WQ0015515_More Information (Received)_20230920

ARTICLES OF INCORPORATION
S7 C 8 Q r4j 0 % it OF EFFLCTIVL
HEAVENLY MOUNTAIN RFSmENTIAL ASSOCUTION, INC. EUUNE F WMC-�
SECRET}A�RY OFF STATE
The undersigned, being of the age of eighteen (19) years or more, does hereby make and acJat�lTtdge Articles of
incorporation for the purpose of forming a nonprofit corporation under the laws of the State of North Carolina
F1 LED
M 2 1 M7
Article 1. Name. The name of the corporation is Heavenly Mountain Residential Association, Inc. (the 'Associatim ).
Article 2. Principal Office. The initial principal office of the Association is located in Watauga County, North
Carolina and its street address is 2794 Little: Laurel Road, Boone, NC 29607.
Article 3. Duration. The Association shall have perpetual duration.
Article 4. Applicable Stance. The corporation is organized pursuant to the provisions of the North Carolina Nonprofit
Corporation Act.
its members.
Article 5. Purposes and Powers. The Association does not contemplate pecuniary gain or profit, direct or indirect, to
(a) In way of explanation and not of limitation, the purposes for which it is formed are:
(i) to be and constitute the Association to which reference is made in the Decimation of Coveaa M Restrictions
and Easements for Heavenly Mountain ('Declaration'), recorded or to be recorded in the Office of the Register of Deeds for Watauga County,
North Carolina, to perform all obligations and duties of the Association, and to exercise all rights and powers of the Association, as specified
therein, in the By -Laws of the Association ('By -Laws') and as provided by law; and
(U) to provide an entity for the furtherance of the interests of the owners of property subject to the Declaration.
(b) In furtherance of its purposes, the Association shall have the following powers, which, unless indicated otherwise by
the Declaration or By -Laws, may be exercised by its board of directors:
(i) all of the powers conferred upon nonprofit corporations by common law and the statutes of the State of North
Carolina in effect from time to time;
(ii) all of the powers necessary or desirable to perform the obligations and duties and to exercise the rights and
powers set out in these Articles, the By -Laws, or the Declaration, including, without limitation, the following:
(1) to fix and to collect assessments or other changes to be levied;
(2) to manage, control, operate, maintain, repair, and improve property subject to the Declaration or any
other property for which the Association by covenant, contract, or agecnent has a right or duty to provide such services;
(3) to enforce covenants, conditions, or restrictions affecting any prolaty to the extent the Association may
be authorized to do so under the Declaration, the By -Laws, or the instrument of which such covenants, conditions, or restrictions as a part;
(4) to engage in activities which will actively foster, promote, and advance the common interests of all
owners of property subject to the Decimation;
(5) to buy or otherwise acquire, sell or otherwise dispose of, mortgage or otherwise encumber, exchange,
lease, hold, use, operate, and otherwise deal in and with real, personal, and mixed property of all kinds and any right or interest therein for any
purpose ofthc Association;
(6) to borrow money for any purpose;

(7) to enter into, make, perform, or enforce contracts of every kind and description, and to do all other acts
necessary, appropriate, or advisable in carrying out any purpose of the Association, with or in association with any other entity or agency,
public or private;
(8) to act as agent, trustee, or other representative of other corporations, firms, or individuals, and as such to
advance the business or ownership interests in such corporations, firms, or individuals;
(9) to adopt, alter, and amend or repeal such By -Laws as may be necessary or desirable for the proper
management of the affairs of the Association; provided, however, such By -Laws may not be inconsistent with or contrary to pay provisions of
the Declaration; and
(10) to provide any and all supplemental services astray be necessary or desirable to serve the interests of the
owners of property subject to the Declaration.
(c) The foregoing enumeration of powers shall not limit or restrict in any manor the exercise of other and further rights
and powers which may now or hereafter be allowed or permitted by law; and the powers specified in each of the paragraphs of this Article S are
independent pourers, not to be restricted by reference to or inference from the terms of any other paragraph or provisions of this Article S.
Article 6. Membership. The Association shall be a membership corporation without certificates or shares of stock. The
Developer and each Person who is the Owner of a Unit (as such capitalized terns are defirwd in the Declaration) are members and shall be
entitled to vote es set forth in the Declaration and the By -Laws.
Article 7. Board of Directors. The business and affairs of the Association stall be governed by a board of directors. The
number, qualification, method of selection and term of office of directors shall be as set forth in the By -Laws. The initial directors and their
addresses shall be as follows:
Soott Walker David Kaplan
2794 Little Laurel Road 435 L'Ambiance G 701
Boone, NC 29W Longboat Key, FL 34228
Marc T. O'Brien
2794 Little Laurel Road
Boone, NC 286M
Article B. indemnification of Directors. To the extent consistent with the North Carolina Nonprofit Corporation Act, as it
exists on the date hereof or as it may hereafter be amended, the Association shall indemnify its officers and directors as required by the By-
laws. No amendment to or repeal of this Article shall apply to or have any effect on the liability or alleged liability of any dnoctm of the
Association for or with respect to any acts or omissions of such director occurring prior to such amendment or repeal.
Article 9. Dissolution. The Association maybe dissolved only upon a resolution duly adopted by the board of Rectors and
the affirmative vote of members who are Owners of not less than two-thirds (2/3) of the Units, and the consent of the Developer, so long as the
Developer owns any property subject to the Declaration or which may unilaterally be subjected to the Declaration by the Developer. Upon
dissolution of the Association, any remaining real property of the Association shall be dedicated to an appropriate nonprofit corporation or
public agency to be used for purposes similar to those for which this Association was created.
Article 10. Merw and Consolidation. The Association may merge or consolidate only upon a resolution duly adopted by
the board of directors and the affirmative vote of members who are Owners of not less than two4hirds (2/3) of the Units and the consent of the
Developer, so long as the Developer owns any property subject to the Declaration or which may unilaterally be subjected to the Declaration by
the Developer.
Article 11. Amendments. These Articles may be amended only upon a resolution duly adopted by the board of directors and
the affirmative vote of at least two-thirds (2/3) of the total eligible votes of the members, and the consent of the Developer so long as the
Developer owns any property subject to the Declaration or which may unilaterally be subjected to the Declaration by the Developer, provided
2

however, no members shall be entitled to vote on any amendment to these Articles of Incorporation adopted for the sole Purpose of complying
with the requkements of any governmental or quasi governmental entity (including, without limitatiwi, HUD or VA) or institutional lender
authorized to fund, insure or guarantee nwrtgages on individual Units, as such requirernents may exist from time to time, which amendments
may be adopted by the board of directors without membership approval.
Article 12. Inaaryorator. The name and address of the incorporator is as follows:
Scott Walker
2794 Little Laurel Road
Boone, NC 29607
Article 13. Registered Anent and Office. The initial registered office of the Corporation is 2794 Little Laurel Road, Watauga
County, Boone, North Carolina 29607, and the initial registered agent at such address is Scott Walker.
41 WITNESS WHEREOF, the undersigned incorporator has executed these Articles of is� C.
Scott Walker
Incorporator
2794 Little Laurel Road
Boone, NC 28607
[phone]

From: Brice Leonard
To: Parente. Leah
Cc: Caudle. Caitlin; Graznak, Jenny; Snider, Lon; Thornburg, Nathaniel; hmraofficemanager(obgmail.com;
mbeuchert(algmai l.com
Subject: [External] Re: WQ0015515 - Bear Pen Village WWTP - Additional Information Request
Date: Thursday, August 3, 2023 1:48:13 PM
Attachments: image001.g_no
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Greetings,
As property manager of Heavenly Mountain, I can confirm that Missy Beuchert and Barbara
Beuchert are the same person. (Missy is a nickname.). I will make sure to forward the articles
of incorporation for Heavenly Mountain to you ASAP.
Sincerely,
Brice Leonard
HMRA Prop Mngr
508-633-5217
On Thu, Aug 3, 2023 at 1:39 PM Parente, Leah <leah.parente o.deq.nc.gov> wrote:
Dear Ms. Beuchert
Division of Water Resources' Central and Regional staff has reviewed the application
package received on May 24, 2023. However, additional information is required before the
review may be completed. Please address the items on the attached letter no later than the
close of business on September 5, 2023.
Please be aware that you are responsible for meeting all requirements set forth in North
Carolina rules and regulations. Any oversights that occurred in the review of the subject
application package are still the Applicant's responsibility. In addition, any omissions
made in responding to the outstanding items in the attached letter, or failure to provide
the additional information on or before the above requested date may result in your
application being returned as incomplete pursuant to 15A NCAC 02T .0107(e)(2).
Please reference the subject application number when providing the requested information.
All revised and/or additional documentation shall be signed, sealed and dated (where
needed), with an electronic response submitted to Leah Parente's attention at:
https://edocs. deq.nc.gov/Forms/NonDischarge-Branch-Submittal-Form-Ver2.
If you have any questions regarding this letter, please contact me at your convenience.
Sincerely,
Leah H. W. Parente

Geologist/Hydrogeologist
Division of Water Resources — Non -Discharge Branch
North Carolina Department of Environmental Quality
Office: [phone]
leah.parente o.ncdenr.gov
Effective May 18, 2023, the Non -Discharge Branch has multiple engineering vacancies.
As a result, our response and review times will be slower than normal. Thank you in
advance for your patience.
— W% k �.b �
D7 E
NORTH CAROLINA �pQ
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties by an authorized state official.
Brice Leonard

From: Brice Leonard
To: Laura Benezra; Parente, Leah
Subject: [External] Heavenly Mountain wastewater system
Date: Wednesday, September 20, 2023 8:27:25 AM
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Greetings Leah,
This email is to confirm that Heavenly Mountain Residential Association resolved the issue
with our above ground, waste water, storage tank and satisfied concerns that the regional
office has.
We treated areas inside the tank. We also observed that there's absolutely no areas of
dampness in the vicinity of the tank anymore. The regional office did come out to observe
that this is true.
Please let me know if there's any unresolved issues that I can help with.
Sincerely
Brice Leonard
HMRA Prop Mngr
1896 Heavenly Mountain Dr.
Boone, NC. 28607.