SW8000731_HISTORICAL FILE_20091203

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO. SW Sm)73 1
DOC TYPE El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOCDATE I ��)���()t)
YYYYMMDD

;A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 3, 2009
Mr. Tom Ballinger, President
Beasley Village Homeowners Assoc.
1117 Shelby Court
Wilmington, NC 28409
Subject: Session Law 2009-406 --- Permit Extension '
Stormwater Permit #SW8 000731
High Density -- Beasley Village Subdivision
New Hanover County
Dear Mr. Ballinger:
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any .;0
development approval issued by the Division of Water Quality under Article 21 of
Chapter 143 of the General Statutes, which is current and valid at any point between
January 1, 2008, and December 31, 2010. The law extends the effective period of any
stormwater permit that is set to expire during this time frame to 3 years from its current
expiration date,
Accordingly, Stormwater Permit # SW8 000731, which was set to expire on
October 19, 2010, is now in effect until October 19, 2013. Please resubmit the renewal
application and fee at least 180 days prior to October 19, 2013, which would be
April 19, 2013. A copy of the Renewal Application can be obtained from the following
website: http://h2o.enr.state.nc.us/su/bmp forms.htm.
If you have any questions, please'contact the Division of Water Quality in the
Wilmington Regional Office at 910-796-7215.
Sincerely,
<-�4
Georgette Scott
Stormwater Supervisor
Division of Water Quality
S:IWQSISTORMWATERIRENEWAL1SL2009-4061000731.dec09
CC' Wilmington Regional Office
Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 25405 One
Phone: [phone] FAX: [phone] Customer Service: 1-577-623-6748 North Carolina
Internet: www.ncwalerquality.org nhallyAn Equal CpportunitylAttirmativeAction Employer

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r 11/22/2002 17:- 19 -` 910-350-1674 TOMMY DAVIS
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TOMW DAVIS CONSTRT. MON, INC.
6423 Hawk AU Drive
witmiogb=6 NC 29409
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RECEIVED
FEB 16 2001
SEAY LAW FIRM
ATTORNEYS AND COUNSELORS AT LAW BY:
519 MARKET STREET
WILMINGTON, NORTH CAROLINA 28401
JAMES L. SEAY, JR. TELEPHONE: [phone]
CHARLTON L. ALLEN FACSIMILE: [phone]
E-mail address: [e-mail]
February 13, 2001
NC Dept of Envionment and Natural Resources
ATTN: Linda Lewis and Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Permit No. SW8000731
Davis Tract Subdivision
Dear Linda and Rick:
Please find enclosed the following:
1. Copy of the recorded Restrictive Covenants for the project;
2. Copy of the recorded map;
3. Copy of the Articles of Incorporation for Homeowners Association; and
4. Copy of By-laws for the Homeowners Association.
If you have any questions, please feel free to call me.
inc el ,
J. Seay, Jr.
J Jr/dih
En losures
cc. Tommy Davis

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Tommy Davis Construction, Inc. Beasley Villa 4e
6423 HowksB1II Drive Wilmington Township New Hanover County North rolina
Wlmingtan, N. Cnrnlinn 28409
TIOiIFIS SURVEYING COMPANY, INC. CorLl P a L
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANVOVER
FOR REGISTRATION REGISTER OF DEEDS
NEWBHANOVER COUNTY, N
2001 FEB COUNTY, NC
BK;2879 PG-02 10:52:43 AM
IFdSTRUMENT5a0-520 FEE $2& 00
2001003756
DECLARATION OF COVENANTS,
CONDITIONS and RESTRICTIONS
for BEASLEY VILLAGE
THIS DECLARATION, made on the �day of
YCarolina---'
2001 b TOMMY DAVIS CONSTRUCTION, IN4C , a a North Carolin
corporation, hereinafter referred to as "Declarant".
W I T N E S S E T H:
WHEREAS, Declarant is the owner of certain property (the
Properties) in the City of Wilmington, County of New Hanover and
State of North Carolina, which is more particularly described as:
Being all of Beasley Village as the sam is shown on a
map thereof recorded in Map Book �O at Page of the New
Hanover County Registry.
NOW THEREFORE, Declarant hereby declares that all of the
Properties described above shall be held, sold and conveyed
subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with, the real property and
be binding on all parties having any right, title or interest in
the described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each
owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to the
Beasley Village Homeowners Association, Inc., its successors and
assigns.
Section 2. "Owner" or "Owners" shall mean and refer to the
record owner, whether one or more persons or entities, of a fee
simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
Section 3. "Properties" shall mean the real property
hereinbefore described, and such additions thereto as may
hereafter be brought within the jurisdiction of the Association.
Section 4. "Common Area" and "Limited Common Area": There
is hereby dedicated, in favor of the Association, a certain
Infiltration Basin and Drainage Easement, as required by the
State, for which the Association shall be responsible to
maintain. To the extent that the Association is specifically
obligated to maintain such Infiltration Basin, as hereinafter
described, and shall require access thereto over the Lots, then
said Infiltration Basin, as shown on the recorded map of the
Properties may also be referred to as Limited Common Area.
Sectio_n_5_. "Lot" shall mean and refer to any plot of
subdivided land shown upon any recorded subdivision map of the
Properties.
Section 6. "Declarant" shall mean and refer to Tommy Davis
Construction, Inc., its successors and assigns. The Declarant is
the developer of Properties.
Page I of 10

ARTICLE II
USE RESTRICTIONS
Declarant subjects each Lot in Beasley Village to the
following covenants, conditions and restrictions, running with
the land:
1. Single Family Homes: No Lot shall be used except
for single family residential purposes. No building or structure
shall be erected, altered, placed or permitted to remain on any
Lot other than one detached, single family dwelling with
garage/carport and wooden deck. No concrete block, concrete
brick, asbestos siding, stucco siding, cinder block nor'masonite-
type siding shall be used for the exterior of any dwelling or
garage/carport. Only wood frame dwellings and garage/carport
with vinyl siding, solid wood siding or clay -brick exteriors may
be constructed. No garage or carport as originally constructed
by the builder may be altered of converted into dwelling area.
A utility shed may be constructed or placed in the rear of the
dwelling, outside of the Infiltration Basin area, consistent in
design, materials and harmony with the dwelling. No mobile home,
modular home or prefabricated residential structure shall be
erected or placed or allowed to remain upon any Lot.
2. Minimum Size of Homes: No dwelling smaller than
1100 square feet of heated floor space shall be constructed on
any Lot.
3. Temporary Structures and Clotheslines: No trailer,
tent, shack, barn camper other similar structure shall be
erected or placed on any Lot. Also, no permanent clotheslines
shall be permitted on any Lot, except portable clothes stands
located in the rear of the dwelling.
4. Set Backs: Since the establishment of standard
inflexible building setback line- for location of houses on lots
tends to force construction of houses directly to the side of
other homes with detrimental effects on privacy, view
preservation of trees and other related considerations, no
specific setback lines are herein established. Reference is,
however, made to any governmental mandated setbacks as may be
required by subdivision ordinances or zoning laws.
5. Subdivision of Lot: No Lot shall be subdivided, or
its boundary lane changed without the written consent of the
Declarant. However, the Declarant, prior to an affected Lot
being conveyed, hereby expressly reserves the right to re -plat
any Lot or change the alignment or placement of any road as
required in Declarants sole discretion and to take such other
steps as are reasonably necessary to make such re -platted Lot
suitable and fit as a building site.
6. Water and Sewer: Domestic water is available only
through the City of Wilmington water system or other suitable
government regulated system. Owners may drill shallow wells for
irrigation purposes and for non -domestic water use, provided all
such wells and pumps meet applicable codes, are not visible from
any street, and are properly enclosed and landscaped. Sewage
disposal shall be only by tapping into the City of Wilmington
sewer system or other suitable government regulated system.
7. No Offensive Activities: No noxious or offensive
trade or activity shall be carried on, nor shall anything be done
thereon which may be or become an annoyance or nuisance to the
neighborhood. In this regard, no Lot may be used for commercial,
industrial or professional business purposes.
8. Animals: No domesticated farm animals or poultry
of any kind, other than house pets, shall be kept on any Lot.
House pets are subject to governmental regulations and ordinances
governing the same, including City of Wilmington leash.laws.
R'ige 2 of 10

9. Maintenance of Grounds and Homes: It shall be the,
responsibility of each Owner to prevent the development of any
unclean, unsightly, or unkept condition of buildings or grounds
on his or her Lot which would tend to decrease the beauty of the
neighborhood:as a whole or the specified area. Every Owner shall
keep his or her Lot mowed regularly, including that area from the
Lot line to the edge of the street and including Infiltration
Basin and drainage easements shown on the recorded map. Every
Owner shall keep said Lot, infiltration Basin and drainage
casements clear of rubbish, trash and unsightly debris. In the
event that the Owner of any Lot breaches the requirements and
restrictions set forth in this paragraph, the Association is
delegated and reserves the right to enter upon the said Lot and
mow the grass, clean and remove such rubbish, trash and unsightly
debris at Owners expense. The North Carolina Department of
Environment and Natural Resources requires, among other things,
that the vegetative cover within the Infiltration Basin, as shown
on the recorded map, be mowed to maintain a maximum height of six
inches.
10. Fences: No chain link fence shall be erected or
permitted to remain on any Lot. Treated wood fences as
constructed by the Declarant shall be permitted. On all Lots
having buffer fences installed by the Declarant, the Owner shall
be responsible for maintaining the fence in its original
condition unless the responsibility for maintenance of the same
is assumed by the Association. Treated wood fences, not exceeding
six feet in height may be constructed and maintained by an Owner
upon his or her Lot, but the location of such fence is restricted
to back yards and in no event shall a fence be erected or allowed
to remain within the area designated as Infiltration Basin as
shown on the recorded map.
11. Fuel.Tanks and Garbage Cans: No fuel tanks or
similar storage receptacles may be exposed to view from the
street. Garbage cans, carts or other similar receptacles for
trash must be kept in back yards, not visible from the street,
except the night before or on the day scheduled for collection.
1.2. Unlicenced Vehicles: No inoperable motorized
vehicle, junk vehicle or vehicle without current registration and
insurance, and no tractor -trailers will be permitted on any Lot.
13. Signs: After construction is completed, no signs
or billboards shall be erected or maintained on any Lot, except
real estate for sale signs or other related subdivision signs.
14. Mailbox: The Declarant as the developer shall
erect one mailbox for each Lot of uniform design, style and
materials throughout the subdivision. All such mailboxes shall be
maintained by the Owner in as good a condition as originally
constructed or installed. Any replacement mailbox shall be as
similar as possible in design, style and materials to the mailbox
and post replaced.
ARTICLE III
PURPOSE OF THE ASSOCIATION
The Association is a non-profit corporation, created for the
limited purpose of:
1. Operating, maintaining and repairing the Limited
Common Area, including but not limited to the Infiltration Basin
as shown on the recorded map in compliance with the Stormwater
Management Permit issued by the State of North Carolina on
October 19, 2000, Permit Number SW8 000731, a copy of which may
be obtained from the Declarant or the North Carolina Department
of Environment and Natural Resources (NCDENR) located at 127
Page 3 of 10

Cardinal Drive Extension, Wilmington, North Carolina 28405.
2. To be the entity responsible for assuming the
duties set forth above from the Declarant/Developer, once the
Declarant/Developer has completed construction of the
Infiltration Basin in accordance with the terms and conditions of
the permit.
3. To collect annual assessments consistent herewith.
4. To enforce the Covenants, Conditions and
Restrictions herein.
5. To maintain the signage casement at the entrance
way to the subdivision.
6. To exercise all other powers bestowed by law upon
non-profit corporations.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot shall be a member of the
Association. Membership shall be appurtenant to and may not be
separated from ownership of any gut which is subject to
assessment.
Section 2. The Association shall have two classes of voting
membership:
Class --A. Class A members shall be all Owners, with the
exception of the Declarant, and shall be entitled to one vote for
each Lot owned. When more than one person holds an interest in
any Lot, all such persons shall be members. The vote for such
Lot shall be exercised as they determine, but in no event shall
more than one vote be cast with respect to any Lot.
Class B. The Class B member shall be the Declarant who
shall be entitled to three (3) votes for each Lot owned. The
Class B membership shall cease and be converted to Class A
membership on the happening of either of the following events,
whichever occurs earlier:
(a) when the total votes outstanding in the Class
A membership equal the total votes outstanding in the Class
B membership, or
(b) On January 1, 2006.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments. The Declarant, for each Lot owned within the
Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed thereof, 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, (2) special
assessments for capital improvements, and (3) collection charges,
including late fees, fine(s), interest, costs, reasonable
attorneys fees for unpaid assessments, and such other charges
allowed under this Declaration. All Lots shall be assessed
equally. The annual and special assessments, together with other
charges referenced herein, shall be a charge on the land and
shall be a'.continuing lien upon the Lot, running with the land
against which each such assessment is made and shall therefore
survive any sale or closing of said Lot. The Association or the
Pagc ,l of 10

Association's managing agent, upon demand, shall furnish to any
Owner or Owner's buyer or the holder of a deed of trust on any
Lot, a written certificate signed by an officer of the
Association or management agent, setting forth the amount of the
assessment and whether said assessment is current.. Such
certification shall be conclusive evidence of payment of any
assessment. Buyers or Buyer's agents are strongly encouraged to
contact the Association or the Association's professional
management agent prior to a closing.
Each such assessment, together with late fees, fine(s),
interest, costs, and reasonable attorney's fees shall (in
addition to being a continuing lien on the Lot) also be and
remain the personal obligation of the person(s) or entity who was
the Owner of such property at the time when the assessment fell
due.
Section 2. Purpose of As$essments. The main purpose of the
annual or special as is to provide a source of funding to
maintain the Infiltration Basin and Drainage Easement in
compliance with the.State Permit, together with any easement
areas for which the Association is required to maintain. The
assessments levied by the Association shall be used exclusively
to promote the health, safety, and welfare of the Lot Owners and
for the improvement and maintenance of the Infiltration Basin, as
a Limited Common Area and easements for which the Association is
responsible.
Section 3. Determination of Annual Assessments. Annual
assessments shall be established by the Board of Directors, at
its regular meetings or special meetings called for such purpose,
which assessment amount shall be based upon a projected annual
budget consistent with the purposes of such assessment as set out
above. Annual assessments will commence.on the date established
by the Board of Directors after a special meeting called for such
purpose.' For the first year in which annual assessments are
established, such assessments shall be adjusted according to the
number of months left in that calendar year. Thereafter the
annual assessment shall coincide with the calendar year. The
Board of Directors shall establish the amount of the regular
annual assessment against each Lot based upon a projected budget,
however, if no amount is fixed. tiien the amount established in
the prior year's assessments will continue to remain in effect
until amended by the Board of Directors. The due dates and any
grace period shall be established by the Board of Directors. The
Board of Directors may raise the annual assessment from year to
year by a percentage not to exceed ten percent of the prior
annual assessment. Should the Board of Directors determine that
the annual assessment for the next succeeding assessment period
will exceed.the annual assessment for the then current period by
more than ten percent, then the Board will call a special meeting
of the Members (thirty days prior notice) for such purpose and
any such increase shall be first approved by a vote of two-thirds
of the members voting in person or by proxy at such meeting
wherein a quorum is present. Sixty percent of all the votes of
each class of membership shall constitute a quorum...
Section 4. Special Assessments for Capital Imiprovements.
In addition to the annual assessments authorized above, the
Association's Board of Directors may levy, in any assessment
year, special assessment(s) applicable to that year only for the
purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, emergency repair or replacement of
the Infiltration Basin or for storm water facilities maintenance
as may be required to comply with rules and regulations governing
storm water retention ponds imposed by State of North Carolina.
Sect.ion__5. Uniform Rate of Assessment. Both annual and
special assessments must be fixed at a uniform rate for all Lots.
Annual assessments shall be collected on an annual basis at the
beginning of any calendar year, in advance. An Owner is entitled
Page 5 of 10

to receive a copy of the budget by requesting the same from the
Association or management agent tasked with such responsibility.
Section 6. Effect of Nonpayment of __Assessments: Remedies
of the Association. Any unpaid assessment shall bear interest
from the due date plus grace period at the rate of eighteen
percent (180) per annum, together with a late fee and/or fine(s)
as determined by the Board of Directors. In addition, the non-
paying Lot Owner shall be charged with reasonable attorneys fees
and court costs in endeavoring to collect such debt. The
Association may bring an action at law against the Owner
personally obligated to pay the same, and/or file a lien against
the Lot in question in the Office of the Clerk of Court for New
Hanover County and foreclose the lien against the property in a
like manner as for mortgages or deeds of trust.
Section 7. Subordination cr the Lien to Mortgage. The
lien of the assessments provided for herein shall be•subordinate
to the lien of any first mortgage now or hereafter placed upon
the properties subject to assessments; provided however, that
such subordination shall apply only to the assessments which have
become due and payable prior to a foreclosure sale. Such sale
shall not relieve such property from liability for any
assessments which thereafter become due, nor from the lien of any
such subsequent assessment. The sale or transfer of any Lot
pursuant to mortgage foreclosure or judicial sale, shall
extinguish the lien of such assessments as to payments which
became due prior to such sale or transfer.
Section 8. Working Capital. At the transfer of title to a
Lot from the Declarant to a first purchaser, a sum shall be
collected from the purchaser equal to $60.00 (working capital)
and such sum shall be contributed to the reserve fund of the
Association for the purpose of insuring that the Association will
have sufficient funds to meet initial operating expenses as well
as unforeseen expenditures. This contribution shall not be
considered as an advance against assessments to become due, or a
refundable deposit. Such working capital shall be collected
whether or not assessments have commenced.
ARTICLE VI
INSURANCE
Section 1. Since the Limited Common Area known as the
Infiltration Basin is in effect an easement, fee title to which
is vested in the underlying Lot Owners, public liability
insurance as to this area shall be kept and maintained by the Lot
Owners, individually. However, nothing shall prevent the
Association from obtaining a liability policy, naming the
Association as the insured for the Limited Common Area should it
chose to do so.
Section 2_ The Association may maintain in effect fidelity
bonds or insurance for all officers, directors, trustees and
employees of the Association and for all other persons handling
or responsible for funds of the Association. Where the
Association has delegated some or all of the responsibility for
the handling of funds to a management agent, fidelity bonds shall
be required for such management agent's officers, employees and
agents handling or responsible for funds of the Association.
Section 3. There may also be obtained such other insurance
coverage as the board of directors shall determine from time to
time to be desirable and necessary. Premiums on insurance
policies shall be paid as a common expense of the Association.
Page 6 of 10

ARTICLE VII
EASEMENTS
Section 1. Infiltration Basin and Drainage Easements and
Easements in General. Lots 1 through 8, inclusive, shall be
subject to an Infiltration Basin and Drainage Easement in favor
of the Association as shown on the recorded map, referred to
herein as Limited Common Area. The Infiltration Basin is
required by the State of North Carolina and was constructed as a
condition to the approval of the development of the Properties.
The purpose of the Infiltration Basin is to control storm water
runoff through and from the subdivision, thereby benefitting all
Owners. The Infiltration Basin is designed in accordance with
approved permitted standards, has a schedule of compliance for
maintenance and repair, and is subject to other general
conditions, all as contained in that certain State Stormwater
Management Systems Permit No. SW8 000731. It shall be the
primary duty and responsibility of the association to maintain
and repair this Infiltration Basin in accordance with such Permit
and the Association is granted the right to enter any Lot for the
purpose of maintaining and repairing the Infiltration Basin. The
State of North Carolina is also granted an access easement across
Lots 1 through 8 for the purpose of inspecting the Infiltration
Basin. Although'the. Association shall be the primary entity
responsible for complying with the State Permit, each Owner shall
keep his or her Lot mowed regularly including the Infiltration
Basin area crossing such Lot, and every Owner shall keep said Lot
including the Infiltration Basin and drainage easements clear of
rubbish, trash and unsightly debris. In the event that the Owner
of any Lot breaches the requirement set forth in this paragraph,
the Association is delegated and reserves the right to enter upon
the said Lot and mow the grass, clean and remove such rubbish,
trash and unsightly debris at Owner's expense.
in addition, all Lots shall be subject to such necessary and
practical easements for water lines, sanitary sewers, storm
drainage, gas lines, telephone and electric power lines, cable
television and other utilities, public or private, as shall be
necessary for the convenient use and enjoyment of the properties
as a residential neighborhood.
Section 2. Dedication by Map. Each Lot in said subdivision
is further subjected to such easements as may appear on or
referenced on the recorded map.
Section 3. Subdivision Sign Easement. A triangular
entrance way easement, designated as Signage and Utility Easement
on the recorded subdivision plat, is hereby dedicated for the
benefit of the Owners. Such entrance way easement as constructed
and landscaped by the Declarant Together with the subdivision
signage thereon shall be maintained by the Association.
ARTICLE VIII
DECLARANT RIGHTS
Section 1. Declarant Control: Management of the affairs of
the Association shall be the right and responsibility of its
Board of Directors, provided however, that all of the powers and
duties of the Board of Directors may be exercised by the
Declarant until such time as seventy-five percent (750) of the
Lots have been sold and conveyed by the Declarant to purchasers
or until January 1, 200G, whichever first occurs.
Section 2. The Declarant reserves the right to subject the
Properties to a contract with the local power company for the
installation of electric cables and/or the installation of street
lighting either or Both of which may require an initial payment
and/or a continuing monthly paymenttosaid local company by the
Page 7 of 10

Owner of each Lot. Nothing herein shall imply or be interpreted
to obligate the Declarant to construct street lighting.
ARTICLE IX
RIGHTS OF INSTITUTIONAL LENDERS
"Institutional Lender" as the term is used herein,'shall
mean and refer to first mortgagees including banks, -savings and
loan associations, insurance companies and other mortgage lenders
and insurers of first mortgages. So long as any Institutional
Lender shall hold any mortgage upon any Lot, or its named Trustee
shall be the Owner of any Lot, they shall, upon request, have the
right: To be furnished with a copy of the annual financial
statement or budget; to examine the books and records of the
Association at reasonable times; and, to be given notice of
default in the payment of assessments. Institutional Lenders
shall enjoy the irrevocable right that any assessment lien is
subordinate to the lien of their first mortgage.
ARTICLE X
STATE REQUIRED STORM WATER REGULATIONS
The following covenants are intended to ensure ongoing
compliance with state stormwater management permit number SW8
000731 for the "Davis Tract Subdivision". (now known and recorded
as Beasley Village) as issued by the Division of water Quality:
Section 1: The maximum built -upon area per lot is 2,700
square feet. This allotted amount includes any built -upon area
constructed within the lot property boundaries, and that portion
of the right-of-way between the front lot line and the edge of
the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised,'open wood
decking, or the water surface of swimming pools. Built -upon area
in excess of the permitted amount requires a state stormwater
management permit modification prior to construction.
Section 2: The covenants pertaining to stormwater
regulations may not be changed or deleted without concurrence of
the State.
Section 3_: Alteration of the drainage as shown on the
approved plan may not take place without the concurrence of the
State.
Section 4: All runoff on each lot must drain into the
permitted system. All Lots must direct their runoff either into
the subdivision street (not Beasley Road) or directly into the
facility located across the rear of Lots 1-8 through use of roof
drain gutters, lot grading, or grading swales to collect runoff.
ARTICLE XI
GENERAL PROVISIONS
Section I. Enforcement. The Association, or any Owner,
shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations,
liens and -charges now or hereafter imposed by the provisions of
this Declaration. Failure by the Association or by any Owner to
enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.
Enforcement of the restrictions concerning storm water runoff and
built upon area may be enforced by the State.
Page 8 of 10

Section 2. Severability. Invalidation of any one of these
covenants or restrictions by judgment or court order shall not
affect any other provisions which shall remain in full force and
effect.
Section 3. Durati_on LAmendment. The covenants and
restrictions of this Declaration shall run with and band the
land, for a term of twenty (20) years from the date this
Declaration is recorded, after which time they shall be
automatically extended for successive periods of ten (10) years.
Except where otherwise provided, this Declaration may be amended
by the vote of not less than two-thirds of each class of members
cast in person or by proxy at a meeting duly called for this
purpose at which a quorum is present. Sixty percent of all the
votes of each class of membership shall constitute a quorum.
Written Notice of said meeting shall be sent to all members at
least thirty days in advance of said meeting. Any amendment
shall become binding and operative upon its recordation in the
New Hanover County Registry. Such amendment need only be signed
by the President of the Association, attested to by its Secretary
or Assistant Secretary and sealed with its corporate seal all as
authorized by the Association's Board of Directors; but such
amendment shall contain a certification that the requirements of
this Section have been met.
Certain restrictions pertaining to storm water regulations
may not be changed or deleted without the concurrence of the
State of North Carolina. Nor may alteration of drainage take
place without the concurrence of the State.
However, the Declarant may, by recorded instrument, over the
course of the next three years, amend the Declaration without the
joinder or consent of the members for the limited purposes of:
making the Declaration comply with VA or FHA requirements and
guidelines; correcting clerical errors; or conforming the
Declarations to requirements imposed by federal, state or local
governments; or as necessary to assure the Association can
achieve and keep tax exempt status as a non-profit corporation.
Section 4. Notices. Any notice required to be sent to any
member or Owner shall be deemed to have been properly sent when
mailed, or delivered to the last known address of the person who
appears as a member or Owner on the Association's records at the
time of mailing.
IN TESTIMONY WHEREOF, Declarant, has caused this
Instrument to be executed in its corporate name by its duly
authorized president, all the day and year first above written.
TOMMY DAVIS CONSTRUCT INC.
Pres ent
• i�� ti1'�'tc�u�l1 tjri�li��'srkg
i�.
AM 1
Poll
Page 9 of 10

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public in and for the County and State aforesaid,
certify that Tommy D. Davis personally appeared before me this
day and acknowledged that he .is President of TOMMY_DAVLE
CONSTRUCTION INC., a corporation, and that he as President,
being authorized to do so, executed the foregoing instrument o
behalf of the corporation.
Witness my hand and of ial stamp or
jj L2001
Notary Public
My Commission expires: 29 Zc�d�
seal this Z day of /
`� G ��•......•••� � ,ter
%I
10
Page 10 of 10

14
tp.
SNORT
a�.
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
Filed For Registration: 02102/2001 10:52:43 AM
Book: RE 2879 Page: 510-520
Document No.: 2001003756
DECL 11 PGS $26.00
Recorder: PATRICIA BARNES
State of North Carolina, County of New Hanover
The foregoing certificate of CHARLTON L ALLEN No a is c rtified to be correct. This 2 ND of February 2001
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
Deput Assistant Register of Deeds
*2001003756*

a9/25/2002 16:25
910-350-1674
TOMMY DAVIS
PAGE 04
TE 99U'14
Davis Tract Subdivision aka Beasley Villas•
Vormwatcr Permit No. SWO 000731
Now HomVer County
D@91goor's Certifteation
C E I V E D
SEP 2 5 2002
DWQ
PROJ #
1, Phillip G. Tripp ___,,asadulyregistered. Professional Enginew
the State of North Carolina. having been authorized to observe (periodical 1ylvcsekLy1(41Ltzm•) the
constructlor+ of the project.
Davis Tract
(Project) -
for Tommy Davis construction (project Owns) hereby state that. to the beat of my
abslitias, due care and diligence was used in the obtcrvation of the project eonstructivn such that the
construction was observed lobe hu Ot within iubttwti ai compliance and intent of the approved plans
and specifications.
Required Items co be chucked for this certification to be considered complete are on page Z of this
forrn.
Noted devialionc from approved plans and 9pocifuatiorur
Sigtutum
. or — I - k�� I
Resist ation Number 1 40
Dato 1' A • CZ
cc: NCDBNR DWd Resional Office
Building laspectoz
__ _.... arn*wi AWUMMF ai4r-me-216 60-°t Ust/Wes

09/25/2002 16:25
910-350-1674
TOMMY DAVIS
PAGE 05
n CedifiWic" Ragairrrnwrta:
✓ 1. The drain a area to the apstenq Contains approximalety the PMWUW actup
21 TM drains8+ area to the eystem contains ro mre then the permitted atrwant of built -
Upon am
✓ 3. All the built -upon arts associated with the project is 8isdod such that the noel
drains to the systtttn.
4. The outiet/byposs auvcture elevations art: per the approved p1m
_.IeS. The outlet atrudum is located pet the approved plans.
AJAW%6. Trash rack is provided on the outle:tlbypaas d Wurc.
✓ 7. All slopes an gtwad with pemunmt vegetation.
✓8. vorm w algm ate no steeper than 3:1.
✓ 4. The le►1eu are bored pat the approved plans grid do not caulk s shari-cimviting of tM
,ayatem.
10. The permitted amunts of wrface area mr or volerne have been provided,
,hki i . Required drawdown dolces we twrtvctfy sized pen the approved plans.
Z12. All regWred dcsion depths are pmvided.
.UL13. All r equired p arts o f t he a y»e m a re p rovidod, a uah a s a vopumd a beff, a ad a
forsbay+.
/14, The overall dimensions of the qig tn, as shown as the approved plans„ are provided.
S:IWQS\STOW WAWORMMPECERT.FOR
cc: NCDBN&DWQ
Building bupaectos
2
/.•ay,r� •..a. yy. /AT_P�l. A1L ww .w� ��_�_

10/02/2002 14:01 910-350-1674
TOMMV DAVIS
TOMMY DAVIS CONSTRUCTION, INC.
6423 Hawksbill Drive
Wiimington, NC 29409
Fax # [phone]
FAX
Data: 1012402
To: Linda Lewis 6 CZ
From: Sharon Davis
Number of pages (including this cover)
Comments:
Like I said in my return phone message -- I am sorry I
missed your call. I would really like to speak to you.
PAGE 01
In the message you left yesterday, you asked for the originals
of the two forms I faxed to you. The originals were mailed
to you before I received your letter of August 26. From that
letter I learned the curb outlet form was wrong. I have
never received an infiltration basin operation and maintenance
plan. Both you and Noelle have sent the curb outlet maintenance
requirements. I guess that's why I thought it was the form
to be filled out. Nevertheless, I still need -the correct
form.
I would really like to get this matter taken care of as soon
as possible. Please give me another call if you will. If
you do not get an answer when you call 350-0425, please call
my cell phone [phone].
Thanks for all your help.

■ 09I25/2002 16:25 910-350-1674 TOMMY DAVIS PAGE 01
rr
TOMMY DAVIS CONSTRUCTION, INC.
6423 FLwksbiU Drive nrt,
Wilmingoq NC 28409
Fm11(91D)330.1674 R ECE ITT�j
d
SEA' 2 5 2002
Y'AX DWQ
PROD # �)W U
Date:qlqs-/o
To: .-LLnda-
Frain:
Number of pages {including this cover}
CLY
3�4as

i
ARTICLES OF INCORPORATION
OF
BEASLEY VILLAGE HOMEOWNERS ASSOCIATION, INC.
In compliance with the requirements of Chapter 55A of the General Statutes of North
Carolina, the undersigned, who is a resident of the State of North Carolina and who is of age, has
this day voluntarily proposed to form a corporation not for profit and does hereby certify:
R<.
ARTICLE I
The name of the corporation is BEASLEY VILLAGE HOMEOWNERS
ASSOCIATION, INC., hereinafter called the "Association
ARTICLE IT
Tommy D. Davis, residing at 6423 Hawksbill Drive, Wilmington, North Carolina 28409,
is the incorj)orator of this Association, a resident of the County of Ne-vv Hanover, State of North
Carolina,
ARTICLE Ill
The registered office and mailing address ol'the Association is at 6423 Hawksbill Drive,
Wilmington, NC 25409, located in brew Hanover County, North Carolina, until so changed as
may be specified by an annual report filed with the office of the Secretary of State.
ARTICLE lV
The name of the Association's Registered Agent at the Association's registered address
above is Tommy D, Davis,
ARTICLE V
This Association does not contemplate pecuniary gain or profit to the members thereof,
and the specific purposes for which it is formed are to provide for maintenance and preservation
of the Limited Common Area within that certain tract or property described as Beasley Village, as
shown upon the map recorded or to be recorded in the New Hanover County Registry, and said
other properties as may be annexed thereto, and to promote the health, safety, and welfare of the
owners within the above described property and any additions thereto as may hereafter be brought
within the jurisdiction of this Association for these purposes to:
(a) Exercise all of the powers and privileges and to perform all of the duties and
obligations of the Association as set forth in that certain Declaration of Covenants, Conditions
and Restrictions applicable to the property as recorded in the New Hanover County Registry
(hereinafter,,"Declarat.ion"), and as*the same may be amended from time to time as therein
provided, said Declaration being incorporated herein as if set forth at length;
(b) Fix, levy, collect and enforce payment by any lawful means, all assessments and
charges, including late charges, fine(s), interest, cost and reasonable attorneys fees, all as more
particulary stated in the Declaration; to pay all expenses incident to the conduct of the business of
the association, including all licenses, taxes or governmental charges levied or imposed against

i'
the property of the Association;
(c) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real property
in connection with affairs of the Association;
(d) Borrow money, mortgage, pledge, deed in trust, or hypothecate any or all of its real
or personal property as security for money borrowed or debts incurred;
(e) To mortgage or convey the Common Areas, or to dedicate or transfer all or part of
the Common Area to any public agency, authority, utility or like owner's association for such
purposes and subject to such conditions as may be agreed to by the members;
(f) Participate in mergers and consolidations with other non-profit corporations organized
for the same purposes or annex additional property and Common Area, as provided for in the
Declaration;
(g) Have and to exercise any and all powers, rights, and privileges which a corporation
organized under the Non -Profit Corporation law of the State of North Carolina by law may now
or hereafter have or exercise. This corporation is organized and shall be operated exclusively as
an owners' association and not for profit. No part of the earnings of this corporation or the funds
contributed by any person or corporation shall inure to the benefit of any director, officer, or
member of the corporation, or other private persons, except that the Associationi shall be
authorized and empowered to pay reasonable compensation for services rendered, and to made
payments and distributions in furtherance of the purposes set forth in the Articles hereof. No
substantial part of the activities of the Association shall be the carrying on of propaganda or
Otherwise attempting to influence legislation, and the Association shall not participate in, or
intervene in (including the publishing or distribution of statements) any political campaign on
behalf of a candidate for public office
(h) In order to properly prosecute the objects and purposes set forth, this corporation
shall have all the powers vested in corporations by the laws of the State of North Carolina,
Chapter 55A, and other laws relating to corporations which may appear in the Genera} ,Statutes of
North Carolina, together with all amendments thereto, past and future. These Articles may be
corrected or amended by the Board of Directors in order to qualify the same as a non-profit
corporation recognized by the State of North Carolina and the Internal Revenue Service.
(r) !✓xe npt 1• unds: Notwithstanding any other provision of these Articles, this Association
shall not carry on any other activities not perrrritted to be carried on by a corporation exempt from
federal income tax.
ARTICLE V}
M Eii/i13ERSHIP
Every person or entity which is a record owner of a fee or undivided fee interest in any lot
which is subject to covenants of record or subject to assessment by the Association, including
contract sellers, shall be a member of the Association. The foregoing is not intended to include
persons or entities who hold an interest merely as security for the performance of an obligation.
Membership shall be appurtenant to and may not be separated from ownership of any lot which is
subject to assessment by the Association.
ARTICLE V1:1
VOTING R1GFITS
The Association shall have two classes of voting membership:

CLASS A: Class A Members shall be all Owners, with the exception of the Declarant, and
shall be entitled to one vote for each Lot owned. When more than one person holds an interest in
any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they
determine, but in no event shall more than one vote be cast with respect to any Lot.
CLASS B: Class B Member(s) shall be the Declarant, Tommy Davis Construction, Inc.,
its successors and assigns, and said Declarant shall be entitled to three (3) votes for each Lot
owned. The Class B membership shall cease and be converted to Class A membership on the
happening of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership, or
(b) On January 1, 2006 .
ARTICLE VIII
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a Board of Directors. The number of
members of the Board of Directors of the Association shall be three (3), who need not be
members of the Association. The names and address of the first or initial members of the .Board
of Directors who, subject to the provisions of the By -Laws of the Association, shall hold office
until their successors are elected and qualified are as follows:
N AME AID D RES S
Tommy D. Davis 6423 Hawks Bill Drive, Wilmington, NC 28409
Sharon J. Davis 6423 Hawks Bill Drive, Wilmington, NC 28409
Benjamin G. Mitchell 7934 Placid Drive, Wilmington, NC 28411
ARTICLE IX
MANAGEN4ENT AND CONTROL
Management of the affairs of the Association shall be the right and responsibility of its
Board of Directors in accordance with the Declaration and the By -Laws. Management and
control may be transferred to the Lot Owners at any time, but in any event, no later than January
1, 2006.
ARTICLE X
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by not less
than two-thirds (2/3rds) of each class of members. Upon dissolution of the Association, other
than incident to a merger or consolidation, there shall be an approved Plan of Dissolution in
accordance with NCGS 55A-14-03 to wit: All liabilities and obligations of the corporation must
be paid and discharged, or adequate provisions be made thereof, and the remainder of the
corporation's assets shall be distributed as follows:
Any dissolution shall be carried out consistent with the North Carolina Planned

a
Community Act as contained in Chapter 47F of the North Carolina General Statutes, as
well as NCGS 55A-14-03. Upon dissolution, assets held by the Association upon
condition requiring return, transfer, or conveyance, which condition occurs by reason of
dissolution, shall be returned, transferred, or conveyed in accordance with such
requirements. Remaining assets, if any, shall be disposed in such manner, or to such
organizations organized and operated exclusively for charitable, educational, religious, or
scientific purpose, qualified pursuant to the Internal Revenue Code of 1954 or Section
501(c)(3); or may be dedicated to a similar appropriate public agency to be used for
purposes similar to those for which this Association was created, as the Board of
Directors then shall determine. Any asset not so disposed of shall be disposed of by the
Superior Court of the County of New Hanover, exclusively for such purposes or to such
organizations, as the said Court shall determine, which are organized and operated for
such purpose.
ARTICLE XI
DURATION
The corporation shall exist from the day these Articles of Incorporation are filed with the
Office of the Secretary of State for North Carolina and perpetually thereafter.
ARTICLE XH
Ail END MEN T S
These Articles may be amended by a majority of the entire membership or by any other
method permitted pursuant to the then existing North Carolina Nonprofit Corporation Act.
1N WITNESS WI-IERI✓OF, for the purpose of forming this corporation under the laws of
the State of North Carolina, 1, the undersigned, being the incorporato. of this non-profit
corporation, have executed these Articles of Incorporation this _2_day of �Qjjr`'nrL
700 W -�
Tommy D, Davis, Incorporator
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
}
Tl-l.IS IS TO CERTIFY that on the rL day of Re CLAD :2: 200_11. before me, a
Notary Public, personally appeared Tommy D. Davis, Incorporator, who l am satisfied is the
person named in and who executed the foregoing Articles of Incorporation, and, having first made
known to him the contents thereof, he did acknowledge that he signed and delivered the same as
his voluntary act and deed for the uses and purposes therein e4pressed.
WITNESS my hand and oft-icial notary stamR,Qii�„a�ay of_r-e�, 20LL.
SE A YY
otary Pu lic Z=
rely Comm ssion expires: �"�°�-�� � z NOTARY
= m PUBLIC
��' �_'

BY-LAWS
of
BEASLEY VILLAGE HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
NAME
The name of the corporation is BEASLEY VILLAGE HOMEOWNERS ASSOCIATION,
INC., hereinafter referred to as the "Association". The initial principal office of the corporation
shall be located as stated in the Articles of Incorporation, but meetings of members and directors
may be held at such places within the State of North Carolina, as may be designated by the Board
of Directors, The principal office of the Association and its registered agent may be changed by the
Board of Directors as specified in the latest annual report filed with the Office of the Secretary of
State, Raleigh, North Carolina,
ARTICLE TI
DEFINITIONS
Section 1. "Association" shall mean and refer to BEASLEY VILLAGE HOMEOWNERS
ASSOCIATION, INC., a North Carolina non-profit corporation, its successors and assigns, the
owners' association organized for the mutual benefit and protection of the Properties and Limited
Common Area. The main pug)ose of this corporation is stated to be for the maintenance and
upkeep of the storm water facilities known as and located in the "Infiltration Basin" as shown on
the recorded map of Beasley Village Subdivision, in accordance with the permits and regulations
and guidelines established from time to time by the State of North Carolina, NCDNR.
All Owners of Lots in Beasley Village or any adjoining areas hereafter developed and subjected to
this Declaration, if any, shall be members of the Association, which membership shall be
appurtenant to and may not be separated from the ownership of any Lot in the Properties.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of the fee simple title to any Lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as security for the performance of an
obligation.
Section 3. "Properties" shall mean all real property located in the City of Wilmington, New
Hanover County, North Carolina, and more particularly described as all ofBeaslcy Village as the
same is shown on a map thereof recorded or to he recorded in the New Hanover County Registry,
and any additional properties that may hereafter be brought within the jurisdiction of the
Association as herein provided.
Section 4. "Additional Properties" shall mean and refer to any lands adjoining the
Properties or within a one mile radius thereof which are now owned or may be hereafter acquired

or developed by Declarant and annexed to and made a part of the Properties by -the Declarant and
subjected to the Declaration without the assent or vote of the owners of lots as hereinafter
provided. The annexation of such Additional Properties shall become effective by the recording by
the Declarant of an amended declaration for each new section annexed.
Section 5! "Amenities" shall mean the facilities constructed, erected, or installed on the
Common Area for the use, benefit and enjoyment of Members, if any,
Section 61 "Common Area" and "Limited Common Area" are those areas designated as
Infiltration Basin Iand Drainage Easement on the recorded map of Beasley Village, the fee title to
which is owned by the Lot Owner, but subject to an easement for the benefit of the Subdivision as a
whole and its owners, for storm water infiltration and runoff, to be maintained (with the exception
of grass mowing and removal of debris, which is the responsibility of the Owner) by the
Association, in accordance with State Permits. In addition the easement for Signage as shown on
the recorded map�`shall be considered Limited Common Area for which the Association shall have
the duty to maintain.
Section 7] "Lot" shall mean and refer to any of the numbered Lots in Beasley Village as
shown on recorded map or maps, whether one or more sections. The legal description of each Lot
shall consist of the4 number of the Lot shown on the recorded map or maps of the Properties.
I
Section S. "Declarant" shall be used interchangeably with "Developer" (which designations
may be used herein in the third person neuter for convenience only and such terms shall include
singular, plural, masculine and neuter as required by the context) to mean, refer to and include
Tommy Davis Construction, Inc., its successors and assigns.
Section 9. "Declaration" shall mean and refer to the Declaration applicable to the
Properties recorded in the Office of the New Hanover County Register of Deeds, as well as all
amendments subseIquent thereto.
Section 10. "Membership" shall mean and refer to the rights, benefits, duties and
obligations, which shall inure to the benefit of and burden each member of the Association.
Section l 1. "Member" shall mean and refer to every person or entity who has membership
in the Association by virtue of Lot ownership including the Declarant.
ARTICLE 1.11
MEETINGS
4
Section 1. Annual Meetings. The first annual meeting of the members shall be held within
eighteen months after the date of filing of the Articles of Incorporation of the Association, and each
subsequent regular annual meeting of the members shall be held in the same month of each year
thereafter, on the day and at the hour specified in the notice to members of the meeting, or as soon
thereafter as practical.

Section 2l Special Meetings. Special meetings of the members may be,called at any time by
the President or by the Board of Directors, or upon written request of the members who are entitled
to vote one-fourth (1/4) of all of the votes of the membership.
Section 3.1 Notice of Meetings. Written notice of each meeting of the members shall be given
by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of
such notice, postage prepaid, at least ten (10) days before such meeting to each member entitled to
vote thereat, addressed to the member's address last appearing on the books of the Association, or
suppiied by such member to the Association for the purpose of notice. Such notice shall specify the
place, day and hour of the meeting, and in the case of a special meeting, the purpose of the meeting.
Section J Quorum. The presence at the meeting of members entitled to cast, or of proxies
entitled to cast, one -tenth (1/10) of the votes of the membership shall constitute a quorum for any
action except as otherwise provided in the Articles of Incorporation, or the Declaration, or these By -
Laws. If, however, such quorum shall not be present or represented at any meeting, the members
entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice
other than announcement at the meeting, until a quorum as aforesaid shall be present or represented.
I
Section S. Proxies. At all meetings of members, each member may vote in person or by proxy.
All proxies shall be in writing for each meeting and filed for each meeting with the secretary. Every
proxy shall be revocable and shall automatically cease upon 'conveyance by the member of his Lot.
ARTICLE IV
> �OARD OF DIRECTORS; SERVICE; TERM OF OFFICE
Section 1. Number, The affairs of the Association shall be managed by a Board of three (3)
Directors, subject io Declarant rights as herein stated, who may but need not be members of the
Association. The first or initial Board of Directors shall be as stated in the Articles of Incorporation.
The first Board shall serve until such time as Class B membership is converted to Class A membershif
or Declarant control is earlier relinquished to the Association.
i
Section 2. Term of Office. At an annual meeting or at a special meeting called by the President
for such purpose, following the term of office of the first or initial Board of Directors, the members
shall elect three (3)1directors for staggered terms to wit: The first Director so elected shall serve for
three years, the second Director so elected shall' serve for two years, and the third Director so elected
shall serve for one year; and, at the appropriate annual or special meeting(s) thereafter called for such
purpose, the members shall elect a Director for any term expiring in a given year for a term of three
(3) years. Unless othl erwise stated herein, the term of office for a Director shall be a three year period.
1
Section 3. Removal. Any director may be removed from the Board, with or without cause,
by a majority vote of the members of the Association. In the event of death, resignation or removal
of a Director, his successor shall be selected by the remaining members of the .Board and shall serve
for the unexpired term of his predecessor.
4
Section 4. Compensation. No Director shall receive compensation for any service he may

render to the Association. However, any Director may be reimbursed for his actual expenses incurred
in the performance of his duties, as long as the same is not inconsistent with rules for maintaining tax-
exempt status non-profit corporations. However, to the fullest extent allowed by law, the Association
shall indemnify, defend and save the Directors and each of them harmless from such claims, loss, cost,
or liability such Director(s) may suffer or incur arising from the good faith performance or exercise of
their duties as Directors.
Section J Action Taken Without a Meeting, The Directors shall have the right to take any
action in the absence of a meeting which they could take at a meeting by obtaining the written
approval of all the Directors. Any action so approved shall have the same effect as though taken at
a meeting of the Directors.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
Section 1.iNomination. Nomination for election to the Board of Directors after the first board
shall be made by allominating Committee. Nominations may also be made from the floor at the annual
meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board
of Directors, andl two or more members of the Association. The Nominating Committee shall be
appointed by the Board of Directors prior to each annual meeting of the members, to serve from the
close of such annual meeting until the close of the next annual meeting and such appointment shall be
announced at each annual meeting. The Nominating Committee shall make as many nominations for
election to the Board of Directors as it shall in its discretion determine, but not less than the number
of vacancies that are to be filled. (Such nominations may be made from among members.)
Section 2JElection. Election to the Board of Directors shall be by secret written ballot. At
such election the members or their proxies may cast, in respect to each vacancy, as many votes as they
are entitled to exercise under the provisions of the Declaration. The persons receiving the largest
number of votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held at least
annually without notice, at such place and hour as may be fixed from time to time by resolution of the
Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time
on the next day which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when
called by the president of the Association, or by any two directors, after not less than three (3) days
notice to each director.
I
Section 3. Quorum. A majority of the number of Directors shall constitute a quorum for the
transaction of business. Every actor decision done or made by a majority of the directors present at
a duly held meeting at which a quonim is present shall be regarded as the act of the Board.

ARTICLE V[[
POWERS AND DUTIES Of THE BOARD OF DIRECTORS
Powers, The Board of Directors shall have power to:
(a) establish reasonable miles and regulations governing the use and maintenance of the
Properties, Limilted Common Area and the facilities, improvements or signage located thereon;
I
(b) make or contract for the making of capital improvements upon the Limited Common
Area including making of contracts for the maintenance, repair and upkeep of the storm water facilities
located in the Limited Common Area in accordance with local and state government requirements;
(c) enforce the provisions of the Declaration, these Bylaws, and the Rules and
Regulations adopted by the Board and bring any proceedings which may be instituted on behalf of or
against the owners concerning the Association;
{
(d) suspend the voting rights of a member during any period in which such member
shall be in default in the payment of any assessment levied by the Association;
(e) exercise for the Association all powers, duties and authority in or delegated to this
Association and 'not reserved to the Membership by other provisions of these By -Laws, the Articles
of Incorporation) or the Declaration.
I
(t) declare the office of a member of the Board of Directors to be vacant in the event
such member shall be absent from three (3) consecutive regular meetings of the Board of Directors;
and
(g) employ a manager, management company, an independent contractor, or such other
employees as they deem necessary, and to delegate thereto the authority to carry out their duties.
Section 2� Duties. It shall be the right and duty of the Board of Directors to:
4
(a) cause to be kept a complete record of all its acts and corporate affairs and to
present a statement thereof to the members at the annual meeting of the members, or at any special
meeting when such statement is requested in writing by one-fourth (1/4) of the members who are
entitled to vote;
(b) supervise all officers, agents and employees of this Association, and to see that their
duties are properly performed;
(c) as more fully provided in the Declaration, to: fix the amount of any annual
assessment against each Lot; send written notice of each assessment to every Owner subject thereto
at least thirty (30) 1days in advance of each annual assessment period; and foreclose the lien against any
property for which assessments are not paid in like manner as foreclosure of a mortgage or deed of

trust, and/or to bring an action at law against the owner personally obligated to -pay the same,
(d) issue, or to cause an appropriate officer; or management agent to issue, upon
demand by any person, a certificate setting forth whether or not any assessment has been paid. If a
certificate states, an assessment has been paid such certificate shall be conclusive evidence of such
payment;
(e) procure and maintain fidelity bond coverage, and liability and hazard insurance on
property owned uy the Association;
I
(f) cause all officers or employees having fiscal responsibilities to be bonded;
W) cause the Limited Common Area comprised Infiltration Basin and Drainage
Easement to be !maintained, and specifically for the storm water facilities located thereon to be
maintained in compliance with the miles, regulations and guidelines established by the State of North
Carolina for storm water facilities, and to maintain the entrance way/signage easement; and,
(11) to the extent permitted by the City of Wilmington, to maintain and beautify that
center area of the cul-de-sac of Shelby Court.
ARTICLE VIII
OFFICERS
Section 1. Enumeration of offices. The nfficers of this Association shall be a president and
secretary/treasurer, who shall at all times be members of the Board of Directors, and such other officers
as the Board may, from time to time by resolution create.
Section JElection of Officers. The election of officers shall take lace at the first meeting of
p S
the Board of Directors following each annual meeting of the members.
Section 3.ITerm. The officers of this Association shall be elected by the Board and each shall
hold office at the pleasure of the Board until such time as he shall sooner resign, or shall be removed,
or otherwise disqualified to serve.
Section 4.ISpeciai Appointments. The Board may elect such other officers as the affairs of the
Association ma yI require, each of whom shall hold office for such period, have such authority, and
perform such duties as the Board may, from time to time determine.
Section S,IResignation and Removal. Any officer may be removed from office with or without
cause by the Board. Any officer may resign at any time giving written notice to the Board, the
president or the secretary. Such resignation shall take effect on the date of receipt of such notice or
at any later time specified therein, and unless otherwise specified therein,'the acceptance of such
resignation shall not be necessary to make it effective.

Section 6f. Vacancies. A vacancy in any office may be filled by appointment by the Board.
I
Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same
person. No person shall simultaneously hold more than one of any of the other offices except in the
case of special offices created pursuant to Section 4 of this Article,
Section 8. Duties. The duties of the officers are as follows:
(a) President. The President shall preside at all meetings of the Board of Directors and
the Association;. shall see that orders and resolutions of the Board are carried out; shall sign all
contracts, leases,! mortgages, deeds and other written instruments and shall co-sign all checks and
promissory note-,.
1
(b) Secretary. The secretary shall record the votes and keep the minutes of all meetings
and proceedings of the Board and of the members; keep the corporate seal of the Association and affix
it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep
appropriate current records showing the members of the Association together with their addresses, and
shall perform such other duties as required by the Board. Dirties of the Secretary administrative in
nature may be delegated to the Association's management agent.
i
(c) Treasurer. The treasurer, or the bonded management agent for the Association shall
receive and deposit in appropriate bank accounts all monies of -the Association and shall disburse such
funds as directed Iby resolution of the Board of Directors; shall sign all checks and promissory notes
of the Association, keep proper books of account, cause an annual audit or review of the Association
books to be made by an independent public accountant at the completion of each fiscal year, and shall
prepare an annual budget and a statement of income and expenditures to be represented to the
membership at its regular annual meeting, and deliver a copy of each to the members requesting the
same.
ARTICLE IX
INDEMNIFICATION OF DIRECTORS AND OFFICERS
The corporation shall indemnify any Director or officer against liabilities and reasonable
litigation expenses, including attorney's fees, incurred by him/her in connection with any action, suit,
or proceeding in which he/she is made or is threatened to be made a party by reason of being or having
been such Director or officer, except in relation to matters as to which he/she shall be adjudged in such
action, suit or proceeding to have acted in bad faith or to have been liable or guilty by reason of willful
misconduct In
performance of duty.
ARTICLE X
COMAUTTEES
The Board lof Directors may appoint a Nominating Committee, as provided in these By -Laws.

In addition, the Board of Directors, shall appoint other committees as deemed appropriate in carrying
out its purpose, particularly in regard to collecting, receiving or obtaining information/correspondence
from the State or County which may be helpful in proper maintenance of the storm water facilities.
ARTICLE XI
BOOKS AND RECORDS
The books, records, financial statements and papers of the Association shall during reasonable
business hours be subject to inspection by any member, having first made appointment for such
purpose. The Declaration, the Articles of Incorporation and the By -Laws of the Association shall be
available for inspection by any member at the principal office of the Association, where copies may be
reproduced at reasonable cost.
ARTICLE X11
ASSESSN ENTS
Section I :, The Board of Directors may levy such annual assessments as are necessary to care
for and maintain the Common Area and Limited Common Area, to pay insurance premiums, operating
expenses and to provide for the best interest and welfare of the Association, keeping in mind that one
of the main purposes of this Association is to maintain the storm water facilities according to the
standards set by, state and local 'government. The Board of Directors may direct that annual
assessments be coliected in advance and with such frequency as may be determined appropriate by the
Board of Directors. Each member is obligated to pay to the Association such annual assessments as
are adopted by the Board of Directors. Any assessments which are not paid when due shall be
delinquent. if tile lassessment is not paid in accordance with the collection policies established by the
Association, the assessment shall bear interest from the date of delinquency at eighteen percent (18%)
per annum, until paid. In addition a late fee and/or fine(s) as determined by the Board of Directors will
be charged, which shall not be less than ten dollars ($10.00) per month. In addition, the non-paying
Member shall be charged with reasonable attorneys fees and court cost in endeavoring to collect such
debt. The Association may foreclose the lien against the property in like manner as foreclosure of a
mortgage or deed of trust; and/or bring an action at law against the owner personally obligated to pay
the same, and any late charges, fine(s), interest, costs, and reasonable attorney's fees of any such action
shall be added to Ithe amount of such assessment, No Owner or Member may waive or otherwise
escape liability for the assessments provided for herein by non-use of the Common Area or
abandonment of his/her Lot,
Section 2: In addition to the annual assessments authorized above, the Association may levy,
in any assessment year, special assessment(s) applicable to that year only for the purpose of defraying,
in whole or in part the costs of any reconstruction, repair or replacement of storm water facilities or
capital improvement upon the Limited Common Area, including fixtures and personal property related
thereto or for the purpose of protecting property values and drainage,
ARTICLE X11t
CORPORATE SEAL

The Association shall have a seal in circular form having within its circumference the words:
BEASLEY VILLAGE HOMEOWNERS ASSOCIATION, INC.
ARTICLE XIV
AIVIENDM_ENTS AND CONFLICTS
Section I! These By-l—mv- r special meeting of the members,
by a vote of a majority of mein'
Section 2. In the caF- +rporation and these Bylaws, the
Articles shall control; ar eclaration and these Bylaws, the
Declaration shallicontr
Section l . The fi
Section J DECL r" fairs ofthe Association shall
be the right and responsibil :r, that all of the powers and
duties of the BoIard of Dii `il such time as seventy-five
percent (75%) of the Lot; _.. ouln and conveyed by the Declarant to
purchasers or until Janual winchever first occurs. Management and control may be
transferred to the Lot owners at any prior time.
C1111TIFICATION
1, the undersigned, do'hereby certify:
THAT I am the duly elected and acting secretary of Beasley Village Homeowners
Association, Inci, a North Carolina not for profit corporation, and,
THAT thelforegoing By -Laws constitute th,� original By -Laws f said Association, as duly
adopted at a meeting of the Board of Directors thereof, held on the day of
2001.
IN WIT NES WI-I:EREOF1 I have hereunto subscribed my name and affixed the seal of said
Association this!_ day of
���1L41t1t1l�p� _ 1 '
Y`'��.��C`'j�i
Secrotal
pVkPCRAT..-%
[Corp Seal] G � :
lE A L

' 'y4
The Association shall have a seal in circular form having within its circumference the words:
BEASLEY VILLAGE HOMEOWNERS ASSOCIATION, tNC.
ARTICLE XIV
AMENDMENTS AND CONFLICTS
Section I . These By -Laws may be amended, at a regular or special meeting of the members,
by a vote of a majority of members.
Section J In the case of a conflict between the Articles of Incorporation and these Bylaws, the
Articles shall conYtrol; and in the case of any conflict between the Declaration and these Bylaws, the
Declaration shalhi control.
ARTICLE XV
MISCELLANEOUS
Section 14. The fiscal year shall be the calendar year,
Section 2.1 DECLARANT CONTROL: NIana,,ement of the affairs of the Association shall
C)
be the right and responsibility of its Board of Directors, provided however, that all of the powers and
duties of the Board of Directors may be exercised by the Declarant until such time as seventy-five
percent (75%) of the Lots in Beasley Villrige have been sold and conveyed by the Declarant to
purchasers or until January' 1, 2006, whichever first occurs, Management and control may be
transferred to thelLot owners at any prior time.
CI'RTIFICATION
I, the undersigned, do hereby certify:
THAT I aIn the duly elected and acting secretary of Beasley Village Homeowners
Association, lnc., a North Carolina not for profit corporation, and,
THAT the foregoing By -Laws constitute thr criginal By -Laws f said Association, as duly
adopted at a meeting of the Board of Directors thereof, held on the day of 701 n^a-
2001.
IN WITNES Wi-IEREOF, l have hereunto subscribed my name and affixed the seal of said
Association this i ,1� day of 2001.
.. `��t►��rr�rr�rfr .. � ,
i
Secretary
[Corp Seal]
OEAIL

St2te of North Carolina
-Department of Environment
and Natural Resources
Wilmington Regional Office
James 13. Hunt, Jr., Governor NCDENR
Division
Holman,, Secretaryl
of Water Quality NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANO NATURAL. RESOURCES
October 19, 2000
Mr. Tommy D. Davis, President
Tommy Davis Construction, Inc.
6423 Hawksbill Drive
Wilmington, NC 28409
Subject: Permit No. SW8 000731
Davis Tract Subdivision
High Density Subdivision Stormwater Project
New Hanover County
Dear Mr. Davis:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Davis Tract
Subdivision on September 29, 2000. 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. We are
forwarding Permit No. S W 8 000731, dated October 19, 2000, for the construction of the project, Davis Tract
Subdivision.
This permit shall be effective from the date of issuance until October 19, 2010, and shall be subject to the conditions
and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements
in this permit. Failure to establish an adequate system for operation and maintenance ofthe storm water management
system will result in future compliance problems.
I f an arts, requirements, o r limitations contained in this permit are unacceptable, you have the right to request an
Yp q � P P g q
adj udicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must
be in the form of a written petition, conforming to Chapter 150B of the Nortli Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, I need additional information concerning this matter, please contact Linda Lewis, or me
at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:arl S:IWQSISTORMWATIPERMIT100073EOCT
cc: Phil Tripp, P.E.
Tony Roberts, New Hanover County Inspections
Beth Easley, New Hanover County Engineering
Linda Lewis
tWilmington.Regianal Offie
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

State Stormwater Management Systems
Permit No. 5W8 000731
STATE OF NORTH
DEPARTMENT OF ENVIRONMENT
CAROLINA
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
TE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
I n 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
Tommy Davis Construction, Inc.
Davis 'Tract Subdivision
Neu, Hanover County
FOR THE
COnSti-LICttOn, operation and maintenance of an infiltration basin in compliance with the provisions of 15A NCAC
21-1 .1000 (hereafter referred to as the "slot-mlvater rules') and the approved stormwater management plans and
speclflcatlons and Other sup
pOlUn dataas attached and an file with and approved by the Division of Water Quality
and considered a part of this permit.
"Phis permit shall be effecti ve from the date of issuance until October 19, 2010 and shall be subject to the following;
specified conditions and lilIiitations:
1. DESIGN STANDARDS
l . This permit is effec tive only with respect to the nature and volume of stormwater described in the
application and othelr supporting data.
4
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. The subdivision is permitted for 14 lots, each allowed 2,700 square
feel of built -upon area.
3. Approved plans anApecifications for this project are incorporated by reference and are enforceable parts
of the permit.
4. The approved infiltration basin has been designed to handle a total design storm of 3" without discharging.
0)

State Stormwater Management Systems
Permit No. SW8 000731
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Davis Tract Subdivision
Permit Number:
SW8 000731
Location:
New Hanover County
Applicant:
Mr. Tommy D. Davis, President
Mailing Address:
Tommy Davis Construction, Inc.
6423 1-lawksbill Drive
Wilmington, NC 28409
Application Date:
September 29, 2000
Name of Receiving Stream / Index 4:
I-Iewletts Creek 1(CFR 18-87-26)
Classification of Water Body:
"SA"
Design Storm:
3"
Pond Depth, feet:
2
Bottom Elevation, FMSL:
20
Drainage Area, acres:
3.1
Total Impervious Surfaces, ftz:
52,366
14 lots at 2,700 W:
37,800
Roads/Parking, ft2
11,517
Sidewalks, ft2
3,049
Offsite Area entering Pond, ft2:
None, per Engineer
Required Storage Volume, 1`13:
6,735
Provided Storage Volume, f13:
20,360
Temporary Storage Elevation, FMSI':
22
Controlling orifice:
nla
Type of Soil:
Sand
Expected Infiltration Rate:
6" per hour
"lime to Draw Down:
4 hours
Seasonal 1-1191, Water Tablc Elevation:
18 FMSL
3

State Stormwater Management Systems
Permit No. SW8 000731
11. SCIIEDULL OF COMPLIANCE
1. No homcownerll It owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown
on the approved plans as part of the stormwater management system without submitting a revision to the
permit and receiving approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including
driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete,
the built -upon area may not be revised without approval from the Division of Water Quality, and
responsibility for 'meeting the built -upon area limit is transferred to the individual property owner.
3. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA
limit, the plans reviewed must include sidewalks and driveways. Any approvals given by the ARC do not
relieve the homeowner of the responsibility to maintain compliance with the permitted 13UA limit.
4. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
a. Any revisij
b. Project nanic change.
C. "Transfer oflownership.
d. Redesign or addition to the approved amount of built -upon area.
C. Further subtlivision, acquisition, or sale ofthe project area The project area is defined as all property
owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
5. The Director may determine that other revisions to the project should require a modification to the permit.
6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements ofthe 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.
7. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its
intended use prior to the construction of any built -upon surface.
8. During construction erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
9. Upon completion ofpristruction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system Installed
certifying that the permitted 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 �e noted on the Certification.
10. Decorative spray fountains will not be allowed in the stormwater treatment system.
11, 1 f the stormwater system was used as an Erosion Control device, it must be restored to design condition prior
to operation as a storlmwater treatment device, and prior to occupancy of the facility.
12. 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.
4

State Stormwater Management Systems
Permit No. SW8 000731
13. Prior to transferring ownership/maintenance responsibility of the permitted facility, the facility must be
inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Any items
not in compliance must be repaired or replaced to design condition prior to the transfer. Records of
maintenance activIIitics performed to date will be required.
14. The permitter shall at all times provide the operation and maintenance necessary to assure the permitted
Stormwater system 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:
a. Semiannual scheduled inspections (every b months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. lmmediate4repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
F. Debris removal and unclogging of the filter media, collection piping and catch basins.
g. Access to the infiltration basin must be available at all times.
15. Records of mainteilance activities must be kept and made available upon request to authorized personnel
of DWQ. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
16. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the
amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the
form:
a. "The maxim ium built -upon area per lot is 2,700 square feet. This allotted amount includes any built -
upon area constructed within the lot property boundaries, and that portion of the right-of-way
between thd 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."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan may not take place without the
concurrence 1of the State."
d. "All runoffon each lot must drain into the permitted system. All Lots must direct their runoff either
into the subdivision street (not Beasley Road) or directly into the facility located across the rear of
Lots 1-8 through use of roof drain gutters, lot grading, or grading swales to collect the runoff."
17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the
deed book number and page, and stamp/signature of the Register of Deeds.
18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
19. A copy of the approv l d plans and specifications shall be maintained on file by the Permittee for a minimum
of ten years from theldate of the completion of construction.
5

State Stormwater Management Systems
Permit No. SW8 000731
20. 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.I
M. GENERAL CONDFHONS
l . This permit is not IItransferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a "Name/Ownership Change Forni" must be submitted to the Division
of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of
the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case
of engineered systems, will also be required. The project must be in good standing with DWQ. The approval
of this request will be considered on its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of thus permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall Itake immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management systems.
5. The permit may bell modified, revoked and reissued or terminated for cause. The Filing of a request for a
permit modification, revocation and reissuance or termination does not stay any permit condition.
6. Permittee grants peIrmission to staff of the DWQ to access the property for the purposes of inspecting the
stormwater facilities during normal business hours.
7. The Permittee shall1notify the Division of any name, ownership or mailing address changes within 30 days.
PCrmlt issued this the 19tli;day of October, 2000.
NORTH CAROLiNA ENVIRONMENTAL MANAGEMENTCOMMISSION
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the IEnvironmental Management Commission
Permit Number SW8 000731
.1

TE 99074
" OFFICE,USEONhY `
4 F ¢ iE
Date Received Fee Paid Permit Number
o n 91016. 00 c U8660 lzpf
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied far use as an original
GENERAL INFORMATION
Applicants name�(specify the name of the corporation, individual, etc, who owns the project):
2. Print Owner/Sigri.ing Official's name and title (person legally responsible for facility and compliance):
3. Mailing Address for person listed in item 2 above:
City:
State: NC Zip: 28409
Telephone Number: 910-350-0425
Project Name (subdivision, facility, or establishment name — should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.): ,
Davis 'Tract
5. Location of Project (street address):
I Beasley Road
City: 1 Wilmington County: New Hanover
6. Directions to project (from nearest major intersection):
JPro'ect is approx. Il 850 If from the intersection of Pine Grove Road and Beasley Road,
1
7. Latitude : N 340 1 P 30" Longitude: W 77' 52' 30" of project
8. Contact person wJ can answer questions about the project:
Name: I Charles D. Cazier Telephone Number: 910-763-5100
II. PERMIT Inv IORMATION:
I . Specify whether project is (check one): X New Renewal Modification
I
Form SWU-101 Version 3.99 Page I of

SW8 000731.
2, if this application is being submitted as the result of a renewal or modification to an existing permit, list
The existing permit number and its issue date (if known)
3. Specify the tj of project (check one):
Low Density X High Density Redevelop General Permit Other
4. Additional Proj rct Requirements (check applicable blanks):
i
CANIA Major X Sedimentation/Erosion Control 404//401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
4
III. PROJECT4 INFORMATION
1. In the space provided below, summarize how stornnwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Infiltration Basin
2. Stormwater run off from this project drains to the Cape Fear River basin.
P J
3. Total Project Area: 3.10 acres 4. Project Built Upon Area: 38.8 %.
5. How many drainage basins does the project have'? _ 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
- r:..::. .. ...:.., -.v.r, .:...: .. .tt. n n ,. ,.,...:....,:-.::..v:::v..�
FF ..:v .
...............:.�.1..:::.: �.: �.:................ r.
Receiving Stream Name
Hewletts Creek
Receiving Stream Class
SA
Drainage Basin Area
3.10 ac
Existing Impervious * Area
-
Proposed Impervious * Area
1.20 ac
% Impervious* Area (total)
38.8%
,,.. .: .:4..a:. .. r..}.: \.:.-:. :. -{t�: :r. .. .; .... t_v:hv:nv:nk}.�}...v �'�
...,..r....:r...{.�} .r..r. .. ... .....:...........r .r.x.v..v..v..... ..x
♦
:�ni.:DrC na
.::.:..::..:...:......................:.:�.:..:�.:�.....{.}:.}:•::.`:"r;::`r�ti.4`v.�i::��
y4���yy� `':t: � rvY,•�:
����:..
On -site Buildings 14 lots @ 2700 sf
37,800 sf
On -site Streets i
11,517 sf
On -site Parking
-
On -site Sidewalks
3,049 sf
Other on -site I
-
Off -site
-
Total:
1=52,366 sf
* Impervious area is defined as the built upon arect including, but not limited to, buildings, roads, parking
areas sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

How was the off -site impervious area listed above derived? NA
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italiciIzed deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number I as issued by the Division of Water Quality. These covenants may
not be changed or`deleted without the consent of the State.
2. No more than 2 700 s uare eel o an lot shall be covered b structures o impervious materials.
q .� ofany Y .1� p
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Stivales shall not be filled in, piped or altered except as necessary to provide driveway crossings.
d. Built -upon area id excess of the permitted amount requires a state stormwater management permit modification prior
to construction.
5. All permitted runofffrotn oulparcels orfulure development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a Hamner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for
the status and availability of these forms.
Form SWU-102
Form S W U-103
Form SWU-104
Form SWU-105
Form SWU-106
Form SWU-107
Form SWU-108
Form SWU-109
Wet Detention Basin Supplement
Infiltration Basin Supplement
Low Density Supplement
Curb Outlet System Supplement
Off -Site System Supplement
Underground infiltration Trench Supplement
Neuse River Basin Supplement
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Pate 3 of

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate Ithat you have provided the following required information by initialing in the space
provided next to each item.
Applicant's Initials
• Original and one copy of the Stormwater Management Permit Application Form 6M
• One copy of the applicable Supplement Form(s) for each BMP Ox
• Permit application processing fee of $420 (payable to NCDENR) W C
• Detailed narrative description of Stormwater treatment/management
• 'fwo copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number and date
- Mean high water line
- Dimensioned property/project boundary
- ! .ocation map with named streets or NCSR numbers
- Originai contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- VI getated buffers (where required)
VII. AGENT AI ITHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (indii idual or firm): TriRp Engineering, P.C.
Mailing Address: 419 Chestnut Street
City: Wilmington I_ State: NC Zip: 28401
Phone: 9 l 0 763-5 i]00 Fax: [phone]
VIII. APPLICANT'S CERTIFICATION
I, (print or type name f person listed in General Information, item 2) Tommy Davis ,
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, . d that the proposed project complies with the requirements of 15A
NCAC 21-1.1000. 1f
Date: �/Z�7' Ott
Form SWU-101
Version
3.99 Page 4 of 4

F /30/1996 01:52
July 31, 2000
1
9107635631 TRIPP ENGINEERING
1 �
1�
1
Stormwater Narrative
Davis Tract.
New Hanover County, NC
PAGE 02
Davis Tract has a total tract area of 3.10 acres and is a residential subdivision of 14 lots.
The 3.1 acre Jact is located on Beasley Road and drains to Hewletts Creek, classification
SA. 36.5% impervious coverage is accounted for in this design. Stornawater ri noff will
be handled by an infiltration system sized for no outflow with a 3" rain. All state
requirements will be met.
Each lot will be i limited to 2,700 sf BUA. The proposed street with curb and gutter and
city sidewalk will cover 11,517 sf.

Corporation Information
http:l/corp.secstate.state.nc.us/cgi-binllistbycorp.p]
DEFi'AF.-TMENfblzO TH,E SECk&'4RY'.0' F S'1`A7E
;CORPORATIONS
Data Current as of 02/01/00
tnfo fmation for TOMMY DAVIS CONSTRUCTION, .INC.
Corporation Id: 0275865 Date of Corporation: Sep 24 1990
I
Corporation Status: AC'I,IVf
[liuration:131-HRI"ETUAL Category: BtIS]IICSS Corporation
4
Sltatc of Incorporation: NC
Country of Incorporation: UNITED STATES
iRegistered Agent Information
Rlegistcred Agent Name: TOMMY D DAVIS
A!ddress: 6423 HAWKSI3ILL DR.
I
: WILMINGTON State: NC Zip: 28409
76-ty-
Filings
Return to exact name search
Return to sotlndex Search
Notice: Information presented on this Web site is collected, maintained, and provided for the convenience of the
reader. While every effort is made to keep such information accurate and up-to-date, the Secretary of State does not
certify the authenticity oflinforrnation herein that originates from third parties. The Secretary of Stale shall under no
circumstances be liable for any actions taken or omissions made from reliance on any information contained herein
from whatever source or any other consequences from any such reliance.
l of 1 1 10/19/2000 2:41 I'M

qq0_Ii
. State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality SFP
Wilmington Regional Office
BY:
James 13. Hunt. Governor Bill Holman. $e�,ILgtap, _
FAX COVER SFIElrT
Datc: Septcmb�er 12, 2000 No. of Pages: 1 � ��;
To: Charles Cazier From: Linda Lewis
Company: Tripp Engineering . Water Quality Section - Stormwater
FAX #: [phone] FAX 9: 910-350-2004
Phone #: [phone]
DWQ Stormwatier Project #SWS 000731
Project Name: Davis Tract
MESSAGE:
Dear Charlie:
Please provide the nearest major intersection on the vicinity map.
You forgot to accciunt for the 4' side«valk in vo n• BUA calculations. Please reprise calculations and
application.
Show the 10' bottom width of the infiltration area on the plans.
1 will leave the application up front for you to make needed changes to the supplement and to page
of tine application.
S:1\�IQSIST03'\.M'l'A"1'IADDINF010007 �j 1.SEP
2 9 2000
127 Cardinal Dride Extension, NVilmir:.ton. \C 28405-3845 '1•elenhonc (910) 39i-3900 FAX [phone]
An Fqual onnc,nuniaY Affirmative Action Employer

FILE
873
R
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of F-avironment and Natural Resources
Division of Water Quality
Wilmington Regional -Office
.lames B. Hunt, Governor
FAX COVER SHEET
Date: Septemberl12, 2000
To: Charles Cazier
Company: Tripp Engineering
FAX #: 7G315631
DWQ Stormwater Project #SW8 000731
Project Name: I Danis Tract
MESSAGE:
Dear Charlie:
Holman, Secretary
o. of Pages: 1
From, Linda Lewis
stet Quality S ,ection - Stormwater
F 910-350-2004
Phone #: [phone]
Please provide the nearest major intersection on the vicinity map,
You forgot to account for the 4' sidewalk in yo
ur ux QUA calculations. Please revise calculations and
application,
Show the 10' bottom width of the infiltration area on the plazas.

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
James B. Hunt, Governor
FAX COVER SHEET
Date: September .12, 2000
To: Charles Cazier
Company: Tripp Engineering
FAX #: [phone]
DWQ Stormwate'r Project #SW$ 000731
Project Dame: I Davis Tract
MESSAGE:
Dear Charlie:
Bill Holman, Secretary
No. of Pages: 1�
From: Linda Leivis
Water Quality Section - Stormwater
FAX #: [phone]
Phone #: [phone]
Please provide the'
Inearest major intersection on the vicinity map.
You forgot to accountyour for the 4' sidewalk in our BUA calculations. Please revise calculations and
�
application. I
Show the 10' bottom width of the infiltration area on the plans.
1 will leave the application up front for you to make needed changes to the supplement and to page
2 of the application..
S:1WQS1S"I'ORM WA"1'IAD DINF0100073 l . SEP
127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Lqual Opportunity Affirmative Action Employer

TRIPP ENGINEERING} P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
July 28, 200
NCDENR
N WrG
Division of Environmental Management
Water Quality Section =Cj
127 CardinallDrivc
Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis =r�L�
Re: Davis Tract
New Hanover County, NC
TE 99674
Dear Linda:
Enclosed please find two (2) sets of plans, one (1) signed original and one (1) copy
of the application form with narrative, one (1) infiltration basin supplement, two (2) sets
of calculations; a soils report and one check for the application fee.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
I
Charles D. Cazier, E.I.
CDC:dcb
Enc.

07/30/1996 01:52
Job No. 1 / 6
9107635631 TRIPP ENGINEERING
TR pp ENGINEERING, P. C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
LETTER OF TRANSMITTAL
PAGE 01
AUG 01 2000
To: L.JJ�IV IL _ Date: dj/�
Attention: Subject _�U a tis- _
J— FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER Z
I am sending you: (I j ATTACHED { ) UNDER SEPARATE COVER
( } Prints ( ) Tracings ( ) Copy of letter ( } Specifications (Other
I
These are transmitted as checked below:
( ) For Approval { ) For Your Use ( ) Sign & Return { ) Review
c .
4
Signed:

TRIPP ENGmEEMNG7 P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX [phone]
September 18,
NCDENR I
Division of Environmental Management $Y
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Davis Tract
SW8 00073 t
New Hanover County, NC
TE-99074
Dear Linda:
In response to your correspondence dated September 12 following: , 2000,
SEP 1 9 2000
we offer the
] . A new vicinity map is provided.
2. The calculations and ap
plication have been revised.
3. The bottom of the infiltration basin is dimensioned.
Please review w for approval d contact us with any questions or comments.
Thank you. I pp an
Sincerely,
Tripp Engineeri
6LIA
Charles D. Cazier, E.I.
CDC:dcb
Enc.