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HomeMy WebLinkAboutSW6140902_HISTORICAL FILE_20210513STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 57 YYYYM M D D ' \��� 0 0 May 13, 2021 NCDEQ Land Quality Section Attn: Mike Lawyer 225 Green Street, Suite 714 Fayetteville, NC 28301 RE: Storm Pond Transfer Application Package, Blackbridge Village, Hope Mills, North Carolina Mike; We are submitting the storm water permit transfer application package for Blackbridge Village. A pdf of the package has been emailed to you. The $505 application fee is also enclosed. I look forward to working with you on this project. If you have any questions or comments, please contact me at your earliest convenience. Sincerely, 4D Site Solutions Inc. Scott Brown, PE sbrown@4dsitesolutions.com Enclosure ? .Q : a,,. K6-e,, W I CA v'w45 1A^ 7(o RECEIVE® PRAY 13 2021 )EO-FAYETTE'JILLE REGIONAL OFFICE 409 Chicago Drive. Suite 112, Fayetteville, NC 20306 office 1 910-426-6777 fax 1910-426-5777 On time, every time. I www.4Dsitesolutions.com ULMLK USL ONLY Date Received Fee Paid Permit Number NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at., http://deg nc govlcontactlregional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report, 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G. S. 143-214. 7(c2l (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president, • Limited Liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner; • Sole proprietor,' • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: S6140902 2. Project name: Blackbridge Villaqe Subdivision is this an updated project name from the current permit? ❑ Yes ®No 3. Reason for the permit transfer request: . Property is being transferred from the original developer to the HOA RECENED MAY 13 2021 DEMLR Fayetteville Regional Office Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ® 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G). In accordance with G. S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G. S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark "Y" to confirm the items are included with this form. Please mark "Y' d previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G S 143-215.3D(e)M. Y_ 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. X 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. _ 8. If transferring under G. S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. _ 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 10. A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. 12. A copy of the development agreement if the proposed permittee is the developer. Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: Caviness Land Development Inc 2. Signing Official's Name: Watson Caviness 3. Signing Official's Title: President 4. Mailing Address: 639 Executive Place Suite 400 City: Fayetteville State: NC ZIP : 28305 5. Street Address: 639 Executive Place Suite 400 City: Fayetteville State: NC ZIP: 28305 6. Phone: (910) 481-0503 Email: watsonacavinessandcates.com I, Watson Caviness , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required), ® a copy of the most recent inspection report, I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit. Signature: Date: �L/2z�L0 a Notary Public for the State of County of do hereby certify that personally appeared before me this the ��� day of ' �cc e�c c�oe�*. 20 i.0 , and acknowledge the due Inv Y MY COMMISSION EXPIRES My Witness my hand and official seal, Stormwater Permit Transfer Application Form Page 4 of 7 ApO 27, 2019 E. PROPOSED PERMITTEE INFORMATION The proposed permittee is the: ® Property owner (Also complete Part F.) ® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: ® HOA /POA /LOAname: 13CAcK6rrclA-.0 uIU..4, r ®o ^+ ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. Dy��� a. Signing Official's Name: _ HO,4-L r�aDAW&O b. Signing Official's Title: O,ll.ta Ow.�rt .0WbQ.t'r.a.L. c. Mailing Address: %°� ►tii Sou" ftrp Ac* A"+&e---1-, Z37 1?4++c. e,& Dr. F S%r:• IG City: 6%Y-V7T•wrLLC� State: LJ{,ZIP: L&343 d. Street Address: 2St"7 �i4ub�7Nret Dnvti dot• 1G City: -Ly7`c' '-Ge� State: NG ZIP: Z&J�j e. Phone: C9/9 tti:�-- .3,7a7 Email flU' g) kor, , co-, 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: 40A b. Contact Name: 77R4DFo,CD Bim.J Title: m*WA*4' c. Mailing Address: 2rsi RA0e-*J/lt4L- Dr- S*r 1G d. City: FA-V t e-t-e, State: /N C ZIP: �'SQ3 e. Phone: ( 5� V13- 3767 K Email: / ✓ %fO ® +°�i-�t �r�"�] pa— `'a`-- Storrnwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I^I3r.�Ky ,�c 1t< e. c We aJ hereby notify the DEMLR that I have acquired through sale, lease, development agreement, r other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): ® the most recent permit; Sj the designer's certification for each SCM; any recorded deed restrictions, covenants, common areas, drainage easements or plats; the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; past maintenance records from the previous permittee (where required); a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will (construct), operate and maintain the approved stormwater management system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. Signature: Date: F�.b � Z"2, I, ,f- d V41AQ JAL A a Notary Public for the State of r` County of iL2jyVa+i do hereby certify t,% personally appeared before me this the acknowledge the due execution of the forgoing instrurtlent. Witness my tjait and official seal, . n NOr�4 c a 2_ •o, 0 •S a Notary Signature A114III, •4 ;' My commission expires —,Z_ and Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: Phone: (_) Email: -ZIP: 1, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner my hand and official seal, (Notary Seal) Notary Signature My commission Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 and acknowledge the due execution of the forgoing instrument. Witness Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 5/13/2021 North Carolina Secretary of Stale Search Results - Upload a PDF Filing - Order a Document Online - Add Entity to My Email Notification List • View Filings Non -Profit Corporation Legal Name Blackbridge Village Owners Association, Inc. Information Sosld: 1498616 Status: Current -Active O Date Formed: 2/17/2016 Citizenship: Domestic Annual Report Due Date: Registered Agent: Southeastern HOA Management, LLC Addresses Mailing 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 Reg Mailing 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 Officers RECEIVED MAY 13 2021 DEMLR Fayetteville Regional Office Principal Office 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 Reg Office 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 https://www.sosnc.gov/online_services/search/Business_Registration_Results 1/1 BK 10322 PG 0524 FILED ELECTRONICALLY CUMBERLAND COUNTY NC J. LEE WARREN, JR. RECEIVED MAY 13 2021 DEMLR Fayetteville Regional Office FILED Jun 13, 2018 AT 01:37:28 PM BOOK 10322 START PAGE 0524 END PAGE 0526 INSTRUMENT k 17663 RECORDING $51.00 EXCISE TAX $0.00 NORTH CAROLINA SPECIAL WARRANTY DEED THIS FORM IS NOT A "NORTH CAROLINA BAR ASSOCIATION' FORM NO TITLE EXAMINATION BY PRF.PARER Parcel Identifier Nos. Excise'1'ax: S0.00 Prepared try: Richard A. Gait, PLLC, 2533 Raeford Road, Fayetteville, NC 28305 Return after recording to: Richard A. Cast, PLLC, 2533 Raeford Road, Faycttevllle, NC 28305 Brief Description for the Index: 1b This Deed made this the L day of June, 2019 by and between: GRANTOR CAVINESS LAND DEVELOPMENT, INC. a North Carolina Corporation Melling Address: 639 Executive Place Fayetteville, NC 28305 GRANTEE BLACKDRIDGE VILLAGE OWNERS ASSOCIATION, INC., a North Carolina Non -Profit Corporation Mailing Address: 2401 Robeson Street Fayetlevillc, NC 28305 Enter in appropriate block for each party: name, address, and if appropriate, character of entity, e.g., corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, mosculine, feminine or neuter as required by context. WII.NESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey onto the Grantee in fee simple, all that certain lot or parcel of land situated in Cumberland County, North Carolina and more particularly described as follows: FOR LEGAL DESCRIPTION, SEE EXHIBIT "A" ATFACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. This conveyance Is subject to the provisions of that certain Deelaralion of Covenants, Conditions And Restrictions for Blackbridge Village recorded in Book 9856, Page 520, Cumberland County, North Carolina Registry, as the same may have been amended or supplemented. The property hereinabove described was acquired by Grantor by instrument recorded in Book 9446, Page 304 A map showing the above -described property is recorded in Plat Book 137, Page 126 and Plat Book 141, Page 16, All or a portion of the property herein conveyed does not include the primary residence of a Grantor. Submitted electronically by "Richard A Galt PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Cumberland county Register of Deeds. BK 10322 PG 0525 TO HAVE AND TO I FOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that the Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hercinabove described is subject to the following exceptions: All valid and enforceable easements, restrictions, rights -of -way, conditions and matters of record; the lien of ad valorem tax for the current year which Grantee shall pay; matters which would be revealed by a current and accurate survey and inspection of the premises; and all other matters of record. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and scat, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Hoard of Directors, effective the day and year first above written. CAVINFSS LAND DEVELOPMENT, INC. BYSJ L7. Name:me/LL rT G� rt 'Title: CEO CORPORATE SEAL North Carolina Cumberland County I certify that the following persons) personally appeared before me this day, each acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: w Dated: June \J,, 2018 Notary Public PrintedName: Notary Public My commission expires: MV OOMMMW 1?!11/20P1 �"OUBLIC ,� BK 10322 PG 0526 EXHIBIT "A" LEGAL DESCRIPTION Tract One BEING all of "LOW OAK COURT, 50' R/W "BENCHMARK WAY, 50' RIW", CHERRY BEND LANE, 50' RIW" and "NARROW PINE COURT, 50' R/W", each as shown on the plat entitled "BLACKBRIDGE VILLAGE SUBDIVISION PHASE, ONE" recorded in Plat Book 137, Page 126, Cumberland County, North Carolina Registry, which plat is incorporated herein by reference and made a part hereof for greater certaintyof description and location of said premises. Tract 7rro: BEING all of "LOW OAK COURT, 50' RAV", "LONG LAKE DRIVE, 50' R/W" and "NARROW PINE COURT, 50' R/W", each as shown on the plat entitled "BLACKBRIDGE VILLAGE SUBDIVISION PHASE TWO" recorded in Plat Book 141, Page 16, Cumberland County, North Carolina Registry, which plat is incorporated herein by reference and made a part hereof for greater certainty of description and location of said premises. 'tract Three: BEING all of Lot CA, containing 0.21 acres, as shown on the plat entitled "BLACKBRIDGE VILLAGE SUBDIVISION PHASE ONE" recorded in Plat Book 137, Page 126, Cumberland County, North Carolina Registry, which plat is incorporated herein by reference and made a part hereof for greater certainty of description and location of said premises. Tract Four: BEING all of Lot PI, containing 2.05 acres, as shown on the plat entitled "BLACKBRIDGE VILLAGE SUBDIVISION PHASE ONE" recorded in Plat Book 137, Page 126, Cumberland County, North Carolina Registry, which plat Is Incorporated herein by reference and made a part hereof for greater certainty of description and location of said premises. 8KO9856 p60520 RECEIVED MAY 19 2021 FILED CUMBERLAND COUNTY NC J. LEE WARREN, JR. REGISTER OF DEEDS FILED May 09, 2016 AT 10:44:34 am BOOK START PAGE END PAGE INSTRUMENT# DEMLR RECORDING Fayetteville Regional Office EXCISE TAX a DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BLACKBRIDGE VILLAGE (A Residential Subdivision) Prepared by/return to: Rebecca F. Person Rebecca F. Person, PLLC 2401 Robeson Street Fayetteville, NC 28305 09856 0520 0543 13545 $62 00 (None) THIS DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS (this "Declaration") is made this the 22np( day of arc 2016. by CAVINESS LAND DEVELOPMENT, INC.. a North Carolina corporation, hercinaher referred to as "Declarant". WITNESSETH: Declarant is the owner of certain property in the Rockfish Township, Cumberland County, North Carolina shown on plats entitled: "BLACKBRIDGE VILLAGE SUBDIVISION" recorded in Plat Book I3 7 , Page(s) Imo, of the Cumberland County, NC, Registry (hereinafter "Blackbridge Village"). Blackbridge Village will be comprised of single fmmily residential homes. Declarant desires to provide for the preservation of the values and amenities and for the maintenance of the common area in Blackbridge Village and under if general plan or scheme of improvement desires to subject said property to the covenants, restrictions. easements, affirmative obligations. charges and liens hereinafter act forth. hereinafter rcicrred to as the "Covenants" or the "Declaration', all of which is hereby declared to be for the benefit of said property and each and every owner of any and all parts thereof. Declarant deems it desirable, for the 0111cient preservation of' tile values and amenities in said community, to create all agency to which can be delegated and assigned the power and authority of mnintaining and adinnisteriim file common properties, administering and enforcing these covena ins and restrictions and collecting and disbursing ill :issessntents and charges necessary for such maintenance, administration and enforcement. Blackbridge Village Owners Association, Inc. is incorporated under the Imes ofihc State of North Carolina as a non-profit corporation and can exercise the functions aforesaid, which functions are hereinafter more hdly set forth. NOW ,rl-IEREFORE, life Declarant declares that the real property depicted on the above -described plats shall be held, transferred, sold, conveyed. given, donatel, leased, occupied and used subject to the NO9856 PG0521 covenants, restrictions, conditions, easements, changes, assessments, affirmative obligations, and liens hereinafter set forth. This Declaration'and the affirmative and negative burdens of these covenants, shall touch and concern and run with the land herein referred to as the "Property." All rights and easements reserved by the Declarant hereunder shall also be reserved to the assignees and successors in interest of the Declarant. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Blackbridge Village Owners Association, Inc., a North Carolina non-profit corporation, its successors and assigns. Section 2. "Board" or "Board of Directors" shall mean those persons elected or appointed and acting collectively as the Board of Directors of the Association. Section 3. "Common Properties" or "Common Areas" shall mean and refer to: (a) "Infiltration basin" "Common Area," "Open Space" and drainage easements affecting or benefiting the Property as shown on the Plat; (b) any landscaping or hardscaping within the common areas, including any sign & landscape easements as shown on the Plat; (c) any improvements constructed or as may be constructed within the common areas; and (d) any personal property acquired by the Association All Common Area is to be devoted to and intended for the common use and enjoyment of the Owners, persons occupying dwelling places or accommodations of Owners on a guest or tenant basis, and visiting members (to the extent permitted by the Board of Directors of the Association) subject to the fee schedules and operating rules adopted by the Association; provided, however, that any lands which are leased by the Association for use as Common Area shall lose their character as Common Area upon the expiration of such Lease. Reference to Common Area in these covenants does not imply or guarantee that the Property affected by these covenants or any future section(s) of Blackbridge Village will have any Common Area. Section 4. "Common Expenses" shall mean and include: (a) All sums lawfully assessed by the Association against its members; (b) Expenses of administration, maintenance, repair, or replacement of the Common Area, including, without limitation, all labor, services, common utilities, materials, supplies, equipment, costs incurred in acquiring a Lot pursuant to a judicial sale, legal, accounting or managerial fees, and all expenses in connection with the Association's responsibilities under any stormwater management agreement (the "Stormwater Agreement") affecting the Property; (c) Expenses declared to be common expenses by the provisions of this Declaration or the Bylaws; (d) 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; 2 OX09856 P00522 (c) Ad valorem taxes and public assessment charges lawfully levied against Common Area; (f) The expense of the maintenance ofdrainage and utility easements and facilities located therein which are within the boundaries of the Property; (a) The expense of maintenance orally roads, streets, casements, landscaping, amenities, taxes or any other expense item associated with any Common Property not located on the Properly but permitted to be used by the members of this Association by any adjoining landowner, association or other entity pursuant to may cross -casement, cross -access or other agreement by the Association with the adjoining land owner (It) Payments into any escrow account required under any Stormwater Agreement, which may include funding of lire escrow account prior to a transfer of maintemmce and operation responsibilities from Declarant to Association; and (i) Any other expenses detennined by the Board or approved by the ntcntbers to be common expenses ofthe Association. Section 5. "Declarant" shall mean Caviness Land Development. Inc., a North Carolina corporation, its successors and assigns. Section 6. "Covenants" or "Declaration" shall mean this instrument as it may be from time to lime amended, supplemented, modified or incorporated by reference. Section 7. 'Lot" shall mean and refer to any numbered plot of land shown mt the Plat or any plat of any additional phases of Blackbridge Village, as such map or maps may be from time to time recorded, amended, or modified, excluding any infiltration basin, common area or open space. Section S. `Member" shall mean and refer to every person or entity entitled to membership in the Association. Section 9. "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, associntions, corporations, or other legal entities, including the Declarant. of fee title to may Lot depicted on the plat of Blackbridge Village, but, notwitbstanding any applicable theory of a mortgage, shall not mean or refer to the mortgagee or holder of a security deal, its successors or assigns, unless and until such tnonmee or holder of a security deed has acquired title pursuant to 1101'eclosure or a proceeding or deed in lieu of foreclosure; nor shall the term "Owner" ntcan or refer to any lessee or tenant of an Owner. Section 10. "Period of Declaram Control" means the period commencing on the date hereof and continuing until the earlier of (i) December 31, 2046: or (ii) when Declaram has volunmrily tenninated its Declarant Rights hereunder in writing. Section 11. "Plat" or "Plats" shall refer to the following: Plat entitled " BLACKBRIDGE VILLAGE SUBDIVISION" recorded in Plat Book 137L, Page(s) Iaf. , of the Cumberland County, NC, Rcgisirv. OX09856 P00523 Section 12. "Property" or "Subdivision" shall mean and -refer to the land as shown on the Plats. "Property' shall also include future sections of Blackbridge Village as the same may be annexed pursuant to Article II below. ARTICLE 11 PROPERTY. UTILITIES. AND RESERVED RIGHTS Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed, given, donated, leased and occupied subject to these covenants is defined as the Property above. Section 2. Annexation of Additional Property. At any time prior to December 31, 2046, additional land may be annexed by the Declarant without the consent of the Members and therefore become subject to this Declaration by the recording by Declarant of a plat showing such property to be annexed and of a supplementary declaration extending the operation and effect of this Declaration to the property to be annexed. Any property annexed pursuant to this subsection may be annexed and subjected to this Declaration as one parcel or as several parcels at different times. The addition of such property pursuant to this section may increase the cumulative number of Lots within the Property and therefore, may alter the relative maximum voting strength of the various types of Members. Any Supplemental Declaration may contain such complementary additions and/or modifications of the covenants and restrictions contained in this Declaration, including, without limitation, different voting rights and different annual and special assessments for the Lots so annexed as Declarant, in its sole discretion, may deem necessary or appropriate toIreflect the different character or use of the property added. A Supplemental Declaration annexing additional property need only be executed by the Declarant and, if applicable, by the owner of the property being annexed, and shall not require the joinder or consent of the Association or any of its Members. Section 3. Special Declarant Rights. Declarant reserves the following special declarant rights for the entire Property during the period of Declarant control: (a) To complete any and all improvements indicated on the plats and 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 or on any of the Common Area shown on the plat; (d) To use easements through the Common Area for the purpose of making improvements within the Property or any property added thereto; to enter upon the subdivision for access, including ingress and egress for both vehicles and pedestrians, to and from any public street; or to connect at Declarant's expense to any street, roadway walkway or other means of access located on the Common Area; (e) To create and add Lots, to alter the size of any Lot, combine or merge two or more Lots, to subdivide Lots or other Property into Common Property, to add Common Area, or to extend streets and utilities through Lots; (0 To appoint or remove any officer or member of the Association Board during the period of Declarant control; (g) To annex any adjacent property developed in conformity with this Declaration; (h) To transfer responsibility for any storm water detention ponds or other BMP's affecting the Property to the Association in accordance with any Stormwater Agreement; or (i) To remove any portion of the Properties then owned by the Declarant or the Association from the coverage of this Declaration, to the extent originally included in error or as a result of any changes whatsoever in the plans for Blackbridge Village subdivision, provided such withdrawal is not unequivocally contrary to the overall, uniform scheme of development for Blackbridge Village OK09856 P60524 subdivision; and (j) To approve any supplemental declaration or other'declaration of covenants, conditions or restrictions affecting any phase, sub -section or other portion of Blackbridge Village; without Declarant's review and consent, such'stipplement'declaration or other declaration of covenants, conditions or restrictions shall be voidable in the sole discretion of Declarant. Section 4. Utilities Reserved by Declarant. (a) Declarant reserves the right to subject the Property to a contract with public utility provider(s) for the installation of overhead and/or underground electric cables and/or 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 Lot. Declarant may devote any Lot or portion thereof, not already sold, for any construction and uses which it, in its discretion, deems necessary in order to provide the subdivision with utilities. Until December 31, 2046, Declarant reserves, for itself and its employees, agents, successors and assigns, an easement upon and a right of ingress, egress and regress on, over and under the Properties for the purposes of constructing and maintaining such roadways, water, sewer, gas, storm water, drainage and retention, telephone, cable televisions and electric and other utility facilities to the extent required by any applicable governmental entity or deemed by the Declarant to be necessary or convenient for the development, use and enjoyment of the Properties and the Common Area and the conduct of construction, sales and marketing activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil, relocate utility facilities within said easement and take any other similar action that its deems reasonably necessary or appropriate. After such action has been completed, Declarant shall grade and seed the affected property and otherwise restore the affected property to its original condition to the extent practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily removed. Declarant shall give reasonable notice of its intent to take such action to each Owner whose Lot is affected. Section 5. Utility Easements. Easements for installation and maintenance for utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation and maintenance of utilities, or which may change the direction or flow of drainage, or which may obstruct or retard the flow of water. Section 6. Easements for Governmental Access. An easement is hereby established over the Common Area and every Lot within the Properties for the benefit of applicable governmental agencies for installing, removing, and reading water meters, maintaining and replacing water and sewer facilities, and acting for other purposes consistent with public safety and welfare, including, without limitation, law enforcement, fire protection, garbage collection and the delivery of mail. ARTICLE III PROPERTY RIGHTS IN THE COMMON AREA Section 1. Owners' Easement of Enjoyment in Common Area. Except as limited by the provisions of this Declaration, by the rules and regulations adopted by the Board of Directors of the Association, and any fees or charges established by the Board of Directors of the Association, every Owner shall have a right of easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title of every Lot. 9K09856 P00525 Section 2. Delegation of Use. (a) Pamily. The right and easement of enjoyment'end access -granted to every Owner by Section I of this Article may be exercised by members of the Owner's family who occupy the residence of the Owner within the Properties as their principal residence. (b) Tenants: Contract Purchasers. The right and easement of enjoyment and access granted to every Owner by Section 1 of this Article may be delegated by such Owner to his tenants or contract purchasers who occupy a residence within the Properties. (c) Guests. The right and easement of enjoyment and access granted to every Owner by Section I of this Article may be delegated to guests of such Owners, tenants or contract purchaser, subject to such rules and regulations as may be established by the Board of Directors. (d) Suspension of Rights. The rights of any delegate of an Owner shall be suspended by, upon and during suspension of such Owner's rights as provided in this Declaration. Additionally, the privilege granted to guests and tenants of Owners to use and enjoy the Common Areas, subject to the rules, regulations and fees, if any, established by the Association for such use, (other than ingress and egress) may be denied to or withdrawn from such guests or tenants by an affirmative vote of ninety percent (90%) of the votes cast at a meeting of the Association called for the purpose of voting on such denial or withdrawal. Section 3. Access Easement. Appurtenant to each Lot is an easement over the streets and roadways within the Properties for access, ingress and egress from and to public streets and an easement for pedestrian access, ingress and egress over sidewalks and walkways in the Common Area. Any such easement shall be upon such walkways, driveways or other ways as are designated by the Declarant and/or the Association and shall be subject to the terms of this Declaration. Section 4. Title to Common Area. The Declarant covenants for itself, its successors or assigns, that it shall convey to the Association by limited warranty deed the "Common Properties" or "Common Area" prior to or at the end of the period of Declarant control. All said parcels of land maybe conveyed to the Association subject to: (])all restrictive covenants of record at that time, including but by no means limited to this Declaration; (2) all existing mortgages; (3) a reservation by the Declarant of the right to substitute or add new mortgages thereon; provided, however, that in no event shall the Association be obligated to assume the payment of principal or interest on any such mortgage; (4) easements reserved by the Declarant herein for special declarant rights; and (5) any Stormwater Agreement affecting the Property. Section 5. Extent of Owners' Easement. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Association, in accordance with its Bylaws, to borrow money from the Declarant or any other lender for the purpose of improving and/or maintaining the Common Area and providing services authorized herein and in aid thereof to mortgage said properties; (b) the right of the Association to take such steps as are reasonably necessary to protect the above - described properties against foreclosure; (c) the right of the Association to suspend the rights and easements of enjoyment of any Owner, or any tenant or guest of any Owner, for any period during which the payment of any OX09856 P00526 assessment against any Lot owned by such Owner remains delinquent, and for any period not to exceed sixty (60) days for any infraction of its published rules and regulations, it being understood that any suspension for eithernonpayment of any assessment or a breach of the rules and regulations of the Association shall not constitute a waiver or discharge of the Owner's obligation to pay the assessment; (d) the right of the Association to charge reasonable admission and other fees for the use of any recreational facilities situated or constructed on the Common Area and to limit the use of such facilities to Owners who occupy a residence on the Properties and to their families, tenants and guest, as provided in this Article; (e) the right of the Declarant or the Association by its Board of Directors to dedicate or transfer to any public or private utility, utility easements on any part of the Common Area; and (f) the right of the Association to give, dedicate, sell or exchange all or any part of the Common Area, including leasehold interests, to any public agency, authority, public service district, or private concern for such other purposes and subject to such conditions as may be agreed to by the Members, provided that no such gift or sale or determination as to the purposes or as to the conditions thereof shall be effective unless such dedication, transfer and determination as to purposes and conditions shall be authorized by (i) the Declarant as long as it owns any portion of the Property and (ii) the affirmative vote of three -fourths (3/4) of the votes cast at a duly called meeting of the Association, subject to the quorum requirements established herein and unless written notice of the meeting and of the proposed agreement and action thereunder is sent to every Member of the Association at least thirty (30) days prior to such meeting. A true copy of such resolution together with a certificate of the results of the vote taken thereon shall be made and acknowledged by an officer of the Association and such certificate shall be annexed to any instrument of dedication or transfer affecting the Common Area prior to the recording thereof. Nothing herein shall be deemed to prohibit the Board of Directors of the Association, without the consent of the Members, from granting easements over and across the Common Area to any public agency, authority or utility for the installation and maintenance of sewerage, utility (including cable television) or drainage facilities when, in the opinion of the Board, such easements are necessary for the convenient use and enjoyment of properties within Blackbridge Village. (g) the right of Declarant to use Common Area for promotional, sales, and similar purposes during the Period of Declarant Control; (h) the right of the Association to open the Common Area and, in particular, any recreational facilities constructed thereon, for use by non-members of the Association; (i) the right of the Association to expand or add to the Common Area and to improve, maintain and operate the Common Area; (j) the right of the Association to adopt, promulgate and enforce rules and regulations concerning the use of the Common Area; and (k) the special Declarant rights reserved herein Section 6. Reeulation and Maintenance of Common Area and Common Area Easements. It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of the Owners. IK09856 P60527 (a) Regulation of Common Area. The Association may adopt and promulgate rules and regulations governing the use of the Common'Area by Owners and their family, guests and invitees. No Owner or other permitted user shall use the Common Area or any portion thereof in violation of the rules and regulations contained in this Declaration or subsequently adopted by the Association. Without limiting the generality of the foregoing, except as specifically provided herein, no Owner or tenant, guest or invitee of an Owner shall, without specific prior written consent of the Association: (1) damage or waste the Common Area or improvements thereon or remove any trees or vegetation therefrom; (ii) erect any gate, fence, structure or other improvement or thing on the Common Area; (iii) place any garbage receptacle, trash or debris on Common Area; (iv) fill or excavate any part of the Common Area; (v) landscape or plant vegetation on Common Area; or (vi) use the Common Area or any part thereof in a manner inconsistent with or in any way interfering with the rights of other Owners. (b) Rights and Responsibilities of the Lot Owners as to Common Area Easements. Each Owner of a Lot upon which a Common Area easement lies shall pay all property taxes and other assessments levied against his Lot, including that portion of such tax or assessment as is attributable to such Common Area easement. (c) Rights and Resnonsibilities of the Association as to the Common Area. The Association shall have the right and obligation to ensure that the Common Area is preserved for the perpetual benefit of the Owners, and, to that end, shall: (i) maintain the Common Area in its natural or improved state, as appropriate, and keep it free of impediments to its use by the Owners, subject to the provisions of this Declaration; (ii) procure and maintain adequate liability insurance covering the Association and its Members, Directors and officers, against any loss or damage suffered by any person, including the Owner of the Lot upon which Common Area lies, resulting from use of the Common Area, and adequate hazard insurance covering the real and personal property owned in fee by the Association; and (iii) pay all property taxes and other assessments levied against all Common Area owned in fee by the Association. (d) Declarant's and Association's Right of Entry. The Declarant and the Association and the employees, agents, contractors and subcontractors of each, shall have a non-exclusive right and easement at all times to enter upon any portion of a Lot reserved or designated as a Common Area easement for the purposes of: (i) installing and maintaining entrance signs, features, fencing and landscaping; and (ii) making such improvements to the Common Area; and (iii) maintaining the Common Area easement in its natural or improved state. ARTICLE IV ARCHITECTURAL CONTROL Section 1 Architectural Approval. No residence or other building, and no fence, wall, utility yard, driveway, solar panel, swimming pool or other structure or improvement, regardless of size or purposes, whether attached to or detached from the train residence, shall be commenced, placed, erected or allowed to remain on any 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 Lot and approximate square footage, construction schedule, on -site sewage and water facilities, and such other information as the Declarant or the ARC (as hereinafter defined) shall require, including, if so required, OX09856 P00528 plans for the grading and landscaping of the 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 or by an Architectural Review Committee ("ARC") compoied of three or more persons appointed by the Board of Directors of the Association and until a copy of all such plans and specifications, as finally approved by the Declarant have been lodged permanently with the Declarant or the ARC. The Declarant or ARC, as the case may be, shall have the absolute and exclusive right to determine which builders may construct houses on Lots, the style and appearance of the dwellings, including, but not limited to flag staffs, fences, walls, buildings outbuildings, garages, storage sheds, mailboxes, lawn decorations, structures of any type or color thereof, grading, landscaping, patio covers and trellises, plans for off-street parking of vehicles and utility layout, and any other improvements to be built or constructed on any Lot. The Declarant or ARC, as the case may be, 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 or ARC may take into consideration the suitability and desirability of the proposed construction and of the materials of which the same are proposed to be built to the 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 or ARC 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 of the Declarant or ARC shall be presumed and the provisions of this paragraph shall be deemed to have been complied with. Section 2. Rules and Regulations. The ARC may from time to time recommend to the Board, and the Board may, in its sole discretion, adopt, promulgate, amend and repeal rules and regulations interpreting and implementing the provisions of this Article, including adoption of detailed architectural guidelines and the imposition of a fee or charge for review of proposed improvements or modification. Section 3. Variances. The Board may, by the vote or written consent of a majority of the members thereof, allow reasonable variances as to the covenants, conditions or restrictions contained in this Declaration, on such terns and conditions as it shall require; provided, however, that all such variances shall be in keeping with the general plan for the improvement and development of the Property. Variances contained in plans that are inadvertently approved by the ARC as part of the proposed improvements shall not be considered as having been approved unless specifically approved by the Board in accordance with the provisions of this Section. ARTICLE V USE RESTRICTIONS Section . Business Use Prohibited. 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 improvement thereon owned by Declarant as a model home with sales office. Declarant, builders, real estate brokers, Owners and their agents may show lots and homes for sale or lease. Group family homes are prohibited. Section 2, Dwelling Size. No dwelling shall be erected or allowed to remain on any of the said Lots in Blackbridge Village which shall contain a heated -area living space of less than One Thousand Six Hundred L1,600] square feet. For two-story houses, the ground floor must contain at IeastNine Hundred [900] square feet. 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 9 OX09856 P60529 of floor space, furnace room areas, garages, carports, and porches shall not be counted. Section 3. Building Type. No structure shelf be erected, altered, places or permitted to remain on any Lot other than one detached single-family dwelling not to exceed three stories in height and a private garage for not more than three cars and other outbuilding incidental to the residential use of the Lot. Such outbuilding erected, altered, placed or permitted shall be of the same quality, workmanship and material as the principal dwelling structure and will be erected and placed to the rear of the dwelling structure on the Lot. Section A. Setbacks. All structures shall comply with the Cumberland County ordinances with regard to all set -back requirements. When consistent with the zoning ordinances (or any variance granted), the building line set -back as provided for in this paragraph may be varied by as much as ten (10) percent with the express consent of Declarant, which said consent document need not be on record in the Office of the Register of Deeds, Cumberland County, North Carolina. Section 5. Walls. Fences and Hedges. All walls, fences, and hedges shall be controlled strictly for compliance with this Declaration and architectural standards established by the Declarant or the ARC. No wall, fence, or hedge shall be planted or erected closer to the street on which the house fronts than the rear corner of the house; provided, however, that for houses with screened porches, the fence may attach at either the front or back comer of the screened porch. For comer Lots, no wall, fence, or hedge shall be planted or erected closer to the side street than ten (10) feet from the comer of the house. No fence made of concrete block, chain link, wire, or what is commonly known as "chicken wire" shall be permitted anywhere on the Lot. No wall, fence, or hedge shall exceed six [6] feet in height. The design and materials of all fences shall be approved by the Declarant or the ARC prior to any construction pursuant to the approval requirements of Article V of this Declaration. Section 6. Accessory Structures. No trailer, tent, shack, garage, car port, metal awnings, metal utility sheds, barn or other building shall be placed, erected or allowed to remain on said property without the written consent of Declarant or the ARC. No structure of a temporary character shall be used as a residence temporarily, permanently or otherwise. Section 7. Maintenance of Improvements. Each Owner shall maintain all improvements constructed upon such Owner's Lot to the standards of their original construction. Each Owner shall maintain in good condition and repair all improvements constructed upon such Owner's Lot, including, without limitation, the dwelling. Such maintenance obligations include keeping the exterior of all such improvements free of mold and mildew. No Owner shall change the exterior design or color of the dwelling on such Owner's Lot, including the roof thereof, except in compliance with Article V hereof. Section 8. Storage; Clothes Hanging. No Lot or Common Area shall be used for the storage of rubbish. No trash of any kind, whether household or yard debris, shall be placed or allowed to remain on any Lot, except in proper containers. Containers should only be placed by the street on the evening before the day trash is scheduled to be picked up. Each owner shall promptly remove the trash container from the street, in no case later than the evening of the day the trash was removed. Outside clothes handing devises are not permitted. Section 9. Nuisances. No noxious or offensive trade or activity shall be carried on upon any Lot or the 10 OX09856 P60530 Common Area nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood. Section 10, Lawns. Each Lot shall be mainiai6ed in a neat condition by the Owner thereof. In this context, the word "Lot" shall include that portion of the property from the outside of the structure on the applicable Lot to the adjacent paved road surface. All Lots upon which a dwelling has been constructed ("Improved Lots") must have grass lawns. No gravel or similar type lawns are permitted. For Improved Lots, "neat" shall require, at a minimum, that the front yard of each Lot, and in the case of comer lots, the side of each Lot along the side abutting roadways, be sodded, be regularly cut and fertilized, and that mulched or pinestrawed areas be regularly re -mulched or re-pinestrawed and kept weeded so that its appearance is in harmony with the neighborhood. No Owner shall allow the grass on an Improved Lot to grow to a height in excess of six (6) inches, measured from the surface of the ground. For unimproved Lots, "neat" shall require that the Lot is maintained in a sightly condition, free of debris, rubbish, weeds and high grass and in a prudent and reasonable manner harmonious with that of the other Lots within the subdivision. Section 11. Failure to Maintain. If an Owner fails to maintain the Lot or the improvements thereof, the Association, after giving such Owner at least ten (10) days' written notice, shall be authorized to undertake such maintenance at the Owner's expense. By accepting title to his Lot, each Owner shall be deemed to grant access upon the Owner's Lot and dwelling for such purpose and such entry shall not constitute a trespass. If such maintenance is undertaken by the Association or Declarant, the charge therefor and all costs of enforcement and collection shall be secured by a lien against the Lot as provided in this Declaration. Section 12, Animals. The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, shall be and is prohibited within any Lot, except the keeping of not more than two (2) orderly domestic pets (dogs or cats) shall be permitted; provided, however, that such pets are not kept or maintained for commercial purposes for breeding, and provided, further that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Property. All pets shall be registered and inoculated as required by law. No dangerous dogs, including but not limited to, Pit Bulls, Rottweilers, Dobermans, Akitas, and Chows, shall be permitted on any Lot, unless the Lot Owner installs a six (6) foot privacy fence that complies with Section 5 above, and in addition installs a six (6) foot chain link fence at least ten (10) feet inside the perimeter of the privacy fence. The above -listed breeds of dog may not be exercised in the neighborhood, even if the dog is on a leash. Any of the above -listed breeds of dogs maybe removed at the sole discretion of the Declarant and/or the Association. All owners of the above -listed breeds must provide the Association with a current copy of liability insurance in the minimum amount of $1,000,000.00 Any dog house or dog containment structure or system must comply with the provisions of Section 5 above, be located to the rear of the principal dwelling structure, and must be located within twenty (20) feet of the rear of the main dwelling structure. Section 13. Vehicles, Boats, Trailers. No automobile or other mechanical repairs shall be conducted within a Lot other than in a garage or concealed from public view. No mechanically defective automobile, motor vehicle, mechanical machine, or machinery, shall be placed or allowed to remain on a Lot at anytime except in a closed garage. No truck or vehicle used with eighteen wheels (such as a "tractor" or "semi") shall be permitted to be parked on the Properties except in the course of delivery, pick up, or discharge of a specific commercial duty. No vehicle in inoperable condition, no unlicensed vehicle, no recreational vehicle, no camper, no golf cart, no boat, and no jet ski or other watercraft may be parked on any street or on any Lot, unless kept inside a garage or behind an approved fence or otherwise concealed from public view. No parked vehicle shall be covered by a "car cover" or other similar covering unless kept inside a garage and 11 OX09856 P0053I concealed from public view. No truck or vehicle, no camper, no golf cart, no boat jet ski or other watercraft, and no trailer maybe kept within the Common Area. For the purpose of the preceding sentences, the term "kept" shall mean present for either a period of more than ten (10) hours or overnight, whichever is less. In order to preserve the aesthetics of development, whether or not a boat, trailer, or vehicle of any type is adequately concealed from public view shall be determined by the Association in its sole discretion. The Association shall have the right to tow or remove any boat, trailer, recreation vehicle, camper, jet ski, watercraft, golf cart or vehicle of any type which is parked within the Common Area or kept on any Lot in violation of this section, at the Owner's expense, and the Owner of each Lot, by acceptance of their deed, does grant to the Association such an easement, on, across, and upon their Lot as may be necessary to enforce the provisions set out in this section. Section 14. Mailboxes. Intentionally deleted Section 15, Signs, No sign of any character shall be displayed or placed upon any Lot except "For Sale" or "For Rent" signs, which signs may refer only to the particular premises on which displayed, shall not exceed two (2) square feet in size, shall not extend more than four (4) feet above the surface of the ground, shall be fastened only to a stake in the ground, and shall be limited to one (1) sign to a Lot. The Declarant may enter upon any Lot and summarily remove and destroy any signs which do not meet the provisions of this section. The Association may develop uniform sign standards and specifications to which all Owners must adhere. No sign of any kind shall be displayed in or on the Common Area without the prior written consent of the Association. Notwithstanding the foregoing, Declarant, and with the consent of and upon such conditions as Declarant, in its sole discretion, might impose, a builder or builders shall have the right to erect and maintain signs of any type and size on any Lot which it owns and on the Common Area, in connection with the development and sale of the Properties. Section 16, Antennae and Roof Structures. No radio or other electrical towers, aerials, antennae, dishes or other devices of any type for the reception or transmission of radio broadcasts or other means of communication shall be erected, constructed, placed of permitted to remain on any Lot or upon any improvements thereon. The Association shall be empowered to adopt rules governing the types of antennae that are permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennae. An antenna permissible pursuant to rules adopted by the Association may be installed only if it is approved by the Association pursuant to Article V hereof. Section 17. Basketball Goals. No basketball goals of any nature, whether stationary or portable, regulation size or otherwise, shall be allowed in the street or public right of way. Only portable basketball goals shall be allowed in side or front yards or driveways provided they are properly maintained in good repair and conditions. Permanently installed goals must be placed in the back yard. Unsightly basketball goals located in front and side years are subject to removal by the Association. Section 17, Above -Ground Pools. There shall be no above -ground swimming pools on any Lot. In - ground pools are permitted and must be surrounded by at least a four (4) foot fence. Section I8 Visual Obstructions at Intersections of Streets. No object or thing which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways within the triangular area formed by the junction of street curb lines and a line connecting them at points twenty-five (25) feet from the junction of the street curb lines (or extension thereof) shall be placed, planted or permitted to remain on any comer Lots. Section 19. Water Retention Areas. The Association shall be responsible for maintaining the portions of the storm water drainage system which are within the Common Area, including the water quality and 12 OX09856 P00532 quantity standards of the approved plans, to the extent required by law. A drainage easement is hereby dedicated to the Association for the purpose of maintaining the storm water system to meet water quality and quantity design standards of the approved plans and any future governmental laws, rules or regulations. Each Owner of a Lot which borders a water retention area shall maintain any portion of that Owner's Lot lying with a retention area free of debris but shall not remove any wetlands species or do anything that would affect adversely water quality within the water retention area. Swimming and bathing in water retention areas are prohibited. Docks or other structures shall not be erected in water retention areas. Section 20. Garages. Garage doors shall remain closed at all times except when necessary for ingress and egress. Section 21. Seasonal or Holiday Decorations. Holiday decorations (e.g., Christmas trees and lights, pumpkins, Easter decorations) shall be removed from each Lot or residential dwelling within a reasonable period of time after such holiday passes. The Association has the sole discretion to determine what a reasonable period of time is for seasonal or holiday decoration to exist after the holiday or season passes and its determination shall be final. Section 22. Service Utilities, Fuel Tanks. Wood Piles, Trash. All service utilities, fuel tanks, wood piles and trash and garbage containers are to be enclosed within a fence, wall or plant screen of a type and size approved by the Declarant or the ARC, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision or from any other residence within the subdivision. Section 23. Noise. Each Lot Owner covenants and agrees that he 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 Owners' reasonable use of their lots. Section 24. Diligent Construction. Unless otherwise agreed by Declarant, or the ARC, all construction, landscaping or other work which has been commended on any Lot must be continued with reasonable diligence to completion. No partially completed building or other improvement shall be allowed to exist on any Lot, except during such reasonable period as is necessary for the completion of same. Section 25, Casualty. Obligation to Re -construct Raze. If any structure is significantly damaged or destroyed by fire or other casualty, then the Owner thereof shall promptly repair or rebuild said structure or shall promptly raze the damaged improvements and clear all debris from the Lot. If this Section is not complied with, then the Declarant (until the expiration of the Period of Declarant Control) and/or the Association shall have the right to raze the damaged improvements and clear all debris from the Lot and levy a special assessment to any such Owner for the cost thereof, which shall be a lien upon the Lot until paid in full. ARTICLE VI STORMWATER RESPONSIBILITIES AND COVENANTS Section I. Covenants. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW6140902, as issued by the Division of Water Quality under the Stormwater Management Regulations. The State of North Carolina is made a beneficiary of the covenants in this Article VII to the extent necessary to maintain compliance with the stornwater management permit. These covenants are to run with the land and be binding on all persons and parties 13 BK09856 P60533 claiming under them. The covenants pertaining to stormwater in this Article VI may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area per Lot is as listed below: Lot # BUA All Lou 4,000 sf This allotted amount includes any built -upon area constructed within the Lot property boundaries and that portion of the right of way between the front Lot line and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, and parking areas, but does not include raised, open wood decking or the water surface of swimming pools. Each Lot will maintain a 30 foot (30') wide vegetated buffer between all impervious areas and surface waters. 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 measures. Section 2. Operation and Maintenance Agreement. The Stormwater Agreement for Blackbridge Village is attached hereto as Exhibit A and incorporated herein by this reference. ARTICLE VII MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership, Every Owner, upon acquiring title to a Lot subject to assessment by the Association, shall be a member of the Association and shall remain a member until such time as his ownership of such Lot ceases for any reason, at which time his membership in the Association shall cease. Each Member shall pay the Assessments provided for in Article Vlll when due and shall comply with the Association's decisions. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. Classes of Membership. The Association shall have two (2) classes of voting membership: (a) Class A Members. Every person, group of persons, or entity which is a record Owner of a fee interest in any Lot shall automatically be a Class A Member of the Association, except the Declarant during the Period of Declarant Control; provided, however, that any such person group of persons, or entity who or which hold such interest solely as security for the performance of an obligation shall not be a Member. Each Class A Member shall have one (1) vote with respect to each Lot owned by such Member, except asset forth in Section 3 below. In the event that more than one person, group of persons, or entity is the record Owner of a fee interest in any Lot, then the vote for the membership appurtenant to such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. In the event agreement is not reached, the vote attributable to such Lot shall not be cast. (b) Class B. Members, The Class B Member during the Period of Declarant Control shall be the Declarant. Declarant shall be entitled to nine (9) votes for each Lot is owns during the Period of Declarant Control. The Class B Membership shall cease and be converted to Class A 14 OX09856 P00534 membership upon the expiration of the Period of Declarant Control. Section 3. Declarant's Voting Rights. Until the expiration of the Period of Declarant Control, Declarant shall be vested with the sole voting right of the Association on all matters, including, without limitation, election and removal of directors and officers of the Association. Section 4, Comoosition of Board. The Association shall be governed by a Board of Directors as provided for in the By -Laws of the Association. The Declarant shall have the right to appoint and remove all persons on the Board and to appoint and remove all officers of the Association during the Period of Declarant Control. Section 5. Cumulative Voting Prohibited. Each Owner shall be entitled to as many votes as equals the number of votes he 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. Section 6. Voting Rights Suspension. The right of any Class A Member to vote may be suspended by the Board of Directors of the Association for any period during which any assessment against that Class A Member remains unpaid or for any violation of the published rules and regulations of the Master Association. ARTICLE VIII COVENANTS FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Oblisation of Assessments. Each Class A Owner of a 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, capital improvements, or other extraordinary common charges or expenses; (3) special assessments for purchase, construction or reconstruction of improvements; and (4) to the appropriate governmental taxing authority, a pro rota share of assessments for public improvement to the Common Area if the Association shall default in payment thereof. Upon default by the Association in the payment to the governmental authority entitled thereto of any ad valorem taxes levied against the Common Area or assessments for public improvements to the Common Area, which default shall continue for a period of six months, each Owner shall become personally obligated to pay to the County Tax Assessor a portion of such taxes or assessments in an amount determined by dividing the total taxes and/or assessments due by the total number of lots or units in the Subdivision. If such sum is not paid by the Owner within 30 days following receipt of notice of the amount due, then such sum shall become a continuing lien on the lot of the then Owner(s), the Owner(s)' heirs, devisees, personal representatives and assigns, and the County Tax Assessor may either bring an action at law against the Owner personally obligated to pay the same or may elect to foreclose the lien against the property of the Owner. 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 for repair or remedy. Each Class A Ownercovenants, for himself, his heirs, successors and assigns, to pay each assessment levied by the Association on the Lot described in such conveyance to him by 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 15 8K09856 p80535 Lot as provided herein and shall continue to be such lien until fully paid. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfaie bf the residents of the subdivision; and, in particular, but not limited to, for the acquisition, improvement and maintenance of services, amenities and facilities, and for the use and enjoyment of the Common Area, 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 against the Common Area, the procurement and maintenance of insurance in accordance with this Declaration, the employment of counsel, accountants, managers, engineers, security personnel, and other professionals for the Association when necessary, the payment for maintenance and operation, under the Stormwater Agreement and for street lights; the payment of any assessments due pursuant to the Master Declaration; and such other needs as may arise. Section 3 Regular Assessments: Initial Contribution to Working Capital: Fine Assessments. Until December 31, 2016, the initial regular assessment shall be S150.00 annually based on the calendar year; such annual assessment for each Lot shall commence at the time of the first conveyance of an improved Lot (the "First Sale"), prorated on a calendar year basis. In addition, each Lot shall be assessed a onetime or initial contribution to working capital fee of S 125.00 at the time of the closing of the First Sale. This one-time fee shall not be considered an advance of the regular or annual assessment. Beginning January I, 2016 and during the Period of Declarant Control, the Board of Directors shall adopt an annual budget and fix the annual assessment. After the Period of Declarant Control expires, the Board of Directors shall adopt a proposed budget at least annually. Within 30 days after adoption of the proposed budget, the Board of Directors shall send a copy of the proposed budget and shall give written notice to the Members of a meeting of the Members to consider ratification of the budget, such meeting to be held not sooner than 10 days nor more than 60 days after the mailing of such notice. Such meeting may, but need not be, combined with the annual meeting of the Members. There shall be no requirement that a quorum be present in order to vote on ratification of the budget. The budget shall be deemed ratified unless at that meeting Members having a majority of the votes of the entire membership vote to reject the budget. Notwithstanding the forgoing, if the budget provides for annual assessments not greater than 10% larger than the assessment in effect for the immediately preceding year, such budget shall be deemed ratified unless Members having at least 80% of the votes of the entire membership vote to reject the budget. If the proposed budget is rejected, the budget last ratified by the Members shall be continued until such time as the Members ratify a subsequent budget proposed by the Board. Any annual assessment ratified by the Members shall continue thereafter from year to year as the annual assessment until changed by the Board and ratified by Members as set forth herein. In addition, the Board of Directors, or any adjudicatory panel established by the Board, may levy a reasonable Fine Assessment as a fine or penalty for violation of this Declaration. In addition, the Board may enact additional fees for late payments, fees for providing written assessment certificates setting forth all current and delinquent assessment charges, and fees to transfer ownership of a Lot upon the Association's records. Section A. Special Assessments for Capital Improvements. In addition to the regular and fee assessments authorized above, the Board may levy, in any assessment, year, a special assessment for the purpose of defraying, in whole or in part the cost of any construction, reconstruction, restoration, repair or replacement of a capital improvement upon the Common Area, any extraordinary maintenance or other expense, including fixtures and personal property related thereto and any property for which the Association is responsible provided that any such assessment shall have the assent of Members as provided in Section 3 above. 16 6K09856 P60536 Section 5. Reolacement Reserve. Out of the Common Expenses assessment, the Board may create and maintain a reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Area which the Association may be obligated to maintain. Section 6. Individual Assessment. In the event that the need for maintenance, repair or replacement of any improvement on the Property, for which the Association has the maintenance, repair and/or replacement obligation, is caused through the willful or negligent act of an Owner, his family, his pet(s), his tenant or his guest, the cost of such maintenance, repairs or replacements shall be paid by such Owner. The Board shall have the maintenance, repair, or replacement done, and the cost thereof shall be provided by the Board to said Owner and shall be paid by said Owner within thirty (30) days thereafter, unless an earlier date is otherwise set forth therein. Section 7. Date of Commencement of Annual Assessments, Due Dates. Annual assessments shall not commence until the First Sale as set forth in Section 3(b) above. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. Section 8. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within ten (10) days after the due date shall be delinquent, in default and shall incur such late charge as the Board of Directors may from time to time establish, and if not paid within thirty (30) days after the due date, shall also bear interest from the due date at the rate of eighteen percent (18%) per annum or at such other reasonable rate set by the Association in its minutes, not to exceed the highest rate then permitted by North Carolina law. The Association may bring an action at law or in equity against the Owner personally obligated to pay the same plus interest, costs, late payment charges and reasonable attorneys' fees, and/or foreclose the lien against the Lot for which such assessment is due. Interest, late payment charges, reasonable attorneys' fees and the costs of such action or foreclosure shall be added to the amount of such assessment. 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 Lot. The lien herein granted unto the Association shall be enforceable pursuant to Chapter 47F of the Planned Community Act of North Carolina ("PCA") from and after the time of recording a Claim of Lien in the Office of the Clerk of Superior Court in the County in which the Lot is located in the manner provided therefore by the PCA, which claim shall state the description of the Lot encumbered thereby, the name of the record owner, the amount due and date when due. The claim of lien shall be recordable anytime after thirty (30) days after the due date of the assessment or any installment thereof and the lien shall continue in effect until all sums secured by said lien as herein provided shall have been fully paid. Such claims of lien shall include all assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorneys' fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided. Such claims of lien shall be signed by an officer or agent of the Association. In any foreclosure action, the Association shall be entitled to become a purchaser at the foreclosure sale. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record. Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any institutional first mortgage on said Lot. Sale or transfer of any Lot shall not affect the assessment lien; however, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer, but shall not abate the personal obligation of the prior owner. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Exempt Property. Any property dedicated to, and accepted by, a public authority and any 17 BX'09856 P60537 property owned by the Association shall be exempt from the assessments created herein. Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be exempt from said assessments. Section 11. Miscellaneous. (a) An Owner has the sole responsibility of keeping the Association informed of the Owner's current address if different from the Lot owned. Otherwise, notice sent by the Association to the Lot is sufficient for any notice requirement under this Declaration: (b) The lien under this Article arises automatically and no notice of lien need be recorded to make the lien effective. (c) Any assessment otherwise payable in installments shall become immediately due and payable in full without notice upon default in the payment of any installment. The acceleration shall be at the discretion of the Board. (d) The Association shall have the right in its discretion to contract with a professional property management agency for the purposes of managing its affairs on behalf of the subdivision. ARTICLE IX Section 1. Responsibilities. The Association shall be responsible for the following services: (a) Exclusive management, control, and maintenance of the Common Area and shall keep the Common Area in good, clean and proper condition, order and repair, whether or not title to such Common Area has been formally conveyed to the Association; including, without limitation, streets and roadways, landscaping, recreation area, storm water structural controls and BMPs under the Stormwater Agreement, wet detention basins and other facilities located on the Common Area; (b) Payment of all costs, charges and expenses incurred in connection with the operation, administration and management of the Common Area and the performance of the services necessary or desirable in thejudgment of the Board of Directors of the Association to carry out the Association's obligations and business under the terms of this Declaration; (c) Taking any and all actions necessary to enforce all covenants and restrictions affecting the Property, and to perform any of the functions or services delegated to the Association in any covenants or restrictions applicable to the Property, including but not limited to fining Owners for violating same or for not properly maintaining their Lot; (d) Constructing improvements on Common Area for use for any of the purposes or as may be required to provide the services as authorized in this Article; (e) Provision of administrative services including but not limited to insurance, legal, accounting and financial, and communication services informing Owners of activities, notice of meetings, referendums, etc., incident to the above -listed services, and payment of taxes and other expenses; and (f) Any other services necessary to perform its obligations hereunder. 18 BX09856 P00538 The powers of the Association shall be construed liberally and shall include, without limitation, all of the powers set forth in Section 47F-3-102 of the Planned Community Act. In the event the Association is unable or unwilling to perform any of the services listed above in a manner satisfactory to the Declarant, the Declarant shall be and hereby is authorized to perform such services, at the Association's expense, as long as such expenses are reasonable and necessary to carry out the Declaranes obligations under this Declaration; provided, however, that the Association shall not be obligated to take action to enforce any covenant, restriction or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent with applicable law, or in any case in which the Board reasonably determines that the Association's position is not strong enough to justify taking enforcement actions. Any such determination shall not be construed as a waiver of the right to enforce such provisions under other circumstances or to estop the Association from enforcing any other covenant, restriction or rule. Section 2. Manager. The Association may employ and pay for the services of a person or entity, including the Declarant (the "Manager") to assist the Association in managing its affairs and carrying out its responsibilities hereunder and such other persons or entities, including attorneys and accountants, as the Association deems necessary or advisable, whether such persons or entities are engaged, furnished or employed by the Manager or directly by the Association. The Association may enter into a Management Agreement for such management services upon such terms as the Board of Directors may deem appropriate. The payment of management fees due to the Declarant may, at Declarant's option, be deferred until such later date as Declarant, in its sole discretion, deems appropriate. Furthermore, any management fees due to Declarant may, at Declarant's option, be credited against any assessments due or to be coming due from Declarant Section 3. Mortgage and Pledee. The Board of Directors of the Association shall have the power and authority, to borrow money for use by the Association and to mortgage the property of the Association and to pledge the revenues of the Association as security for such loans made to the Association which loans shall be used by the Association in performing its authorized functions. The Declarant may, but shall not be obligated to, make loans to the Association, subject to approval by the Declarant of the use to which such loan proceeds will be put and the method by which such loans will be repaid and subject to a maximum of loan amount approved by the Declarant, at interest rates acceptable to the Declarant. Notwithstanding anything in this Declaration to the contrary, the Association shall not be allowed to reduce the limits of the minimum regular annual assessment at any time there is outstanding any amounts due the Declarant as repayment of any loans made by the Declarant to the Association. ARTICLE X DURATION AND AMENDMENT The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, the Declarant or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a period of twenty - rive (25) years from the date this Declaration is recorded. Upon the expiration of said twenty -five-year period this Declaration shall be automatically renewed and extended for successive ten-year periods unless terminated or amended by a vote of the Owners. During the Period of Declarant Control, this Declaration may be amended by the Declarant, without the consent or joinder of any other Owner or the Association. Any such amendment shall be effective upon recording of same in the applicable public registry for Cumberland County, North Carolina. Otherwise, this Declaration maybe amended asset forth in N.C.G.S. §47F-2-117 except that neither the Association nor the Owners may amend this Article 1X to diminish or remove Declarant's powers hereunder. ARTICLE XI 19 OK09856 P60539 ENFORCEMENT SEVERABILITY AND INTERPRETATION Section I. Means of Enforcement. Enforcement of these Covenants shall be by any proceeding at law or in equity, whether it be to restrain violation or to recover damages or to create any lien created by these Covenants. Section 2. Severability, Should any covenant or restriction herein contained, or any Article, Section, paragraph, sentence, clause, phrase or tern in this Declaration be declared to be void, invalid, illegal, or unenforceable for any reason by the adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no wise affect the other provisions hereof which are hereby declared to be severable and which shall remain in full force and effect. Section 3. Interpretation. In all cases, the provisions of this Declaration shall be given that interpretation of construction which will best result in the consummation of the general plan of development of the Property. The provisions of these Covenants shall be given full force and effect notwithstanding the existence of any zoning or similar ordinance which allows a less restricted use of the Property. Section 4. Authorized Action. All action which the Association is allowed to take underthis instrument shall be authorized actions of the Association if approved by the Board of Directors of the Association in the manner provided for in the By -Laws of the Association, unless the terms of this instrument provide otherwise. Section 5. TresgM Whenever the Association, and/or the Declarant are permitted by these Covenants to correct, repair, clean, preserve, clear out or do any action on any property or on the easement areas adjacent thereto, entering the property and taking such action shall not be deemed a trespass. Section 6. Conflict. In the event of any conflict between the provisions of this Declaration and any applicable provisions of the Cumberland County Code of Ordinances, the provisions of the Cumberland County Code of Ordinances shall control. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed the day and year first above written. [SIGNATURES CONTINUED ON NEXT PAGE] 20 BA09856 p00540 CAVINESS LAND DEVELOPMENT, INC. By: / ! Name: Watson G. Caviness Title: President STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND I certify that the following person(s) personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Name of Principal: Watson G. Caviness LOre�& j7. )-rry ra,*m Printed or Typed Name of Notary Public My commissionexpires:ua—ne- jAJ'F,, Q�Su:.4jP��% (A_-Iia tiotettQlTsi dr�pal) . pU8LIjC (N.P. SEAL) 21 UNG9856 P60541 E-AKl41 i A Permit Number: S LAJ % I + 09 02 (io be provided br DI POJ Drainage Area Number: Infiltration Basin Operation and Maintenance Agreement I will keep a maintenance record on this BNIP. 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. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basin. — Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the infiltration baser will be fertilized after the initial fertilization that is required to establish the vegetation. — The vegetation in and around the basin will be maintained at height of approximately six inches. After the infiltration 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. BIVIP element: Potential roblem: I How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash debris. The perimeter of the Areas of bare soil and/or Regmde the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide time and a one-time fertilizer application. 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 ripmp to avoid future problLins with erosion. Ponn SW40 I -Infiltration Basin O&M-Rev.3 Page I oft BK09856 QG054.2 BMP element: Potentialproblem: How I will remediate theproblem: 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 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 A visible layer of sediment Search for the source of the has accumulated. 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. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. 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). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. 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. Form SW401-infiltration Basin O&M-Rev.3 Page 2 of 3 OX09856 P60543 Permit Number: SL) I tY0C1 l) '?_- (ro be provided hr DIVQ) I acknowledge and agree by my signature below that I am responsible for the performance ol'the maintenance procedures listed above. I agree to notify DWQ ofany problems with the system or prior to any changes to the system or responsible party. Prgjec•I name: Blackbridee Village Subdivision !3d/P rb•ainage area number: Print name: Caviness Land Devclonment. Inc.- Watson Caviness. President Title: Owner Address: 639 Executive Place. Suite 400. Pavettevillc NC. 25305 Note: The legally responsible pang should not be a homeowners association unless more than 30% of the lots have been sold and a resident of the subdivision has been named the president. 1. /,�(l/lL�hL7/fG �% / TL/rG�O�/7!�1 , a Notary Public for the State of A TII_ at 0lr n�, County of Lll�hland do hereby certily that _ W0-7. s0,41 &✓r 4/PSS personally appeared before me this W day of /�2hC./1 cW6 , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, F�GC'; 0: NOTARY PUBLIC SEAL My commission expires k.&4 e- 8 a0/8 Form SW40 I -Infiltration Basin O&M-Itev.3 Page 3 of 3 Lawyer, Mike From: Scott Brown <sbrown@4dsitesolutions.com> Sent: Monday, May 17, 2021 4:59 PM To: Lawyer, Mike Cc: 'PJ Gay' Subject: RE: [External] Blackbridge Village pond transfer agreement ,CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to lama t Spam. It was for increasing the maximum impervious area per lot from 3,000 sf to 4,000 sf. Scott Brown, PE Professional Engineer office: 910-426-6777 ext 102 1 cell: 910-489-6731 1 fax: 910-4265777 On time, every time. I www.4Dsitesolutions.com From: Lawyer, Mike [mailto:mike.lawyer@ncdenr.gov] Sent: Monday, May 17, 20214:54 PM To: Scott Brown <sbrown@4dsitesolutions.com> Cc:'PJ Gay' <PJ@cavinessland.com> Subject: RE: [External] Blackbridge Village pond transfer agreement Scott, I'm reviewing the stormwater permit transfer application for Blackbridge Village and I noticed in our permit database that there was a Minor Revision approved in 2016. 1 have a copy of the revision approval letter in the permit file, but no other documents/plans related to the revision. Do you know the specifics of the revision? I will need to conduct a compliance inspection at the development prior to processing the transfer application. If there are any compliance issues, the current permittee will be responsible for addressing them before the permit can be transferred. Thanks, Mike Michael Lawyer, CPSWQ Environmental Program Consultant Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Phone:910-433-3394 E-mail: mike. lawyer(cDncdenr.gov 225 Green Street, Suite 714 Fayetteville, NC 28301 D� EQO �� Email correspondence to and from this address is subject to the. North Carolina Public Records Law and may be disclosed to third parties. From: Scott Brown <sbrown@4dsitesolutions.com> Sent: Thursday, May 13, 2021 2:08 PM To: Lawyer, Mike <mike.lawyer ncdenr.eov> Cc:'PJ Gay' <PJ@cavinessland.com> Subject: [External] Blackbridge Village pond transfer agreement ;CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to (Report Spam. A hardcopy along with the $505 processing fee for transferring maintenance of the SCM to the HOA will be delivered today. A pdf is attached as required. Let me know if you need additional information. thanks, Scott Brown, PE I Professional Engineer office : 910426-6777 1 ext 102 1 cell: 910489-6731 1 fax: 9104265777 409 Chicago Drive, Suite 112, Fayetteville, NC 28306 On time, every time. I www.4Dsitesolutions.com 41) has implemented a Corona Virus Policy that will remain in effect until the threat of the virus has been eliminated. All face to face meetings are cancelled and will only be scheduled if a phone call cannot accomplish the mission. If a 41D employee or employee family member tests positive for the virus, 41) will go on a 2 week mandatory shut down of all operations. You will not receive any advance notice if this takes place. We hope you understand our concern. Lawyer, Mike From: Scott Brown <sbrown@4dsitesolutions.com> Sent: Tuesday, July 7, 2020 3:24 PM To: Lucas, Annette; Lawyer, Mike Cc: 'PJ Gay' Subject: [External] Blackbridge Village certification (SW6140902) Attachments: Blackbridge Village storm cert.pdf The storm water certification for the above project is attached. thanks, 4Dsite solutions -, - =[4dsrtesolutions.com] Scott Brown, PE Professional Engineer office: 910-426-6777 ext 102 1 cell: 910-489-6731 1 fax: 910426-5777 409 Chicago Drive, Suite 112, Fayetteville, NC 28306 On time, every time. I wwwADsitesolutions.com f4dsitesolutions.coml 4D has implemented a Corona Virus Policy that will remain in effect until the threat of the virus has been eliminated. All face to face meetings are cancelled and will only be scheduled if a phone call cannot accomplish the mission. If a 4D employee or employee family member tests positive for the virus, 4D will go on a 2 week mandatory shut down of all operations. You will not receive any advance notice if this takes place. We hope you understand our concern. State Stormwater Permit Permit No. SW6140902 Caviness Land Development, Inc. Blackbridge Village Subdivision Town of Hope Mills in Cumberland County Designer's Certification C. Scott Brown as a duly registered Civil Engineer in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, Blackbridge Village Subdivision (Project Name) for Caviness Land Development. Inc (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:, r^ i Signature Registration Number Date July 7, 2020 27452 SEAL `SEAL AL 027452 t ',,SCOT-t• gP ,, cc: NCDENR-DEMLR Regional Office Page 1 of 1 �&Tv--A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 10, 2014 Mr. Watson Caviness Caviness Land Development 639 Executive Place Suite 400 Fayetteville, North Carolina 28305 Subject: Stormwater Permit No. S6140902 Blackbridge Village Subdivision in Cumberland County Dear Mr. Caviness: John E. Skvarla, III Secretary OCT 1 6 2014 The Division of Energy, Mineral, and Land Resources (DELMR), received a complete Stormwater Management Permit Application for the subject project on September 25, 2014. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. We are forwarding Permit No. SW6140902, dated October 10, 2014, for the construction, operation and maintenance of the subject project and the infiltration basin. This permit shall be effective from the date of issuance until October 9, 2022 and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes. Per NCGS 143-215(e) the petition must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at.919- 431-3000, or visit their website ai.www.NCOAH.com. Unless such demands are made this permit shall be final and binding. This project will be kept on file at the Fayetteville Regional Office. If you have any questions, or need additional information concerning this matter, please contact Mike Randall at (919) 807-6374; or mike.randall@ncdenr.gov. Sincerely, no forfor T�Davis, PE, CPM, Director cc: SW6140902 File, Fayetteville Regional Office cc: Scott Brown, 4D Site Solutions Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707.9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://Portal.ncdenr.org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper State Stormwater Permit Permit No. SW6140902 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES STATE STORMWATER MANAGEMENT PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Caviness Land Development, Inc. Blackbridge Village Subdivision Blackbridge Road near the Town of Hope Mills in Cumberland County FOR THE construction, operation and maintenance of one infiltration basin in compliance with the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the State and considered a part of this permit. This permit shall be effective from the date of issuance until October 9, 2022, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. The infiltration basin is approved for the management of stormwater runoff as described in the application documents and as shown on the approved plans. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 4. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. II. SCHEDULE OF COMPLIANCE During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The permittee shall at all time provide the operation and maintenance necessary to assure the permitted infiltration basin functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: Page 1 of 4 State Stormwater Permit Permit No. SW6140902 a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of slopes and the filter strip. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans. f. Debris removal and unclogging of all drainage structures, level spreader, filter media, planting media, underdrains, catch basins and piping. g. Access to the cell and outlet structure must be available at all times. ` 3. Records of maintenance activities must be kept for each permitted BMP. The reports will indicate the date, activity, name of person performing the work and what actions were taken. 4. The permittee shall submit an annual summary report of the maintenance and inspection records for the infiltration basin. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 5. The infiltration basin shall be constructed in accordance with the approved plans and specifications, the conditions of this permit,.and with other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the infiltration basin certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. The permittee shall submit to the Director and shall have received approvalfor revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of eight years from the date of the completion of construction. Page 2 of 4 State Stormwater Permit Permit No. SW6140902 10. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form signed by both parties, to the State, accompanied by the supporting documentation. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the State, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed; by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action,, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted-, stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law2006, 246, Title 15A NCAC 21-1.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. Page 3 of 4 State Stormwater Permit Permit No. SW6140902 12. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. Permit issued this the 10th day of October, 2014. Director Division of Energy, Mineral, and Land Resources Page 4 of 4 State Stormwater Permit Permit No. SW6140902 Caviness Land Development, Inc. Blackbridge Village Subdivision Town of Hope Mills in Cumberland County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/ full time) the construction of the project, (Project Name) for (Project owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL cc: NCDENR-DEMLR Regional Office Page 1 of 1 DEMLRUSE ONLY Date Remi1d Fee Paid Permit Number Applicable Rules: ❑ Loastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan: State of North Carolina Department of Environment and Natural Resources RECEIVED Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM' P 2 5 2014 This form may be photocopied for use as an original DENR-LAND QUALITY I. GENERAL INFORMATION STORMWATER PERMITTING 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 2. Location of Project (street address): OCT Off Blackbridge Road City: Near Town of Hove Mills County: Cumberland Zip: 28306 3. Directions to project (from nearest major intersection): Turn left onto Golfview Road at the intersection of Golfview Road and Rockfish Road Then go approximately 1.0 mile south on Golfview Road. Golfview will run into Blackbridge road and the project is located on the 4. Latitude:34° 56' 56.79" N Longitude:78* 58' 46.49" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New ❑Modification ❑ Renewal w/ Modificationt tRenuvals with modifications also requires SWU-102 - Renewal Application Form b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®I-ligh Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑NPDES Industrial Stormwater ®Sedimentation/Erosion Control: 21.1 ac of Disturbed Area ❑404/401 Permit: Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? ®No ❑Yes If yes, see S.L. 2012-200, Part VI: http://portaLncdenr.org/web/h/rules-and-regulations FormSWU-101 Version Oct. 31,2013 Page Iof6 III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization: Caviness Land Development Inc Signing Official & Title: Watson Caviness / Owner b.Contact information for person listed in item I above: Street Address: 639 Executive Place, Suite 400 City: Fayetteville State: NC Zip: 28305 Mailing Address (if applicable): City: Phone: (910 ) 481-0503 Email: watson@cavinessandcates.com Fax: (910 ) 964-9089 Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/ Signing Official & b. Contact information for person listed in item 2a above: Street Address: City: State: Zip: Mailing Address (if applicable): City: State: Zip: Phone: ( ) Fax: ( ) 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Signing Official & Title: b.Contact information for person listed in item 3a above: Mailing Address: City: Phone: Fax: 4. Local jurisdiction for building permits: Cumberland County Point of Contact: Kenneth Hairr Phone #: (910 ) 321-6653 Form SWU-101 Version Oct. 31, 2013 Page 2 of 6 IV. PROJECT INFORMATION 1. , In the space provided below, briefly summarize how the stormwater runoff will be treated. The storm water generated from the site will be captured in an underground pipe system and released into the forebay of the infiltration basin. The water runs through a forebay and then into the main body of the basin. The basin is sized to hold the 100 year storm with no pipe outlet. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW - 1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the Cane Fear River basin. 4. Total Property Area:20.22 acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Aree:20.22 acres Total project area shall be calculated to exclude thefollowing: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal zoetlauds landwardfront the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal eoetlamds laudzaard of the NHW (or MHW) line muay be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 28.9 % 9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Draina e Area 1 Draina e Area Draina e Area Draina e Area Receiving Stream Name Rockfish Creek Stream Class * B Stream Index Number * 18-31-(18) Total Drainage Area (so 952,695 On -site Drainage Area (so 841,384 Off -site Drainage Area (so 111,311 Proposed Impervious Area** (so 1 275,527 % Impervious Area** total 28.9 Impervious— Surface Area Draina e Area 1 Draina e Area _ Draina e Area _ Draina e Area _ On -site Buildings/Lots (so 156,000 On -site Streets (so 98,529 On -site Parking (so On -site Sidewalks (so 12,598 Other on -site (so Future(so Off -site (so 8,400 Existing BUA*** (sf) Total (so: 1 275,527 Stream Class and Index Number can be determined at: luttp:L/portal.ricdenr.org/webhoq(ps/csu/clnssificatious Form SWU-101 Version Oct. 31, 2013 Page 3 of 6 Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ** Report only that amount of existing BUA that will remain after development. Do not report ally existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. Proiects in Union County: Contact DEMLR Central Office sta%fto check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://Liortal.ncdenr.or2/web/wn/ws/su/bmo-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and. Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from littp://Liortal.iicdenr.org/web/wq/ws/su/statesw/`forms does. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://porta1.ncdenr.orh/web/wg/ws/su/statesw/forms does. Ini 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions &Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to hU://www.envhelp.org/pages/onesto�express.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the'/z mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. Form S W U-101 Version Oct. 31, 2013 Page 4 of 6 m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). V ttdb ff h d p. ege a e u ers (w ere requ re ). �� 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verify the SHWT prior to submittal, (910) 796-7378.) A copy of the most current property deed. Deed book: 9446 Page No: 307 For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la; 2a, and/or 3a per 15A NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. httl2://www.secretary.state.nc.us/Corl2orations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://12orta1.11cdenr.org/web/Ir/state-stormwater- forms dots. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer: Consulting Firm: 4D Site Solutions Mailing Address: 409 Chicago Drive, Suite 112 City: Fayetteville State: North Carolina Zip: 28306 Phone: (910 ) 426-6777 ext 102 Email: sbrown©4dsitesolulions.com Fax: (910 ) 426-5777 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or hjpe none of person listed in Contact Information, item 2n) certify that I own the property identified in this permit application, and thus give permission to (print or hjpe name of person listed in Contact Information, item lm) with (print or type name of organization listed in Contact Information, item la) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. Form SWU-101 Version Oct. 31, 2013 Page 5 of *Ns the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. a Notary Public for the State of do hereby certify that before me this _ day of Date: ` �'D — ZQ� 1 4 County of personally appeared and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission X. APPLICANT'S CERTIFICATION I, (print or hjpe mmne of person listed in Contact Information, item to) Watson Caviness certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2I-I .1000 and any other applicable state stormwater requirements.( Signature: �c - Date: �i .� Z 1, ne L r LLB /� '� a Notary Public for the Sate of Alar'Y 1 C Wi/�//?4-,County of XQ do hereby certify that y l e�lL� e9l)yy n e5S personally appeared before me this�> toy df - - , A and a knowledge the due exec lion of the app anon for a stormwater permit. Witness my hand and official sea n J. F Y NOTAR), PUBLIC SEAL My commission Form SWU-101 Version Oct. 31, 2013 Page 6 of 6 �::', i� � . . t .. ',fit �.. �1 � . .y. 4D SITE SOLUTIONS, INC 409 CHICAGO DRIVE SUITE 112 FAYETTEVILLE, NC 28306 PAY. _. TO THE ORDER OF NCDENR BB&T FAYETTEVILLE, NORTH CAROLINA 66-I1 J931 9/16114 $ "505.00 64270 Five Hundred Five and 00/100 "` DOLLARS NCDENR MEMO.. � / �1 � � AUTMORI]-ED SIGNATURE 843-131 ckbIn ye village storm water W"WC I flE&y� w f 8 E51NCWDED. DETAILS ON BACK 11' Storm Water Calculations Blackbridge Village Subdivision EAL 027452 - GItJE� O� SCOT -T r :' ' r ;Ct v4�`.�4Sf . ,' � �tr':�`i - CS�v;?S - ?4 V'I r ,'td � �f ' '. r -. .v ' Blackbridge Village Subdivision Storm Water Control SCS curve number Hydraulic Soi Group : A Area SCS CN Building (so t56,000 98 Pavement (so 111,127 98 Open space (so 574,257 39 Offsite -open space (so 102,911 39 Offsite -impervious (so 8,400 98 Total (so 952695 56 Total (ac) 21.87 Rational Coefficient Predevelopment Postdevelooment Area C Area C Impervious (so 8,400 0.95 Building (so 156,000 0.95 Open space (so 944,295 0.30 Pavement (so 111,127 0.95 Open space (so 574,257 0.30 Total (ac) 952695 0.31 Offsite -open space (so 102,911 0.40 Total (ac) 21.87 Offsite -impervious (so 8,400 0.95 Total (ac) 952695 0.49 Total (ac) 21.87 BR ruimoffcoefficient calcs.xlsx Printed 9/24/2014 _+,4D 51TE 5OLUTIONS, INC. ENswECQIN4 I Blackbridge Village Subdivision Required Storm Volume LAND �urzvEnNS Infiltration Basin 91 CONJTRUCTION LAYOUT I Drainage Area: CfPJ bCRVICEb LAND 21.87 acres DEVELOPMENT Impervious Area: 275,527 sf (6.33 ac) % Impervious: 28.9% 1 inch Storm Event: Rv = 0.05+0.009 1 Rv = runoff coefficient I= percent impervious Rv=0.05+0.009*28.9% = 0.310 For volume that must be controlled: Volume=3,630*Rd*Rv*A Volume = 3,630*(1 inch)*(0.310)*21.87 acres = 24,610 cf dog CWCAC,O DRIVE bUITE 112 FAYETTEVILLE NC 28306 PNaNE 910 426.6777 FAx 910 426-5777 i LNG'INLLRING LAND SuRVLYIN4 CONbTRUCTION LAYOUT C7P�. LRVICL. LAND DLVLLOPMLNT dog CUICA4o DRIVL nUITL 112 fAYLTTLVILLL NC 283o6 POONL. 910 426-6777 FAX 910 426-r777 SOLUTION,5, INC. September 16, 2014 NCDENR Division of Water Quality Attn: Bill Diuguid 512 N. Salisbury Street Raleigh, NC 27604 RE: Phase II Storm Water Submittal, Blackbridge Village Subdivision, Cumberland County, North Carolina We are submitting the Phase II Storm Water permitting package for the Blackbridge Village Subdivision. Please Lind enclosed 2 copies of the construction drawings, application and supplement form, calculations, storm water narrative and a check for $505.00. I look forward to working with you on this project. If you have any questions or concerns, please feel free to contact us. Sincerely, 4D Site Solutions Inc. Ben Lail, El blail a, 4dsitesolutions.com Enclosure on-� RECEIVED SEP 2 5 2014 DENR•L.AND QUALITY STORMWATER PERMITTING �\ 4D 51TE SowTioNS. INC. G NC'INLLZING Blackbridge Village Subdivision Storm Water Narrative LAND The site is current) undeveloped. The site is being developed as a single family residential SURVCYINC' Y P b p g Y CONJTRUCT ION development. The site is located on the northwestern side of Blackbridge Road. The site does not LAYOUT meet the qualifications for a low density development therefore a permanent infiltration basin has CPS SLPVICF.J been designed to treat the storm water from the development. LAND PC vcLOPM CNT The storm water generated from the development will be treated through the use of an infiltration basin located near the eastern edge of the development. The infiltration basin is designed in accordance with the latest NCDENR BMP manual. The storm water is transported from across the site through underground storm drainage systems. The storm water is released into the forebay of the infiltration basin. The basin is designed to control the 100 year storm without having a riser. The basin reduces the peak flow from the development to less than the predevelopment flows for each of the storm events. OCT 1 6 20'/. 4o9 CNICAC,O DRIVG SUITC. 112 FAYCTTGVILLL NC 2a3o6 PNONL 910 426-6777 FAx 910 426-5777 81,(09446 P50301 QUITCLAIM DEED FILED CUMBERLAND COUNTY NC J. LEE WARREN, JR. REGISTER OF DEEDS FILED Jun 10, 2014 AT 04,21:00 pin BOOK 09446 START PAGE 0307 END PAGE 0309 INSTRUMENT# 16816 RECORDING $26.00 EXCISE TAX (None) LAS Instrument Prepared By: Richard A. Galt, PLLC, 2533 Raeford Road, Fayetteville, NC 28305 Mail After Recording To: Richard A. Gait, PLLC - BOX Excise Tax: $0 Tax ID No.: 0403-56-8794 NO TITLE EXAMINATION REQUESTED OR PERFORMED NO OPINION ON TITLE RENDERED. State of North Carolina County of Cumberland THIS DEED, made this 29" day of May, 2014 by and between JOHNNIE H. BUNNELLS, and wife, ELEANOR YATES BUNNELLS, collectively, "Grantor', and CAWNESS LAND DEVELOPMENT, NC, "Gramee" with a mailing address at 639 Executive Place, Suite 400, Fayetteville, NC 28305. WITNESSETIL OCT 1 6 201-i That said Grantor, for and in consideration of the sum of Ten Dollars and 00/100 ($IO.QO} Dollars to Grantor's in hand paid, the receipt of which is hereby acknowledged, has remiscd'and by these presents does remise, convey, release, and forever quitclaim unto Grantee and its successors and assigns, all right, title, claim, and interest of said Grantor in and to a certain tract or parcel of land lying and being in the County of Cumberland, and State of North Carolina, and more particularly described as follows: FOR LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MAIZE A PART HEREOF BY THIS REFERENCE. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges thercunto belonging to Grantee and its successors and assigns, free and discharged of all right, title, claim, or interest of Grantor or anyone claiming by, through, or under them. N WITNESS WHEREOF, Grantor has hereunto set their hands and seals effective the day and year first above written. _ (SEAL) thnnie H. Bunnells Eleanor Yates. ells g09446 PB0308 STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND 1,IALv/Wr-\'1 a Notary of the County and State aforesaid, do he certify that Johnnie H. Bunnells and Eleanor Yates. Bunnells personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, the %sari day of May, 2014. Not yaA P My commission expires: _ m- \ (N.P. SEAL) RICHARDAGALT rana.rrarrta�e.++ �vom+raer. tmao+. 8K09446 P60309 FXHII3PP"A" LEGAI, DESCRIPTION Beginning at a point said point being a corner of Lot e3 and the northwest corner of the cemetary lot as shown on a map entitled Property of Cleo Small 45 recorded in Plat Book 62, page 93 Cumberland County Registry and running thence South 17 degrees 34 minutes 30 seconds East 150.00 feet to a Point; thence Worth 68 degrees 15 minutes 30 seconds East 370.17 feet to a point; thence South 14 degrees 29 minutes West 510,21 feet to a point on the northern right -of -.ay margin of S.R. 01115; fh..nce with said margin South 47 degrees 50 minutes West 1043.13 feet to a point; thence Worth 29 degrees 34 minutes 30 seconds West 1016.25 feet to a point in a line of Lot 03 thence with said line Worth 74 degrees 2S minutes 30 seconds East 1060.29 feet to the beginning. Containing 20 acres ,ore or less. See Plat Booh 52. page 43. 7 , North Carolina Secretary of State Page I oft Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OFTHE Secretary SECRETARY OF STATE PO Boa 29622 Ralekjh, NC 27626-0622 (919)607-2000 Date: 9/8/2014 Click here to: View Document Filings I File an Annual Report =jJ. Print a pre -populated Annual Report Form I Amend A Previous Annual Report Corporation Names Name Name Type NC CAVINESS LAND LEGAL DEVELOPMENT, INC. NC CAROLINA EQUIPMENT PREV LEGAL RENTALS, INC. Business Corporation Information SOSID: 0368182 Status: Current -Active Effective Date: 5/2/1995 Citizenship: DOMESTIC _ r State of Inc.: NC OCT 1 0 '. Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: CAVINESS, WATSON GODWIN Office Address: 639 EXECUTIVE PLACE,STE. 400 FAYETTEVILLE INC 28301 Mailing Address: Principal Office Office Address: Mailing Address: Officers/Company Officials Title: Name: Business Address: Stock Class Shares 639 EXECUTIVE PLACE,STE. 400 FAYETTEVILLE INC 28301 639 EXECUTIVE PLACE,STE. 400 FAYETTEVILLE NC 28301 639 EXECUTIVE PLACE,STE. 400 FAYETTEVILLE NC 28301 PRESIDENT WATSON GODWIN CAVINESS 374 VALLEY RD FAYETTEVILLE NC 28305 No Par Value Par Value http://www.secretary.state.nc. us/corporations/Corp.aspX'?Pitcm Id=4929326 9/8/2014 North Carolina Secretary of State Page 2 of 2 COMMON 100000 1 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3952 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4929326 9/8/2014 Southeastern Soil & Environmental Associates, lnco P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike@ southeastemsoil.mm February 24, 2014 Mr. Scott Brown, PE 4D Site Solutions. Inc. 409 Chicago Drive, Suite 112 Fayetteville, NC 28306 Re: Hydraulic conductivity (permeability) analysis & seasonal water table determination (SH WT) for potential stormwater retention area, Blacks Bridge Road Subdivision, 0403- 56-8794-, Cumberland County, North Carolina Dear Mr. Brown.^? An evaluation of soil properties and hydraulic conductivity (Ksat) has been conducted at your request on the aforementioned property. The purpose of the investigation was to determine soil water table depths (SHWT) based on soil profiles. In addition, Ksat was to be provided at varying depths for use with stormwater retention basin design. Saturated hydraulic conductivity of the unsaturated zone was measured in a similar method as described in the Soil Science Society of America Journal, Vol. 53, no 5, Sept. - Oct. 1989, "A Constant Permeameter for Measuring Saturated Hydraulic Conductivity of the Vadose Zone" and Comparison of the Glover Solution with the Simultaneous Equations Approach for Measuring Hydraulic Conductivity." This consists of advancing a small diameter bore hole to a predetermined depth. At this depth, a constant head (pressure) was established and maintained. Flow measurements were made at timed intervals after flow stabilized. Soils at the proposed basin site are most similar to the Candor soil series (sec attached boring logs). Four borings were advanced to 12.50 feet below the ground surface. Seasonal High Water Table (SH WT) as determined by evidence of colors of chroma 2 or LA Gk less (and/or concentrations of high redox mottles) was encountered at depths of 96 to greater than 160 inches below the ground surface. Observed water levels are noted in ? each boring on the day of testing (see attached). SOIL/SITF EVALUATION • SOIL PHYSICAL ANALYSIS • LAND USE/SUBDIVISION PLANNING • WETLANDS GROUNDWATER DRAINAGE/MOUNDING • SURFACE/SUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION 8 DESIGN Five compact constant head permeameter (CCHP) tests were conducted at varying depths below the ground surface (see attached). The measured Ksat rate ranged from 0.277 to 5.129 cm/hr (equivalent to 0.109 to 2.019 inches/hour). The attached map shows locations of the sample points as well as Ksat location. It should be noted that the reported SIJWT does not necessarily reflect the elevation of static groundwater (due to variations in groundwater recharge rates, annual rainfall, drought conditions, etc.). Observed water levels are simply a measurement on the day of analysis. The data presented in this report are limited by a number of considerations. The primary consideration is that soil formations can be highly variable. The soils found on this site can be subject to inclusions of other soil types, perched water, artesian conditions and/or layers of undulating low permeability clay seams. These and other soil conditions can have an affect on the steady state of groundwater flow. To the extent possible, we have identified the soil types that will impact the flow of groundwater, and have provided a professional opinion as to the depth of Sl'IWT. I trust this is the information you require at this time. Sincerely, Mike Faker NC Licensed Soil Scientist 41030 �.SEp SOIL 4 CJ�� CL D. (PP, NO4@' 1030 (��%� S��CIIIINOeTti Southeastern Soil & Environmental Associates, lII I c. P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike®southeastemsoil.com SHWT depths, Blacks Bridge Road Subdivision, 0403-56-8794-, Cumberland County, North Carolina BORING SHWT DEPTH (inches) Observed Water (inches) 1 96 110 2 >150 None 3 >160 None 4 103 121 SOIUSITE EVALUATION • SOIL PHYSICAL ANALYSIS • LAND USEISUBDIVISION PLANNING - WETLANDS GROUNDWATER DRAINAGEIMOUNDING • SURFACE/SUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION & DESIGN Southeastern Soil & Environmental Associates, lnco P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike Osoutheastemsoil.com Measured Ksat Rates, Blacks Bridge Road Subdivision, 0403-56-8794-, Cumberland County, North Carolina Ksat Ksat Location Depth in cm/hr in/hr 1 72 2.134 0.840 2 123 1.465 0.575 3 108 0.279 0.110 3 128 5.129 2.019 4 79 0.813 0.320 SOIUSITE EVALUATION • SOIL PHYSICAL ANALYSIS - LAND USFJSUBDIVISION PLANNING • WETLANDS GROUNDWATER DRAINAGE/MOUNDING • SURFACEISUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION & DESIGN Southeastern Soil & Environmental Associates, Inc. P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike@southeasternsoit.com Typical Soil Boring Log (Borings 1 & 4), Blacks Bridge Road Subdivision, 0403-56- 8794-, Cumberland County, North Carolina This map unit consists of somewhat excessively drained soils that formed in sandy and loamy sediment on uplands. Slopes range from 2 to 5 percent. A - 0 to 2 inches; dark grayish brown (1 OYR 4/2) sand; weak fine granular structure; very friable; few fine roots; abrupt smooth boundary. E - 2 to 36 inches; yellowish brown (1 OYR 5/6) loamy sand; weak fine granular structure; very friable; few fine roots; abrupt wavy boundary. Btl - 36 to 43 inches; strong brown (7.5YR 5/6) sandy loam; weak fine subangular blocky structure; friable; gradual wavy boundary. E' 1 - 43 to 60 inches; brownish yellow (I OYR 6/8) fine sand; single grained; loose; very friable; common fine pockets of clean sand; gradual diffuse boundary. E'2 - 60 to 86 inches; very pale brown (1 OYR 7/4) fine sand; single grained; loose; very friable; clear smooth boundary. Wtl- 86 to 96 inches; strong brown (7.5YR 5/8) sandy loam; weak fine subangular blocky structure; friable; gradual diffuse boundary. Cl - 96 to 114 inches; mixed mottled brownish yellow (1 OYR 6/8), red (2.5YR 4/8) and light brownish gray (I OYR 6/2) sandy clay loam; massive structure; firm; gradual diffuse boundary. C2 - 114 to 150 inches: light brownish gray (1 OYR 6/2) sandy clay; many medium prominent red (2.5YR 4/8) and brownish yellow (l OYR 6/8) mottles; massive structure; very firm. SHWT @ 96 inches (1 OYR 6/2) in boring "1" SHWT @ 103 inches (10YR 7/2) in boring "4" - SOIUSITE EVALUATION • SOIL PHYSICAL ANALYSIS • LAND USE/SUBDIVISION PLANNING • WETLANDS GROUNDWATER DRAINAGE/MOUNDING • SURFACE/SUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION 8 DESIGN Southeastern Soul & Environmental Associates, Inc. P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike@southeasternsoil.com Soil Boring Log (Boring 2), Blacks Bridge Road Subdivision, 0403-56-8794-, Cumberland County, North Carolina This map unit consists of somewhat excessively drained soils that formed in sandy and loamy sediment on uplands. Slopes range from 2 to 4 percent. A - 0 to 2 inches; dark grayish brown (I OYR 4/2) sand; weak fine granular structure; very friable; few fine roots; abrupt smooth boundary. E - 2 to 26 inches; yellowish brown (I OYR 5/6) loamy sand; weak fine granular structure; very friable; few fine roots; abrupt wavy boundary. BtI - 26 to 41 inches; yellowish brown (I OYR 5/8) sandy loam; weak fine subangular blocky structure; friable; gradual wavy boundary. E' - 41 to 75 inches; brownish yellow (10YR 6/8) fine sand; single grained; loose; very friable; common fine pockets of clean sand; gradual diffuse boundary. Wt- 75 to 110 inches; strong brown (7.5YR 5/8) sandy loam; weak fine subangular blocky structure; friable; gradual diffuse boundary. CI - 110 to 150 inches; red (2.5YR 5/8) sandy loam; massive structure; very friable. SHWT> 150 inches SOIU51TE EVALUATION • SOIL PHYSICAL ANALYSIS • LAND USEISUBDIVISION PLANNING • WETLANDS GROUNDWATER DRAINAGE/MOUNDING • SURFACE/SUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION 8 DESIGN Southeastern Soil & Environmental Associates, inc. P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike@southeasternsoil.com Soil Boring Log (Boring 3), Blacks Bridge Road Subdivision, 0403-56-8794-, Cumberland County, North Carolina This map unit consists of somewhat excessively drained soils that formed in sandy and loamy sediment on uplands. Slopes range from 2 to 4 percent. A - 0 to 2 inches; dark grayish brown (1 OYR 4/2) sand; weak fine granular structure; very friable; few tine roots; abrupt smooth boundary. E - 2 to 26 inches; yellowish brown (1 OYR 5/6) loamy sand; weak fine granular structure; very friable; few fine roots; abrupt wavy boundary. Btl - 26 to 41 inches; yellowish brown (I OYR 5/8) sandy loam; weak fine subangular blocky structure; friable; gradual wavy boundary. E' - 41 to 73 inches; brownish yellow (1 OYR 6/8) fine sand; single grained; loose; very friable; common fine pockets of clean sand; gradual diffuse boundary. Wt- 73 to 117 inches; strong brown (7.5YR 5/8) sandy loam; weak fine subangular blocky structure; friable; gradual diffuse boundary. C1 - 117 to 140 inches; yellow (I OYR 7/8) coarse sand; single grained; loose; very friable; clear smooth boundary. C2 - 140 to 160 inches; strong brown (7.5 YR 6/8) coarse sand; single grained; loose; very friable. SHWT> 160 inches SOIL/SITE EVALUA71ON • SOIL PHYSICAL ANALYSIS • LAND USE/SUBDIVISION PLANNING • WETLANDS GROUNDWATER DRAINAGE/MOUNDING • SURFACE/SUSSURFACE WASTE TREATMENT SYSTEMS, EVALUATION A DESIGN P.O. Box 9321 Soil Boring/Ksat Location (Caviness) Blacks Bridge Road, Cumberland County, NC US State Plane 1983 Scale 1:4,000 CAVINESS-SED.SSF North Carolina 3200 N NAD 1983 (Conus) 0 _ — 500; 0 2/17/2014 GPS PathfinderoOffice Feet SOIU61TE EVALUATION • SOIL PHYSICAL ANALYSIS • LAND U5E/SUBDIV1510N PLANNING • WETLANDS GROUNDWATER DRAINAGE/MOUNDING • SURFACE/SUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION 8 DESIGN Randall, Mike From: Scott Brown [sbrown@4dsitesolutions.com] Sent: Thursday, October 09, 2014 4:23 PM To: Randall, Mike Subject: Fwd: Blackbridge Village SubDivision Attachments: caviness-blackbridge-soilrpt.pdf; blacksbridge-sed.pdf; Blackbridge Road.pdf See beolw. There are 3 soil borings. We are using 2 of the 3. We are only using the bottom area for infiltration where the 2 points exceed 150 in. The remainder is for storage. Scott Brown, PE 4D Site Solutions, Inc Sent from my Verizon smartphone -------- Original message -------- OCT 1 6 From: Ben Lail <blail a 4dsitesolutions.eom> I Date:10/09/2014 4:11 PM (GMT-05:00) To: Scott Brown <sbrown n.4dsitesolutions.com> Subject: RE: Blackbridge Village SubDivision _"! I have attached a grading sheet. He is correct that we do have two points that,are less however I am only using the part of the pond for infiltration that falls back towards the other two points. Points 2 & 3 are what we are going by and they are greater than 150 inches. The thick line that I put in there represents where I cut off the infiltration part. Ben Lail, El I Design Engineer office: 910-426-6777 fax: 910-426-5777 On time, every time. w AOsitesolutions.com From: Scott Brown[mailto:sbrown(o)4dsitesolutions.com] Sent: Thursday, October 09, 2014 3:56 PM To: Ben Lail Subject: Fwd: Blackbridge Village SubDivision Check this out and email me back. Email me the soil report and grading plan showing the 2 points from Mike to include info on pond design. Scott Brown, PE 4D Site Solutions, Inc Sent from my Verizon smartphone -------- Original message -------- From: "Randall, Mike" <mike.randallnncdenr.eov> Date:10/09/2014 3:32 PM (GMT-05:00) To: Scott Brown <sbrown(r,4dsitesolutions.com> Subject: Blackbridge Village SubDivision Scott, I need you to check the SHWT. Our 15A NCAC 02H .1008 rules require "the bottom of infiltration systems to be a minimum of two feet above the seasonal high water table." The soils reported between 8 feet and 13 feet below surface grade and the bottom of the infiltration system appears to be about 10-11 feet down. Otherwise everything looks good. Mike Randall Stormwater Permitting Program NC Division of Energy, Mineral and Land Resources (DEMLR) 1617 Mail Service Center Raleigh, NC 27699-1617 Office: 919-807-6374 Cell: 919-389-7801 Email correspondence to and from this address may be subject to public records laws