115 pond is actually draining to the 930710 pond.
We are hereby requesting that you begin the process of seeking injunctive relief to
compel Mr. Thompson to provide the 1.9 acres of pond area in the 930710 pond and to
perform the necessary repairs and maintenance on the 921115 pond to comply with the
stormwater management permits.
Thank you.
S:\WQS\STORMWAT\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 [phone] Fax [phone] 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 [phone].
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
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�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 # [phone]
Phone # [phone]
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 #: [phone]
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 # [phone]
Phone # [phone]
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 [phone] Fax [phone] 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. High pond water levels and high
effluent ditch water levels are expected to magnify his wet soil
related flooding problem.
JB:crosswinds.103
Cc: Rick Shiver

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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

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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
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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
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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
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4.
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8.
9.
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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.
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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.
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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.
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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,,'
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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: [phone]
Fax: [phone]
[e-mail]
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

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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: [phone]
Fax: [phone]
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

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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 ' [phone] Fax [phone] 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 [phone].
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,
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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 [phone] Fax [phone] 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 [phone].
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" <[e-mail]>
To: "Linda. Lewis" <[e-mail]>
CC: "Wyatt E. Blanchard, P.E. (E-mail)" <[e-mail]>,
"Mark Hargrove" <[e-mail]>
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:[e-mail]]
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" <[e-mail]>
Date: Fri, 19 Apr 2002 12:45:35 -0400
To: "Linda Lewis" <[e-mail]>
CC: "Wyatt E. Blanchard, P.E. (E-mail)" <[e-mail]>,
"Mark Hargrove" <[e-mail]>
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:[e-mail]
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',

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WATER & LAND SECTION Fax:[phone] 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:[phone] 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:[phone]
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:[phone]
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 [phone].
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 [phone] Fax [phone]
`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 [phone].
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 [phone] Fax [phone]
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 [phone].
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 [phone] Fax [phone] 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 [phone].
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 [phone] Fax [phone] 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 [phone].
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 [phone]
4%
Fax [phone] ' —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 [phone]
Fax [phone] 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 [phone].
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 [phone] Fax [phone] 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 [phone].
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 [phone]
FAX [phone]
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 [phone]
TOLL FREE 800/499-9711
E-mail [e-mail]
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 [phone] Fax [phone] 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 [phone].
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 [phone] Fax [phone] 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 [phone].
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 [phone] FAX [phone]
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
[phone]
FAX: [phone]
FACSIMILE TRANSMISSION COVER PAGE
TO: LINDA LEWIS
FAX: [phone]
FRaK: CLAY COLLIER
DATE: July 25, 2001
PAGES: (Including Cover)
MESSAGE:
FAX: [phone]
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 [phone]
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 [phone] FAX [phone]
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 [phone].
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 <[e-mail]>
To: Jill Hickey <[e-mail]>, Rick Shiver <[e-mail]>
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
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E-2) BUSY
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.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-
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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 [phone].
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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

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 [phone] FAX [phone]
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 [phone]
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
[phone]
APRIL 20, 2001
V1eaemeeoy
.�`' -ok CARO, °
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A/
C. LAWRENCE SNEEDEN, JR. PE
3225 JARED COURT
WILMI NGTON, NORTH CAROLINA 28409
[phone]
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.
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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: [phone]
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: [phone]
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 [phone] 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: [phone]
VIH. APPLICANT'S CERTIFICATION
State: NC Zip: 28409
Fax: [phone]
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: [phone]
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: [phone]
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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

P. 1
* * * COMMUNICATION RESULT REPORT ( MAR. 9.2001
FILE MODE OPTION
060 MEMORY TX
REASON FOR ERROR
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ADDRESS (GROUP)
DOJ RAL
8:39AM )
TTI­WI NR WIRO
RESULT PAGE
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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 [phone] 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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

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
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-----------------------------------------------------
9-3414035 OK P. 3/3
E-2) BUSY
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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#: [phone]
127 Cardinal Drive Extcnsion, Wilmington, N-C, 2a405%M4511clephone (9lo) 395.3906 Fax [phone]
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 [phone] FAX [phone]
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 [phone].
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

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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 [phone]
CAROLINA BEACH: P.O_ BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

P. 1
COMMUNICATION RESULT REPORT ( NOU.29.2000 5:42PM )
TTI NCDENR WIRO
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-------------------------------------- --------- ----------
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 #: [phone]
DWQ Stormwater Project #SWS 930710
Project Name: Crosswinds Pond
Dear Mr, Thompson:
Bill Holman, Secretary
No. of
Pro : Linda Lewis
Fate on - Stormwater
FAX #: [phone]
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 #: [phone]
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 #: [phone]
Phone #: [phone]
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 #: [phone]
DWQ Stormwater Project #SW8 930710
Project Name: Crosswinds Pond
Dear Mr. Thompson:
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX #: [phone]
Phone #: [phone]
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 [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

11129l2000 11:26
(1, 2q -cv
TO:
FROM:
=== COVED FADE ===
THE THOMCO GROUP INC
FAX: [phone]
TEL : [phone]
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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

* * * 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 #: [phone]
sPAGE
'1 1i1
Bill Holman, Secretary
No. of Pages; 1
From: Linda Lewis )AIVX
Water Quality Se 'on - Stormwater
10-350-2004
Phone #: [phone]
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 #: [phone]
Bill Holman, Secretary
FAX COVER SHEET
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX #: [phone]
Phone #: [phone]
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 [phone] FAX [phone]
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 [phone] FAX [phone]
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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

— 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 [phone] FAX [phone]
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 [phone].
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 [phone] FAX [phone]
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 <[e-mail]>
Organization: NC DWQ
To: Linda Lewis <[e-mail]>
CC: Jeanette Powell <jeanette.pewe11@ ernail.net>, Bill Reid <[e-mail]>
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: [phone] ext. 525
Fax: [phone]
Mailto:[e-mail]
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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

Ln
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Postage
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V"1
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C3
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Restricted Delivery Fee
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■ 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
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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 [phone].
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 [phone] FAX [phone]
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 <[e-mail]>
To: Jeanette Powell <[e-mail]>
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

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NEW MOrIR COUNTY we 01116 2000
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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,
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HAR IET H. TAMES LISA CALLANAN
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Wilmington, NC 28409
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The designation Grantor and Grantee as said herein shall include said parties. their halm, successors, and malsns6 mid
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WITNESSETI , that the Grantor, for a valuable consideration paid by the G.•rantee, the receipt of which is. hereby
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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
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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,..
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wu..u,.rwlwp.�WulMr.ealrwlraJwlMMlnYwgWwYgblorwMuwr 111r 1.rIlNlawwwxw.JWMMrpwawrlsV rpwr..AW1..wWlr..rwxww..nrr..r.wwt_�SQ QQ
nahnn w A+Yaer N/ r rwwrlreA haar hlbw r JR wwY lMaLrluR --A,- M m awwFYNJ Jw Gatlwr JW Ir. Y wp11r. �YIM 01 lwre weblwB w.un.W NWw11 w+ r41 • varwl
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6.
SCHEDULE "A"
8001K PACE
?7$9 0375
WILLIAM K. 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 #: [phone]p4
FAX #: [phone] 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 #: [phone]
Bill Holman, Secretary
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX #: [phone]
Phone #: [phone]
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 [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

May 13-00 10:36 From-MURCHISON TAYLOR AND GIBSON LLP [phone] 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 #: [phone]
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 [phone] and ask for Joyce.

May-2.3-00' 10:39 From-MIURCHISON TAYLOR AND GIBSON LLP
[phone] 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 #: [phone] FAX #: [phone]
Phone #: [phone]
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 #: [phone] FAX #: [phone]
Phone #: [phone]
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 [phone] FAX [phone]
An Equal Opportunity Affirmative Aetibn Employer

May19-00 09:50 From-MURCHISON TAYLOR AND GIBSON LLP [phone] 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 #: [phone]
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 [phone] 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
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May=19-00 09:51 From-MURCHISON TAYLOR AND GIBSON LLP [phone] 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.: [phone]
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 [phone]
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 [phone]
E-mail [e-mail]
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

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910-45,Q-000Y
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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

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(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 [phone].
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 [phone] FAX [phone]
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 [phone]
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
[phone]
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("
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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
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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 [phone]
-RET111 FAX [phone]
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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

R. BRUCE JA S $ 5046 Out Island Drive $ Wilmington, NC 28409 $ [phone]
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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

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 [phone]
CARROLINA BEACH: P.O. BOX 777 - C;AROLINA BEACH, NC 28428 - TELEPHONE [phone]

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 [phone]
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 [phone]
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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

(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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

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 [phone]
CAROLINA BEACH: P.O. BOX 777 - CAROLINA BEACH, NC 28428 - TELEPHONE [phone]

�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 [phone] • Fax [phone]
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 [phone].
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 [phone] • Fax [phone]
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: [phone]
TEL: [phone]
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
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COPY TO ca Y`wer
SIGNED: --

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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
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,0.25
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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
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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
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84.4
73.0
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2.8
4.1
0.4
0.0
13
14
1.154
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0.804
3.77
7.P.0
80.0
92.0
73.7
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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
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A'
1 9
0.4
30
31
0.945
L? ?P.
1.068
.1jCi.5�
8- 0
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74.1
66.5
66.3
55.7
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42.1
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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.
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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
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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 [phone]
WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE [phone]

(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 [phone]
WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE [phone]

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: [phone]
Fax: [phone]

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#: [phone]
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
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 [phone] Fax [phone],
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 [phone]
WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE [phone]

(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 [phone]
WRIGHTSVILLE BEACH: P.O. BOX 777 WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE [phone]

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 [phone]
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 [phone]
WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE [phone]

(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
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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 [phone]
WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE [phone]

��. 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!
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1011-44t
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............................. 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 [phone]
WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE [phone]

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 [phone]
WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE [phone]

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 [phone] 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- [phone]
WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE [phone]

(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 [phone] ® Fax [phone]
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 [phone].
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:
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�..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
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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 -- •-- -•-
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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 [phone] * Fax [phone]
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 [phone] • Fax [phone]
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
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.0
...VLf:S................_.pee wet
AT ,
m
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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 [phone]
WRIGHTSVILLE BEACH: P.O. BOX 777 - WRIGHTSVILLE BEACH, NC 28480 - TELEPHONE [phone]

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 [phone].
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 [phone] • Fax [phone]
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/[phone]
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
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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. Secretary of the a i D
coQmllM, a north Carolina Corporation, and that by au wzity
duly given and as the act of the cwporation, the foregoing
instrum�t was signed in its name by its vice -President. sealed
vith its corporate seal and attested by hWbw es its Secretary.
n12KISS my band and official stamp at seal, this the /5"' day
of =, 1996.
A
NY commission Expires:
7zz-2d"
STATE OF NORTH CARO NA
NCWHa O-Mcom y
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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