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HomeMy WebLinkAboutSW6140503_Renewal Application_20220429N ` DEMLR USE ONLY D to Re eived Fee Paid Permit Number ?�i zoz2 .sns' w / a o3 RECEIVED NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: APRA�f 2022 PERMIT RENEWAL APPLICATION FORM Z9 f fps [EMLR In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high densRit pe m�it VdI �OnRI Office prior to its expiration. Renewed permits are valid for a period of 8 years per Session_ Law 2011-398 (SB 781)��LBt Section 60. (c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW6140503 2. Project name: The Estates at Georgetown - Phase I 3. Project street address: Fisher Rd City: Fayetteville County: NC 4. What, if any, changes have been made to the project as permitted? N/A ZIP : 28304 If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at. https:Hdeg.nc.gov/about/divisions/energ -- mineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form orthe Permit Transferform available at.- https:Hdeg.nc.gov/about/divisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: CBMM Properties, LLC 2. Signing Official's Name: Carolyn R. Armstrong 3. Signing Official's Title: President 4. Mailing Address: 2709 Thorngove Court City: Fayetteville 5 n. State: NC zip: 04-303 Street Address: 2709 Thorngrove Court City: Fayetteville State Phone: (910 864-3232 Email: Erind@c-sprop.com NC ZIP: P3e4-F?303 Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQ W/ORM. Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. v44e 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. - 4. O&M Agreements, Please select one: 0 I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Designer Certifications, Please select one: I ] A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or f] A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION Carolyn R. Armstrong , the person legally responsible for the permit, certify that I have a copy of the Permit and 0&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the 0&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, correct and complete. /r�1�[/' NOTARIZATION: Erin Douglas North Carolina County of Hoke that Carolyn R. Armstrong a Notary Public for the State of do hereby certify personally appeared before me this the ��' day of. 202)0_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, ,%0,11is i N u11"'0. (Notary Seal) ��� �OUG�y��, OTA/y Notary Signature. My commission expires r 0.� a� 1.0�3 °'•,�FC0U"t' Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 NC DEQ Division of Energy, Mineral and Land Resources RECEIVED 6 °• 3`7�1i�. STATE STORMWATER: APR;T>i 202Z PERMIT RENEWAL APPLICATION FORM 01 D? E�MQ LR In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high densii't pe mil it 0� tf� lonal Office prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) 0mc Section 60. (c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW6140503 2. Project name: The Estates at Georgetown - Phase I 3. Project street address: Fisher Rd City: Fayetteville County' NC - 4. What, if any, changes have been made to the project as permitted? N/A ZIP : 28304 If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at. https:Hdeg.nc.gov/about/divisions/energy- mineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at. his://deg.nc.gov/about/divisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: CBMM Properties, LLC 2. Signing Official's Name: Carolyn R. Armstrong 3. Signing Official's Title: President 4. Mailing Address: 2709 Thorngove Court City: Fayetteville State: NC ZIP : 28304 5. Street Address: 2709 Thorngrove Court City: Fayetteville State: NC ZIP : 28304 6. Phone: (910 864-3232 Email: Erind@c-sprop.com THE FACE OF THIS DOCUMENT HAS A COLORED_ BACKGROUND ON WHITE PAPER Branch Bank & Trust Company 66/112 531 24,2 Armstrong Family #1, Inc. 3817 Morganton Road T"`m'"C" bey""°'"F`�`°°"�'�°"" — � 2709 Thorngrove Court Fayetteville, North Carolina 28314 Fayetteville North Carolina 28303 DATE 04/29/2022 Pay: **********************************Five hundred five dollars and no cents $ ****505.00 TO THE NC DEPT. OF ENVIRONMENTAL ORDER QUALITY OF /�, 4 L 4, Void in 90 Days a----- _.- THE BACK OF THIS DOCUMENT CO 11 S AN AR„FICIAI_ NlATERNtARK— HOLD AT AN ANGLE TO VIEW State Stormwater Permit Permit No. SW6140503 The Estates of Georgetown — Phase I Cumberland County Designer's Certification I, Jeffrey A. Nobles, PE, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodicallx/ weekly/ full time) the construction of the project, The Estates of Georgetown — Phase 1 (Project Name) for CBMM Properties, LLC(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. Noted deviations from approved plans and specification: The project has been constructed as planned, however there are still lots within the project area that have not been completed, so the proposed wet detention basins are still in use as erosion control devices. As such, the full conversion to use as wet detention basins has not been completed. At such time as the conversions are complete, a final certification will be provided. Signature�/� Registration N er 03 59 Date L4 - 20- 22 cc: NCDENR-DEMLR Regional Office O`%0 kA C/�1R ? Q EAL SEAL 31459 IN APR,%-0'2022 z9 DEMLR Fayetteville Regional Office Page 1 of 1 LA ENGINEERING -SURVEYING - DESIGNING - DRA"ING au Larry King & Associates, R.L.S., P.A. P. (910) 483-4300 www.LKandA.com F, (910) 483-4052 North Carolina DEQ Division of Energy, Mineral and Land Resources SUBJECT: SW Permit Number SW6140503 PROJECT: THE ESTATES OF GEROGETOWN- PHASE 1 The Estates of Georgetown — Phase 1 Hope Mills, NC (Cumberland County) To Whom It May Concern: JEFFREY A. NOBLES, PE April 20, 2022 This letter is to certify that, to the best of my knowledge and belief, the materials and construction associated with Permit Number SW6140503 were done in compliance with the approved permit. The project has been constructed as planned, however there are still lots within the project area that have not been completed, so the proposed wet detention basins are still in use as erosion control devices. As such, the full conversion to use as wet detention basins has not been completed. At such time as the conversions are complete, a final certification will be provided. Regards, mrrrraTm Jeffrey A. Nobles, PE (031459) Project Manager Larry King & Associates, RLS, PA APR, 2022 DEMLR Fayetteville Regional Office Page 1 of 1 CA202207501139 SOSID: 1251878 Date Filed: 3/16/2022 �r LIMITED LIABILITY COMPANY ANNUAL REPORT Elaine F. Marshall =,F , North Carolina Secretary of State 0„6,zoi? Elaine 075 01139 NAME OF LIMITED LIABILITY COMPANY: CBMM Properties, LLC SECRETARY OF STATE ID NUMBER: 1251878 STATE OF FORMATION: NC Filing Office Use Only REPORT FOR THE CALENDAR YEAR: M 1:1 ■❑ -Jlr;0." SECTION A: REGISTERED AGENT'S INFORMATION ®Changes 1. NAME OF REGISTERED AGENT: Carolyn R Armstrong 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 2709 Thorngrove Court 2709 Thorngrove Court Fayetteville, NC 28303 Cumberland Fayetteville, NC 28303 Cumberland SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 864-3232 4. PRINCIPAL OFFICE STREET ADDRESS 2709 Thorngrove Court 3. PRINCIPAL OFFICE EMAII privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS � 2709 Thornqrove Court Fayetteville, NC 28303 Cumberland Fayetteville, NC 28303 Cumberland 6. Select one of the following if applicable. (Optional see instructions) RECEIVED ❑ The company is a veteran -owned small business APR ❑ The company is a service -disabled veteran -owned small business ,82022 ®EMLR SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) Fayetteville Regional Office NAME: Carolyn R Armstrong NAME: Brian L Armstrong NAME: TITLE: President ADDRESS: TITLE: Vice President ADDRESS: 2709 Thorngrove Court 2709 Thorngrove Court TITLE: ADDRESS: Fayetteville, NC 28303 Cumberland Fayetteville, NC 28303 Cumberland SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. March 1,2022 e. SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. Brian L Armstrong Vice President Print or Type Name of Company Official Print or Type Title of Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200 MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525. Raleigh, NC 27626-0525 BKo98 16 P600 14 RECEIVED APR Z02Z 0-01 DEMLR Fayetteville Regional office aDx Prepared by and Retmit 0: L. Holden Reaves, Esq. Reaves Law, PLLC PO Box 53187 Fayetteville, NC 28305 FILED CUMBERLAND COUNTY NC J. LEE. WARREN, JR. REGISTER OF DEEDS FILED Mar 04, 2016 AT 01:05:49 pm BOOK 09816 START PAGE 0014 END PAGE 0056 INSTRUMENT # 06358 RECORDING $138.00 EXCISE TAX (None) CL DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS FOR GEORGETOWN ESTATES THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS (the "Declaration") is made as of the date set forth in the below notary acknowledgment, by CRA HOME BUILDERS, INC., a North Carolina corporation, hereinafter referred to as "Declarant"; WITNESSETH: WHEREAS, Declarant is the owner of certain property in or near the Town of Hope Mills in Cumberland County, North Carolina, known as Georgetown Estates subdivision ("Georgetown Estates"), two (2) plats of which have been duly recorded in Plat Book 137, Page 60 Plat Book 137, Page 78 (together, the "Plat") of the Cumberland County, North Carolina Registry [Note: the defined term "Georgetown Estates" is intended to refer to all property shown on the Plat and all future annexed phases]; and WHEREAS, Declarant desires that Georgetown Estates be uniform in its development and the restrictions applicable thereto; and NOW THEREFORE, Declarant declares that the real property described above shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the covenants, restrictions, conditions, easements, assessments, affirmative obligations, and liens hereinafter set forth which are for the purpose of protecting the value and desirability of, and which shall run with, the real property described above and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS 4 BKO9316 P00015 (a) "Association" shall mean and refer to Georgetown Estates Owners Association, Inc., a North Carolina non-profit corporation, its successors and assigns. The articles of incorporation of the Association are attached hereto as Exhibit A. and the bylaws (the "Bylaws") of the Association are attached hereto as Exhibit B. (b) "Common Area" shall mean and refer to all of those platted areas labelled as such on the Plat, if any, along with any improved detention pond(s) and other improvements located thereon, if any; and along with any subdivision signage improvements located in Georgetown Estates, if any. All Common Area shall be subject to the easements and other rights described herein and/or as shown on the Plat. The term "Common Area" shall also include any personal property acquired by the Association if said property is designated as Common Area. All Common Area, including the retention pond(s) and related improvements located thereon, are to be devoted to and intended for the common use and enjoyment of the Members and/ or persons occupying dwelling places. The Association shall be responsible for maintaining and repairing the Common Area, per Article IX, Section 2. (c) " Common Expenses" shall mean and include: (1) All sums lawfully assessed by the Association against its Members; (2) Expenses of administration, maintenance, repair, or replacement of the Common Area, including without limitation; maintenance, upkeep and repair of the retention pond in accordance with Article Vl herein and any sign, lighting, and/ or landscaping located within the entrance to Georgetown Estates; (3) Expenses declared to be common expenses by the provisions of this Declaration or the Bylaws; (4) Hazard, liability, or such other insurance premiums as the Declaration or the Bylaws may require the Association to purchase or as the Association may deem appropriate to purchase; (5) Any other expenses determined by the board of directors or approved by the Members to be common expenses of the Association. (d) "Lot" shall mean and refer to any of the numbered plots of land shown on the Plat, as such Plat may be further amended or modified. (e) "Member" when used in the context of discussing the Association shall mean and refer to the Declarant and its designated officers, employees or agents, and all those Owners who are Members of the Association as provided in this Declaration. (f) "Owner" shall mean and refer to the Owner as shown by the records in the Register of Deeds of Cumberland County, North Carolina, whether it be one or more persons, firms, associations, corporations, or other legal entities, including the Declarant, of fee title to any Lot depicted on the Plat, but notwithstanding any applicable theory of a mortgage, shall not mean or refer to the mortgagee or holder of a security deed, its successors or assigns, unless and until such mortgagee or holder of a security deed has acquired title pursuant to foreclosure or a proceeding or deed in lieu of foreclosure; nor shall the term "Owner" mean or refer to any lessee or tenant of an Owner. (g) Period of Declarant Control" means the period commencing on the date hereof and continuing until the earlier of (i) when Declarant (or any builder affiliate of Declarant) no longer owns a Lot in 2 BY, 098 16 FG0o 16 Georgetown Estates or any property within two (2) miles of any Lot which has been annexed into (or which may be annexed into) said subdivision; or (iii) when Declarant relinquishes such control in favor of the Association via a recordable document executed by Declarant and recorded in the local Registry. (h) "Property" shall mean and refer to Georgetown Estates, which shall include all platted land shown on the Plat. The "Property" shall also include any future sections of Georgetown Estates as the same may be developed from time to time, if any, except that such future sections of Georgetown Estates shall become subject to these covenants only from and after the recording of the plat or plats for said future section(s) and the recording of a supplemental declaration which incorporates by reference this Declaration and which expressly makes the new section(s) subject to these covenants, or portions of same. The supplemental declaration . may contain such complementary additions and/or modifications of the covenants and restrictions contained in this Declaration as may be necessary or convenient, in the sole judgment of Declarant, but such modification shall have no effect on the Property shown on the Plat. ARTICLE 11 SPECIAL DECLARANT RIGHTS Declarant reserves the following special declarant rights for the entire Property, including any future sections of Georgetown Estates during the Period of Declarant Control: (a) To complete any and all improvements indicated on the Plat and related engineering/ architectural plans; (b) To exercise any development right reserved in this Declaration; (c) To construct and maintain any sales office, signs advertising the Property or any property which may be added thereto, management office or model on any of the Lots shown on the Plat; (d) To create easements through the Common Area and/ or Lots for the purpose of making drainage and utility improvements, as reasonably necessary, now or in the future; (e) To alter the size of any Lot, combine or merge two or more hots, to subdivide Lots or to turn other Property into Common Area; (f) To annex any additional property developed in conformity with the plan of development, regardless of whether now owned or acquired in the future and whether or not presently contiguous; (g) To use the existing roads and utility easements in favor of all future annexations; (h) To extend streets and utilities through any platted Loot owned by Declarant and/ or any builder affiliate; 0) To unilaterally amend this Declaration as set forth in Article XIS Section 2; 0) To assign the Declarant's rights to a successor in interest; (k) To alter the size of the Common Area, and to recombine a portion of same with any Lot (to include the right, during the Period of Declarant Control, to execute a deed on behalf of the Association, to convey any portion of the Common Area to Declarant and/ or any third party, 8K09816 pG0017 subject to any approvals as maybe necessary by the County Planning Department, the Town of Hope Mills, or other municipal agency having jurisdiction over the Property). ARTICLE III UTILITIES AND UTILITY AND DRAINAGE EASEMENTS Section 1. Declarant reserves the right to subject the Property to a contract with public utility providers for the installation of overhead and/or underground electric cable or other utilities and/or for the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to such public utility provider by the owner of each improved Lot. Declarant and its successors in title may devote any Lot or portion thereof, not already sold, for any construction and uses which it, in its sole discretion, deems necessary in order to provide the subdivision with utilities. Section 2. Easements for installation and maintenance drainage facilities are reserved as shown on the Plat. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may interfere with, or which may change, the direction or flow of drainage, or which may obstruct or retard the flow of water. All areas indicated as streets on the Plat are hereby dedicated to public use. ARTICLE IV USE RESTRICTIONS - LOTS Section I. All Lots shall be used for residential purposes only and shall not be used for any business or commercial purposes; provided, however, that Declarant reserves the right to use any Lot and any improvements thereon owned by Declarant (or an approved builder) as a model home with sales office. Group homes are prohibited. Section 2. All Lots shall be residential lots, and no structure shall be erected, altered, placed or permitted to remain on any of said Lots except one detached single family dwelling of not more than two and one-half stories in height, a private garage for not more than three cars and other out -buildings in the rear of the dwelling house which may be incidental to normal residential use in subdivisions of similar category. Any such outbuildings shall be constructed in the same manner and with the same materials as the single family dwelling located on the Lot. No mobile homes or modular/ manufactured houses may be placed on any of the Lots. Section 3. No dwelling shall be erected or allowed to remain on any of the Lots which shall contain a heated -area living space of less than sixteen hundred (1600) square feet, of which at least one thousand (1000) square feet must be on the ground floor (but only if such dwelling is a two-story dwelling) (. Heated -area living space shall mean the ordinary living space in a house which is designed and constructed so as to be capable of being heated for regular living use in cold weather. In the computation of floor space, furnace room areas, garages, carports, and porches shall not be counted. No residence or other building, and no fence, wall, utility yard, driveway, swimming pool or other structure or improvement, regardless of size or purposes, whether attached to or detached from the main residence, shall be commenced, placed, erected or allowed to remain on any building Lot, nor shall any addition to or exterior change or alteration thereto be made, unless and until building plans and specifications covering the same, showing the nature, kind, shape, height, size, materials, floor plans, exterior color schemes with paint samples, location and orientation on the building Lot and approximate square footage, construction schedule, and such other information as the Declarant shall require, including, if so required, plans for the grading and landscaping of the building Lot showing any changes proposed to be made in the elevation of surface contours of the land, have been submitted to and approved in writing by the Declarant and until a copy of all such plans and specifications, as finally approved 4 8K09816 PG0018 by the Declarant have been lodged permanently with the Declarant. The Declarant shall have the absolute and exclusive right to refuse to approve any such building plans and specifications and Lot -grading and landscaping plans which are not suitable or desirable in its opinion for any reason, including purely aesthetic reasons connected with future development plans of the Declarant of said land or contiguous lands. In passing upon such building plans and specifications and Lot -grading and landscaping plans, the Declarant may take into consideration the suitability and desirability of the proposed construction and of the materials ofwhich the same are proposed to be built to the building Lot upon which it proposes to erect the same, the quality of the proposed workmanship and materials, the harmony of external design with the surrounding neighborhood and existing structures therein, and the effect and appearance of such construction as viewed from neighboring properties. In the event the Declarant fails to approve or disapprove such building plans and specifications within thirty (30) days after the same have been submitted to it as required above, the approval ofthe Declarant shall be conclusively presumed and the provisions of this paragraph shall be deemed to have been complied with. However, no residence or other building, structure or improvements which violates any ofthe covenants and restrictions herein contained or which is not in harmony with the surrounding neighborhood and the existing structures therein shall be erected or allowed to remain on any part of a Lot. All driveways shall be constructed of concrete. Notwithstanding anything to the contrary herein, the Declarant shall have the right to reduce the minimum heated -area living space for new dwellings during the Period of Declarant Control, based upon market factors. The Declarant approval requirements of this Section 3 shall automatically expire upon the expiration or termination of the Period of Declarant Control. Section 4. All structures on any of said Lots shall comply with the setbacks as required by the Town of Hope Mills and/ or Cumberland County and/ or applicable municipal ordinance, as the case may be. Section 5. No wire or concrete block fences shall be permitted on any Lot. No fence shall be erected closer to any street line than the rear corner, closest to the street, of the single family residential dwelling located on the Lot. No fence shall exceed six (6) feet in height. For those Lots which are corner lots, no such fencing may be placed or erected on an improved corner Lot any closer to the street than the back rear corner of the principal dwelling structure closest to the street and, on vacant Lots, closer to any street than the setback line. Ornamental fences (e.g., split rail fences or fences through which there is at least 75% visibility) not to exceed three (3) feet in height may be erected between the house and the street rights of way lines upon prior written approval by Declarant pursuant to Section 3 hereof; however, upon the expiration or termination ofthe Period of Declarant Control, the Association and its Board of Directors shall become exclusively vested with such approval rights. For all wooden fences, the finished side must face the exterior of the Lot and the bracing must be face the interior of the Lot. Section 6. Television satellite or dish antennas having a diameter in excess of twenty-two inches (22") are prohibited. All allowable satellite dishes or antennae are to be placed or installed at the rear of the house or the rear corner of the Lot, so that they are no easily visible from the street. Section 7. No sign or signs other than a "For Sale" or "For Rent" sign shall be displayed on any Lot. Section 8. No automobile or motor vehicle may be dismantled or stored on said property; and no mechanically defective automobile, motor vehicle, mechanical machine, or machinery, shall be placed or allowed to remain on said property for over fourteen (14) days. Notwithstanding the above, these restrictions shall not apply if such vehicle is kept in an enclosed garage and out of sight from the street. Commercial vehicles, camper trailers, recreation vehicles, trailers, and/or boats shall be stored at the rear of the residence on a concrete pad and enclosed by a privacy fence. OX09816 PG0019 Section 9. No trailer, tent, shack, garage, barn or similar type outbuilding shall be placed, erected or allowed to remain on any Lot without the written consent of Declarant, its successors or assigns. Nor shall any structure of a temporary character be used as a residence temporarily, permanently or otherwise. Section 10. Only break -away mailboxes may be constructed in the subdivision; it being the intention of the Declarant to preclude the erection of permanently constructed mailboxes in the North Carolina State Right -of -Way areas. Additionally, all mailboxes and posts must be black and must meet with Deelarant's approval prior to erection. Section 11. It is understood and agreed that these restrictions are made for the mutual benefit of the grantors and grantees and any and all subsequent grantees, and all such parties shall be deemed to have a vested interest in these restrictions and the right to enforce same. Section 12. The invalidation of any one or more or any part of any one or more of the covenants and conditions set forth herein shall not affect or invalidate the remaining covenants or portions thereof. Section 13. No animals, livestock or poultry of any kind, except common pets, shall be raised, bred, or kept on any part of a Lot; however, dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for commercial purpose, and provided they are not allowed to run loose in the neighborhood. There shall be a maximum of three (3) dogs and three (3) cats allowed per Lot. Section 14. Each Lot Owner covenants and agrees that he/ she will control the noise level emanating from any activities on the Lot at a reasonable level. The Lot Owner shall not allow the noise level to become a nuisance or to otherwise interfere with adjoining Lot Owners' reasonable use of their Lots. Section 15. Upon the written request of any Lot Owner, the Declarant shall have the authority to grant a reasonable variance from any particular use restriction set forth in this Article IV during the Period of Declarant Control. Once the Period of Declarant Control has terminated, then the Association (through its board of directors) shall have the authority to grant any such reasonable variances, upon written request. The decision to grant any variance shall be based upon the particular hardship of the Lot Owner and the variance's minimal effect on other Lot Owners and the overall aesthetic appearance of the Subdivision. Any variance shall be set forth in writing and shall be recorded in the Cumberland County Registry, indexed in the name of the Georgetown Estates subdivision, the Association, and in the name of the affected Lot Owner(s). Section 16. Each Lot Owner covenants and agrees that he/ she will keep his/ her Lot in good condition and repair, with presentable landscaping and trimmed grass at all times. if any Lot Ownerfails to abide bythis covenant, then the Association shall be vested with a self-help right to perform such maintenance on behalf of such Lot Owner and shall charge the expense thereof to the Lot Owner, which shall become an additional assessment against any such Lot, enforceable in accordance with Article IX of this Declaration. The Association shall provide written notice to any Lot Owner who is in violation of this covenant, and the Lot Owner shall have a period fourteen (14) days to cure such violation (as of the Lot Owner's receipt of such written notice), after which the Association shall have the right to elect its self-help remedy and perform the work on the Lot Owner's behalf; and the Association shall have a license to enter upon the Owner's Lot for such limited purpose; however, notwithstanding the above, it is understood and agreed that if the Lot is in foreclosure (as evidenced by any foreclosure filing with the local Clerk of Court's office), then the requirement that the Association provide such written notice the Lot Owner along with such cure right shall be automatically waived; and the Association shall be immediately vested with the right to perform the work and assess the Lot (without such advance notice or cure right being necessary). 8X09816 PC0020 ARTICLE V USE RESTRICTIONS - COMMON AREA Not withstanding anything to the contrary herein, no Owner may build or erect any structure or improvement upon or within the Common Area. No basketball goals may be erected or placed in the street right of way. No Owner may alter the grade or contours of any berm located within the Common Area. No Owner may plant or modify in any fashion the land, trees, shrubberies, and other landscaping within the Common Area except as may be required to comply with stormwater management regulations set forth below. It is the intention ofthe Declarant that the Association shall be solely responsible for the maintenance, upkeep and repair of the retention pond(s) within the Common Area. ARTICLE VI ASSOCIATION'S STORMWATER MANAGEMENT OBLIGATIONS; HOLD HARMLESS; RELEASE OF LIABILITY OF DECLARANT Section 1, The covenants in this Article VI are intended to ensure ongoing compliance with State Stormwater Management Permit Number#SW6140503 as issued by the Division of Water Quality under the Stormwater Management Regulations. Section 2. The State of North Carolina is made a beneficiary of these covenants in this Article VI to the extent necessary to maintain compliance with the stormwater management permit. Section 3. The covenants in this Article VI are to run with the land and be binding on all persons and parties claiming under them. Section 4. The covenants of this Article VI may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Section 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. Section 6. i" I'he maximum allowable built -upon area per Lot is 4,000 square feet. 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, conquina and parking areas, but does not include raised, open wood decking or the water surface of swimming pools. Section 7. Each Lot will maintain a thirty (30) foot wide vegetated buffer between all impervious areas and surface waters. Section 8. All runoff from the built -upon areas on the Lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the Lot to drain toward the street, or grading perimeter swales to collect the Lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. 11 8K09816 PG0021 Section 9. Upon the expiration or relinquishment of the Period of Declarant Control, it shall be the sole responsibility of the Association to comply with the provisions ofthe Wet Detention Basin Operation and Maintenance Agreement dated May 15, 2014 and the Dry Extended Detention Basin Operation and Maintenance Agreement dated May 15, 2014 (together, the "Maintenance Agreement"), copies of which is attached hereto as Exhibit C. For good and valuable consideration, the Association and all Owners, jointly and severally, agree to save, defend, keep harmless, and indemnify Declarant, its successors and assigns, of and from all loss, damage, costs, charge, liability or expense, including court costs, attorneys' fees, and other costs and expenses incident to any suit, investigation, claim, demand or proceeding, which are threatened against or suffered, sustained, incurred or required to be paid by Declarant as a result of the Association's failure to comply with the Maintenance Agreement. In addition, for good and valuable consideration, the Association and all Owners, jointly and severally, release Declarant, its successors and assigns, from any and all liability in any way related to the Maintenance Agreement and/ or the Common Properties. The provisions set forth in this Section 9 of this Article VI may not be altered or rescinded without the express written consent of the Declarant. ARTICLE VII MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Every Owner shall be a Member of the Association. The Declarant acting through its designated officers, employees and agents shall be a Member of the Association. In the case of multiple ownership of any Lot, each Owner shall be a Member, subject to such limitations and fees established by the Declarant. Section 2. The Association shall have one type of regular voting membership. Each Member shall be entitled to one (1) vote for each Lot which he/ she owns. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. If a residence is constructed on more than one Lot, the Owner shall have one vote for the residence, but shall have no additional vote for each other Lot comprising a part of the total consolidated home or building site so long as such Lot remains a part of the consolidated site. Section 3. The Association shall be initially governed by a Board of Directors consisting of up to three (3) persons, with the number in subsequent years to be determined as provided for in the By -Laws of the Association. The Declarant shall have the right to appoint and remove all three (3) persons on the Board, or any lesser number in its discretion, and to appoint and remove all officers of the Association during the Period of Declarant Control. Section 4. Each Member shall be entitled to as many votes as equals the number of votes he/ she is ordinarily entitled to multiplied by the number of Directors to be elected, but may not cast all of such votes for any one (1) Director and must distribute them among the number to be voted for, and all votes must be cast in whole numbers and not fractions thereof. It is the intent of this Section to prohibit cumulative voting. ARTICLE VIII PROPERTY RIGHTS IN THE COMMON AREA; RIGHT OF FIRST REFUSAL IN FAVOR ON TOWN OF HOPE MILLS (RECREATIONAL AREAS) Section 1. Subject to the provisions of this Declaration, the rules and regulations of the Association, and any fees or charges established by the Association, every Member and every tenant and guest of such Member shall have a right of easement of enjoyment in and to the Common Area and such easement shall be 8KO9816 PGO022 appurtenant to and shall pass with the title of every Lot. This'appurtenant easement cannot be separated from or conveyed separately from fee simple title to the Lot. The privilege granted to guests and tenants of Members to use and enjoy the Common Area is subject to the following: (a) the right of the Association, in accordance with its Bylaws or otherwise, to borrow money for the purpose of improving and/or maintaining the Common Area and providing services authorized herein and in aid thereof to mortgage said properties; and (b) the special Declarant rights reserved herein. Section 2. If all or any portion of the Common Area owned by the Association is disposed of, or if the Association is dissolved, the recreational areas located therein, if any, shall be first offered to the Town of Hope Mills, as required by Section 86A-408(C)(4) of the Town of Hope Mills Subdivision Ordinance, as amended. The Town of Hope Mills is an intended beneficiary of this this covenant (Article VIII, Section 2), and this covenant may not be altered or rescinded without the express written consent of the Town of Hope Mills. ARTICLE IX COVENANTS FOR MAINTENANCE ASSESSMENTS Section 1. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges which are Common Expenses; (2) special assessments for extraordinary maintenance and capital improvements; and (3) to the appropriate governmental taxing authority, a pro rata share of assessments for public improvement to the Common Area if the Association shall default in payment thereof. The annual and special assessments, together with interest and costs, and reasonable attorney's fees for collection, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for the delinquent assessments shall not pass to his/ her successors in title unless expressly assumed by them. The Association shall also have the authority, through the board of directors to establish, fix and levy a special assessment on any Lot to secure the liability of the Owner thereof to the Association arising from breach by such Owner of any of the provisions of this Declaration which breach shall require the expenditure of time and money or both, by the Association to repair or remedy. Each Owner covenants, for himself, his/ her heirs, successors and assigns, to pay each assessment levied by the Association on the Lot described in such conveyance to him/ her within ten (10) days of the due date as established by the board, and further covenants that if said assessment shall not be paid within thirty (30) days of the due date, the payment of such assessment shall be in default and the amount thereof become a lien upon said Owner's Lot as provided herein and shall continue to be such lien until fully paid. Section 2. The assessments levied by the Association shall be used exclusively for the paying of Common Expenses and for the use and enjoyment of the Common Area, together with reasonable and prudent reserves, including but not limited to, the cost of repairs, replacements and additions, the cost of labor, equipment, materials, management and supervision, the payment of taxes and public assessments assessed 9 OK090 16 P00023 against the Common Area, the providing for limited access to the property, the procurement and maintenance of insurance as deemed appropriate by the board or as required by statute, the employment of counsel, accountants and other professionals for the Association when necessary, any amounts required forthe Escrow Fund as required by the Maintenance Agreement (per Article VI, Section 9), and such other needs as may arise. The Association shall be responsible for maintaining and repairing the Common Area. Section 3. The initial annual assessment for Common Expenses shall be $250 annually based on the calendar year, such annual assessment for each Lot to commence upon the sale of each Lot upon which a newly constructed residence has been built. Any builder shall be exempt from the annual assessment until the first (I") anniversary of the builder's purchase of any Lot (after which date such builder shall be responsible for payment of the annual assessment on a pro rata basis, until such time as the builder has sold the Lot to a homebuyer). In addition, all builders (and/or any other buyer of any undeveloped Lot upon which a residence has not yet been constructed) shall be assessed a one time or initial start-up fee of $250, which shall be collected upon the purchase of each undeveloped Lot. Any buyer of a Lot upon which a newly -constructed residence has already been built shall not be responsible for paying an initial start-up fee. The Association, acting by and through its board of directors, shall have the fiduciary discretion to adjust the annual assessment for Common Expenses on any annual (or more frequent) basis, as reasonably necessary; and shall have the authority to determine when such assessments shall be due and payable. The Declarant shall have no liability to the Owners or the Association if assessments are not collected during the Period of Declarant Control. Notwithstanding anything to the contrary herein, it is understood and agreed that the Declarant and/ or any building companies having common ownership with Declarant, shall be fully exempt from any and all assessment and/ or start-up fee requirements as set forth herein. Section 4. Any assessment not paid within thirty (30) days after the due date shall be delinquent, in default and shall bear interest from the due date at the rate of eighteen (18%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same plus interest, costs, late payment charges and reasonable attorneys' fees, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his/ her Lot. The lien herein granted unto the Association shall be enforceable (and may be foreclosed) in accordance with Chapter 47F (or any other pertinent chapter) of the North Carolina General Statutes. ARTICLE X INSURANCE REQUIREMENTS; COMMON AREA The Association shall keep liability (and casualty insurance, as appropriate) on the Common Area in the Georgetown Estates subdivision, in accordance with the minimum requirements ofNCGS 47F-3-113 ofthe Planned Community Act, or other pertinent provision, as such may be amended. The Board of Directors of the Association shall have the right to purchase more insurance than the minimum so required, including additional coverage types or endorsements, in its fiduciary discretion. ARTICLE XI GENERAL PROVISIONS Section l . So long as Declarant, any Owner, or the Association is the owner of a Lot or the Common Area shown on the Plat, Declarant, or any Owner, and/ or the Association (acting through its board) shall have 10 UK09816 PC0024 the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant or by any Owner or by the Association (acting through its board) to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. This Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns. This Declaration may be amended by a written recorded instrument signed by Owners of Lots to which at least sixty-six percent (66%) of the votes in the Association have been allocated; however, during the Period of Declarant Control, the Owners may not amend the Declaration without the written consent of Declarant, as evidenced by the Declarant joining as a signatory to any such amendment. In addition, Declarant shall have the right to unilaterally amend this Declaration in a reasonable matter (taking into account the general the plan of development and not deviating therefrom), by a written recorded instrument during the Period of Declarant Control, Section 3. In the event of any conflict between the provisions of this Declaration and any applicable provisions of the Town of Hope Mills Ordinance, the provisions of the Town of Hope Mills Ordinance shall control. Section 4. It is understood and agreed that Declarant shall be responsible for all street maintenance and repair within the Georgetown Estates subdivision until such time as NCDOT (or other governmental agency, as applicable) has formally agreed to accept maintenance responsibility therefore. Section 5. Any city and/or county ad valorem taxes on the Common Area, if any, as well as city and/or county and/or PWC assessments for public and private capital improvements on the Common Area, if any, shall be the responsibility of and paid by the Association from the common expense assessment as described elsewhere herein. Upon default by the Association in the payment of any ad valorem taxes levied against Common Area or assessments for public or private capital improvements, which continues for a period of six (6) months, then each Lot Owner shall become personally obligated to pay the tax or assessment to the assessing governmental authority, with each Owner's portion of such taxes or assessments to be determined by on a prorata basis, based on the total number of Lots, as may be equitably appropriate. If not paid by the Owner within thirty (30) days, said sum shall become a continuing lien upon any such Owner's Lot, and the taxing or assessing governmental authority may either bring an action at law against the Owner personally obligated to pay the same, or elect to foreclose the lien. Section 7. No party wall or common wall (whereby adjacent Lot Owners would commonly own (and share) a wall along a common Lot boundary line) shall be allowed within the Georgetown Estates subdivision. Section 8. Subject to the terms contained in this Declaration which may lawfully deviate from the default terms contained in the North Carolina Planned Community Act (NCGS 47F et seq) (the "Act"), the Declarant hereby intends that the Georgetown Estates subdivision be expressly subject to the terms of the Act, as such may be amended. II 6K098 16 PG0025 Section 9. Georgetown Estates is subject to an ongoing monthly continuous fee for the installation and/ or maintenance of underground utilities and street lighting by Lumbee River EMC and its successor and/ or assigns. Such fee shall be a Common Expense payable by the Association, unless and until such fee is billed directly to the Owners by said utility company, [The Remainder of This Page Intentionally Left Blank; Signature Page Attached Hereto] 12 H098I6 PG0026 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed by its authorized Manager as of the date set forth in the below notary acknowledgment. DECLARANT: CRA HO BUILDERS, C. By: Its: STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he of she signed the foregoing document for the/� urpose stated therein and in the capacity indicated: t ro�nT_, as 1ng S, 4 a , , -f- of CRA HOME BUILDERS, INC., a North Carolina corporation. Dater U Je, h-F—{7 2y t 5 Official Signature of Notary: Notary's Printed Name: &ASQ.y My commission expires: (Is ZU?�o _ [Affix Notary Seal or Stamp] ;,aOT,gq� N �UBLIG U• (N.P. SEAL) OK09816 HO027 'EXHIBIT A [Attached Articles of Incorporation of Association] [See pages that follow] NORTH CAROLINAB098 16 P60028 Department of the Secretary of State To all whom these presents shall come, Greetings: I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF GEORGETOWN ESTATES OWNERS ASSOCIATION, INC the original of which was .filed in this office on the 16th day of September, 2015. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 21st day of September, 2015. 4�� j 7*'W� Scan to verify online. Certification# C201525900379-1 Reference# C201525900379-1 Page: 1 of 4 Verify this ccrtificatc online at www.secretary.state.nc.us/verification Secretary of State SOSID: 1470808 8K 0 9 8 1 6' PG 0 0 2 9 Date Filed: 9/16/201512:10:00 PM Elaine F. Marshall State of North Carolina North Carolina Secretary of State Department of the Secretary of State I C2015 259 00379 ARTICLES OF INCORPORATION NONPROFIT CORPORATION Pursuant to §55A-2-02 of the General Statutes of North Carolina, the undersigned corporation does hereby submit these Articles of Incorporation for the purpose of forming a nonprofit corporation. . I. The name of the corporation is: Georgetown Estates -Owners Association, Inc. i. 2. (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS §55A-1-40(4). 3. The street address and county of the initial registered office of the corporation is: Number and Street: 238 N. McPherson Church Road City, State, Zip Code: Fayetteville, NC 28303 County; Cumberland 4. The mailing address if difj'eren1 from the street address of the initial registered office is: [Same as street addressl 5. The name of the initial registered agent is: Butch Dunlap 6. The name and address of each incorporator is as follows: T. Hnlrlen Reaves, Fsq, P 0 Rnx 511 R7, FaTettrviljP� %T( �R i(L� {C'limherland Cmin 1, 1nrnrpnratnr 7, (Che k either a or b below.) a. The corporation will have members. b.—The corporation will not have members, 8. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution. — See attached. ! 9. Any other provisions which the corporation elects to include are attached. — N/A 10. The street address and county of the principal office of the corporation is: Number and Street: 238 N. McPherson Church Road City, State, Zip Code: Fayetteville, NC 28303 County: Cumberland 11. The mailing address if different from the street address of the principal office is: ]Same as street address] I Revised January 2000 Form N-01 CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 Certification#C201525900379-1 Reference# C201525900379- Page: 2 of4 E- 09816 P60030 12. These articles will be effective upon filing, unless a later time and/or date is specified; To be effective upon filing. This is the 15th day of September. 2015. Revised January 2000 Form N-01 CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 Certification# C201525900379-1 ReferenceU C20152.5900379- Page, 3 04 BKo98 1-6 PGpo3 i.... Attachment to Articles of Incorporation of Georgetown Estates Owners Association, Inc. Provision for Dissolution Upon dissolution of the corporation, other than incident to a merger or consolidation, after all liabilities and obligations of the corporation have been paid, or adequate provision made therefore, then (a) assets held upon special condition shall be disposed of in accordance therewith; and (b) other assets shall be distributed in accordance with the corporation's plan of distribution pursuant to Section 55A-14-03 of the North Carolina General Statutes. IN WITNESS WHEREOF, the Inc rporatkascuted this Provisio or Dissolution this the 15th day of September, 2015. lden Reaorp ator NOTES: 1. Filing fee is $60. This document must be filed with the Secretary of State. Revised January 2000 Form N-01 CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622 Certification# C201525900379-1 Referenceg C201525900379- Page: 4 of 4 H098 16 H0032 EXI MIT B BYLAWS OF GEORGETOWN ESTATES OWNERS ASSOCIATION, INC. ARTICLE I. BUSINESS ADDRESS The initial business address of Georgetown Estates Owners Association, Inc. (the "Association") shall be 238 N. McPherson Church Road, Fayetteville, North Carolina 28303. The business address may be changed by the Board of Directors in its discretion. ARTICLE II. MEMBERSHIP IN THE ASSOCIATION Every person or entity who is a record owner of a fee or undivided fee interest in any of the Lots in Georgetown Estates subdivision (the "Subdivision"), located in or near the Town of Hope Mills, Cumberland County, North Carolina, shall be a member of the Association. Ownership of such interest shall be the sole qualification for membership, and membership shall be appurtenant to and may not be separated from such ownership. ARTICLE 111. PURPOSES OF THE ASSOCIATION The purposes and duties of the Association shall be: A. To manage the Subdivision pursuant to the terms and provisions of that certain recorded Declaration of Restrictive Covenants and Easements for Georgetown Estates (to which these bylaws are attached) (the "Declaration"); these bylaws (the `Bylaws"); any rules and regulations promulgated by the Association or its Board of Directors (the "Rules and Regulations"); and otherwise in general accordance with the North Carolina Planned Community Act as codified in Chapter 47F of the North Carolina General Statutes; B. To enforce the provisions of these Bylaws, the Declaration, and any Rules and Regulations promulgated by the Association or its Board of Directors; C. To promote and protect the enjoyment and beneficial use and ownership of all of the Lots within the Subdivision (the "Lots"). No part of the net earnings of the Association shall inure to the benefit of its members, the DO98 16 HO033 members of its Board of Directors or its officers, or to any other person, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the above stated purposes. ARTICLE IV. ASSESSMENTS The Association shall make and collect assessments against the Lots as stated in the Declaration and as authorized by Chapter 47F of the North Carolina General Statutes. ARTICLE V. MEETINGS OF MEMBERS Section 1. Place of Meetings. All meetings of members shall be held at such place in or near the Town of Hope Mills (or City of Fayetteville), Cumberland County, North Carolina, as shall be designated on the notice of the meeting or agreed upon by a majority of the members entitled to vote thereat. Section 2. Annual Meetings. The annual meeting of the members shall be held during the same month each year as determined by the Board of Directors, for the following purposes: 1. to ratify or reject the summary of the proposed budget submitted by the Board of Directors pursuant to Article VI below; 2. to elect the Board of Directors of the Association (subject to the provisions of the Declaration) for the coming fiscal year; and 3. to transact any other business that may come before the membership, including but not limited to the adoption, modification and/or repeal of any Rules and Regulations governing the Subdivision. Section 3. Substitute Annual Meeting. If the annual meeting shall not be held on the day designated by these Bylaws, a substitute annual meeting may be called in accordance with the provisions of Section 4 of this Article V. A meeting so called shall be designated and treated for all purposes as the annual meeting. Section 4. Special Meetings. Special meetings of the members may be called at any time by the President or the Board of Directors of the Association, or upon the written request of not less than ten percent (10%) of the members. BK09816 PC0034 Section 5. Notice of Meetings. Written notice of the meeting shall be delivered not less than ten (10) nor more than sixty (60) days (unless otherwise provided in the Declaration) before the date of any members' meeting, either personally, by mail, or by electronic mail over the internet, by or at the direction of the President, the Secretary, or other person calling the meeting, to each member of record. The notice shall state the time and place of the meeting and shall also state the items on the agenda, including the general nature of any proposed amendment to the Declaration or these Bylaws, any budget changes and any proposal to remove an officer/director. If mailed, such shall be deemed to be delivered when deposited in the United States Mail, addressed to the member at his/her address as it appears on the record of members of the Association, with postage thereon prepaid. If sent by electronic mail over the internet, such shall be deemed to be delivered when sent by electronic email to an electronic mailing address designated in writing by the Lot owner. It shall be the responsibility of the individual members to keep the Secretary informed of their current addresses. In the absence of instructions from an individual member as to his/her address, the Secretary shall be entitled to rely on the most recent records of the Cumberland County Tax Collector to determine the addresses of the owner(s) of a Lot. The notice of meeting must state the time and place of the meeting and all items on the agenda for the meeting. When a meeting is adjourned for thirty (30) days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. When a meeting is adjourned for less than thirty (30) days in any one adjournment, it is not necessary to give any notice of the adjourned meeting other than by announcement at the meeting at which the adjournment is taken. Section 6. Voting Rights. On matters of the Association's business submitted to vote of the membership, there shall be one (1) vote per Lot, regardless of the number of owners of a Lot. At any annual meeting, substitute annual meeting, or special meeting of members, twenty percent (20%) of the Lots (represented either in person or by proxy) shall constitute a quorum for the purposes of submitting any matter to a vote. Except as otherwise provided by the Declaration, Chapter 47F of the North Carolina General Statutes, or these Bylaws, all matters submitted to a vote at any meeting held in accordance with these Bylaws shall be decided by a simple majority of the total votes cast. In the event that business cannot be conducted at any meeting because a quorum is not present, the provisions of Chapter 47F-3-109 (or other pertinent provision of the Planned Community Act) shall control with respect to imposing a lesser quorum requirement for the rescheduled meeting after adjournment of the original meeting due to lack of a quorum. Section 7. Voting by Proxy. Votes may be cast either in person or by one (1) or more agents authorized by a dated, written proxy executed by the member or his/her attorney -in -fact. A proxy terminates one (1) year after its date, unless it specifies a shorter term. Any form of proxy which is sufficient in law may be used, but the form as shown on Exhibit A-1 attached hereto shall be deemed sufficient. BK098 16 PG0035 Section 8. Voting List. At least ten (10) days before each meeting of members, the Secretary of the Association shall prepare an•alphabetical list of the members entitled to vote at such meeting or any adjournment thereof, with the address of each, which list shall be kept on file with the book of records of the Association. This list shall be produced and kept open at the time and place of the meeting and shall be subject to inspection by any members during the whole time of the meeting. Section 9. Waiver of Notice. Any member may waive notice of any meeting. The attendance by a member at a meeting shall constitute a waiver of notice of such meeting, except where a member attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. ARTICLE VI. BOARD OF DIRECTORS Section 1. Purpose, Number and Term of Office. The business and affairs of the Association shall be managed by a Board of Directors of at least three (3) individuals, who shall be entitled to act on behalf of the Association. The Board of Directors shall be appointed by CRA Home Builders, Inc. (the "Declarant") until such time as the Period of Declarant Control (as defined in the Declaration) expires or terminates (and it is noted that during the Period of Declarant Control only, the total number of the Board of Directors may be less than three (3), to be determined in the Declarant's discretion). At the first meeting of the membership of the Association following the termination of the Period of Declarant Control, the members of the Board of Directors shall be elected by the membership of the Association and those persons who receive the highest number of votes at a meeting at which a quorum is present shall be elected. Each member of the Board of Directors shall hold office until his/her death, disability, resignation or removal, or until the expiration of his/her term and the election of his/her successor. All Directors elected by the membership of the Association must be Lot owners. Notwithstanding anything to the contrary herein, during the Period of Declarant Control, the Association may be managed by a Board of Directors of less than three (3) individuals. Section 2. Powers and Duties. The Board of Directors shall have the power and the duty to act on behalf of the Association in all instances, except that the Board may not amend the Declaration, terminate the Subdivision, elect members of the Board (except to fill any vacancy in its membership for the unexpired portion of a term) or determine the qualifications, powers, duties or terms of office of members of the Board. In addition the Board of Directors shall have the following specific powers, duties and responsibilities: A. The Board will keep a complete record of all of its acts and all affairs of the Association and make the same reasonably available for examination by any member, his/her agents or mortgagees. B. The Board will adopt a proposed budget for the Association to be GK09816 PG0036 approved or rejected by the membership of the Association at its annual meeting. The proposed budget shall be adopted at a meeting of the Board to be held prior to the annual meeting of the membership of the Association. A summary of the proposed budget, including the amount of any proposed assessments against the Lots shall be mailed to the membership not more than fourteen (14) nor less than thirty (30) days after the adoption of the proposed budget. The proposed budget shall be deemed ratified by the Lot owners unless at the annual meeting more than fifty percent (50%) of the Lot owners vote to reject it. At the annual meeting, there shall be no requirement that a quorum be present for purposes of approving the budget. In the event the proposed budget is rejected, the periodic budget last ratified shall be continued until such time as the membership ratifies a budget subsequently proposed by the Board of Directors. C. The Board may fine any Lot in accordance with the provisions of the Declaration for any single violation of the Declaration, these Bylaws or any Rules and Regulations promulgated by the Board. In such event, the Board shall provide the Lot owner fined an opportunity to be heard before an adjudicatory panel to be appointed by the Board pursuant to Article X below. Multiple fines may be assessed against any Lot owner for multiple violations. Any such fines shall be deemed assessments against the Lot of such owner, and shall be collectable as provided in the Declaration. D. The Board may contract a management agent to perform and execute such duties, functions and responsibilities of the Board as the Board may deem appropriate; however, no such contract shall relieve the Board from its fiduciary duty to the Association. Notwithstanding any other provision herein, the Board of Directors is authorized, on behalf of the Association, to submit any dispute with or claim against the owner(s) of any Lot(s) to voluntary arbitration pursuant to any arbitration program then in effect in the General Court of Justice of Cumberland County, North Carolina. Section 3. Removal of Directors. Notwithstanding any provision in the Declaration or in these Bylaws to the contrary, the Lot owners, by a majority vote of all persons present and entitled to vote at any meeting of the Lot owners at which a quorum is present, may remove any member of the Board of Directors with or without cause, other than a member of the Board of Directors appointed by the Declarant. Section 4. Vacancies. In the event of the death, disability, resignation or removal of a director, his/her successor shall be selected and appointed by the remaining members of the Board of Directors to serve until the next meeting of the membership of the Association; or until a successor is appointed by the Declarant if such vacancy is the result of the death, disability, resignation or removal of an initial director or a director who was appointed by the Declarant. ARTICLE VII. MEETINGS OF THE BOARD OF DIRECTORS 8098 16 HO037 Section 1. Called Meetings. Meetings -of the Board of Directors may be called by or at the request of the President or any two (2) directors. Section 2. Notice of Meeting. The person or persons calling a meeting of the Board of Directors shall, at least ten (10) days before the meeting, give notice thereof by any usual means of communication. Such notice need not specify the purpose for which the meeting is called. Section 3. Waiver of Notice. Any member of the Board of Directors may waive notice of any meeting. The attendance by a member of the Board of Directors at a meeting shall constitute a waiver of notice of such meeting, except where a member of the Board of Directors attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Section 4, Quorum. Fifty percent (50%) of the number of the members of the Board of Directors fixed by these Bylaws shall constitute a quorum for the transaction of business at any meeting of the members of the Board of Directors. Section 5. Manner of Acting. Except as otherwise provided in these Bylaws, the . act of the majority of the members of the Board of Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. Section 6. Informal Action by Members of the Board of Directors. Action taken by a majority of the members of the Board of Directors without a meeting is nevertheless Board action if written consent to the action in question is signed by a majority of the members of the Board of Directors and filed in the book of records of the Association (and all members are notified), whether done before or after the action so taken. Section 7. Committees of the Board. The Board of Directors may establish either standing or ad hoc committees of the members to assist it in its work. Such committees shall be chaired by a member of the Board of Directors. ARTICLE VIII OFFICERS Section 1. Designation. The officers of the Association shall consist of a President, a Vice President, a Secretary, and a Treasurer, and such other officers as the membership may from time to time elect. The offices of Secretary and Treasurer may be held by the same person; otherwise, no other two (2) offices may be held by the same person. Section 2. Election and Term. The initial officers of the Association shall be elected by the initial members of the Board of Directors of the Association. H09816 P00038 Subsequently, the officers of the Association shall be appointed by the Board of Directors. Members of the Board shall be eligible for appointment to serve as officers of the Association. The officers shall be appointed to one-year terms, and each officer shall hold office until his/her death, disability, resignation or removal, or until the expiration of his/her term and the appointment of his/her successor. Section 3. President. The President shall be the principal executive officer of the Association and, subject to the control of the Board of Directors, shall in general supervise and control all of the business and affairs of the Association. He/she shall, when present, preside at all meetings of the members. He/she shall sign, with the Secretary, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these Bylaws to some other officer or agent of the Association, or shall be required by law to be otherwise signed or executed; and in general he/she shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. The President shall execute any amendments to the Declaration approved by the membership of the Association. Section 4. Vice President. In the absence of the President or in the event of his/her death, inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon the President, and shall perform such other duties as from time to time may be assigned to him/her by the President or the Board of Directors. Section S. Secretary. The Secretary shall: (a) keep minutes of the meetings of members, of the Board of Directors and of all Executive Committees in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the corporate records and of the seal of the Association (if a stamp seal exists), and see that the seal of the Association is affixed to all documents, the execution of which on behalf of the Association under its seal is duly authorized and mandated; (d) be authorized to certify and oversee the recordation of amendments to the Declaration on behalf of the Association; (e) keep a register of the post office address and/or electronic mail addresses of each member which shall be furnished to the Secretary by such member; and (f) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors. Section 6. Treasurer. If the Association is self -managed and chooses not to delegate the handling of Association monies to a professional management company, then there shall be elected a Treasurer of the Association. The Treasurer shall be bonded by a reputable insurance or surety company (if the Board of Directors so decides) and shall: (a) have charge and custody of and be responsible for all funds and securities of the Association; (b) receive and give receipts for moneys due and payable to the Association 6K09816 PB0039 from any source whatsoever, and deposit all such moneys in the name of the Association in such depositories as shall be selected in accordance with the provisions of Section 4 of Article IX of these Bylaws; (c) prepare, execute and deliver certificates of Assessments as may be required by the Declaration or by Chapter 47F of the North Carolina General Statutes; and (d) in general perform all of the duties incident to the office of treasurer and such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors. ARTICLE IX. CONTRACTS, LOANS, CHECKS, AND DEPOSITS Section 1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on the behalf of the Association, and such authority may be general or confined to specific instances. Section 2. Loans. No loans shall be contracted on behalf of the Association and no evidence of indebtedness shall be issued in its name unless authorized by the Board of Directors. Such authority may be general or confined to specific instances. Section 3. Checks and Drafts. All checks, drafts or other orders for the payment of money, issued in the name of the Association, shall be signed by the President or the Treasurer of the Association; however, it is understood that the Board of Directors may delegate such signing authority to a property management company that has been contractually retained by the Association. Any such property management company shall be bonded by a reputable insurance or surety company. Section 4. Deposits. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in such depositories as the Board of Directors may select. ARTICLE X AD.IUDICATORY PANEL Section 1. Appointment of Adjudicatory Panel. The Board of Directors shall, not less than annually, appoint an Adjudicatory Panel of not less than three (3) individuals, all of whom shall be residents of the Subdivision; however, during the Development Period, the Declarant may appoint non-resident individuals to said Adjudicatory Panel. Members of the Board shall be eligible to serve as members of the Adjudicatory Panel. Members of the Adjudicatory Panel shall be appointed to one-year terms, and each member shall sit until his/her death, disability, resignation or removal, or until the expiration of his/her term and the appointment of his/her successor. Section 2, Hearings. In the event that a fine is assessed against a Lot owner by the Board of Directors pursuant to Subsection 2(C) Article VI above, the Adjudicatory 009816 PG0040 Panel shall provide to the Lot owner so fined notice of the violation and an opportunity to be heard regarding the alleged violation and the assessed fine. If within ten (10) days of receipt of the notice the Lot owner requests in writing a hearing, the Adjudicatory Panel shall hear the matter within twenty (20) days of the date of the written request. A majority of the members of the Adjudicatory Panel shall constitute a quorum for the purpose of conducting a hearing. Following such a hearing, the Adjudicatory Panel shall confirm, deny or modify the fine imposed by the Board and shall notify the Lot owner of its decision. The decision of the Adjudicatory Panel with regard to the fine shall be final. ARTICLE XI. INDEMNIFICATION Any person who at any time serves or has served as an officer, member of the Board of Directors and/or member of the Adjudicatory Panel of the Association will be indemnified by the Association to the fullest extent permitted by law against (a) reasonable expenses, including attorneys' fees, incurred by him/her in connection with any threatened, pending, or completed civil, criminal, administrative, investigative, or arbitrative action, suit, or proceeding (and any appeal therein), whether or not brought by or on behalf of the Association, seeking to hold him/her liable by reason of the fact that he/she is or was acting in such capacity, and (b) reasonable payments made by him/her in satisfaction of any judgment, money decree, fine, penalty or settlement for which he/she may have become liable in any such action, suit or proceeding. Upon request for payment, the President of the Association shall promptly call a special meeting of the Board of Directors to obtain approval to pay the indemnification required by this bylaw. Such approval may be general or confined to specific instances, and shall not be unreasonably withheld. Upon approval by the Board of Directors, the President shall promptly cause the indemnification to be paid to the requesting party. Any person who at any time after the adoption of this bylaw serves or has served as an officer, member of the Board of Directors and/or member of the Adjudicatory Panel of the Association shall be deemed to be doing or to have done so in reliance upon, and as consideration for, the right of indemnification provided herein. Such right shall inure to the benefit of the legal representatives of any such person and shall not be exclusive of any other rights to which such person may be entitled apart from the provision of this bylaw. ARTICLE XII SECTION 528 STATUS The Association shall elect and shall be managed in such fashion as to maintain tax-exempt status under Section 528 of the Internal Revenue Code of 1986. The Association shall not carry on any activities prohibited by an Association electing tax- exempt status under Section 528, or any corresponding sections or provisions of any future United States Internal Revenue law. BK096 16 PG004 ] ARTICLE XIII AVAILABILITY OF DOCUMENTS The Association shall keep records of (i) its governing documents; (ii) its actions (board resolutions, minutes of meetings and similar matters); and (iii) its financial condition (receipts and expenditures affecting its finances, operation and administration; budget; financial statements and similar items). Notwithstanding the foregoing, the Association is not required to maintain records in excess of three (3) years, unless otherwise required under applicable law. The Association documents and all books and records kept on behalf of the Association shall be available for examination and copying by a member or such member's authorized agent during normal business hours and upon reasonable notice to the Association and for a reasonable charge, except for privileged or confidential information. ARTICLE XIV GENERAL PROVISIONS Section 1. Seal. The corporate seal of the Association shall consist of two concentric circles between which is the name of the Association and in the center of which is inscribed SEAL; and such seal, as impressed or drawn on the margin hereof, is hereby adopted as the corporate seal of the Association. Section 2. Fiscal Year. The fiscal year of the Association shall be January 1 through December 31, unless otherwise determined by the Board of Directors. Section 3. Amendments. Following the expiration of the Development Period (as defined in the DecIaration), the members of the Association may amend these Bylaws by the vote of at least sixty-seven percent (67%) of all existing Lot owners at any meeting of the membership of the Association, in which a quorum is present, properly held and conducted pursuant to Article V above. Section 4. Conflicts. In the event of any conflict between the terms and provisions of these Bylaws and the terms and provisions of the Declaration, the terms and provisions of the Declaration shall control. Section 5. References to Statutes. All references herein to any provision of the North Carolina general statutes, or any other applicable laws, shall be construed to include and apply to any subsequent amendments thereto or codified replacements/ substitutions thereof. [The Remainder of This Page Intentionally Left Blank] BKO9816 P60042 IN TESTIMONY WHEREOF, the foregoing were adopted as the Bylaws of Georgetown Estates Owners Association, Inc. as of the date set forth below. DECLARANT: CRA HOME BUILDERS, INC. By: . Its: Foes-, do►ti� Date: N a✓ evK. h e r 11, Z- S [Executed by Declarant during Period of Declarant Control] 0K098 16 P00043 EXHIBIT A-1 Attached to Bylaws (Form of Proxy) The undersigned hereby irrevocably constitute and appoint their attorney -in -fact and proxy for the sole purpose of casting the vote allocated to Lot , on all matters submitted to vote at that meeting of ***, to be held on , 20 The undersigned hereby ratify and confirm all such votes cast on behalf of said Lot at that meeting, and certify that they are fully authorized to execute this instrument of proxy on behalf of all owners of any fee interest in said Lot. This the day of Member (Lot owner) or His/ Her Attorney -in -Fact_ ON09816 P60044 EXHIBIT C [Attach Maintenance Agreement] BK098I6 PG0045 Permit Number: _-m)W (P 14U D03 (to be provided by DWQ) Drainage Area Number: Dry Extended Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP, This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The dry extended detention basin system is defined as the dry detention basin, outlet structure, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does Z does not incorporate pretreatment other than a forebay. Important maintenance procedures: — The drainage area will be managed to reduce the sediment load to the dry extended detention basin. — Immediately after the dry extended detention basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the dry extended detention pond will be fertilized after the first initial fertilization that is required to establish the vegetation. — I will maintain the vegetation in and around the basin at a height of approximately six inches. — Once a year, a dam safety expert will inspect the embankment. After the dry extended detention basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential roblem: How I will remediate the roblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the dry Areas of bare soil and/or Regrade the soil if necessary to extended detention erosive gullies have formed. remove the gully, and then plant a basin ground cover and water until it is established. Provide lime and a one-time fertilizer application. Form SW40I-Dry Detention O&M-Rev.3 Page 1 of 4 HO9816 P00046 BMP element: Potentialproblem: How l will remediate theproblem: The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the Swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the Swale if necessary to Swale (if applicable), smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth possible. Remove the sediment and (see diagram below). dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth possible. Remove the sediment and (see diagram below). dispose of it in a location where it will not cause impacts to streams or the BMP. Revegetate disturbed areas immediately with sod (preferred) or seed protected with securely staked erosion mat. Water is standing more than 5 days after a storm event. Check outlet structure for clogging. If it is a design issue, consult an i appropriate rofessional. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. spray). Form SW401-Dry Detention O&M-Rev.3 Page 2 of 4 HO9816 P60 04 7 BMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately - Grass cover is unhealthy or Restore the health of the grass cover eroding. - consult a professional if necessary. Signs of seepage on the Consult a professional. downstream face. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present, consult a professional to remove beavers. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs re air. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. 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 basin depth reads <1.4' feet in the main pond, the sediment shall be removed. When the basin depth reads <1.4' feet in the forebay, the sediment shall be removed. Sediment Removal BASIN DIAGRAM (fill in the blanks) 159 Te porar ---- ----------- --- olu it l58 25% me Sediment Storage FOREBAY Temporary Pool Elevation 160.4 Pool Ternporai Sediment Removal Elevation 159 Volume -------------------------------- ------ Bottom Elevation 158 j 25% MAIN POND Fonn SW401-Dry Detention O&M-Rev.3 Page 3 of 4 809816 pG0o48 Permit Number: ew (D 140 50 -J (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the 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, Project name:The Estates at Georgetown - Phase I BMP drainage area number:BMP-I Print name:Carolyn R. Armstrong Title:Member / Manager CBMM Properties LLC Address:238 N. McPherson Church Road Fayetteville NC 28303 9 Si C 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, S u. S &y A, I- L. a n o s , a Notary Public for the State of o V+k C r{ vo j ; vt c,. , County of C u N..la e .. I cL K d , do hereby certify that C cc r 0 1 s.1u (z - +r ms I—rc, .t q personally appeared before me this _ day of , and acknowledge the due execution of the forgoing dry detention basin maintenance requirements. Witness my hand and official seal, J5PN M. 140T,l,,y to A�gLIG AND COU� SEAL My commission expires tc _c�4 f 1 y 2-t t $ Form SW401-Dry Detention O&M-Rev.3 Page 4 of 4 HO9816 PSO049 ftp14060 -a Permit Number: (to be provided by DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential roblem: How 1 will remediate the problem. - The entire BMP Trash/debris is present. Remove the trash/debris, The perimeter of the wet detention basin Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too long. Maintain vegetation at a height of approximately six inches. Form SW401-Wet Detention Basin O&M-Rev,4 Page 1 of 4 BKO9816 POOO5O BMP element: The inlet device: swale The forebay Potentialproblem: pipe or I The pipe is clogged vegetated shelf The main treatment area The pipe is cracked or otherwise damaged, Erosion is occurring in the Swale. Permi#Number: SW64o5o3 (to be provided by DWQ) Drainage Area Number: Sediment has accumulated to a depth greater than the original design depth for sediment storage. Erosion has occurred. Weeds are present, Best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or dying. Weeds are present. Sediment has accumulated to a depth greater than the original design sediment storage depth. AIgal growth covers over 50% of the area, Cattails, phragmites or other invasive plants cover 50% of the basin surface. Howl -will remediate the problem: Unclog the pipe. Dispose of the sediment off -site. Replace the pipe. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Provide additional erosion protection such as reinforced turf matting or riprap it needed to prevent future erosion problems. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than sprayhlg. Prune according to best professional practices Determine the source of the problem: soils, hydrology, disease, etc, Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Consult a professional to remove and control the algal growth. Remove the plants by wiping them with pesticide (do not spray). Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 8K09815 PGG051 Permit Number: (3 & 906© (to be provided by DWQ) Drainage Area Number; BMP element: Potential probiem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately, on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair, if applicable The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or • outlet. the 401 Oversight Unit at 919-733- _....._... _ 1- 1786. 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 <3'_ feet in the main pond, the sediment shall be removed. When the permanent pool depth reads <3' feet in the forebay, the sediment shall be removed. Sediment Removal Bottom 45----------------- 1 FOREBAY BASIN DIAGRAM (Jill in the blanks) f ft Min. Sediment Storage Permanent Pool Elevation 148 Pool Sediment Removal Elevation 145 Volume ---- ----------------------------------- ----- Bottom Elevation MAIN POND Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 1-ft Storage @K09816 P60052 Sw(.).40500 Permit Number:_ (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the 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. Project name:The Estates at Georgetown - Phase I BMP drainage area number:BMP-2 Print narne:Carol n R. Armstrong Title:Member / Manager - CBMM Properties, LLC Address:238 N. McPherson Church Road Fayetteville NC 28303 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, uSce VL L L ci, kLa 5, a Notary Public for the State of No r'n. Cco-t itv,,c— , County of Cc, r,..6 e r 4,4 T, do hereby certify that C q, a l u��a r ms tro K personally appeared before me this I day of n , 2.o iL , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, SEAL C0 My commission expires Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 8098 i 6 P60053 Permit Number: S W 6140 50 3 (to be provided by DT3WQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remedxate the roblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long, annroximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of 4 OX09816 P60054 BMP element: The inlet device: pipe or $wale The forebay The vegetated shelf The main treatment area Potential problem: The pipe is clogged. The pipe is cracked or otherwise damaged. Erosion is occurring in the Swale. Permit Number: 5 YV 6140,603 (to be provided by DWQ) Drainage Area Number: Sediment has accumulated to a depth greater than the `original design depth for I sediment storage, Erosion has occurred Weeds are present Best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or dying. Weeds are present. Sediment has accumulated to a depth greater than the original design sediment storage depth. Algal growth covers over 50% of the area. Cattails, phragmites or other invasive plants cover 50% of the basin surface. I will remediate the Unclog the pipe. Dispose of the sediment off -site. Replace the pipe. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a Iocation where it will not cause impacts to streams or the BMP. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Prune according to best professional practices Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Consult a professional to remove and control the algal growth. Remove the plants by wiping them with pesticide (do not spray). Pone SW401-Wet Detention Basin O&M-RevA Page 2 of 4 BK098 16 p60055 Permit Number: 6 fit/ & 4)6 0a (to be provided by DWQ) Drainage Area Number: BMP element: Potential problerm How I will remediate the problem - The embankment Shrubs have started to grow Remove shrubs immediately, on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs, appropriate professional shows that the embankment needs repair, if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. _ The receiving water Erosion or other signs of Contact the Iocal NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786, 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 <3` feet in the main pond, the sediment shall be removed. When the permanent pool depth reads <Y_ feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Sediment RemovalV15tio Pe maneh\ --------- VolumeBottom Eleva -ft Min. Sediment Storage FOREBA'Y Form SW401-Wet Detention Basin O&M-Rev.4 Permanent Pool Elevation 159 Pool Sediment Removal Elevation 156 Volume ----------------------------------------- - - Bottom Elevation 155 E-ft Iv MAIN POND Page 3 of 4 Storage OX09816 P60056 Permit Number: 5 CO 14Q e;U 3 (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the 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. Project name:The Estates at Georgetown - Phase I BJVP drainage area number:BMP-3 Print name:Carolyn R. Armstrong Title: Member / Manager - CBMM Properties, LLC Address:238 N. McPherson Church Road, Fayetteville, NC 28303 Phone Signat Date: IL "J , 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, `? 4sq. y, . j}-t. _ i_ l_ ca v� tDS , a Notary Public for the State of /VotA County of Ctsw,6e r la AA , do hereby certify that y _ r rris'rrJ n personally appeared before me this day of '1l'ic �✓ -2-u / y, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, �JSpaN M. EC9� O� N0T,4q cs aU6L{G SEAL My commission expires A-_-4eS f" 2/ � U/ 6— Form SW40t-Wet Detention Basin O&M-Rev.4 Page 4 of 4