SW8951007_HISTORICAL FILE_19970813

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 951001
DOC TYPE
$ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2-022 01 ZI
YYYYMMDD

YY'COOPER
BRM WRENN NORTH CAROLINA
' Otrectur awirewneritarQuaQty
January 21, 2022
Harvest Grove Homeowners Association, Inc.
Attn:Robert Myrick, President
P.O: Boz'7584
WilnUtigion, NC 28406
Subject. Permit Renewal
Pdit-Construction Stormwater Management Permit No. SW8 951007
Harvest Gi•ove
New Hanover County
Dear Mr. Myrick
Effecth e'August.1;:2013 the Post-Consti uctionStorarwater Management Program.has bee
Division of,Water Quality ("DWQ")to the Division'of Energy, Mineral and' Land Resourci
_, previous references to DWQ will remainin older permits _issued pnor:to August 1; 2013, un
.Please note thafthis'permit will now reference DEMLR as the Division iesponsible'for'enf
On Augusts; 2009,=the_Governorsi-Oed Session taw 2010 406. This law impacted any'de
issned;by the -former Division of Water Quality under Article2-1 of Chapter 143 of the'Gen
was current and valid at any pomtbetwe'en January. l; 2008, and December 31, 2010. The,I
effective, period of any, permif that was set.io expire duii g'.iti s time flame to three (3).yeai
expiration date: On -August 2, 20lb, the Governor signed Session Law 2010-177, which 6
a.total of four (4) years extension.
The Division of Energy, Mineral and Land Resources received a complete 8-year Perm
thesubject.permit on January 18, 2021. The;Division is hereby notifying you that peril
renewed updated, and re -issued on January2l,-2022,tas attached. -Please be aware that
issuance of this`stomiwater permit does riot imply.that the'siteris currently _'' ci5mpIianc
'
This'peimit,'shall-be effective until August 0, 2029,'which includes allavailable'ezten
supersede any other agency.permit that maybe required: The project shall,b'e subjecttc
' liinitat
clarifie
under
note'
- - Af any
an'adj
"writfe_
OAH
the fil'
Ralei
such d
transferred from the
(`,bEMLR7): -All a - _
11hey are modified., -
cement of the permit.
elopment approval
ral.Statu''tes;wliich -
Pv Cktended the .
from its current' -
ted an ektra.year for
Renewal Application for
tSW8951007.hag been'.
he. renewal and re
ions-arid'does not
the conditiong and,
this perm -it.. Failure to comply -with these requirements will result in future, compliance problems:. Please.: _
that this' miit_is not transferable except after notice to and approval tiy`the Dryrsron
Pe . - - _
parts; requirements, or limitations contaiued'in.this.permit'are unacceptable, you'have the right io request
udicatory hearrng•by filing'a.writteu peritioii with-tlie Office,of_A'dministrative Hearings (OA 1):.Tha , ";
npetition must conform to Chapter- 150B o_f the=North Carolina General. Statutes and must:be filed•with they= .
wrthin thirty (30) days of receipt of thispetmit:'aYod should contact the OAH with`all✓questions regarding
mg fee (if a filing -fee is iegiaed) and/or the details of the filing process at 6714 Mail Service Center,
i-.
ghi,_NC 27699-6714, or via telephone at 919-431g3000; or visit their website at www.NCOAHicom:-Unless'
errands are made this Permit shall be final and binding.
If you have any questions concerning this permit;please contact Ashley Smith in the Wilmington Regional
Office; at [phone] or [e-mail].
Smccelelyy,,
5�; Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
- North Carolina Department of Environmental Quality -I DivLc&m of Energy. Nneral"andl.and Resources
U'E'�� Wilmington Regional Office 1127 Cardinal Drive Extension I Nlhntngton, North Carolina M405
ramrwuru." ,

'` _ g North Carolina Department'of Environmental Quarry I DMsbn of Energy, M nLtalarid Land Besbuiies
E� W lmington Regional Office 127 Cardh a1 D ve Ez ens on I Wilm ngton No thCarolh a28405
910.796.77215'

Post -Construction Stormwater Management
Permit No. SW8 951007
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT WITH A CURB OUTLET SYSTEM
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Harvest Grove Homeowners Association, Inc.
Harvest Grove Subdivision
Harvest Grove Ln, Wilmington, New Hanover County
FOR THE
operation and maintenance of a detention pond in compliance with the provisions of 15A NCAC 2H
.1000 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved
stormwater management plans, supplement, calculations, operation and maintenance agreement,
recorded documents, specifications, and other supporting data (the "approved plans and
specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and
Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and
maintained in accordance with these approved plans and specifications. The approved plans and
specifications are incorporated by reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until August 13, 2029 and shall be subject to
the following specified conditions and limitations. The permit issued shall continue in force and effect
until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
This stormwater system has been approved for the management of stormwater runoff as
described on page 2 of this permit, the Project Data Sheet. The subdivision is permitted for 28
lots, each allowed 5,989 square feet of built -upon area. A portion of the runoff from the road
and future development is treated in a curb outlet system.
Page 1 of 5

Post -Construction Stormwater Management
Permit No. SW8 951007
DIVISION OF Energy, Mineral, and Land Resources
PROJECT DATA SHEET
Project Name:
Permit Number:
Location
Water Body Receiving Stormwater Runoff.
Classification of Water Body:
If Class SA, chloride sampling results:
Pond Depth
Permanent Pool Elevation:
Total Impervious Surfaces Allowed:
(28 lots at 5,989 ft' each)
Roads/Parking
Offsite Area entering Pond:
Required Surface Area:
Provided Surface Area:
Required Storage Volume:
Provided Storage Volume.
Temporary Storage Elevation:
Controlling Orifice:
II. SCHEDULE OF COMPLIANCE
Harvest Grove Subdivision
951007
Harvest Grove Ln, Wilmington, New Hanover
County
Hewletts Creek
"SA"
10 mg/I
3 5 feet
12.8 MSL
142,695 square feet
167,692 square feet
52,860 square feet
None, per Engineer
14,270 square feet
15,000 square feet
16,601 cubic feet
51,504 cubic feet
15.77 MSL
2" pipe
The permittee is responsible for verifying that the proposed built -upon area 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, and responsibility for meeting the built -upon area
limit is transferred to the individual property owner.
2. The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements. The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made.
3. The permittee will comply with the following schedule for construction and maintenance of the
stormwater management system:
a. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface
except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
Page 2 of 5

Post -Construction Stormwater Management
Permit No SW8 951007
The permittee grants permission to DEMLR Staff to enter the property for the purposes of
inspecting the project for compliance with the conditions of this permit.
5. Decorative spray fountains will be allowed in the stormwater treatment system if calculations
are provided documenting the permeant pool volume is greater than 30,000 cubic feet.
6. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
h. Other modifications as determined by the Director.
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on
the Certification A modification may be required for those deviations
The permittee 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 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and
piping.
g. Access to the outlet structure must be available at all times.
9. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
Page 3 of 5

Post -Construction Stormwater Management
Permit No. SW8 951007
10. 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 maximum built -upon area per lot is 5,989 square feet, inclusive of that portion of
the right-of-way between the lot line and the edge of pavement, structures, pavement,
walkways of brick, stone, or slate, but not including open wood decking."
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 of the State."
d. "Lots within CAMA's Area of Environmental Concern may be subject to a reduction in
their allowable built -upon area due to CAMA regulations."
11. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
12. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of
the date of recording the plat. The recorded copy must be signed by the Permittee, dated,
stamped with the deed book number and page, and bear the stamp/signature of the Register
of Deeds.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems These additional or replacement measures shall receive a permit from
the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of
the following
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
Page 4 of 5

Post -Construction Stormwater Management
Permit No SW8 951007
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the project and the on -site stormwater system complies with
the permit conditions. Records of maintenance activities performed to date may be
requested. Protects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
d ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted
site does not meet one or more of the minimum requirements of the permit. Within the
time frame specified in the notice, the permittee shall submit a written time schedule to
the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of modified plans and certification in writing to the Director that the
changes have been made.
OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction. Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
Permit renewed, updated and reissued this the 21 st day of January 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
C/q�F
Bnanvvrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5

Attachment C - Permitting History
Harvest Grove
Permit No. SW8 951007
Approval
Date
Permit
Action
BIMS
Version
Description of the Changes
3/18/1996
Original
Approval
10
11/5/2009
Renewal
2.0
Expires August 13, 2017
4/29/2010
Transfer
2.1
From Beasley Associates to
Harvest Grove Homeowners
Association, Inc.
1/21/2022
Renewal
3.0
Expires August 13, 2029

MAR-16-2010 TUE 02:17 PM NCDENR FAX NO. 910 350 2004 P. 02
POND MAWENANCE REQU RE[VIENTS
project Name: Harvest Grove Subdivision Project No. 5(N$ QS 007
Responsible party: Leroy 'Heasley, Jr. Pbone No. 910-799-8062
Address: 5094 Fdinboro Lane, Wilmington, N. C. 28409
I. Monthly, or after every runoff producing rainfall event, whichever comes first:
A. Inspect the trash tack; remove accumulated debris, repair/replace if it is not functioning.
B. Inspect and clear the orifice of any obstructions. If a pump is used as the drawdown
mechanism, pump operation will be checked. A log of test runs of the pump will be kept
on site and made available to DEM personnel upon request.
C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded
area before the next rainfall event.
D. If the pond is operated with a vegetated filter, the filter will be checked for sediment
accumulation, trash accumulation, erosion and proper operation of the flow spreader
mechanism. Repairs/cleaning will be. done as necessary.
U. Quarterly:
A. Inspect the collection system (ie. catch basins, piping, grassed swales) for proper
functioning. Accumulated trash will be cleared from basin grates, basin bottoms, and
piping will be checked for obstructions and cleared as required.
B. Pond inlet pipes will be checked for undercutting, riprap or other energy dissipation
structures will be replaced, and broken pipes will be repaired.
M. Semi-annually:
A. Accumulated sediment from the bottom of the outlet structure will be removed.
B. The pond depth will be checked at various points. If depth is reduced to 75 % of original
design depth or 3 feet whichever is greater, sediment will be removed to at least the
original design depth.
C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year
as necessary.
D 1,27
QSubMi++e d F 0sRt iG i>r 1
s 2ow r e vi s, oAS n C (� O M l� D
APR
OCT 1.0 1"5
D
rao7sw % '7
� 51W1

MAR-16-2010 TUE 02:18 PM NCDENR FAX N0, 910 350 2004 P. 03
IV. General:
A. Mowing of the side slopes will be accomplished according to the season. Maximum grass
height will be 6".
H. Cattails are encouraged along the pond perimeter, however they will be removed when they
cover more than 1/2 the surface area of the pond.
C. The orifice/pump is designed to draw down the pond in 2-5 days. If drawdown is not
accomplished in that time, the system will be checked for clogging. The source of the
-clogging will be found and eliminated.
D. All components of the detention pond system will be kept in good working order. Repair
or replacement components will meet the original design specifications as per the approved
stormwater plan. If previously approved components are determined to be ineffective, the
component must be redesigned r laced.
V. Special Requirements: In;h'al J l��fe % CEIVED
rar scu a/es o APR 2 9 2019
I r) nsf¢ct' /arnfhA - re rr a reSee/ erv0%o/ a5.
2) Rcmcve xr_u'"j/vterseo/'77ent BY'—
3) Nvw &c"7/�� �r�u,;�q 52aSo/7 , /1aK 9r2Ss )ir✓, f- (v'�
a) Cat h b, �r,/eS J✓w,'// �/e area(o {F mo��h7�.
I, Z8 ( �� �� / *" , hereby acknowledge that I am the financially
responsible part for maintenance o his detention pond. I will perform the maintenance as outlined
above, as part o the CFrtification Complian with Stormwater Regulations received for this project.
Signature: Daft~ —7 4 T
t - i •' �
I, llO7lr¢riz. e. S +►,aNotary Public fortheState of��r�l, �GA,ncl, ,
Countyof (\e.,J ano,r¢r ,doherebycertify that 4.4.ro
personally appbared before me this I, tt-, day of �c ec '6 ar , 19 .and acknowledge the
due execution of the foregoing instrument. Witness my hand and official seal,
�(� 1 S$A *XENE C.
My commission expires
G-
DA/arl: S:1WQSISTORMWAT\FORWO&M-POND.FOR'.�'`:
OVER C�

�.'-sW'-,,P:.'r ,�&'�:.'±c,.iTS1C. :�?.,,.:»: ;r€a r'!'t� iS;=,S 3,;•,+�%UEMC3i,USE
Date Rpoeivqd
Fee Paid
Permit Number
it 1
D D
STATE STORMWATER:
PERMIT INFORMATION UPDATE APPLICATION
There is NO FEE for updating project name or perms tee
JAN 18 2022
This form is to only to be used by the current permittee to notify the Division of: UYt
f) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA
2) changes to the mailing address, phone number or email address of the current permittee; ,
3) changes to the name of the project, and
4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS.
A. NEW PERMIT INFORMATION
State Stormwater Permit Number:
Are you updating
(check all that apply):
If so, please provide the updated information:
❑ Project name
_
❑ Corporation Name'
I
[� Permit Contact Namez .3
Permit Contact Title
/S/yRdEST lrROarE f�DA RES i ti 7
Mailing Address3
Phone number
j/U 5Od Z/el
[� Email address
Q06/77 R i C 7< (RI lr /y/.c . G a m
Provide documentation such as a Name Change /Merger filed with the NCSOS.
Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance
with 15A NCAC 02H .104001.
If more than one point of contact or mailing address is being changed, please attach a separate sheet.
B. CERTIFICATION OF PERMITTEE
I, /aA c eT IZ41 / 6xl the curre4permittee, hereby notify DEMLR that I am making the changes as listed
in Section A above, further attest that this application for an update to the permit information currently on file is accurate
and,complete to the best of my knowledge.
Signature:
—�ZZ o�-
I, l� 4Wa Notary Public for the/State of
County of /V ���C�U C' do'hereby certify that _ /C D C� r /1 YK -f &r,
personally appeared before me this the day of —�G 4it 1 20--?!n2,, and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature �L%` �T�y/y� E G�"✓' `"
My commission expires � � � Z9
rUSr:#OTA81-10
gy•
fzzf99 ::J
Stormwater Permit Information Update Form Page, t of 1
May 11, 2017

Dat R ved Fee Paid Permit Number
as o —I sty 00
NC DEG Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.i -qM, the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: cS CO P 9 5 / O O '7
2. Project name: 6AR ✓E S T U/RQV 6-
3. Project street address: 14k V,-x'STo—RD 14 �4 AAj e
City: Jul/.( m:iu 6i—o,,U County:
4. What, if any, changes have been made to the project as permitted?
zip: aYvog
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: httosl/dea.nc.aov/aboutidivisions/energy;
mineral-land-resources/energy_mineral-land _rules/stormwater-orogram%post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: httus://deg.ncgavlabout/dMsions/energy-mineral-land-
resourceslenergy-mineral-land-rules/ rrr- Iw to er-Drggram/oost-ppn$trortjgn. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holders Company Name/Organization: %7f1i4✓f5� lsO,o ✓� f>/oA
2. Signing Official's Name: _�'t?LiERT n7/i!G/l
3. Signing Official's Title: �es r OEiv
? 4. Mailing Address: /0A Z31)[ 75-S Y
City: &)1,4 /.uGTo y State: IU C� ZIP
5. Street Address: S� �d /✓9 e ✓£S T Ge0✓E AuE
City: State: Al ZIP: o?Byog
6. Phone:( 9l0) ,1�OR SyySEmail: 1do6l7g.gA/CK GmAia. co.n
JAN 18 2022
Stormwater Permit Renewal Form Page' t'of 3 1 May 11, 2018

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEP.ILR Ejegional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HOW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information Is provided in the application package:
1. A permit application processing fee of $505.00 payable to NCOEQ.
f 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation - a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) - a manager or company official as those terms are defined
in G.S. 570 "North Carolina Limited Liability Company Act;"
c. Public Entity - a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership - the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by. one of the signatories notedin a - e above authorizing the
signature of another entity.
V 3. One hard copy and one eleotronic copy of recorded documents required by the original permit that
have not yet been received fly DEMLR,,including: deed restrictions,.protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. It
the project has not been built, mcludpla signed agreement that the final recorded deed restrictions
',. and protective covenants will be submitted at a later date.
4. O&M Agreements, Please select one:
I have a copy of the c4trent recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to, keep this on file with the permit.
5. Designer Certifications, Please.select one:
La A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. (IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed processional stating'that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. (IF APPLICABLE) When the.permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b),
ht* S.itw" (N.SOStiC.0 UV/Unlnte' servicesisearch/b title/ Business f-ie istrapon
?.....___......_.___.I__.._......_-.---...._____...__..._Y.__..�..._- G..._....---..._.
is
4 del
Siorm:vaipr Per;;-i; nprwv;ai Acptit,aeron form Pa;;t" 2 ai 3 �
s
JAN 18 2022 1
May 11, _'018

D. PERMIT��TEE'S CERTIFtCATiO N
1, , the person legally responsible for the permit, certify that I have
a copy of the Permit an Oti &M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correct and complete.
Signature: %G�b/�� Date: �/ y/�°a
I, / lw)< A4 l-O'�F L C-- , a Notary Public for the State of
County of do hereby certify
that —1V U _Lv( yiCTL/L personally appeared before me
this the ,41 day of Ow^j C4 )-o! 4 � 20 �� , and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
l .i .
Notary Signature:
My commission e1
JAN 18 2022
BY:_
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

Harvest Grove Subdivision
New Hanover County
Stormwater Project No. SW8 951007
Engineer's Certification
RECEIVED
JUL 2 01998
BY:
I, J. Ward Andrews , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the
project,
larvest Grove Subdivision
(Project)
for Beasley Associates (Project Owner) hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the project construction such that the construction was
observed to be built within substantial compliance and intent of the approved plans and specifications.
Please note any deviations from the approved plans below: ',,,,,,,,"
Signature , y_, /
Registration umber 1371
Date 7//5
.,`' I,1,
FO(A CARP
o6iiss o�-'',,_
SEAL =
:•►3 1371
y
�oy�Fs+ IN SEAL
SEAL
'`•,1y RA D

21-93 0132
I• DECLARATIONS OF RESTRICTIONS- HARVEST GROVE
II. BYLAWS
III• RULES AND REGULATIONS FOR ENFORCEMENT
PROCEDURES
IV
V
PAGE 1
PAGE. 12
PAGE 31
REGULATIONS PERTAINING TO THE STORMWATER PAGE 35
MAINTENANCE PLAN
REGULATIONS PERTAINING TO THE ALLOWABLE BUILT -
UPON AREA FOR EACH RESIDENTIAL LOT PAGE ?8.
ADMITTED TO RECORD
_ _DAY OFMwl
AT t r o 'A
VARY DOTS
REGISTEFaOF DEEPS
- NEW KA14OVER COUNTY
FOR:
0,000•14
HARVEST GROVE
HOMEOWNERS ASSOCIATION
RETU� ;;; �, Ti.

0133
DECLARATION OF RESTRICTIONS
IIARVEST GROVE
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned, Beasley Associates, its successors and
assigns (herein -after "BA"), a North Carolina partnership, is the
owner of all of the interest and equity in that certain tract of
land known as IIARVEST GROVE and it is the desire of the
undersigned, to ensure the use of said property for attractive
residential purposes only, to prevent the impairment of the
attractiveness of the property, to maintain the desired tone of
the community, and thereby to secure to each lot owner the full
benefit and enjoyment of his home with no greater restriction
upon the free and undisturbed use of his lot than is necessary to
ensure the same advantages to the other lot owners;
NOW, THEREFORE, the undersigned does hereby covenant, agree and
declare to and with all persons, firms, or corporations owning or
hereafter acquiring any property in [1ARVEST GROVE that all of
the lots in said subdivision as shown upon a map recorded in Map
Book 37 at Page 18- 1)l , of the New Hanover County Registry,
are hereby made subject to the following restrictions as to the
use thereof, running with the land by whomsoever owned, to -wit:
FIRST. MEMBERSHIP: The Association shall have two classes of
voting memberships:
Class A: Class A members shall be those Owners, with the
exception of BA until its Class B membership has converted to
Class A membership, who own lots within HARVEST GROVE Each
Class A member shall be entitled to one vote for each lot so
owned.
Class B: The Class B member shall be BA and it shall be
entitled tc three (3) votes for each lot owned by it. The Class
B membership shall cease and be converted to Class A membership_
upon the happening of either of the following events, whichever
occurs earlier: when the last lot is sold by declarant or on
December 31. 2007 .
SECOND. RESIDENTIAL USE ONLY: All lots in said Subdivision
shall be known as single-family residential lots, and shall be
used for residential purposes only.
All streets in HARVEST GROVE will be private and maintained by
11ARVEST GROVE Homeowners Association.
THIRD. SIZE OF STRUCTURES:' Any dwelling erected on a lot shall
contain at least 2200 square feet,
1

.1 9 3 0 1 3 `i
The term "enclosed
dwelling area" as used in this section shall mean the total
enclosed area within a dwelling subject to heating and cooling;
provided, that the terms specifically do not include garages,
terraces, open porches, decks, stoops, and like areas regardless
of heating or cooling. In cases where the square footage area is
not more than ten percent (10%) below minimum above set out,
Declarant may, at their option, approve the construction of the
dwelling if it is in conformity with the general development of
the subdivision.
A detached or attached garage for not less than two (2) cars must
be constructed on each lot within the Subdivision at the time of
construction of the primary dwelling located thereon.
Driveways on each lot shall be constructed of concrete, brick, or
exposed aggregate or other material approved by BA.
FOURTH. DETACHED STRUCTURES: All detached structures
constructed on any lot in the Subdivision shall conform to the
design and material specifications approved for the dwelling
constructed thereon and shall be approved by BA.
FIFTH. EXTERIOR COMPOSITION: No concrete block, concrete
brick, asbestos siding, aluminum siding, cinder block nor tar
paper composition shall be used for the exterior of any dwelling
constructed on any lot located in the Subdivision. All exterior
siding and roof materials will be approved by BA.
SIXTH. SETBACKS AND SIDELINES: Since the establishment of
standard inflexible building setback lines for location of
dwelling on lots tends to force construction of dwellings
directly to the side of other dwellings with detrimental effects
on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific
setback lines are established by these Restrictions. In order to
assure, however, that the foregoing considerations are given
maximum effect, BA reserves the absolute right to control and
approve the site and location of any structure upon any lot. In
any event, the following minimum setback lines, side lot lines
and rear lot lines will be observed upon all lots:
301 front setback - 10'side lot lines - 251 rear lot line
On corner lots, the -side having the least frontage will be
considered the front line of said lot.
SEVENTH. USES PROHIBITED: No lot located within the Subdivision
shall ever be used for business, manufacturing, commercial or
O�

?i93 O1^ U 5
professional purposes, it being intended that ail lots are
restricted to residential use only.
An office will be permitted within the single family residence,
but no extensive vehicular traffic will be permitted to enter or
exit the subdivision as a result of the office function.
EIGHTH. TEMPORARY STRUCTURES: No house trailer, mobile home,
tent, shack, garage, prefabricated, premanufactured or temporary
structure of any nature, shall be located on any lot or used at
any time as a dwelling, temporarily or permanently, nor shall any
structure of a temporary character be used as a residence.
NINTH. FENCING AND SODDING:
(a) BA reserves the right, in its sole discretion, to
approve all fencing plans for any lot in the Subdivision. Any
owner of any lot who desires to erect a fence thereon must first
submit a perimeter plan for said fencing, along with the
specifications on materials and design to BA and obtain BA's
approval prior to the beginning of construction of said fence.
(b) No fence so approved or consented to shall be
permitted nearer the front lot line than the rear corners of the
house constructed upon said lot.
(c) All front areas of the dwelling will be sodded,
sprinkled and landscaped to extend as a minimum distance to the
rear corners of the dwelling. Any exceptions will be approved by
BA, All landscaped plans for these areas will be submitted as
only approved by BA. -
TENTH. SIGNS: No advertising signs or billboards shall be
erected on any lot or displayed to the public on any lot, except
that one sign, not to exceed five (5) square feet in area, may be
used to advertise a completed dwelling for sale. No "For Sale"
signs are allowed on any unimproved lot with the exception of the
declarant may have a "For Sale" sign on unimproved lots. This
covenant shall not apply to signs erected by BA used to identify
and advertise the Subdivision as a whole, by a contractor for an
item of work being performed on a given lot, or by a bank or
mortgage banks advertising that it has provided the financing for
said construction during construction only.
ELEVENTH. FUEL TANKS, STORAGE RECEPTACLES, ETC.: No fuel tanks
or similar storage receptacles located on any lot may be exposed
to public view. Any such receptacles must be installed only
within the main dwelling house, within an accessory building,
within a screened area, or buried underground.
TWELFTH. SATELLITE DISHES, ETC.: No television antennas, or
television or radio satellite dishes are allowed on any lot in
the subdivision. However, radio antennas may be erected with
3

zUVh
PACE
0136
specific permission of BA.
THIRTEENTH. ANIMALS, NUISANCES, ETC.:
(a) No noxious or offensive activity shall be carried on
or maintained on any lot or part of any lot, nor shall any use be
made of any,portion of said property which may be or may become
an annoyance or nuisance to the neighborhood.
(b) No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot in the subdivision, except that
dogs, cats or other household pets may be kept for the purpose of
providing companionship for the private family.
Animals are not to be raised, bred or kept for commercial
purposes or for food. It is the purpose of these provisions to
restrict the use of any lot so that no person shall quarter on
said lot cows, horses, bees, hogs, sheep, goats, guinea fowls,
chicks, geese, rabbits, chickens, turkeys, skunks, snakes, or any
other animals that may interfere with the quietude, health or
safety of the community. No more that four (4) household pets
will be permitted on any lot. Pets must be restrained or
confined on the homeowner's back lot inside a fenced area or,
within the house, except for cats. It is the pet owner's
responsibility to keep the lot clean and free of pet debris. All
animals must be properly tagged for identification.
(c) unsightly inoperative junk cars, equipment, materials
and like exposures cannot be maintained on the property either
prior to or after the residence has been erected on any lot.
(d) Basketball goals, vegetable gardens and clotheslines
must be out of sight visibly from the front of dwelling and
shielded by an approved privacy fence or approved screening.
FOURTEENTH. CONSTRUCTION APPROVALS:
(a) All building plans for any structure to be constructed
in the Subdivision shall be approved by BA prior to the beginning
of construction. Front, rear and side elevations, together with
specifications on the exterior siding, windows, doors, roofing
and exterior colors must first be submitted to BA for review and
approval prior to the beginning of construction, to include
sitework.
(b) Landscaping shall be approved by BA prior to any
landscaping being done. Plans submitted for approval shall
include a site plan with lot lines, building outlines, driveways
and parking areas. Identification
of trees to be removed (with a caliper of 5" or more on
hardwoods, and a caliper of 121, or more on pines) is required.
Trees within 10, of the perimeter boundaries of any building
shall be unregulated. Landscaping plans shall include sufficient
cover to screen air condition compressors, trash receptacle
areas, and shall provide visual breaks to the building
foundation.
Undergrowth may be cleared from any lot.
19

t'F6�
'193 0131
(c) All trash and debris shall be cleaned from the site
within thirty (30) days after completion of the main structure on
any lot. During construction, trash and debris shall be removed
from the site to prevent unsightly accumulations and the
resulting spread thereof to adjacent property. Dumpsters or
fenced areas shall be required for the placing of loose trash and
debris. Dumpsters shall not be placed within any street -right of
way. Upon a lot owners failure to collect and dispose of such
trash and debris within (30) days after receipt of written notice
from BA, BA may collect and dispose of same at the lot owner's
expense.
(d) Developer may appoint a committee to assist it in the
review of plans and specifications hereunder. After all lots in
the Subdivision have been sold and closed, all of Developer's
responsibilities for such approvals will be turned over to a
committee appointed for such purpose by HARVEST GROVE Homeowners
Association.
(e) No structure, planting or other material may be placed
in such a manner or location as to impede the installation and
maintenance of utilities and drainage facilities, unless the
location and manner of use thereof has been first approved in
writing by the Developer.
FIFTEENTH. PARKING PROHIBITED: No boats, trucks, cars,
trailers, campers, motorcycles, travel trailers, or other type of
recreational vehicle may be parked or stored on any of the common
areas or the street right
of way in the Subdivision. Neither, will these vehicles be
allowed on a dwelling site, except to be parked in an attached or
detached garage.
SIXTEENTH. EASEMENTS AND MAINTENANCE:
(a) Easements for the installation and maintenance of
utilities and drainage facilities are reserved as shown on the
Plat OF HARVEST GROVE _ Easements are also reserved for the
installation, operation, maintenance and ownership of utility -
service lines from the property lines to the residence. BA
reserves the right to make changes in and additions to the above
easements for the purpose of most efficiently and economically
installing improvements. By acceptance of a deed to any lot, the
owner thereof covenants and agrees to mow weeds and grass and to
keep and maintain in a neat and clean condition any easement
which may traverse
a portion of the lot, and in the event that the Buyer or
Purchaser of any lot within the said subdivision breaches this
restriction, BA reserves the right to enter upon said lot and mow
the grass, clean up the lot and remove unsightly structures and
objects, at the owners expense.
It will be the responsibility of the HARVEST GROVE Homeowners Association
for the maintenance and upkeep of all drainage easements and public utility,
easements.
5

'i93 0138
All maintenance required hereunder shall also include that
area from the lot line to paved streets and any easements that
traverse any portion of the lot.
(b) The general grading, slope and drainage plan of a lot
may not be altered without the express written approval of BA and
New, Hanover County and other appropriate agencies having
authority to grant such approval.
(c) Each lot owner shall maintain the exterior of all
buildings, fences, walls and other improvements
on his lot in good condition and repair, and shall replace worn
and rotten parts, and shall regularly repaint all painted
surfaces and shall not permit the roofs, rain gutters, downspout,
exterior walls, windows, doors, walks, driveways, parking areas
or other exterior portions of the improvements to deteriorate in
an unattractive manner.
SEVENTEENTH. UTILITY EASEMENTS RESERVED: BA reserves the right
to subject the real property in this Subdivision to a contract
with Carolina Power and Light Company for the maintenance of
underground electric cables and/or the installation of street
lighting, either or both of which may require a continuinq
monthly payment to Carolina Power and Light Company by HARVEST
GROVE Homeowner's Association.
EIGHTEENTH. POST AND PAPER BOXES: Each lot in the subdivision
sha11 have only one (1) mailbox and one (1) paper box to be
mounted on a single post.
NINETEENTH, WATER AND SEWER:
(a) All water to be used in said subdivision for domestic
Purposes shall be obtained from the Community Water System,
unless other sources are approved by the City -County Board of
Health and the owner of the Community water system, or their
successors. Lot owners may, however, drill shallow wells for
irrigation purposes and for non -domestic usage. An eight (8)
foot radius from each water meter shall be an easement for
maintenance and repair of such meter. Additionally, the front 10
feet of each lot is hereby reserved for utility easements.
The Developer hereby grants an easement to the Community water
company along all streets and roads in the subdivision for the
purpose of installing, maintaining, repairing and replacing water
lines.
(b) Sewage disposal shall be only into the New Hanover
County sewage collection system.
N

gs u1J9
TWENTIETH. OWNERS ASSOCIATION: To provide for the maintenance,
repair, upkeep and replacement
of the private streets, street signs, berms and swages,
and common areas, (to
include detention ponds) BA nas rormed HARVEST -GROVE Homeowners
Association, a non-profit corporation organized pursuant to
Chapter 55A of the General Statutes of North Carolina. The
Association shall be responsible for providing any necessary
liability insurance. The Articles of Incorporation for said
corporation are recorded in Book 2191 , at Page 0556 of the New
Hanover County.Registry. The By -Laws for said corporation are
attached hereto as Exhibit "A", and are incorporated herein by
reference.
Every owner of a fee simple title to a lot within the development
shall be deemed to own, possess and have accepted:
(a) The memberships) in the HARVEST GROVE Homeowners
Association appurtenant to his lot(s);
(b) An undivided equal interest with all other owners, for
each membership in the Association own2d, in the Association and
all of its assets;
(c) An easement of enjoyment, equal to that of all other
owners, in and to the common areas, subject to the
right of the Association to dedicate or transfer all or any part
of the common areas and amenities, for such purposes and subject
to such conditions as the Association may determine, acting by
and pursuant to the provisions of its duly enacted By -Laws.
(d) The duty of complying with and abiding by all of the
provisions of these Articles, the By -Laws of the Association and
the Rules and Regulations of the Association, including the
payment of dues and assessments as provided elsewhere herein.
TWENTY-FIRST. LIENS AND ASSESSMENTS: The Association has
heretofore been given the authority
to administer the operation and management of the common areas
of the property, it being recognized that the
delegation of such duties to one entity is in the best interests
of the owners of all lots subject hereto to properly administer
the operation and management of the common areas
the Association will incur, for the mutual benefit of all the
owners of such lots, cost and expenses sometimes herein referred
to as "common expenses". To provide the funds necessary for such
proper operation, management and capital improvement, the
Association has heretofore been granted the right to make, levy
and collect assessments to pay the costs and expenses for the
operation of, the management of, and for capital improvements to
the common areas, which for the purpose of these By -Laws shall be
deemed to include, but not be limited to, the common areas,
and all other improvements, the following shall be
operative and binding upon.the owners of all lots:
7

01U10
(1) The owner of any lot subject hereto by acceptance of a
Deed therefore,whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the Association:
(i) annual assessments or charges; and
(ii) special assessments for capital improvements
or special assessments as established by the Board of Directors
of the Association, such assessments to be established and
collected as hereinafter provided.
The annual and special assessments, together with
the interests, costs, and reasonable attorney's fees, if any,
shall be a charge on the lots and shall be a continual lien upon
each lot against which they are levied. Each such assessment,
together with interest, costs and reasonable attorney's fees,
shall also be the personal obligation of the person or entity who
is the owner of such lot at the time when the assessment falls
due. The personal obligation for delinquent assessments shall
not pass to any successor in title unless expressly assumed by
him.
(2) The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and
welfare of the residents of the property and in particular for
the maintenance, repair and replacement of all common areas,
and streets.
(3) The annual assessments for each calendar year shall be
established by the Board of Directors, and may be increased by
the Board of Directors for any calendar year without approval by
the membership -
by an amount not to exceed ten percent (10%) of the maximum
annual assessment of the previous year. The maximum annual
assessment for any calendar year may be increased without limit
by a vote of two-thirds (2/3) of the members who are voting in
person or by proxy at a meeting called for this purpose.
(4) In addition to the annual assessments authorized
above, the Association may levy, in any calendar year, a special
assessment for the purpose of defraying in whole or in part, the
costs of any construction, reconstruction, repair or replacement
of a capital improvement to the common areas, and streets
provided that any such assessment shall have the
assent or two-thirds (2/3) of the vote of the members who are
voting in person or by proxy at a meeting duly called for this
purpose. All special assessments shall be fixed to the uniform
rate for all lots and may be collected on a monthly basis.
(5) written notice of any meeting called for the purpose
of taking any action authorized under (4) shall be sent to all
members not less than (10) days nor more that sixty (60) days in
advance of the meeting. At'the first such meeting called, the
91

•,9s 01`i
presence of members or of proxies entitled to cast sixty percent
(6096) of
all votes of the membership shall constitute a quorum. If the
required quorum is not present, another meeting may be called
subject to the same notice requirement, and the required quorum
of the subsequent meeting shall be one-half (1/2) of the required
quorum of the preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preceding
meeting.
(6) The annual assessments provided for herein shall be
collected on a yearly basis and shall commence as to all lots
within a particular subdivision on the first day of the
thirteenth month following recordation of the Declaration of
Restrictions for said subdivision. The first annual assessment
shall be adjusted according to the number of months remaining in
the calendar year.
(7) Any assessment not paid within thirty (30) days after
the due date shall bear interest at the rate
of ten percent (10%) per annum from the date due until paid.
The Association may bring an action at law against the owner
personally obligated to pay the same or foreclose the lien
against the lot and interest, costs, and reasonable attorneys
fee,of such action or foreclosure shall be added to the amount of
such assessment.
(8) The lien herein granted unto the Association shall be
enforceable from and after the time of recording a claim of lien
in the public records of New Hanover County, North Carolina,
which claim shall state the description of the lot encumbered
thereby, the name of the record owner, the amount due and the
date when due. The claim of lien shall be recordable any time
after default and the lien shall continue in effect until all
sums secured by said lien as herein provided shall have fully
paid. Such claims of lien shall include only assessments which
are due and payable when the claim of lien is recorded, plus
interest, costs, attorney s fees, advances to pay taxes and prior
encumbrances and interest thereon, all as above provided. Such
claims of lien shall be signed and verified by an officer or
agent of the Association. Upon full payment of all sums secured
by such claim of lien, the same shall be satisfied of record.
The lien provided for herein shall be subordinated to the lien of
any first mortgage or Deed of Trust and any person, firm,
corporation or other entity acquiring title to any lot by virtue
of any foreclosure, deed in lieu of foreclosure or judicial sale,
shall be liable and obligated only for assessments as shall
accrue and become due and payable subsequent to the date of
acquisition of such title, and it shall not be liable.for the
payment of any assessments which were in default and delinquent
z

'�93 01y2
at the time it acquired such title. In the event of the
acquisition of title to a lot by foreclosure, deed in lieu of
foreclosure or judicial sale, any assessment or assessments as to
which the party so acquiring title shall not be liable shall be
absorbed and paid by all owners of all lots as a part of the
common expenses, although nothing herein contained shall be
construed as releasing the party liable for such delinquent
assessment from the payment thereof or the enforcement of
collection of such payment by means other than foreclosure.
(9) Upon the sale of seventy-five percent (75W) of the lots in
HARVEST GROVE , BA will turn over control of the owners
association to the Board of Directors to be elected by the
membership in accordance with the By -Laws of the Association.
Until such time, however, BA shall appoint the Board of Directors
of the Association.
TWENTY-SECOND. INVALIDATION: Invalidation of any one of these
covenants by judgements or court order shall in no way affect any
of the other covenants herein, which shall remain in full force
and effect.
TWENTY-THIRD. VIOLATION: If the parties hereto, or any of
them, or their heirs and assigns shall violate or attempt to
violate any of the covenants herein, it shall be lawful for any
person or Persons owning any real property situated in said
HARVEST GROVE to prosecute any proceedings at law or in equity
against the person or persons violating or attempting to violate
any such covenants, and either to prevent him or them from so
doing or to recover damages or other dues for such violation.
TWENTY-FOURTH. VALIDITY: All covenants, restrictions and
affirmative obligations set forth in these Restrictions shall run
with the land and shall be binding on all parties and persons
claiming under them to specifically include, but not be limited
to the successors and assigns, if any, of BA, for a period of
twenty (20) years from the date hereof after which time all said
covenants shall be automatically.extended.for successive periods
of ten years, unless an instrument signed by the owners of a
majority of the lots (not including mortgagees or trustees under
deeds of trust) substantially affected by such changes in
covenants, has been recorded, agreeing to change said covenants
in whole or in part.
TWENTY-FIFTH. DEVELOPER'S RIGHT TO AMEND: Developer shall have
the right, at anytime prior to December 31, 2002, to amend these
Restrictions, in whole or in part, without the consent or joinder
of any owner of any lot in said Subdivision.
10

suds. PAGE
? 1 9 3 0143
IN TESTIMONY WIIEREOF, BA has caused this instrument to be signed in its
name by its partners this 4th day of June , 1997.
BEASLEY ASSOCI
By:
STATE OF NORTH CAROLINA
COUNTY OF HEW HANOVER
ey,
(SEAL)
I, a Notary Public of the County and State aforesaid, certify that
Leroy Beasley, Jr., and Sondra A. Beasley, General Partners of
BEASLEY ASSOCIATES, a North Carolina General Partnership, for and
on behalf of the partnership, personally appeared before me this
day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official stamp or eal, this 4th day of June
1997.
My Commission Expires:
10/16/2000 Notary Pub is
STATE Or NORTH CAROLINA
New Hanover County
The Foregoing/ Annexed Ceruficate(s) of
2 I�
Notary (Notaries) Public is/are certified
to be corn
This the day ofTIA 019
tar Site Oats , Registe f Dccd
by
II Dcputy/

aCu^K PACE
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BYLAWS
OF
HOMEOWNERS ASSOCIATION- HARVEST GROVE
ARTICLE I.
General Provisions
SECTION 1 - IDENTITY: These are the By -Laws of the
Homeowners Association• HARVEST GROVE „ a non-profit corporation
organized pursuant to the laws of the State of North Carolina;
the Articles of Incorporation for which have been recorded in
Book 2191 , at Page 0556 , in the Office of the Register of
Deeds of New Hanover County, North Carolina.
SECTION 2 - INCORPORATION: The provisions of these By -Laws
supplement and are enacted pursuant to the provision of the above
referenced Articles of Incorporation and are applicable to the
record owners of lots located upon or within that certain
development of real property known as HARVEST GROVE as shown
upon a map thereof recorded in Map Book 3-7, at Page lR of
the New Hanover County Registry.
SECTION 3 - APPLICATION: These By -Laws shall, in
conjunction with the above referenced Articles of Incorporation
govern the affairs, rights, privileges, duties and obligations of
the Association, all owners, the Developer, all mortgagees,
beneficiaries under Deed of Trust, Lessees and occupants of all
lots subject hereto, their employees and all others who may use
or enjoy any of the property subjected hereto, and the acceptance
of a Deed for or conveyance of, or the succeeding title to, or
the entering into a lease for, or the actual occupancy of, or use
of a lot, the common areas, streets, and amenities, or any of the
improvements thereon by any of the above shall constitute an
acceptance by -the same of the provisions of these By -Laws; the
Rules and Regulations enacted pursuant hereto and the provisions
of the herein above referenced Articles, and an agreement to
comply and abide by the same.
SECTION 4 - PRINCIPAL OFFICE: The principal office of the
Association and of the Board of Directors shall be located at 19
N. 5th Street, Wilmington, New Hanover County, North Carolina
28401.
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B00K ?AGE
ARTICLE II.
Membership
SECTION 1 - IDENTIFICATION: The Association shall have two
classes of voting memberships:
Class A. Class A members shall be those Owners, with
the exception of BA until its Class B membership has converted
into Class A membership, who own lots within11ARVEST GROVE
Each Class A member shall be entitled to one vote for each lot so
owned.
Class B. The Class B member shall be BA, and it shall
be entitled to three (3) votes for each lot owned by it. The
Class B membership shall cease and be converted to Class A
membership upon the happening of either of the following events,
whichever occurs earlier: (a) when the last lot is sold by
declarant or on December 31 2007.
SECTION 2 - RECORDS: The Secretary of the Association
shall maintain at the principal office of the Association a
register of all of the current owners of memberships in the
Association and the mailing address of each owner and of all
mortgagees or beneficiaries under Deeds of Trust of all such
lots.
SECTION 3 - VOTING RIGHTS: If a membership is owned by one
(1) person, his right to vote shall be established by the record,
title to his lot. if a membership is owned by more than one (1)
person, or is under lease, the person entitled to cast the vote
for such membership shall be designated by a certificate signed
by all of the record owners of such membership and filed with the
Secretary of the Association. If a membership is owned by a
corporation, the person entitled to cast the vote for that
membership shall be designated by a certificate signed by the
President or Vice President and attested by the Secretary or the
Assistant Secretary of such corporation and filed with the
Secretary of the Association. If a membership is owned by a
partnership, whether general or limited, or a joint venture, the
certificate designating the voting member shall be signed by all
partners or joint venturers, as the case may be. Such
certificates shall be valid until revoked or superseded by a
subsequent certificate or until a change,occurs in the ownership
of the membership concerned! A certificate designating the
person entitled to cast the vote of a membership may be revoked .
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2193 01`I6
by any owner of such membership. If such a certificate is not on
file, the vote of such membership shall not be considered in
determining the requirements for a quorum nor for any other
purposes under these By -Laws.
SECTION 4 - MORTGAGEES AND TRUSTEES UNDER DEEDS OF TRUST:
In the event that any such lot is conveyed by mortgage or by Deed
of Trust, then'the rights, duties, obligations, powers and
privileges appurtenant to the membership appurtenant to such lot
shall be exercised by the owner of the equity in the lot, and not
by the mortgagee under any mortgage or the trustee or beneficiary
under any Deed of Trust against such lot.
SECTION 5 - ANNUAL MEETINGS: Subject to the provisions of
Article VI of these By -Laws, the annual meetings of the
Association shall be held on the last Saturday in November of
each year unless such date shall occur on a legal holiday, in
which event, the meeting shall be held on the next succeeding
business day. The purpose of the annual meeting shall be for the
election of the Directors of the Association for the succeeding
year and for the transaction of any and all business of the
Association as may properly come before the meeting.
SECTION 6 - SPECIAL MEETINGS: It shall be the duty of the
President to call a special meeting of the membership if so
directed by resolution of the Board of Directors or upon a
petition calling for a special meeting presented to the Secretary
of the Association and signed by at least twenty-five percent
(25*) of the owners of memberships in the Association. The
notice of any special meeting shall state the time, place and
purpose of the meeting. No business shall be transacted at a
special meeting except as stated in the notice.
SECTION 7 - NOTICE OF MEETINGS: The Secretary shall mail
to each owner of a membership in the Association notice of each
annual or special meeting of the membership at least ter_ (10)
days but not more than sixty (60) days prior to such meeting,
stating the purpose thereof as well as the time and place where
it is to be held. Said notice shall be mailed to the address
which the owner of each membership has designated to the
Secretary and maintained by the Secretary on his current register
of owners. The mailing of a notice of a meeting in the manner
provided in this section shall be considered service of notice.
SECTION 8 - ADJOURNMENT OF MEETINGS: If any meeting of the
membership cannot be held because a quorum has not attended, a
majority of the membership who are present at such meeting,
either in person or by proxy, may adjourn the meeting to a time
not more than forty-eight (48) hours from the time the original
meeting was called.
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SECTION 9 - QUORUM: A quorum at all membership meetings
shall consist of persons representing and entitled to cast the
vote appurtenant to at least fifty-one percent (51W) of the
memberships in the Association. The acts approved by a majority
of the votes present at a meeting at which a quorum is present
shall constitute the acts of the membership, except when approval
by a greater number of members is required by the Declaration,
these By -Laws or by law; but those present at any meeting, though
less than a quorum, may adjourn said meeting to a future time.
SECTION 10 - PROXIES: The vote appurtenant to each
membership may be cast by the person designated as entitled to
cast such vote by proxy. The designation of any such proxy shall
be made in writing to the Secretary, and shall be revocable at
any time by written notice to the Secretary by the owner of the
membership to which said vote is appurtenant. Such proxy shall
be valid only for the particular meeting designated in the proxy
and must be filed with the Secretary before the appointed time of
the meeting or any adjournment of such meeting.
SECTION 11 - PLACE OF MEETINGS: Meetings of the
Association's membership shall be held at the principal office of
the Association or at such other suitable place convenient to the
membership as may be designated by the Board of Directors.
SECTION 12 - ORDER OF BUSINESS: The order of business at
all, meetings of the Association shall be as follows: (a) roll
call; (b) proof of notice of meeting; (c) reading of minutes of
Preceding meeting; (d) reports of officers; (e) reports of
Board of Directors, if necessary; (h) unfinished business; and
(i) new business.
ARTICLE III
Eowrd of Directors
The property, affairs and business of the Association shall be
managed by the Board of Directors; provided, however, that the
provisions of this Article are subject to the provisions of
Article VI of these By -Laws.
SECTION 1 - NUMBER, TERM OF OFFICE AND QUALIFICATIONS:
The number constituting the Board of Directors shall be three
(3). Each Director shall continue in office until the annual
meeting of the membership held next after his election and until
his successor shall have been elected and qualified or until his
death or until he shall resign or shall have become disqualified
or removed from office. Directors need not be residents of
HARVEST GROVE I provided,however, that each Director shall be
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an owner or spouse of an owner in one of the developments subject
hereto and in the case of partnership owners, shall be a member
or employee of such partnership, and in the case of corporate
owners, shall be an officer, shareholder, or employee of such
corporation, and in the case of fiduciary owners, shall be the
fiduciary, or an officer or employee of such fiduciary.
SECTION 2 - APPOINTMENT OF DIRECTORS:
Subsection 2.1: Upon the sale of seventy-five percent
(75%) of the lots in HARVEST GROVE " , BA will turn over control of
the owners association to the Board of Directors to be elected by
the membership in accordance with the By -Laws of the Association.
Until such time, however, BA shall appoint the Board of Directors
of the Association.
Subsection 2.2: Except for the Board of Directors,
which is appointed as stated in Subsection 2.1 above: (a)
election of Directors shall be held at the.annual meeting of the
membership; (b) nominations for Directorships shall be made from
the floor by the membership or by the Board of Directors; (c)
the election shall be by written ballot -(unless dispensed with by
unanimous consent) and by a plurality of the votes cast, each
person representing a membership entitled to vote being entitled
to cast one (1) vote for each of as many nominees as there are
Directorships to be filled. There shall be no cumulative voting.
SECTION 3 - REMOVAL OF DIRECTORS: Except for the first
Board of Directors, which is appointed in the Articles of
Incorporation, and subject to the provisions of Article VII
hereof, any Director may be removed by concurrence of two-thirds
(2/3rds) of the votes of the membership of the Association
present at a special.meeting of the membership called for the
consideration of such removal. The vacancy in the Board of
Directors so created shall be filled by the members of the
Association at the same meeting.
SECTION ! - ORGANIZATIONAL MEETING: The organizational
meeting of a newly elected Board of Directors shall be held
within ten (10) days of their election at such place and time as
shall be fixed by the Directors at the meeting at which they were
elected, and no further notice of the organizational meeting
shall be necessary.
SECTION 5 - REGULAR MEETINGS: Regular meetings of the
Board of Directors may be held at such time and place as shall be'
determined from time to time by a majority of the members of the
Board of Directors, but at least two (2) such meetings shall be
held during each fiscal year. Notice of the regular meetings of
the Board of Directors shall be given to each member of the Board
of Directors, by personal delivery, mail or telegram, at least
five (5) business days prior to the day named for such meetings.
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9193 0149
SECTION 6 - SPECIAL MEETINGS: Special meetings of the
Board of Directors may be called by the President of the
Association on five (5) business days notice to each member of
the Board of Directors, given by mail or telegraph, which notice
shall state the time, place and purpose of the meeting. Special
meetings of the Board of Directors shall be called by the
President or Secretary in like manner and on like notices on the
written request of any member of the Board of Directors.
SECTION 7 - WAIVER OF NOTICE: Any member of the Board of
Directors may at any time waive notice of any meeting of the
Board of Directors, in writing, and such waiver shall be deemed
equivalent to the giving of such notice. Attendance.by a member
of the Board of Directors at any meeting of the Board shall
constitute a waiver of notice by him of the time and place
thereof. If all of the members of the Board of Directors are
present at any meeting of the Board, no notice shall be required
and any business may be transacted at such meeting.
SECTION 8 - QUORUM: At all meetings of the Board of
Directors a majority of the members thereof shall constitute a
quorum for the transaction of business, and the votes of a
majority of the members of the Board of Directors present at such
a meeting at which a quorum is present shall constitute the
decision of the Board of Directors. If at any meeting of the
Board of Directors there shall be less than a quorum present, a
majority of those present may adjourn the meeting from time to
time. At any such adjourned meeting at which a quorum is present
any business which might have been transacted at the meeting
originally called, may be transacted without further notice.
SECTION 9 - COMPENSATION: No member of the Board of
Directors shall receive any compensation from the Association for
acting as such.
SECTION 10 - JOINDER IN MEETING BY APPROVAL OF :4NUTES:
The joinder of a Director in the action of a meeting by signing_
and concurring with the.minutes of that meeting shall constitute
the presence of such Director at such meeting for the purpose of
determining a quorum.
SECTION 11 - PRESIDING OFFICER AT DIRECTORS' MEETINGS: The
presiding officer of a Directors' meeting shall be the President
of the Association. In the absence of the presiding officer, the
Directors present shall designate one (1) of their number to
preside.
SECTION 12 - ORDER OF BUSINESS AT DIRECTORS' MEETINGS:
The order of business at Directors' meetings shall be: (a) the
calling of the roll; (b) the proof of due notice of the meeting;
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(c) reading and disposal of any unapproved minutes; (d) the
reports of officers and committees; (e) the election of
officers; (f) unfinished business; and (h) adjournment.
SECTION 13 - POWERS AND DUTIES: The Board of Directors
shall have the powers and duties necessary for the administration
of the affairs of the Association except such powers and,duties
as by law or by these By -Laws may not be delegated to the Board
of Directors by the membership of the Association. The powers and
duties to be exercised and performed by the Board of Directors
shall include, but not be limited to, the following:
a. the operation, care, upkeep and maintenance of the
streets, common areas and the improvements
thereon;
b. the determination of the amounts required for.the
operation, maintenance, care and upkeep of the streets, common
areas and the improvements thereto, and the
amounts required for the general operation of the Association;
C. the levying and collection of the assessments from the
membership owners;
d. the employment and dismissal of personnel as necessary
for the efficient maintenance of the development and operation of
the Association;
e. the adoption and the amendment of rules and regulations
governing the operation of the Association and the use and
enjoyment of the streets and common areas.
f. the opening and maintaining of bank accounts on behalf
of the Association and designating the signatories requirements
thereof;
g. the purchasing 'leasing cr otherwise acquiring in the
name of the Association or its designee, corporate or otherwise_,
on behalf of all members of the Association, lots offered for
sale or lease;
h. the purchasing of lots at foreclosure or other judicial
sales in the name of the Association, or its designee, corporate
or otherwise, on behalf of the membership;
i. the selling,. -conveying, leasing, mortgaging of, voting
the votes appurtenant to (other than for the election of members
of the Board of Directors), or otherwise dealing with the lots
acquired by, and subleasing lots by the Board of Directors on
behalf of the membership of the Association;
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9793 0151
j_ the organizing of the corporation to act as designee of
the Board of Directors in acquiring title to or leasing.lots by
the Board of Directors on behalf of the membership of the
Association;
k. the purchasing and maintaining of insurance for the
streets, and -common areas, and the improvements thereto
pursuant to the provisions of these By -Laws;
1. the making of repairs, additions and improvements to, or
alterations of, .the property, and repairs to and restoration of
any property belonging to the Association, in accordance with the
other provisions of these By -Laws, after damage or destruction by
fire or other casualty, or as a result of condemnation or eminent
domain proceedings;
M. the appointing of committees to be composed of members
of the Association to aid in governance of the Association in
such numbers and for such specific purposes as the Board may
determine necessary and proper;
n. the adoption of a seal for the Association;
o. the enforcing of the obligations of the members of the
Association, allocating income and expenses of the Association
and doing anything and everything else necessary and proper for
the sound management of the Association;
p. the levying of fines or expenses against the members of
the Association, allocating income and expenses of the
Association;
q. adjusting and settling claims under insurance policies
obtained pursuant to the By -Laws and executing and delivering
releases on settlements of such claims on behalf of all lot
owners, all holders of mortgages, Deeds of.Trust or other liens
on the lots and all owners of any interest in the property;
r. employ or engage a manager, an independent contractor,
attorney or accountant or such other employees and agents as they
deem necessary, and to prescribe their duties. Provided,
however, any such person so hired shall serve only at the
pleasure of the Board of Directors hiring him, and no Board of
Directors shall have the authority to bind any succeeding Board
of Directors to any such contract.
SECTION 14 - LIABILITY OF THE BOARD OF DIRECTORS: The
members of the Board of Directors shall not be liable to the
Association or any of its members for any mistake of judgment,
negligence, or otherwise, except for their own individual willful
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2..9.E �152
misconduct or bad faith. The members of the Association
indemnify and hold harmless each member of the Board of Directors
against all contractual liability to others arising out of
contracts made by the Board of Directors on behalf of the
Association unless any such contract shall have been made in bad
faith or contrary to the provisions of the Articles of
Incorporation, or these By -Laws. It is intended that the members
of the Board of Directors shall have no personal liability with
respect to any contract made by them on behalf of the
Association. It is also intended that the liability of any member
of the Association arising out of any contract made by the Board
of Directors or out of the indemnity in favor of the members of
the Board of Directors shall be limited to such proportions of
the total liability thereunder as his interest in the Association
bears to the interest of all members of the Association in the
Association. Every agreement made by the Board of Directors on
behalf of the Association shall provide that the members of the
Board of Directors are acting only as agents for the Association
and shall have no personal liability thereunder (except as
members of the Association), and that each member of the
Associations liability thereunder shall be limited to such
proportion of the total liability thereunder as his interest in
the Association bears to the interest of all members in the
Association.
SECTION 15 - FIDELITY BONDS: The Board of Directors shall
obtain adequate fidelity bonds for all officers and employees of
the Association. The premiums on such bonds shall constitute an
expense of operating the affairs of,the Association.
ARTICLE IV
Officers
SECTION 1 - DESIGNATION: The principal Officers of the
Association shall be the President, the Vice President, the
Secretary and the Treasurer, all of whom shall be elected by the
Board of Directors. The Board of Directors may appoint an
Assistant Treasurer and Assistant Secretaries, and such other
officers as in its judgment may be necessary. The President and
Vice President must be members of the Board of Directors. All
other officers need not be members of the Board of Directors or
of the Association.
SECTION 2 - ELECTION OF OFFICERS: Officers shall be
elected annually by the Board of Directors at the organizational
meeting of each new Board of Directors and shall hold office at
the pleasure of the Board of'Directors and until their successors
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are elected.
SECTION 3 - REMOVAL OF OFFICERS: Upon the affirmative vote
of a majority of the., members of the Association or members of the
Board of Directors, any officer may be removed, either with or
without cause; and his successor may be elected at any regular
meeting of the Board of Directors or at any special meeting of
the Board of Directors called for such purpose.
SECTION 4 - PRESIDENT: The President shall be the chief
executive officer of the Association. He shall preside at all
meetings of the membership and at all of the Board of Directors.
He shall have all of the general powers and duties which are
incident to the office of President of a corporation organized
under the Business Corporation Laws of the State of North
Carolina, including, but not limited to, the power to appoint
from among the membership any committee which he deems
appropriate to assist in the conduct of the affairs of the
Association.
SECTION'S - VICE PRESIDENT: The Vice President shall take
the place of the President and perform his duties wheneverthe
President shall be absent or unable to act. If neither the
President or Vice President is able to act, the Board of
Directors shall appoint some other member of the Board of
Directors to act in the place of the President, on an interim
basis. The vice President shall also perform such other duties
as shall from time to time be imposed upon him by the Board of
Directors or by the President.
SECTION 6 - SECRETARY: The Secretary shall keep the
minutes of all meetings of the membership and the Board of
Directors; he shall have charge of all books, papers, accounts
and records of the Board of Directors as the Board of Directors
may direct; and he shall, in general, perform all of the duties
incident to the office of Secretary of a corporation organized
under the Business Corporation laws of the State of North
Carolina.
SECTION 7 - TREASURER: The Treasurer shall have the
responsibility for Association funds and securities and shall be
responsible for keeping full and accurate financial records and
books of accounts showing all receipts and disbursements, and for
the preparation of all required financial statements. He shall
be responsible for the deposit of all monies and other valuable
effects in the name of the Board of Directors, in such
depositories as may from time to time be designated by the Board
of Directors, and he shall, in general, perform all of the duties
incident to the office of Treasurer of a corporation organized
under the Business Corporation laws of the State of North
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Carolina.
SECTION 8 - COMPENSATION: No officer shall receive any
compensation from the Association for acting as such. However,
the Board of Directors may appoint a manager to handle the day to
day affairs of the Association, and may establish a rate of
compensation and salary for said manager.
SECTION 9 - EXECUTION OF INSTRUMENTS: All instruments,
including, but not limited to, agreements, contracts, Deeds or
leases of the Association shall be executed in the name of the
Association by the President, Vice President or Assistant Vice -
President and attested to by the Secretary or Assistant Secretary
of the Association. All checks of the Association are to be
executed by such person or persons as may be designated by the
Board of Directors.
ARTICLE V
Operation of the Association
SECTION 1 - RULE MAKING: The Board of Directors shall
promulgate and establish, pursuant to the provisions set out
hereinbelow, reasonable rules and regulations governing theuse,
enjoyment, maintenance, repair of and additions or alterations to
the streets, common areas and amenities, and the improvements
thereon.
Subsection 1.1 - PROCEDURES: The Board of Directors
or a,rule making committee specifically appointed by the
President, shall formulate reasonable rules and regulations,' or
amendments or modifications thereto, tbe proposed to the
o
membership of the Association. Such proposals may be considered
by the membership of the Association for adoption either at the
annual meeting of the membership or at a special meeting of the
membership called by the President specifically for the
consideration of the adoption of such proposals. All such
proposals shall be stated in writing and sent to the owners of
the memberships in the Association in any notice of the special
meeting called for the consideration thereof, or at least fifteen
(15) days prior to the annual meeting of the membership of the
Association at which they will be considered. At such meeting
such proposed rules and regulations shall be considered new
business of the Association. In order to be adopted as rules and
regulations, amendments or modifications thereof, of the
Association such proposed rules and regulations must receive
assent from two-thirds (2/3rds) of the votes of the entire
membership of the Association present in person or by proxy at
such meeting.
Subsection 1.2 - AMENDMENT, MODIFICATION, ADDITIONS OR REPEAL: In addition to the above, any member of.the Association
22

may propose a modification, amendment, addition to or repeal of
any and all rules and regulations of -the Association by stating
the same in writing to the Board of Directors. If any such
member shall have obtained to such proposal the signatures of at
least twenty-five percent (25W) of the membership owners in the
Association, then the Board of Directors shall submit such ,
proposal to the Association at the next annual meeting of the
Association for consideration or at a special meeting of the
Association called pursuant to a request therefore made in such
proposal when submitted to the Board of Directors. Adoption of
any such proposal shall be as stated in Subsection 1.1
hereinabove.
Subsection 1.3 - PROHIBITIONS: No rule or regulation,
nor amendment, modification, addition to or repeal of any or all
of the rules of the Association shall discriminate against any
lot owner or against any lot or group of lots unless the owners'
thereof so affected shall consent in writing; nor shall any of
the above change any lot nor the common areas and amenities, nor
shall any of the above increase any owner's share in the common
expenses of the Association nor change the voting rights of any
member unless the owner of the membership appurtenant to the lot"
so affected and all record owners of liens thereon shall join in
the execution of such rule, regulation, amendment, modification,
addition to or repeal of the same.
Subsection 1.4 - RECORDING: A copy of all rules and
regulations or amendments, additions, modifications to or repeals
of rules and regulations of the Association shall be certified by
the President and Secretary of the Association as having been
duly adopted by the Association and shall be effective from the
date the same is recorded in the office of the Register of Deeds
of New Hanover County, North Carolina.
SECTION 2 - INSURANCE: The Board of Directors shall be
recnaired to obtain and maintain, to the extent possible, the
following insurance:
Subsection 2.1 - FIRE INSURANCE: With extended
coverage, vandalism and malicious mischief endorsements, insuring
all improvements upon the street, common areas and the amenities,
and covering the interests of the Association,the Board of
Directors, and all owners and their mortgagees or beneficiaries
under Deeds of Trust, as their respective interest may appear, in
an amount at least equal to the full replacement value of all
structures insured, without deduction for depreciation; each of
said policies shall -contain a North Carolina standard mortgage
clause in favor of each mortgagee or beneficiary under a Deed of
Trust of a lot which shall provide that the loss, thereunder
shall be payable to such mortgagee or beneficiary under Deed of
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9 1 93 0156
Trust as its interest may appear; subject, however, to the loss
payment provisions in favor of the Board of Directors hereinafter
set forth.
Subsection 2.2 - FLOOD INSURANCE: Covering all of the
lots when required or deemed necessary.
Subsection 2.3 - PUBLIC LIABILITY INSURANCE: In such
limits as the Board of Directors may, from time to time,
determine covering each member of the Board of Directors, each
officer of the Association, the Association and each owner of a
lot; such public liability coverage shall also cover cross -
liability claims of one insured against another.
Subsection 2.4: Such other insurance as the Board of
Directors may determine is necessary for the protection of the
development, the Association, its Directors, officers and
members.
Subsection 2.5 - PREMIUMS: The premiums for all such
insurance shall be an annual expense of the Association, and as
such, shall constitute a portion of the annual assessment to be
levied against each member of the Association pursuant to the
provisions of these By -Laws.
Subsection 2.6 - ADJUSTMENT FOR LOSS: All such
insurance policies shall provide that adjustment of loss shall be
made by the Board of Directors and that the net proceeds thereof
shall be payable to the Board of Directors.
Subsection 2.7 - WAIVERS, CANCELLATIONS, MODIFICATIONS,
RENEWALS: All policies of physical damage insurance shall
contain waivers of subrogation and waivers of any defense based
on coinsurance or other insurance or of invalidity arising from
any acts of the insured and of prorata reduction of liability,
and shall provide that such policies may not be cancelled or
substantially modified without at least ten (10) days' prior
written notice to all insureds, including all mortgagees and
beneficiaries under Deeds of Trust. Duplicate originals of all
policies of physical damage insurance and all renewals thereof,
together with proof of payment of premiums, shall be delivered to
all mortgagees or beneficiaries under Deeds of Trust at least ten
(10) days prior to expiration of the then current policies.
Prior to obtaining any policy of fire insurance or any renewal
thereof, the Board of Directors shall obtain an appraisal from a
fire insurance company or otherwise of the full replacement value
of the common areas, - and all improvements thereon,
without deduction for depreciation, for the purpose of
determining the amount of fire insurance to be effected pursuant
hereto.
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2 93 0157
Subsection 2.8 - OWNER'S INSURANCE: The owners of
lots shall not be prohibited from carrying other insurance for
their own benefit provided that such policies shall contain
waivers of subrogation and further provided that the liability of
the carriers issuing insurance obtained by the Board of Directors
shall not be affected or diminished by reason of any such
additional insurance carried by any lot owner. •
Subsection 2.9 - INITIAL MINIMUM AMOUNTS: Until the
first
regular meeting of the Board of Directors following the first
annual meeting of the membership of the Association, the Board of
Directors shall obtain and maintain all such insurance in the
following amounts:
a. Fire insurance in an amount nf not less than,
$100,000.00 for the street, common areas, and the
improvements thereon;
b. Public liability insurance in an amount of not
less that Five Hundred Thousand Dollars ($500,000.00) covering
all claims for personal injury arising"out of one occurrence, and
not less than One Hundred Thousand Dollars $100,000.00)covering
all claims for property damage arising out of one occurrence.
Subsection 2.10 - REPAIR OR RECONSTRUCTION AFTER
CASUALTY: In the event of damage to or destruction of any or all
of the streets,common areas and/or improvements to
the common areas as a result of fire or other casualty, the Board
of Directors shall arrange for the prompt repair and restoration
of all damaged improvements. The Board of Directors shall
disburse the proceeds of all insurance policies to the
contractors engaged in such repair and restoration in appropriate
progress payments. Any cost of such repair and restoration in
excess of the net insurance proceeds received by or payable to
the Board of Directors shall constitute a common expense of the
Association.
In the event of a repair or restoration of the
improvements to the
property and in the event that the net -proceeds of insurance
received by or payable to the Board of Directors shall exceed the
cost of such repair or restoration, then such excess shall be
held by the Association in its Capital Improvement account.
Whenever in this Subsection the words ^promptly repair"
or ^prompt repair^ are used, it shall mean repairs are to begin
not more than sixty (60) days from the date of receipt of the
Board of Directors of proceeds of insurance on account of such
damage or destruction, whether or not sufficient to pay the
estimated costs of such work. wherever the words "promptly
25

'�98 0158
resolve" are used hereinabove, it shall mean not more than sixty
(60) days from the date the Board of Directors notifies the
interested members of the Association that it holds proceeds of
insurance on account of such damage or destruction and that such
proceeds are not sufficient to pay the estimated costs of such
work, as the case may be.
SECTION 3 - MAINTENANCE: The Board of Directors shall
provide for the upkeep, care, preservation, protection and
maintenance of the streets, common areas, and the
improvements thereon, as follows:
a. -repair and repave, when necessary, all pavements
existing upon the streets and other common areas;
b. upkeep, maintain and preserve all grasses, lawns,
trees, shrubs, gardens and other vegetation maintained upon the
common areas; and
C. repair, reconstruct, repaint, and maintain any and
all other improvements, of whatever nature, made to the common
areas-.
Subsection 3.1 - RIGHT OF ACCESS: For the purpose
solely of performing all of the above described maintenance,
etc., the Association, through its duly authorized agents or
employees, shall have the right, after reasonable notice to any
and all owners concerned to enter upon any lot, at any reasonable
hour of any day.
Subsection 3.2 - OWNERS' REPAIRS: Any maintenance,
repair, replacement, etc., to any of the streets, common areas,
or any of the improvements thereon, caused by the
negligence, misuse, neglect or willful act of any owner, his
family, tenants, guests or invitees shall be performed by the
Association at the sole cost and expense of said owner, said cost
and expense therefore to be added to said owner's annual
assessment.
Subsection 3.3 - EXPENSE: All maintenance, repair,
reconstruction, replacement, etc., as outlined hereinabove, is to
be performed by or through the Board of Directors and the cost
and expense thereof shall, except as provided in Subsection 3.2
hereinabove, be an annual expense of the Association.
SECTION 4 - FISCAL MANAGEMENT: The Board of Directors
shall, from time to time, and at least annually, prepare a budget
for the Association, determining the projected annual costs to
the Association of performing all of the duties of and fulfilling
WV

`'y.s 0159
all of the obligations of the Association. These costs shall
include all of the costs incurred by the Association in the
performance of those duties and obligations outlined in the
Articles of Incorporation, applicable to the development, and
Article III., Section 13., and Article V. of these By -Laws, as
well as the costs necessary for the efficient management of the
Association (including amounts for an operations reserve and a
capital improvements reserve, if deemed,necessary by the Board of
Directors). The budget, so prepared, shall be submitted to the
membership of the Association for approval at the annual meeting
of the membership. The proposed budget must be approved by a
vote of at least fifty-one percent (51$) of the votes of the
entire membership of the Association, represented in person or by
proxy at such meeting.
Subsection 4.1 - ANNUAL ASSESSMENTS: After approval
of the proposed budget of the Association, the Board of Directors
shall assess each lot within the development subject hereto an
equal amount of the projected annual costs to the Association as
described hereinabove, subject to the provisions of Article VI
(6) hereof, hereinafter set forth. The Board of Directors shall
cause the Secretary of the Association to provide each member of
the Association a statement of the annual assessment against his
lot, in writing, stating the date payment thereof is due at least
thirty (30) days prior to the due date. All assessments shall be
due and payable on the date and in such installments, if allowed,
as the Board of Directors may determine.
Subsection 4.2 - NATURE AND ENFORCEMENT OF ASSESSMENTS:
The nature and enforcement of the collection of assessments is
set forth in the Declaration of Restrictions for HARVEST GROVE.
which are recorded or to be recorded in the New Hanover County
Registry.
Subsection 4.3 - SUBORDINATION: The lien for unpaid
assessments provided for hereinabove shall be subordinate to the
lien of any first mortgage or first Deed of Trust against any
lot.
SECTION 5 - RECORDS AND AUDITS: The Board of Directors
shall keep detailed records of the action of the Board of
Directors, minutes of the meeting of the Board of Directors,
minutes of the meetings of the membership of the Association and
financial records and books of account of the Association,
including a chronological listing of receipts and expenditures,
as well as a separate account for each lot which, among other
things, shall contain the amount of each annual assessment, and
other assessments, against each lot, the date when due, the
amount paid thereon, and the balance remaining unpaid. A written
report summarizing all receipts and expenses of the Association
27

9.193 -0160
shall be rendered by the Board of Directors to all members of the
Association at least semi-annually. In addition, an annual
report of the receipts and disbursements of the Association shall
be rendered by the Board of Directors to all members of the
Association who have requested the same, promptly but after the
end of each fiscal year. Each member of the Association shall be
permitted to examine all of the books, and accounts of the
Association at reasonable times on business days, but not more
than once a month.
SECTION 6 - CONDEMANATION: In the event of a taking in
condemnation or by eminent domain of part or all of the property,
the award made for such taking'shall be payable to the Board of
Directors, and the Board of Directors shall disburse the net
proceeds of such award in the same manner as they are required to
distribute insurance proceeds where there is no repair or
restoration of the damage, as provided in these By -Laws.
ARTICLE VI
Parliamentary Rules
Robert's Rules of Order (latest edition) shall govern the
conduct of all Association meetings, not in conflict with the
Articles of Incorporation, the Declaration of Articles of
Covenants, Conditions and Restrictions, and these By -Laws.
ARTICLE VII
Amendments
These By -Laws may be amended in the following manner: (a)
any member of the Association may propose any amendment or
modification to these By -Laws by submitting the same in writing
to the President of the Association, (b) in order to qualify
for consideration by the Association, any such amendment or
modification must be signed by at least twenty-five percent (25t)
of the owners of the memberships in the Association; (c) upon
receipt of such proposed amendment or modification, the President
of the Association shall immediately follow the procedures
outlined hereinabove under Article II., Section 6., entitled
SPECIAL MEETINGS; (d) any such proposed amendment or
modification in order to become a part of these By -Laws must be
approved by seventy-five percent (75W) of the votes of the entire
membership of the Association pre"sent in person or by proxy at
such meeting;provided, however, that no amendment or modification
shall discriminate against any owner, any lot class or group of
owners, or lots unless all of the owners so affected so consent;
and further, no amendment or modification shall change any lot,
the common areas, not increase any owner's assessment, nor change
the voting rights of any members unless the owner or owners of

3 Q161
the memberships or lots so affected and all holders of liens
against such owners or owners lots shall approve in writing such
amendment or modification.
ARTICLE VIII
Miscellaneous
SECTION 1 - NOTICES: All notices to the Board of Directors
shall be sent by registered mail, return receipt requested, to
the principal office of the Board of Directors. All notices to
owners shall be sent by registered mail, return receipt requested
or any method that includes proof of delivery, to such addresses
as may have been designated by such owners in writing to the
Secretary of the Association. All notices to mortgagees of or
beneficiaries under Deeds of Trust against lots shall be sent by
registered mail, return receipts,requested, to their respective
addresses designated by them in writing to the Secretary of the
Association. All notices, if received; as proven by the return
receipt, shall be deemed to have been given when mailed, except
notices of change of addresses which shall be deemed to have been
given when received.
SECTION 2 - WAIVER OF NOTICE: Whenever any notice which is
required to be given to any member, Director or officer of the
Association by the provisions of the North Carolina Nonprofit
Corporation Act, the provisions of the Article of Incorporation
or these By -Laws, is waived in writing, signed by the person or
entities entitled to such notice, whether before or after the
time stated therein, such shall be equivalent to the giving of
such notice.
SECTION 3 - INVALIDITY: The invalidation of any provision
of these By -Laws by any court, agency, or legislature shall in no
way affect the validity of any other provision of these By -Laws,
and the same shall remain in full force and effect.
SECTION 4 - CAPTIONS: The captions herein used are
inserted only as a matter of convenience and for reference and in
no way define; limit or describe the scope of these By -Laws, or
the intent of any provision thereof.
SECTION 5 - GENDER: The use of the masculine gender in
these By -Laws shall,.be deemed to include the feminine gender and
the neutral gender and the use of the singular shall be deemed'to
include the plural, whenever the context so requires.
SECTION 6 - WAIVER: No restriction, condition, obligation
or provision contained in these By -Laws shall be deemed to have
29

;Pi93 U6
been abrogated or waived by reason of any failure to enforce the same,
irrespective of the number of violations or breached thereof which may
occur.
SECTION 7 - FISCAL YEAR: The fiscal year of the Association shall
be the calendar year.
SECTION 8 - SEAL: The seal of the Association shall be in such
form as shall be approved from time to time by the Board of Directors
of the Association.
IN WITNESS WHEREOF, the President of the Association and the
Secretary thereof do hereby certify that this is a true copy of the duly
enacted By -Laws of Harvest Grove, this 4th day of June , 1997.
CORPORATE �-
SEAL HARVEST GROVE
HOMEOWNERS AS
ATTEST:
r
Secretary
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IATION,
I, a Notary Public of the County and State aforesaid, certify that.
Sondra Beasley personally came before me this day and acknowledged
that she is Secretary of HARVEST GROVE HOMEOWNERS ASSOCIATION,
INC., a North Carolina Nonprofit Corporation, and that by authority
duly given and as the act of the Corporation, the foregoing
instrument was signed in its name by its President, sealed with its
corporate seal and attested by her as its Secretary.
Witness my hand and notarial
1997.
My Commission Expires
_10/1.6/3000
stamp or seal, this 4th day of June,
Notary Pu is
30

l vOI -, rAtir
?19.3 O163
HOMEOWNERS ASSOCIATION -HARVEST GROVE
RULES AND REGULATIONS
ENFORCEMENT PROCEDURE
Violation of any Rule or Regulation of the HARVEST GROVE
Homeowners Association, its Declaration or By -Laws may be subject
to the following procedure:
1ST VIOLATION: Verbal notification to owner and resident.
Where immediate compliance is not possible, a reasonable period
of time may be allowed for corrective action.
2ND OCCURRENCE: Written notification to owner and
resident. Where immediate compliance is not possible, up to one
(1) week may be allowed for corrective action. Any additional
time for corrective action must be by written consent of the
Board of Directors prior to the expiration of the allowable
corrective period.
3RD OCCURRENCE: Written notification to owner and
resident. Fine of $25 assessed against owner. Suspension of
voting rights.
ADDITIONAL VIOLATIONS: Written notification to owner and
resident. Fine in an amount and as frequency to be determined by
the Board of Directors commensurate with the violation and
attention given to previous notifications. Suspension of voting
rights and suspension of privileges of facilities for periods as
determined by the Board of Directors commensurate with violation
and attention given to previous notifications.
All fines are due and payable immediately upon receipt. These
amounts constitute an assessment against the owner and failure to
pay them will be subject to the same legal action as would be
allowed for any other assessment including late charges,filing of
liens and pursuit of judgements. Fines will be assessed by the
Board of Directors through CAMS or other duly elected, appointed
or enacte(f HARVEST GROVE - Homeowners Association representative.
Any fines or restrictions placed on any owner can be appealed to
a committee of owners appointed by the Board of Directors.
All owners are responsible for the conduct of the residents and
guests of their unit. It is, therefore, their responsibility to
make the residents and guests of their units adhere to all Rules
and Regulations of the Association.
31

BOCK PAGE
?193 016`i
Board of Directors
HOMEOWNERS ASSOCIATION — HARVEST GROVE
HARVEST GROVE ////
HOMEOWNERS e��OCIATION
By:
ATTES )
ecretary ._
32

BVOK - ?AGt
HOMEOWNERS ASSOCIATIO" - HARVEST GROVE
RULES AND REGULATIONS
THE MEMBERS OF THE HARVEST GROVE HOMEOWNERS ASSOCIATION WELCOME
YOU TO THE COMMUNITY. WE TAKE GREAT PRIDE IN OUR COMMUNITY AND
FEEL SURE THAT YOU WILL DO THE SAME. IN ORDER TO KEEP THE
COMMUNITY OPERATING AND LOOKING ITS BEST, THE BOARD OF DIRECTORS.
ASK THAT YOU FOLLOW THE RULES AND REGULATIONS LISTED BELOW. THESE
RULES AND REGULATIONS ARE CONSISTENT WITH THOSE OUTLINED IN THE
HARVEST GROVE COVENANTS. IF YOU HAVE ANY COMMENTS OR ARE UNSURE
OF A RULE, PLEASE CALL OUR MANAGEMENT COMPANY, CAMS, AT 910-256-
3792.
RESIDENTIAL PURPOSES: All lots shall"be used for residential
purposes only.
NUISANCES: No noxious or offensive condition shall be allowed
to exist upon any lot, nor shall anything be done thereon which
may be or may become an annoyance or nuisance to the
neighborhood.
VEHICLES: No inoperable or unauthorized vehicle or vehicles
without current registration and insurance will be permitted.
The Association shall have the right to have all vehicles towed
at the owners expense, unless they are in a garage.
PARKING: No vehicles are allowed to park on any common grassed
or landscaped areas. The Association shall have the right to
have all such vehicles towed at the owner's expense. Please have
Your guests park in your driveway or along the street of the
grassed and landscaped areas.
TEMPORARY STRUCTURES: No structure of the temporary character,
trailer basement, tent, shack, garage, barn or any other
outbuilding shall be used on any lot any time as a residence
either temporarily or permanently.
RECREATIONAL VEHICLES: No boat, camper, trailer, motor or
mobile homes or similar type vehicle shall be permitted in common
areas. All boats, trailers and utility trailers shall be kept in
garages or out of sight.
ANIMALS: Dogs, cats or other household pets may be kept and
33

'193 u166
maintained provided that they are not kept or maintained for
commercial purposes. Pets, excluding cats, are not 'allowed to
run free and must be properly leashed and escorted at all times
when they are outside. we ask that you remove any droppings that
your pet may leave in any common or personal property. If any
pet shall become a nuisance, the Board shall have full authority
to have such pet permanently expelled from the properties.
Invisible pet fences are acceptable.
OUTSIDE ANTENNAS: No outside radio or television antennas or
satellite dished shall be erected on any lot or dwelling within
the neighborhood.
GARBAGE/TRASH: All garbage and trash shall be kept in
containers and stored in garages or concealed from view except on
garbage/trash collection days when the same shall be placed on
the street or driveway for collection. Containers are to be
brought in out of view the same day after collection.
YARD SALES: Yard or garage sales are'•strictly prohibited.
SPEED LIMIT: Drivers are to drive cautiously on all roads and
common areas and obey the posted 12 MPH speed signs.
PERMANENT STRUCTURES: No building, fence, wall or other
structure shall be commenced, erected, or maintained upon the
properties, nor shall any exterior addition to or change or
alteration be made therein until the plans and specifications
showing the nature, kind, shape, heights, materials and location
of same shall be submitted to and approved in writing by the
Board of Directors of the Association, or by an architectural
committee composed of three (3) or more representatives appointed
by the Board.
34

i mvL
�195 u16"r
REGULATIONS PERTAINING TO THE STORMWATER
MAINTENANCE PLAN FOR
HARVEST GROVE
FIRST. The Division Of Environmental Management requires that
thr HARVEST GROVE Subdivision adhere to certain requirements
relating to inspections and maintenance of the stormwater system.
SECOND. See attached.
35

-AGE
'193- 0 1 6 a
POND MAINTENANCE REQUBMvMVTS
Project Name: Harvest Grove Subdivision
Responsible Party: Lerov lbaslev, Jr.
Phone No. 910-799-8062
Address: 9094 Ldinboro Lane, Valmineton N. C. 28409
I. Monthly, or after every runoff producing rainfall event, whichever comes first:
A. Inspect the trash rack; remove accumulated debris, repair/replace if it is not functioning.
B. Inspect and clear the orifice of any obstructions. If a pump is used as the drawdown
mechanism, pump operation will be checked. A log of test runs of the pump will be kept
on site and made available to DFM personnel upon request.
C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded
areas before the next rainfall event.
D. If the pond is operated with a vegetated filter, the filter will be checked for sediment
accumulation, trash accumulation, erosion and proper operation of the flow spreader
mechanism. Repairs/cleaning will be done as necessary. .
II. Quarterly:
A. Inspect the collection system (ie. catch .basins, piping, grassed swales) for proper
functioning. Accumulated trash will be cleared from basin grates, basin bottoms, and
piping will be checked for obstructions and cleared as required.
B. Pond inlet pipes will be checked for undercutting, riprap or other energy dissipation
structures will be replaced, and broken pipes will be repaired.
M. Semi-annually:
A. Accumulated sediment from the bottom of the outlet structure will be removed.
B. The pond depth will be checked at various points. If depth is reduced to 75 % of original
design depth or 3 feet whichever is greater, sediment will be removed to of least the
original design depth.
C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year
as necessary.
36

2! 9 3
0169
IV. General:
A. Mowing of the side slopes will be accomplished according to the season. Maximum grass
height will be 6".
B. Cattails are encouraged along the pond perimeter, however they will be removed when they
cover more than 1/2 the surface area of the pond.
C. The orifice/pump is designed to draw down the pond in 2-5 days. If drawdown is not
accomplished in that tune, the system will be checked for clogging. The source of the
clogging will be found and eliminated.
D. All components of the detention pond system will be kept in good working order. Repair
or replacement components will meet the original design specifications as per the approved
stormwater plan. If previously approved components are determined to be ineffective, the
component must be redesigned and/or replaced.
V. Special Requirements:
responsible p�
above, as part
Signature:_
rt�, for maintenance
of the Certification
hereby acknowledge that I am the financiall
detention pond. I will perform the maintenance as outlined Y
?lian with Stormwater Regulations received for this project. .
Date:
� J6 a Notary Public for the Stateof
County of or —,do hereby certify that L.q-e o ft
SY ,
personally app d before me this IP+h day of��bur 1 �, and acknowledge the
due execution of the foregoing instrument. Witness my hand and official seal,
My commission expires �30 c�
DA/arl: S:\WQS\STORMWAT\FORMS\O&M-pOND.FOR
Sg"q.\ENE C S`
:�,OTq
AU B L�
G
,IMF. • ��,.:
�yA*OVER VP
37

u V V f%
?' 93
F A G cc'
0170
V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded
for the type of project applied for.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without
concurrence from the State, and that they will be recorded prior to the sale of any lot.
VI. OWNER'S CERTIFICATION
1, Leroy Beasley, Jr. certify that the information included on this permit
(please prim clearly or type) .
application form is correct, that the project will be constructed in conformance with the approved plans, that
the deed restrictions will be recorded with all required per conditions, and that to the best of my knowledge,
the proposed project complies with the requirements of 15A NCAC 2H.1000.
I authorize the below named ggson or firm to syomit stormwatpi"plans on my
OwQef/Authorized ARen'(-�ienature and Tifle
VII. AGENT AUTHORIZATION (please fill v the name of the enginrer/survcyor auLhorLed sa submit plans an the owner's bdwlf.)
Person or firm name J. Ward Andrews, P. E.
Mailing Address P. 0. Box 4423
City Wilmington State N. C. Zip 28406 Phone [phone]
Please submit application, fee, plans and calculations to the appropriate Regional Office.
cc: Applicant/WiRO//Central Files
38
Office use only

0 V U N
�} g3 Olil
ATTAC EWENT A
LOW DENSITY AND ALL SUBDIVISION PROJECTS
GENERAL SUBMITTAL REQUIREMENTS
1. A completed sormwater permit application.
2. Two sets of plans showing north arrow, scale, revision date, property/project boundaries, lot lines,
proposed and existing contours, drainage areas, mean high water line, wetlands, easements, the 30'
minimum vegetated buffer between impervious areas and surface waters, proposed impervious areas,
and road cross -sections.
3. Calculations of the built -upon area, For subdivisions, please show the methodology for arriving at the
per lot built -upon area. For non -subdivision projects, please break down the calculation into buildings,
roads, parking, and other (include all impervious areas).
4. Low density projects with curb outlet systems will require:
a. Drainage area delineation and swale locations shown on the plans.
b. Detail of the swale, showing minimum 5:1 side slope.
C. Velocity calculations, indicating a non -erosive flow for the 10 yr storm.
d. Inlet and outlet elevations. Maximum longitudinal slope is 5%.
e. The type of vegetated cover specified on the plans.
f. A flow spreader mechanism located at the swale entrance.
g. 'A signed Operation and Maintermnce Plan.
DEED RESTRICTION REQUIREMENTS
The following statements must be included for all low density projects, and for all subdivisions:
No more than 5,989 square feet of any lot, including that portion of the right-of-way between the edge
of pavement and the front lot line, shall be covered by impervious structures, including asphalt, gravel,
concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming
pools. This covenant is intended to ensure continued compliance with the stormwater permit issued by the State
of North Carolina. The covenant may not be changed or deleted without the consent of the State.
No one -may fill in or pipe any roadside or lot -line swale, except as necessary to provide a minimum driveway
crossing.
For curb outlet system projects, no one may pipe, fill in, or alter any lot line Swale used to meet North
Carolina Stormwater Management Permit requirements.
NOTE If lot sizes vary significantly, the owner/developer must provide an attachment listing each lot number, size,
and the allowable built -upon area for eich lot.
39