HomeMy WebLinkAboutSW8060122_CURRENT PERMIT_20060315STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 Ql9 122
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
ZoDu 0",15
YYYYMMDD
W AjF19
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\O�OF
r-
Alan W. Klimek, P. E. Director
>_ -1
Division olWater Quality
O C
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 15, 2006
Mr. Kavi Morton, Vice President
Morton Farms, Inc.
308 Country Club Blvd.
Jacksonville, NC 28540
Subject: Stormwater Permit No. SW8 060122
Rock Creek Section IX
Low Density Subdivision Permit
Onslow County
Dear Mr. Morton:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Rock Creek Section IX on March 15, 2006. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit
No. SW8 060122, dated March 15, 2006, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be
subject to the conditions and limitations as specified therein, and does not supercede
any other agency permit that may be required.
If any parts, requirements, or limitations contained in this Permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact either Gary Beecher or me at (910) 796-7215.
Sincerely,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/ghbl: S:\WQS\STORMWAT\PERMIT\060122.Mar06
cc: David Newsom (Crystal Coast Engineering)
Onslow County Building Inspections
NCDOT district engineer
Division of Coastal Management
Gary Beecher (DWQ)
Wilmington Regional Office
Central Files
�-A N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 796-7215 Customer Service ---�_
Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1-877-623-6748 �_-CDEN-i
State Skormwater Management Systems
Permit No.Sw8 060122
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
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
Mr. Kavi Morton, Vice President
Morton Farms, Inc.
Rock Creek Section IX
Onslow County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
Each of the 51 lots is limited to a maximum of 6,733 square feet of built -upon
area, as indicated in the approved plans. CAMA regulations may reduce the
allowable built -upon area for those lots within the AEC.
The overall tract built -upon area percentage for the project must be maintained
at 30% per the requirements of Section .1005 of the stormwater rules.
Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
6. All roof drains must terminate at least 30' from the mean high water mark.
Page 2 of 5
State Stormwater Management Systems
Permit No.SW8 060122
t%
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
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
Mr. Kavi Morton, Vice President
Morton Farms, Inc.
Rock Creek Section IX .
Onslow County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
Each of the 51 lots is limited to a maximum of 6,733 square feet of built -upon
area, as indicated in the approved plans. CAMA regulations may reduce the
allowable built -upon area for those lots within the AEC.
2. The overall tract built -upon area percentage for the project must be maintained
at 30% per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
butter between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
6. All roof drains must terminate at least 30' from the mean high water mark.
Page 2 of 5
State Stormwater Management Systems
Permit No.SW8 060122
11. SCHEDULE OF COMPLIANCE
Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a. Inspections
b. Sediment removal.
G. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any of the items shown on the approved plans, including
the stormwater management system, design concept, built -upon area,
details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
The Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
No piping shall be allowed except that minimum amount necessary to direct
runoff beneath an impervious surface such as a road and that minimum amount
needed under driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. 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 of Water
Quality, and responsibility for meeting the built -upon area limit is transferred to
the individual property owner, provided that the permittee complies with the
requirements of Section 11.11 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing
that the project's stormwater controls, and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications.
Page 3 of 5
State Stormwater Management Systems
Permit NO.SW8 060122
Any deviation from the approved plans must be noted on the Certification.
11. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
Recorded deed restrictions must include, as a minimum, the following
statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 060122, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is 6,733 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina,
but does not include raised, open wood decking, or the water surface of
swimming pools.
Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings,
is strictly prohibited by any persons.
Lots within CAMA's Area of Environmental Concern may have the
permitted built -upon area reduced due to CAMA jurisdiction within the
AEC.
Each lot will maintain a 30' wide vegetated buffer between all impervious
areas and surface waters.
All roof drains shall terminate at least 30' from the mean high water mark
12. The permittee shall submit a copy of the recorded deed restrictions within 30
days of the date of recording.
13. If the permittee sets up an Architectural Review Committee (ARC) to review
plans for compliance with the restrictions, the plans reviewed must include all
proposed built -upon area (BUA). Any approvals given by the ARC do not relieve
the lot owner of the responsibility to maintain compliance with the permitted BUA
limit.
14. 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.
Page 4 of 5
State Stormwater Manage
Pmt�..
Permit NO.SWB "06012z"
15. Stormwater conveyances will be located in either dedicated right-of-way (public
or private), recorded common areas or recorded drainage easements. The final
plats for the project will be recorded showing all such required easements, in
accordance with the approved plans.
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
re -issuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit request must be submitted
to the Division of Water Quality accompanied by the appropriate fee,
documentation from both parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits, and
may or may not be approved.
The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the permit transfer request. Transfers to third
parties by the permittee where the required documentation has not been
submitted to the Division does not relieve the permittee of responsibility for
transferring the permit.
7. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state and federal) which have jurisdiction. If
any of those permits result in revisions to the plans, a permit modification must
be submitted.
8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and its components.
9. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
Permit issued th18 the 15th day of March 2006.
NORT "CAROLI A VIRONMENTAL MANAGEMENT COMMISSION
-- -�1P --------------------------
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5
OFFICE USE ONLY
Date Received
Fee Paid
Permit Number
4zTio, "
Sw8 0&QI?,2
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This font mall he photocopied f tr use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual. etc. who owns the project):
Morton Farms, Inc
2. Print Owner%Signing Official's name and title (person legally responsible for facility and compliance):
Kavi Morton, Vice President
3. Mailing Address for person listed in item 2 above:
308 County Club Boulevard
City: Jacksonville
Telephone Number: ( 910 ) 324-3022
NC
28540
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Rock Creek Section IX
5. Location of Project (street address):
Rock Creek Country Club, Gumbmnch
City: Richlands Township County: Onslow
6. Directions to project (from nearest major intersection):
From intersection of NC 24 and US 17 in Jacksonville, west on NC 24 approx. 7.3 miles to NCSR 1316 (Rhodestown Road),
right on Rhodestown Road approx. 2.4 miles to Cross Creek Drive, left on Cross Creek Drive, site on left.
7. Latitude: 340 50' 57.2" N Longitude: 770 29' 57.9" W of project
8. Contact person who can answer questions about the project:
Name: David K. Newsom, PE (Crystal Coast Engineering, PA) Telephone Number: ( 910 ) 325-0006
IL PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
Form SWU-101 Version 3.99 Page I of
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
X Low Density High Density _Redevelop _General Permit _Other
4. Additional Project Requirements (check applicable blanks):
CAMA Major X Sedimentation /Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
Ill. PROJECT INFORMATION
1. In the space provided below. summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Low Density
2. Stormwater runoff from this project drains to the White Oak (New River) River basin.
3. Total Project Area: 30.74 acres 4. Project Built Upon Area: 30.00 00
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information . ' -
_. - .Drainage Area 1
Drainage Area 2
Receiving Stream Name
New River
Receiving Stream Class
C:NSW
Drainage Area
30.74 ac
Existing Impervious* Area
-0-
Proposed Impervious*Area
401,664 sf (9.22 ac)
%Impervious* Area (total)
-0-
Impervious* Surface Area
;- -- Drainage AreaA -
- Drainage Area 2
On -site Buildings
343,429 sf
On -site Streets
58,235 sf
On -site Parking
-0-
On-site Sidewalks
Other on -site
_0_
Off -site
0_
Total: 401,664 sf
Total:
* Impervious area is defined a.r the built upon area includingbut not limited to, buildings, mods, parking areas,
sidewalks, gravel areas, etc.
FonnSWIJ-101 Version 3.99 Page 2of4
7. How was the off -site impervious area listed above derived? n/a
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
1. The_following covenants are intended to ensure ongoing compliance with state stormwater management permit number
N/A as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than N/A square feet of amp lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the wetter surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide drivewuc crossings.
a. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
?. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stonnwater and General Permits Unit at (919) 733-5083 for the status
and availability of these fonts.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplemorm(s) for each BMP n /
• Permit application processing fee of Q.4X (payable to NCDENR) Pre✓lutsj�y /,,�•y�t
• Detailed narrative description of stormwater treatment/management 7 "i
• Two copies of plans and specifications, including: U
- Development/Project name
- Eneineer and firm
-Legend
- North arrow
- Scale
- Revision number R date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage casements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VH. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm):Crystal Coast Engineering, PA
Mailing Address:3817-3 Freedom Way
City Hubert State: NC Zip:28539
Phone:[ 910 ) 325-0006 Fax:( 910 ) 325-0060
VIII. APPLICANT'S CERTIFICATION
1, (print or type name ofperson listed in General Information, item 2) Kavi E. Morton
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 21-1.1000. /
Date: r2 J'9- }
Form SVU-101 Version 3.99 Page 4 of 4
Permit No. CMG O I2Z
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through 1007.
I. PROJECT INFORMATION
Project Name: Rock Creek Section IX
Contact Person: David K. Newsom, PE Phone Number: ( 910 ) 325-0006
Number of Lots: 51 tots Allowable Built Upon Area Per Lot*: 6,733 sf
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals
and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor - the appropriate percent built upon area divided by 100.
• RA Road Area - the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form SWU-104 Rev 3.99 Page 1 of 2
1 ..
(SA x DF) - RA - OA ' BUA
No. Lots Lot
_ ((1,338,881 sf x 0.30) - 58,235 sf - 0 sf) / 51
= 6,733 sf/lot
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
144 d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
Form SWU-104 Rev 3.99 Page 2 of 2
Proposed Language for Restrictive Covenants
Rock Creek Section IX
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations,
deed restrictions and protective covenants are required for Low Density Residential
Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants
are necessary to ensure that the development maintains a "built -upon" area consistent with the
applicable regulation governing the density level. The following deed restrictions and covenants
must be recorded prior to the sale of any lot:
The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number o a o 1 z Z as issued by the Division of
Water Quality under NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is 6,733 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement.
Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, and coquina, but does not include raised, open wood decking, or the water
surface of swimming pools.
These allotted amounts include any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge of
the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open
wood decking, or the water surface of swimming pools.
7 Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings, is strictly prohibited by any
persons.
8. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
9. All roof drains shall terminate at least 30' from the mean high water mark of surface
waters.
Pagc 1 of 7
IOMII WW�®Illlllpe u� nL OIIIIEON+In+�°®RB�X
Doe Recorded: 06/fB/20fe it �2;56.27 Ph
Fee pmt: 832.00 PaB
on"o. Oeunt. NC
a,3582 PBL. 574-580dg
RESTRICTIVE AND PROTECTIVE COVENANTS
NORTH CAROLINA
ONSLOW COUNTY
Mail after recording to: Morton Farms, Inc.
199 Country Club Blvd.
Jacksonville, North Carolina 28540
Prepared by: Gaylor Edwards 8 Vatcher, P.A., Attorneys
THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made this y_
day of April, 2011, by MORTON FARMS, INC., a North Carolina corporation, hereinafter called
'Declarant';
WITNESSETH:
WHEREAS, Declarant is the owner of the real property described in Article II of this declaration
and desires to create thereon a residential community with residential lots, roads and streets; and
WHEREAS, Declarant desires to provide for the preservation of the values and amenities in
said community; and to this end desires to subject the real property described in Article II to the
covenants, restrictions, and easements hereinafter set forth, each and all of which is and are for the
benefit of said property and each owner thereof;
NOW, THEREFORE, the Declarant declares that the real property described in Article II, shall
be transferred, sold, conveyed and occupied subject to the covenants, restrictions, and easements
(sometimes referred to as 'Covenants and Restrictlonsl hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration (unless
the context shall prohibit) shall have the following meanings:
(a)'The Properties" shall mean and refer to all lands described herein, as are subject to this
Declaration or any Supplemental Declaration, under the provisions of Article II hereof.
(b) "Original Lot" shall mean and refer to any plot of land shown upon any original recorded
subdivision map of the Properties.
(c) 'Owner' shall mean and refer to the legal or equitable owner whether one or more persons
Pogo 2 of
or entities holding any Original Lot, whether such ownership be In fee simple title or as land contract
vendee, and shall not mean or refer to a mortgagee.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
All that certain real property situated in Onslow County, North Carolina and more particularly
shown and described on a plat entitled "Final Plat Showing, HOLLY GROVE OF ROCK CREEK",
dated March 20, 2011, prepared by John L. Pierce & Associates, P.A. and recorded in Map Book 61,
Page 240, Slide N-34, in the Office of the Register of Deeds of Onslow County, North Carolina.
Ats,hno nos 0-orKCr<ck�IFolfjGroa<.
ARTICLE III
BUILDING AND USE LIMITATIONS
Section 1. All lots as described in Article II hereof shall be limited to RESIDENTIAL use. No
building shall be erected, altered, placed or permitted to remain on any residential lot other than one
single-family dwelling and private garage or out buildings incidential thereto. Provided, however, the
Declarant shall have the right and privilege to use homes built by It as model homes from which to
conduct sales operations of the remaining homes of The Properties.
All dwellings shall have a minimum enclosed heated living area of 1,400 square feet.
Notwithstanding any provision of this Declarationregardingamendments hereto to the contrary,
specifically including ARTICLE VI, Section 6, the covenants and restrictions set forth herein
establishing the minimum number of enclosed heated living area square feet required for each
dwelling shall not be amended without the prior written consent of the Declarant.
No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuilding
shall be occupied or stored an any residential lot or abutting street, either temporarily or permanently.
No building shall be located on any tat nearer to the front line or nearer to the side street line
than the minimum set back lines shown on the recorded plat. No building shall be located on any lot
which abuts NCSR 1316 (commonly known as Rhodestown Road) nearer than 40 feet to the rear lot
line, as shown on the recorded plat, and no building shall be located on any lot that adjoins the golf
course nearer than fifteen (15) feet to the rear lot line. No building shall be located any closer to aside
property line than eight (8) feet. However, a 10% variance is allowed, exclusive of open porches or
attached garages. For the purposes of this covenant, eaves, steps and open porches shall not be a
part of a building; provided, however, that this shall not be construed to permit any portion of a building
on a lot to encroach upon another lot.
No sign of any kind or advertising device shall be displayed to the public view on any tot except
one sign of not more than one (1) foot square with name and address of owner, other than a'for sale"
sign by the owner or his agent of not more than three (3) square feet.
Section 2. No noxious or offensive activity shall be carded on upon any lot, nor shall anything
be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No
junk cars, that Is cars not in use, or any other kind of trash shall be allowed to accumulate or remain
an The Properties. No boats, trailers, motor homes or campers shall remain parked between the
(
I Page 3of7
dwelling and any adjoining street No animals, livestock or poultry of any kind shall be raised or kept
on any lot except dogs, cats or other household pets, provided that they shall not be so maintained for
any commercial purpose.
Trash, garbage or any other waste material shall be kept In sanitary containers. Equipment for
the storage or disposal of such materials shall be kept In a clean and sanitary condition. All fuel tanks
shall be adequately concealed from the road(s). All structures intended for occupancy must be
equipped with inside plumbing facilities. All sanitary plumbing, septic tanks, wells, and disposal of
waste, shall conform with the minimum requirements of and be approved by the Health Department of
Onslow, County, North Carolina.
Section 3. The Declarant reserves for itself, its successors or assigns, an easement and right
at any time in the future to grant to public utility companies easements, deemed necessary or
desireable by the Declarant, Its successors or assigns, in its sole discretion, for utilities along the front,
side, and rear lines of all lots in the subdivision for the construction and perpetual maintenance of
conduits, pipes, poles, wires, and fixtures for electric lights, telephones, drainage, gas, water, sewer
and other public and quasi -public utilities and to trim any bees which at any time may Interfere or
threaten to interfere with the maintenance of such services, with right of Ingress to and egress from
and across said premises to employees of said utilities.
Easements for installation and maintenance of utilities and drainage facilities are reserved as
shown an the recorded plat and over the rear ten (10) feet and side eight (8) feet of each IoL Within
these easements, no structure, planting or other materials shall be placed or permitted to remain
which may damage or Interfere with the installation and maintenance of utilities, or which may obstruct
or retard the flow of water through drainage channels in the easements. The easement areas of each
lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those
Improvements for which a public authority or utility company is responsible.
No fence, wall, hedge or shrub planting which obstructs sight distance lines at elevations
between two and six feet above the roadways shall be placed or permitted to remain on any comer lot
within the triangular area as shown by the typical sight distance at the street intersections as shown on
the recorded plat. Nothing shall be permitted to remain within such distances of such intersections
unless the foliage line Is maintalned at sufficient height to prevent obstruction of such sight lines.
Section 4. On lots which abut the adjoining golf course property, no fence aver a height of five
(5) feet shall be erected between a line extending from the rear of the primary dwelling to each side lot
line or nearer to the rear property line than 15 feet. On lots 1 and 2, no fence over a height of five (5)
feet shall be erected between a line extending from the rear of the primary dwelling to the minimum
building line parallel to Holly Grove Lane, or nearer to the rear property line than the minimum building
fine parallel to Rhodeslown Road, as shown on the recorded plat of the subdivision. On all other lots in
the subdivision, no fence over a height of five (5) feet shall be erected between a line extending from
the rear of the primary dwelling to each side lot line and the rear property line. The finished sides of
any fence allowed must face toward: (I) the front property line for that portion extending from the rear
of the primary dwelling to each side lot line, (fi) the side lot line for that portion on or immediately
adjacent to a side lot line and (fii) the rear property line for that portion on or parallel to the rear
property line. No fence shall he erected between a line extending from the rear of the primary dwelling
to each side lot line and the street right of way, provided however, a decorative fence of
complimentary architectural design not exceeding a height of one (1) foot may be located nearer to the
front property line than described above. No welded or webbed wire fence shall be allowed unless the
exterior of any such fence shall be concealed by decorative wood or shrubbery.
PagcA 07
Mailboxes shall be located no nearer to the paved portion of the public road abutting each lot
than 12 inches. Mailboxes shall also be of a type, size, and design as that which is originally approved
by the Declaranddeveloper. No brick or stone mailboxes shall be permitted.
Any outbuildings constructed or placed on a lot shall compliment and be in harmony with the
design and materials of the primary dwelling and shall be built or placed only on permanent
foundadons. The design of, and materials to be used, for any outbuildings must be approved by the
Declarant prior to construction or placement on any lot. No temporary buildings of any kind are
allowed. If outbuildings are built with a crawl space that space shall be concealed with underpinning
attached to the building. Outbuildings shall comply with all governmental agency specifications.
Driveway culverts or any culverts adjoining the public road which provide for drainage of runoff
water shall be made of materials and installed in compliance with the North Carolina Department of
Transportation standards.
All owners and occupants of any lot abutting on the Rock Creek Golf Course shall extend to
any and all golfers lawfully using the Golf Course the courtesy of allowing such golfers to retrieve any
and all errant golf balls which shall land on any lot in the subdivision, provided such golf balls can be
recovered without damaging any flowers, shrubbery or the property in general of the owner of any
such lot
Section 5. No lot as shown by the recorded map of the above lots shall be re -subdivided
unless part of the subdivided lot becomes a part of a whole lot, and the remainder of the subdivided lot
satisfies the Onslow County subdivision ordinances requirements for a single family dwelling lot.
Section B. The purpose of the foregoing Building and Use Limitations is to insure the use of
the properties for attractive residential uses, to prevent nuisances, to prevent impairment of the
attractiveness of the property, to maintain the desirability of the community and thereby secure to
each owner the full benefits and enjoyments to his home with no greater restrictions upon the free and
undisturbed use of his property than are necessary to insure the same advantages to other owners.
ARTICLE IV
COMPLIANCE WITH DEPARTMENT OF TRANSPORATION TRAFFIC
MAINTENANCE STANDARDS
Driveway headwalls, fences, mailboxes, newspaper delivery boxes,or other roadside
obstructions, constructed within the right of way of any street as shown on the recorded plat of the
subdivision in a location or out of materials determined to be a traffic safety hazard by the North
Carolina Department of Transportation or the Declarant, shall not be permitted. It shall be the duty of
the Owner of any Lot to remove such obstruction, at the Owner's sole expense, within thirty (30) days
following written notification of such objection by the North Carolina Department of Transportation or
Declarant. In the event any Owner fails to remove an obstruction within the thirty (30) day period
following receipt of notice of the objection, Declarant shall be entitled, but not obligated, to remove the
obstruction and recover the expense and cost, including reasonable a0orney's fees, incurred in the
removal.
Pogo 5 of 7
ARTICLE V
GENERAL PROVISIONS
Section 1. Compliance with Stormwater Impervious Rules. No portion of any lot shall be
covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or
similar materials than Is allowed by stormwater runoff rules adopted by the State of North Carolina,
Onslow County, or any governmental entity and this covenant may also be enforced by the Stale of
North Carolina, Onslow County, or any of said governmental entities.
Section 2. Underaround Widno and Street Llahts. Declarant, or its successors or assigns,
reserves the right to subject the real property described herein to a contract with Jones-Onssow EMC
for the installation of underground electric cables and/or the installation of street lighting, either or both
of which may require an initial payment and/or a continuing monthly payment to Jones-Onslow EMC
by the owner of each home.
Section 3. Satellite Dishes. Any radio or television satellite receiving dish shall be located in
the rear of or attached to the dwelling on any lot and no closer than 30 feet to the property line. No
dish shall exceed 24 Inches in diameter.
Section4. StorrnwaterMana emenL
A. The following covenants in this Section 4 are intended to ensure ongoing
compliance with State Stormwater Management Permit Number SW8 100709 as issued by the North
Carolina Department of Environment and Natural Resources, Division of Water Duality under NCAC
2H.1000.
B. The State of North Carolina Is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
D. These covenants pertaining to stormwaler listed In this Section 4 may not be altered
or rescinded without the consent of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality.
E. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water quality.
F. The maximum built -upon area per lot is 3,550 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built -upon area includes, but is
not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and
parking areas, but does not Include open wood decking or the water surface of swimming pools.
G. Swales shall not be filled in, piped, or altered except as necessary to provide
driveway crossings.
H. Filling in or piping any vegetative conveyances (ditches, swales, etc.) associated
with the development, except for average driveways crossings, is strictly prohibited by any persons.
I. Each lot will maintain a 50' wide vegetated buffer between all impervious areas and
surface waters.
J. All roof drains shall terminate at least 59 from the mean high water mark of surface
waters.
K Built -upon area in excess of the permitted amount requires a state stormwater
management permit modification prior to construction.
L. All permitted runoff from oulparcels or future development shall be directed Into the
permitted stormwater control system. These connections to the stormwater control system shall be
Page 6 of i
performed in a manner that maintains the integrity. and performance of the system as permitted.
M. Filling In, piping or altering any designated 5:1 curb outlet Swale associated with the
development Is prohibited by any persons.
N. This project proposes a curb outlet system. Each designated curb gullet swale or
100 foot long vegetated area shown on the approved plan must be maintained at a minimum of 100
foot long, maintain 5:1 (H:V) side slopes or Flatter, have a longitudinal slope no steeper than 5%, carry
the flow from a 10 year storm in a non -erosive manner and maintain a dense vegetated cover and be
located in either a dedicated common area or a recorded drainage easement.
O. In the event any lot is within CAMA's regulated Area of Environmental Concern
("AEC"), the built -upon area ("BUA") for that lot, as calculated by CAMA, Is less than the amount
shown in these restrictions, the most restrictive BUA will be the maximum permitted limit for that fit,
Section 5. Except as provided in this Article VI, Section 4, the covenants and restrictions of
this Declaration, are subject to being altered, modified, cancelled or changed at any time as to said
subdivision as a whole or as to any subdivided lot or part thereof by written document executed by the
Declarant, for so long as the Declarant owns at least one (1) lot within this subdivision, without the
consent of any other lot owner. Except as provided in this Article VI, Section 4, at such lime as the
Declarant no longer owns any lot in this subdivision, the covenants and restrictions set forth herein
may be altered, modified, cancelled or changed by written document executed by not less than
seventy-five percent (75.0%) of the lot owners in the subdivision.
Section 6. The covenants and restrictions of this Declaration shall run with and bind the land
and shall inure to the benefit of and be enforceable by the Decfarant, or the owner of any land subject
to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of
twenty years from the date this Declaration is recorded, afterwhich lime said covenants shall be
automatically extended for successive periods of ten (10) years each unless an instrument signed by
the then owners of seventy-five percent (75.0%) of the subdivided lots has been recorded, agreeing to
change said Covenants and Restrictions in whole or in part.
Section 7. Any notice required to be sent to any owner under the provision of this Declaration
shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the
person who appears as an owner on the records of the Declarant at the lime of such mailing.
Section 8. Enforcement of these covenants and restrictions shall be by any proceeding at law
or In equity against any person or persons violating or attempting to violate any covenant or
restriction, either to restrain violation or to recover damages, and failure by the Declarant or any owner
to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter. Should suit become necessary to enforce any provisions of these covenants
the losing parry shall be accessed and the prevailing party shall recover the court costs of such suit
including, but not limited to, attorney fees for the prevailing party in an amount to be set. by the Court.
Section 9. Invalidation of any one of these covenants or restrictions by judgment or court
order shall In no wise affect any other provisions which shall remain in full force and effect.
Page r of
IN TESTIMONY WHEREOF, Declarant, has executed this instrument the day and year first
above written.
MORTON FARMS, INC.
Harold C. Morton
President
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I certify that the following person(s) personally appeared before me this day, each acknowledging to
me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the
capacity(ies) indicated: HAROLD C. MORTON
Date: Apol 1, 2011 a�i8✓,p
a3p9w
(O ial Signalure ofN lary)US
(Notary's primed orry name)(OSeaQ
My commission expires: �kI`'( �q, 20f lI
ECEIVE"
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Onelov CcuntV. NC
filldr'e]d n Thomas Replster of Deeds
BK2732 Pa283-289
RESTRICTIVE AND PROTECTIVE COVENANTS
NORTH CAROLINA
k)ONSLOW COUNTY
Mail after recording to: Morton Farms, Inc.
_l 199 Country Club Blvd.
Jacksonville, North Carolina 28540
Prepared by: Gaylor, Edwards 8 Vatcher, Attorneys
THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made this 5
day of September, 2006, by MORTON FARMS, INC., hereinafter called "Declarant"
WITNESSETH:
WHEREAS, Declarant is the owner of the real property described in Article II of this declaration
and desires to create thereon a residential community with roads and streets; and
WHEREAS, Declarant desires to provide for the preservation of the values and amenities in
said community; and to this end desires to subject the real property described in Article II to the
covenants, restrictions, and easements hereinafter set forth, each and all of which is and are for the
benefit of said property and each owner thereof;
NOW, THEREFORE, the Declarant declares that the real property described in Article II, shall
be transferred, sold, conveyed and occupied subject to the covenants, restrictions, and easements
(sometimes referred to as "Covenants and Restrictions") hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration (unless
the context shall prohibit) shall have the following meanings:
(a) "The Properties" shall mean and refer to all lands described herein, as are subject to this
Declaration or any Supplemental Declaration, under the provisions of Article 11 hereof.
(b) "Original Lot" shall mean and refer to any plot of land shown upon any original recorded
subdivision map of the Properties.
(c) "Owner" shall mean and refer to the legal or equitable owner whether one or more persons
or entities holding any Original Lot, whether such ownership be in fee simple title or as land contract
Book: 2732 Page, 1977-Current: 283 Seq: 1
Page 2 of 7
vendee, and shall not mean or refer to a mortgagee.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
All that certain real property situated in Onslow County, North Carolina and more particularly
shown and described on a plat entitled "Final Plat Showing, Rock Creek, Section IX", dated April 16,
2005, prepared by John L. Pierce & Associates, P.A. and recorded in Map Book 51, Page 174, Slide
L-1510, in the office of the Register of Deeds of Onslow County, North Carolina.
ARTICLE III
BUILDING AND USE LIMITATIONS
Section I. All lots as described in Article II hereof shall be limited to RESIDENTIAL use. No
building shall be erected, altered, placed or permitted to remain on any residential lot other than a one
single-family dwelling and private garages or out buildings incldential thereto. Provided, however, the
Declarant shall have the right and privilege to use homes built by it as model homes from which to
conduct sales operations of the remaining homes of The Properties.
All dwellings shall have a minimum enclosed heated living area of 2,000 square feet, if a one
story dwelling, and 2,400 square feet, if a two story dwelling. Notwithstanding any provision of this
Declaration regarding amendments hereto to the contrary, specifically including ARTICLE VI, Section
6, the covenants and restrictions set forth herein establishing the minimum number of enclosed
heated living area square feet required for each dwelling shall not be amended without the prior
written consent of the Declarant.
No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuilding
shall be occupied or stored on any residential lot or abutting street, either temporarily or permanently.
No building shall be located on any lot nearer to the front line or nearer to the side street line
than the minimum set back lines shown on the recorded plat. No building shall be located any closer
to a side or rear property line than eight (8) feet; provided further, that no building shall be located any
closer to either said property lines than thirty (30) feet when said property line adjoins the golf course.
However, a 10% variance is allowed, exclusive of open porches or attached garages. For the
purposes of this covenant, eaves, steps and open porches shall not be a part of a building; provided,
however, that this shall not be construed to permit any portion of a building on a lot to encroach upon
another lot.
No sign of any kind or advertising device shall be displayed to the public view on any lot except
one sign of not more than one (1) foot square with name and address of owner, other than a "for sale"
sign by the owner or his agent of not more than three (3) square feet.
Section 2. No noxious or offensive activity shall be carried on upon any lot, nor shall anything
be done thereon which may. be or may become an annoyance or nuisance to the neighborhood. No
junk cars, that is cars not in use, or any other kind of trash shall be allowed to accumulate or remain
on The Properties. No boats, trailers, motor homes or campers shall remain parked between the
dwelling and any adjoining street. No animals, livestock or poultry of any kind shall be raised or kept
on any lot except dogs, cats or other household pets, provided that they shall not be so maintained for
any commercial purpose.
Book: 2732 Page, 1977-Current: 283 Seq: 2
Page 3 of 7
Trash, garbage or any other waste material shall be kept in sanitary containers. Equipment for
the storage or disposal of such materials shall be kept in a clean and sanitary condition. All fuel tanks
shall be adequately concealed from the road(s). All structures intended for occupancy must be
equipped with inside plumbing facilities. All sanitary plumbing, septic tanks, wells, and disposal of
waste, shall conform with the minimum requirements of and be approved by the Health Department of
Onslow County, North Carolina.
Section 3. The Declarant reserves for itself, its successors or assigns, an easement and right
at any time in the future to grant to public utility companies easements, deemed necessary or
desireable by the Declarant, its successors or assigns, in its sole discretion, for utilities along the front,
side, and rear lines of all lots in the subdivision for the construction and perpetual maintenance of
conduits, pipes, poles, wires, and fixtures for electric lights, telephones, drainage, gas, water, sewer
and other public and quasi -public utilities and to trim any trees which at any time may interfere or
threaten to interfere with the maintenance of such services, with right of ingress to and egress from
and across said premises to employees of said utilities.
Easements for installation and maintenance of utilities and drainage facilities are reserved as
shown on the recorded plat and over the rear ten (10) feet and side eight (8) feet of each lot. Within
these easements, no structure, planting or other materials shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance of utilities, or which may obstruct
or retard the flow of water through drainage channels in the easements. The easement areas of each
lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those
improvements for which a public authority or utility company is responsible.
No fence, wall, hedge or shrub planting which obstructs sight distance lines at elevations
between two and six feet above the roadways shall be placed or permitted to remain on any comer lot
within the triangular area as shown by the typical sight distance at the street intersections as shown on
the recorded plat. Nothing shall be permitted to remain within such distances of such intersections
unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
Section 4. No fence over a height of five (5) feet shall be constructed between a line extending
from the rear.of primary dwelling to each side lot line and the rear property line or nearer to the rear
property line than 30 feet where the lot adjoins the property of the Rock Creek Golf Course. The
finished sides of any fence allowed must face toward: (i) the front property line for that portion
extending from the rear of the primary dwelling to each side lot line, (ii) the side lot line for that portion
on or immediately adjacent to a side lot line and (iii) the rear property line for that portion on or parallel
to the rear property line. No fence shall be erected between a line extending from the rear of the
primary dwelling to each side lot line and the street right of way, provided however, a decorative fence
of complimentary architectural design not exceeding a height of one (1) foot may be located nearer to
the front property line than described above. On lots abutting more than one street, there shall be no
fences located nearer any street right of way than the most distant portion of the wall of the dwelling
facing that street right of way. No welded or webbed wire fence shall be allowed unless the exterior of
any such fence shall be concealed by decorative wood or shrubbery.
Mailboxes shall be located no nearer to the paved portion of the public road abutting each lot
than 12 inches. Mailboxes shall also be of a type, size, and design as that which Is originally approved
by the developer. No brick or stone mailboxes shall be permitted.
Any outbuildings constructed or placed on a lot shall compliment and be in harmony with the
design and materials of the primary dwelling and shall be built or placed only on permanent
foundations. The design of, and materials to be used, for any outbuildings must be approved by the
Book: 2732 Page, 1977-Current: 283 Seq: 3
Page 4 of 7
Declarant prior to construction or placement on any lot. No temporary buildings of any kind are
allowed. If outbuildings are built with a crawl space that space shall be concealed with underpinning
attached to the building. Outbuildings shall comply with all governmental agency specifications.
Driveway culverts or any culverts adjoining the public road which provide for drainage of runoff
water shall be made of reinforced concrete pipe.
All owners and occupants of any lot abutting on the Rock Creek Golf Course shall extend to
any and all golfers lawfully using the Golf Course the courtesy of allowing such golfers to retrieve any
and all errant golf balls which shall land on any lot in the subdivision, provided such golf balls can be
recovered without damaging any flowers, shrubbery or the property in general of the owner of any
such lot.
Section 5. No lot as shown by the recorded map of the above lots shall be re -subdivided
unless part of the subdivided lot becomes a part of a whole lot, and the remainder of the subdivided lot
satisfies the Onslow County subdivision ordinances requirements for a single family dwelling lot.
Section 6. The purpose of the foregoing Building and Use Limitations is to insure the use of
the properties for attractive residential uses, to prevent nuisances, to prevent Impairment of the
attractiveness of the property, to maintain the desirability of the community and thereby secure to
each owner the full benefits and enjoyments to his home with no greater restrictions upon the free and
undisturbed use of his property than are necessary to insure the same advantages to other owners.
ARTICLE IV
PROVISIONS RELATING TO WETLANDS
All of the properties subject to these Covenants and Restrictions shall also be subject to the
following Special Provisions Relating to Wetlands. In developing the subject real property, the
Declarant has agreed with the Department of the Army Corps of Engineers (pursuant to a permit
issued by the Corps of Engineers) to restrict and prohibit any future filling or other detrimental activities
in the wetfand areas, which presently exist within the identified areas of the property. Accordingly, all
wetlands shown and delineated on the recorded map of the subdivision set forth in Article II hereof,
shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall
perform any of the following activities on such conservation area: (a) fill, grade, excavate or perform
any other land disturbing activities; (b) cut, mow, bum, remove or harm any vegetation; (c) construct
or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers or any
other permanent or temporary structures, (d) drain or othewise disrupt or alter the hydrology or
drainage ways of the conservation area; (e) dump or store soil, trash, or other waste; (f) allow animal
grazing or watering or use for any other agricultural or horticultural purpose on such conservation
areas. This covenant Is intended to ensure continued compliance with the mitigation condition of
authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington
District, and therefore may be enforced by the United States of America. This covenant is to run with
the land and shall be binding on the Declarant, the owner of any lot in the subdivision and all persons
or entities claiming under them.
This Article IV cannot be amended or modified without the express written consent of the U.S.
Army Corps of Engineers, Wilmington District, or its authorized successor.
Book: 2732 Page, 1977-Current: 283 Seq: 4
Page 5 of 7
ARTICLE V
COMPLIANCE WITH DEPARTMENT OF TRANSPORATION TRAFFIC
MAINTENANCE STANDARDS
Driveway headwalls, fences, mailboxes, newspaper delivery boxes or other roadside
obstructions, constructed within the right of way of any street as shown on the recorded plat of the
subdivision in a location or out of materials determined to be a traffic safety hazard by the North
Carolina Department of Transportation or the Declarant, shall not be permitted. It shall be the duty of
the Owner of any Lot to remove such obstruction, at the Owner's sole expense, within thirty (30) days
following written notification of such objection by the North Carolina Department of Transportation or
Declarant. In the event any Owner fails to remove an obstruction within the thirty (30) day period
following receipt of notice of the objection, Declarant shall be entitled, but not obligated, to remove the
obstruction and recover the expense and cost, including reasonable attorney's fees, incurred in the
removal.
f_1:It1fy1111:110r11
GENERAL PROVISIONS
Section 1. No portion of any lot shall be covered by structures and/or paved surfaces,
including walkways or patios of brick, stone, slate or similar materials than is allowed by stormwater
runoff rules adopted by the State of North Carolina, Onslow County, or any governmental entity and
this covenant may also be enforced by the State of North Carolina, Onslow County, or any of said
governmental entities.
Section 2. Underground Wiring and Street Lights. Declarant, or its successors or assigns,
reserves the right to subject the real property described herein to a contract with Jones-Onlsow EMC
for the installation of underground electric cables and/or the installation of street lighting, either or both
of which may require an initial payment and/or a continuing monthly payment to Jones-Onslow EMC
by the owner of each home.
Section 3. Any radio or television satellite receiving dish shall be located in the rear of or
attached to the dwelling on any lot and no closer than 30 feet to the property line. No dish shall
exceed 24 inches in diameter.
Section 4. Stormwater Management.
A. The following covenants in this section 4 are intended to ensure ongoing
compliance with State Stormwater Management Permit Number SW8 060122 as issued by the
Division of Water Quality under NCAC 2H.1000.
B. The Slate of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them. 17
D. These covenants pertaining to stormwater listed in this Section 5 may not be altere k
or rescinded without the consent of the State of North Carolina, Division of Water Quality. !rt
E. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
F. The maximum built -upon area per lot is 5,546.9 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built -upon area includes, but is
Book: 2732 Page, 1977-Current: 283 Seq: 5
Page 6 of
not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and
parking areas, but does not include open wood decking or the water surface of swimming pools.
G. Swales shall not be filled in, piped, or altered except as necessary to provide
driveway crossings.
H. Filling in or piping any vegetative conveyances (ditches, swales, etc.) associated
with the development, except for average driveways crossings, is strictly prohibited by any persons.
I. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
J. All roof drains shall terminate at least 30' from the mean high water mark of surface
waters.
K. Built -upon area in excess of the permitted amount requires a state stormwater
management permit modification prior to construction.
L. All permitted runoff from outparcels or future development shall be directed into the
permitted stormwater control system. These connections to the stormwater control system shall be
performed in a manner that maintains the integrity and performance of the system as permitted.
M. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any persons.
N. This project proposes a curb outlet system. Each designated curb outlet swale or
100 foot long vegetated area shown on the approved plan must be maintained at a minimum of 100
foot long, maintain 5:1 (H:V) side slopes or Flatter, have a longitudinal slope no steeper than 5%, carry
the Now from a 10 year storm in a non -erosive manner and maintain a dense vegetated cover and be
located in either a dedicated common area or a recorded drainage easement.
O. In the event any lot Is within CAMA's regulated Area of Environmental Concern
("AEC"), the built -upon area ("BUA") for that lot, as calculated by CAMA, is less than the amount
shown in these restrictions, the most restrictive BUA will be the maximum permitted limit for that lot.
Section 5. Except as provided in this Article VI, Section 4, the covenants and restrictions of
this Declaration, are subject to being altered, modified, cancelled or changed at any time as to said
subdivision as a whole or as to any subdivided lot or part thereof by written document executed by the
Declarant, for so long as the Declarant owns at least one (1) lot within this subdivision, without the
consent of any other lot owner. Except as provided in this Article VI, Section 4, at such time as the
Declarant no longer owns any lot in this subdivision, the covenants and restrictions set forth herein
may be altered, modified, cancelled or changed by written document executed by not less than
seventy-five percent (75.0%) of the lot owners in the subdivision.
Section 6. The covenants and restrictions of this Declaration shall run with and bind the land
and shall inure to the benefit of and be enforceable by the Declarant, or the owner of any land subject
to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of
twenty years from the date this Declaration is recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10) years each unless an instrument signed by
the then owners of seventy-five percent (75.0%) of the subdivided lots has been recorded, agreeing to
change said Covenants and Restrictions in whole or in part.
Section 7. Any notice required to be sent to any owner under the provision of this Declaration
shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the
person who appears as an owner on the records of the Declarant at the time of such mailing.
Section 8. Enforcement of these covenants and restrictions shall be by any proceeding at law
or in equity against any person or persons violating or attempting to violate any covenant or restriction,
either to restrain violation or to recover damages, and failure by the Declarant or any owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
Book: 2732 Page, 1977-Current: 283 Seq: 6
Page 7 of 7
thereafter. Should suit become necessary to enforce any provisions of these covenants the losing
party shall be accessed and the prevailing party shall recover the court costs of such suit including,
but not limited to, attorney fees for the prevailing party in an amount to be set by the Court.
Section 9. Invalidation of anyone of these covenants or restrictions by judgment or court order
shall in no wise affect any other provisions which shall remain in full force and effect.
IN TESTIMONY WHEREOF, Declarant, has executed this instrument the day and year first
above written.
MORTOON FARMS, INC.
by:
Harold C. Morton
President
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I, a notary public of the county and state aforesaid, do hereby certify that Harold C. Morton personally
came before me this day and acknowledged that he is President of Morton Farms, Inc., a North
Carolina Corporation, and that, by authority duly given and as the act of the Corporation, he signed the
foregoing instrument in its name on its behalf as its act and deed.
- -i -
Witness my hand and official seal this the (� day of September, 2006.
Notary Publi
My commission expires;
9% doll
r,ttlDWAOsaSAHy R'o C C
Book: 2732 Page, 1977-Current: 283 Seq: 7
SGv �G�v! ZZ
Page t o;3
to-1 44
Doc ID: 0011932g0007 Type: CRP
Rewrded: 09/18/2008 et D1 :25:38 PM
Fee Amt: $32.00 Page 1 of 7
01, . County, NC
Mildred M Thomas Register of Deeds
UK2 r 32 PD283-289
RESTRICTIVE AND PROTECTIVE COVENANTS
NORTH CAROLINA
yONSLOW COUNTY
Mail after recording to: Morton Farms, Inc.
/- 199 Country Club Blvd.
Jacksonville, North Carolina 28540
Prepared by: Gaylor, Edwards & Vatcher, Attorneys
THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made this (5
day of September, 2006, by MORTON FARMS, INC., hereinafter called "Declarant";
WITNESSETH:
WHEREAS, Declarant is the owner of the real property described in Article II of this declaration
and desires to create thereon a residential community with roads and streets; and
WHEREAS, Declarant desires to provide for the preservation of the values and amenities in
said community; and to this end desires to subject the real property described in Article II to the
covenants, restrictions, and easements hereinafter set forth, each and all of which is and are for the
benefit of said property and each owner thereof;
NOW, THEREFORE, the Declarant declares that the real property described in Article II, shall
be transferred, sold, conveyed and occupied subject to the covenants, restrictions, and easements
(sometimes referred to as "Covenants and Restrictions") hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration (unless
the context shall prohibit) shall have the following meanings:
(a) "The Properties" shall mean and refer to all lands described herein, as are subject to this
Declaration or any Supplemental Declaration, under the provisions of Article II hereof.
(b) "Original Lot" shall mean and refer to any plot of land shown upon any original recorded
subdivision map of the Properties.
(c) "Owner" shall mean and refer to the legal or equitable owner whether one or more persons
or entities holding any Original Lot, whether such ownership be in fee simple title or as land contract
Book: 2732 Page, 1977-Current: 283 Seq: 1
Page 2 o: 3
ARTICLE V
COMPLIANCE WITH DEPARTMENT OF TRANSPORATION TRAFFIC
MAINTENANCE STANDARDS
Driveway headwalls, fences, mailboxes, newspaper delivery boxes or other roadside
obstructions, constructed within the right of way of any street as shown on the recorded plat of the
subdivision in a location or out of materials determined to be a traffic safety hazard by the North
Carolina Department of Transportation or the Declarant, shall not be permitted. It shall be the duty of
the Owner of any Lot to remove such obstruction, at the Owner's sole expense, within thirty (30) days
following written notification of such objection by the North Carolina Department of Transportation or
Declarant. In the event any Owner fails to remove an obstruction within the thirty (30) day period
following receipt of notice of the objection, Declarant shall be entitled, but not obligated, to remove the
obstruction and recover the expense and cost, including reasonable attorney's fees, incurred in the
removal.
ARTICLE VI
GENERAL PROVISIONS
Section 1. No portion of any lot shall be covered by structures and/or paved surfaces,
including walkways or patios of brick, stone, slate or similar materials than is allowed by stormwater
runoff rules adopted by the State of North Carolina, Onslow County, or any governmental entity and
this covenant may also be enforced by the State of North Carolina, Onslow County, or any of said
governmental entities.
Section 2. Underground Wiring and Street Lights. Declarant, or its successors or assigns,
reserves the right to subject the real property described herein to a contract with Jones-Onlsow EMC
for the installation of underground electric cables and/or the installation of street lighting, either or both
of which may require an initial payment and/or a continuing monthly payment to Jones-Onslow EMC
by the owner of each home.
Section 3. Any radio or television satellite receiving dish shall be located in the rear of or
attached to the dwelling on any lot and no closer than 30 feet to the property line. No dish shall
exceed 24 inches in diameter.
Section 4. Stormwater Management.
A. The following covenants in this section 4 are intended to ensure ongoing
compliance with State Stormwater Management Permit Number SW8 060122 as issued by the
Division of Water Quality under NCAC 2H.1000.
B. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
D. These covenants pertaining to stormwater listed in this Section 5 may not be altered
or rescinded without the consent of the State of North Carolina, Division of Water Quality.
E. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
F. The maximum built -upon area per lof is 6,546.9 square feet7This allotted amount
includes any built -upon area constructed within the loi,property boundaries and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built -upon area includes, but is
(g''re30 tnv(yr^i 1
Book: 2732 Page, 1977-Current: 283 Seq: 5
Page 3 of 3
j
not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and
parking areas, but does not include open wood decking or the water surface of swimming pools.
G. Swales shall not be filled in, piped, or altered except as necessary to provide
driveway crossings.
H. Filling in or piping any vegetative conveyances (ditches, swales, etc.) associated
with the development, except for average driveways crossings, is strictly prohibited by any persons.
I. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
J. All roof drains shall terminate at least 30' from the mean high water mark of surface
waters.
K. Built -upon area in excess of the permitted amount requires a state stormwater
management permit modification prior to construction.
L. All permitted runoff from outparcels or future development shall be directed into the
permitted stormwater control system. These connections to the stormwater control system shall be
performed in a manner that maintains the integrity and performance of the system as permitted.
M. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any persons.
N. This project proposes a curb outlet system. Each designated curb outlet swale or
100 foot long vegetated area shown on the approved plan must be maintained at a minimum of 100
foot long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry
the flow from a 10 year storm in a non -erosive manner and maintain a dense vegetated cover and be
located in either a dedicated common area or a recorded drainage easement.
O. In the event any lot is within CAMA's regulated Area of Environmental Concern
("AEC"), the built -upon area ("BUA") for that lot, as calculated by CAMA, is less than the amount
shown in these restrictions, the most restrictive BUA will be the maximum permitted limit for that lot.
Section 5. Except as provided in this Article VI, Section 4, the covenants and restrictions of
this Declaration, are subject to being altered, modified, cancelled or changed at any time as to said
subdivision as a whole or as to any subdivided lot or part thereof by written document executed by the
Declarant, for so long as the Declarant owns at least one (1) lot within this subdivision, without the
consent of any other lot owner. Except as provided in this Article VI, Section 4, at such time as the
Declarant no longer owns any lot in this subdivision, the covenants and restrictions set forth herein
may be altered, modified, cancelled or changed by written document executed by not less than
seventy-five percent (75.0%) of the lot owners in the subdivision.
Section 6. The covenants and restrictions of this Declaration shall run with and bind the land
and shall inure to the benefit of and be enforceable by the Declarant, or the owner of any land subject
to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of
twenty years from the date this Declaration is recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10) years each unless an instrument signed by
the then owners of seventy-five percent (75.0%) of the subdivided lots has been recorded, agreeing to
change said Covenants and Restrictions in whole or in part.
Section 7. Any notice required to be sent to any owner under the provision of this Declaration
shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the
person who appears as an owner on the records of the Declarant at the time of such mailing.
Section 8. Enforcement of these covenants and restrictions shall be by any proceeding at law
or in equity against any person or persons violating or attempting to violate any covenant or restriction,
either to restrain violation or to recover damages, and failure by the Declarant or any owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
Book: 2732 Page, 1977-Current: 283 Seq: 6
P.a I of 2
1, JI/N L. PIERCE, PROFESSIONAL LAND SURVEYOR NO. 23%, CERTIFY TO
MORTH CAROLINA.
ONE OR PEW OF THE FTAIOY/DG a INDICATED
L A NOTARY PUB
Fr✓A THAT THIS PLAY IS OF A SURVEY THAT CREAMS A SUSDIVISIDI
MAT JON L PE
LJ OF MIO VITIOI THE AREA OF A CIRRRY OR MUNICIPALITY THAT
�ARSD OEM
OF 11E FOREf O:N
HAS Al O INNA1¢ THAT REGAATES PARCELS OF LAND)
N Y
E THAT THIS PLAT IS OF A SURVEY THAT IS LOCATED IN SUCH
I] ' PORTION OF A CONTY Olt H NICOALITY THAT IS IIRErA ATED
AS TO AN OODNICE THAT REp TES PARCELS OF LAND,
g-
!
C. AMY ONE OF THE FDLLWPG
TAp
TI
1-NT THIS RANAT IS W EXISTING PARCEL OR PARCELS OF
- `
LAND AND DOES NET CREATE A REV STREET DR O WES AN
EXISTING STREET
2-TINT THIS PLAT IS OF AN EXISTING BUILDING OR OTTER
-
•
- STRUCTURE, Ot NITINAL FEATURE. SUCH AS A VATERCOLtSEI OR
p�
3-TINT THIS PLAT IS OF A CONTROL SURVEY.
"' . I
❑ D THAT THIS RAT IS OF A SURVEY OF MOTHER CATEFQNY,
SUCH AS TIE RECOODNTOR OF EXISTING PARCELS. A
COURT-0tRRED SURVEY OR OTTER EXCEPTION TO THE
DEFINITION OF SURDIVISIONI
E THISMTaOMS
❑ E. THAT THE DMADLE, HIS SIRVEYON IS SUCH
THAT I UNBLE� TO THE REST 6
MY PROFESS ISIDNS CONTAINED IN
(A) 1NROIOI (D; v•
° SEAL '
L2596 s'
\
AN L PIERCE. PROESS la 25%
_
tiN `�
\
A PORTION OF SAID PROPERTY IS LOCATED WITHIN THE 100-YEAR FLOOD
RAIN AS S1DVN ON FEMA MAP 3703a - 4440 J L 370340 - 44W J
\
WITH AN EFFECTIVE DATE OF NOVDOER 3. 2005. PROPERTY IS LOCATED
IN ZONE 'X- L ZONE 'AE' WITH A BASX ELEVATION OF 174'. ALSO A
\
POTION OF SAID PROPERTY IS LOCATED IN A ILmDVAY AREA AS SIDVM.
x
4lBACK&
FRONT - 2S
SIRE -C
REAR - 20'
Site: YARD STREET - 20,
LEGEND-
E.I.S. EXISTING -ROM STAKE
S.I.S. SET Oft STAKE
COI EXIST CONE. MONUENT
CIP EXISTING III PIPE
PULL • IOOLN BUILDING LINE
DA UE • DRAINAGE L UTILITY EASEMENT
Ct • co CODER
S.T. • W.70' SIGHT TRIVICAE
® • STREET ADDRESS
ONSLON COWTY
NTT AND STATE AFORESAID. QNALL
G i RINDS MCAU6TER
>s d Dg225T. PA5,4
SIGNAL RAND SRVEYOR. PERSONALLY
PE
i TRACT K
AND ACKNONFDR.0 THE EX�ECNDN
\ Cs (ZONED RA)
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STAMP OR SEAL L THIS PAY OF
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NOT YNOT Y PB�C
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V4O` OEODDER 2L 2008,
GLORIA Y. YURRFIL
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KAM E MOTTON. A. A
YAE AND OTERS
DU.374, P.352
(ZONED Ali)
Still)TVISION MIA
TOTAL AREA - 3156 AC 41,366.06e94 SOFT.)
AREA IN PARK/PUBLIC IRE - 23B AC 003,B0320 WT.)
AREA IN PUBLIC R/V - 6.41 ACRES
NlaEn OF LOTS - 51
AVERAGE LOT SIZE - 044 AC)
SMALLEST LOT- LOT W (033 ACRESN15A51.42 WU
LAROEST LOT - LOT 37 (096 ACNESN37,S23.39 SQrT.)
I" MAP L PARCEL NUMBER - MAP OW PARCEL 015
PN )LXRFR - 445001056477
SHIRLEY M. LONG N "
MIT756. P.62
(ZONED RA)
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REAM E. NORTON. JR, £
MEE AND OTTERS
0.8.374. P.352
(ZONED TITS)
x 62-1]10_W 3Y0.25V --
ram—----30— ---------
\ \
\ ROCK CREEK, SECTION W
P.215, SL1-356
M'I
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RE(RSIO 0 0 S
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
PROPOSED VISION ROAD
CONSTR1IpTOECERTNC.AIIOM
1lll//LN//477. �
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9
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L.TO 41M
Y, JON L PIERCE CERTIFY THAT THIS PLAT WAS MAXIM UNDO- MY
AIPEIRViSW FROM AN ACTUAL "VEY YME LNDER MY SUPERVISION
((0® DESCMPTOM RECORDED, N BOOM] PACE LL. ETC)
(OTHER)'. THAT TIE BOUDAIES NOT SURVEYED ARE CLEARLY
INDICATED AS DRAW FROM INFORMATION FOUND N BOOK-".
P frL1; TT TRATIO OF PRECISION AS CALOAAIFD IS
1: J$q@!' FIAT MIS RAT WAS PREPARED IN ACCORDANCE WTI
CN.S.A.Y4��J, M� AS AMENDED. MIMESIS M] ORMAL SGYNATFIE,
l�,TT-"riMWaO AND SEAL T15 ji DAY
�cl
sE4E OR'iTb,IFi Qdnr
SE•I( '
.'C,t ^�
UtDISRE NWBEW
FINAL PLAT
ROCK CREEK, SECTION IX
RICHLANDS TOWNSHIP, ONSLOW COUNTY, NC
PREPARED BY
JOHN L PIERCE AE ASSOCIATES P.A.
409 JOHNSON BLVD. JACKSONVILLE, NC 28540
PHONE: 910-346-9800 DATE:AUGUST 11, 20DS
SCALE: 1•- 100' F.B. 300. PG. 18
JOB #249619 FILE NAME: ROCK CREEK IX
GRAPHIC SCALE
MX X N MA
(OnzrI
SKEET 1 OF 3 I ',e . too R
Book: 51 Page, 1977Current: 174 Seq: 1
r vvp•z mz
6
1. JOHN L PIERCE. CENT
11 -E W L
PmEE, PROFESSIONAL LAND SIRVEYON NO. 23%, CERTIFY TO
wPE AROY AM I
ONE OR NORE O THE FRLDVDIG AS INDICATED
OESO✓FROM AEA
DEED DESCSIONRIPTION
J
A
TINT Fes PLAT IS OF A SURVEY THAT (HATES A SUBDIVISION
`oMEA} AS D THE BD
INDICATED A- THAYN rR
ILJ
OF LIPID VITIOI THE AREA O" A COWRY O1 MUNICIPALITY THAT
A' IIUT ME
HAS AN OODW THAT REGULATES PARCELS O LMNDR
1: THAT THIS
e.
G.S. 4
❑&
THAT THIS PLAT IS ON A SURVEY THAT IS LOCATED M SUCH
OR MUNICIPALITY THAT IS UNREGULATED
D
PORTION OF A COUNTY
AS TO AN ORDINANCE THAT REGULATES PARCELS O LANDN
-�,tcr41'.-+.r _..Y
9FJE:
❑ C.
ANY THE OFTHE FRDD, LOV
W
1-TINT THIS PLAT IS OF AN EXISTDD PARCEL OR PARCELS Q
LAND AND DOES NOT CREAM A NEW STREET OR CHANGE AN
-
EXISTING STREETI
2-TINT THIS PUT IS OF AN EXISTMG BUU.DIW OR OTHER
SYAUCTUE, OR MIATNRAL FEATURE, SUCH AS A WATERCOURSE, OR
.. .
3-THNT THIS RAT IS OF A CONTRR SURVEY.
❑ 0. THAT THIS RAT IS OF A SURVEY O MOTHER CATEGORY,
SUCH AS THE RECOODIATION OF RISTMG PARCELS, A
COUNT-00ETED SURVEY OR OTHER EXCEPTION TO THE
DEFINITION OF SUBDIVISIONI
❑ E. THAI I AN AMBLE R THIS N TO THE IS SUCH
TINT 1 AN A DETERMINATION THIS STD THE REST O
NU PR6E AS TO PROVISIONS CONTAINED IN \
o \
JON L PIERCE, PROF YUR NO. 25% \
`HIND W .
A P01TON OF SAID LEIAIED WITHIN THE IDD-YEAR FLOOD
PLUM AS SIDVN ON FEl4l" 4440 J L 37M40 - 44M J \
WIN AN EFFECTIVE DATE OF R 3, ZOOS. PROPERTY IS LOCATED
M HOE ' - A MINE -AE' VITH A BASE ELEVATION ON 174'. ALSO A
PORTION OF SAID PROPERTY IS LOCATED M A ROODWAY AREA AS SHDVN. E
\ h°/
\ G i IIIIfT15 YCAWSIE:t
7 A TRACT
TRACT x ^
(ZONED Rn) /
/
/
r � an.m
(alas LOrI.> I
EGEND
E.M EUSTDD IRON STAKE
SJS - SET DON STAKE
ECH •EXIST CONE. MONUMENT
ETP ExISTtNG PION PIE
NULL - HINUM RRLDDB LIE
DA M. - DRADPAE L UTILITY EASEMENT
S.T. - 10'x]0' STUD TRIANGLE
® - STREET ADDRESS
CE. CONTROL CODER
N
\ 5 63ZWW E I 5
\ O W Ned
� �fIr,INAz 4'PL\\ Gi
♦1M 70
m
J
MAT THIS PUT WAS DRAWN UNDER MY
L STRYEY Y�A UHOER JOY_ RIPCNMSCN
I N BOOK . VAOE Si .A pFEEL.)
FORMATIION FUND BOOK ARE
0 OF MISSION AS CALCULATED IS
f WAS PREPARED N ACCORDANCE WIN
iTNESS YY ORIGINAL TURE,
THIS -.2L DAY CI`-
SUAWYOR�
YARD( WAYNE DIAL
D.B.370, P.510 -
/ yy
/ o�'P F I NEY MaT
� I
a ae A(Q
I &7-%) I' (ssavle pon.,
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I 1
fyA pMd• \`
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)PYt7rKa sWR
r f flTH n"f
IY WIDE DRANON
NAM E LDRTON. A.
WEE AND OTHERS
D.&374. P.352
(ZONED R13)
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
PROPOSED SUBDIMSION ROAD
OONSTRUC �YD�.SCERTIRCATION
( *A&
D CEO&
Ply \ ' o3°°N. zieT
.G
\ \ _
's ZONE X
r®® .a*WF,
KAM E. MKII A. Ar
WE AND OTHERS
DA374, P.M2
(ZONED R15)
"DIVISION DATA
TOTAL AREA - 31.56 AC 0.36 ^&94 SOFT.)
AREA M PAPK/PURLIC USE - 2.3a AC (103J(132 SOFT.)
AREA M PUBLIC R/V - 641 ACRES
NUOER OF LOTS - 51
AVERAGE LOT SIZE - 0.44 AC)
SMALLEST LOT- LOT 12 (&35 ACRESX15,e51.42 SORT.)
LARGEST LOT - LOT 37 f&B6 AOESX37,525." NFL)
TAN NAP L PARCEL NNBER - IMP R55 PARCEL 015
PM KNRR - 44500IM477
NAM E. YDRTON, A. A
WEE AND OTHERS
0.8.374. P,352
(zONEO M5)
12' WIDE BRANCH
WORTON F~L INC.
WRp�
Sol CIDAIT SIX),
)
A
VICINITY YAP - NOT TO SCALE
REGISTER OF DEEDS
FINAL PLAT
SHoNNO
ROCK CREEK. SECTION IX
RICHLANDS TOWNSHIP, ONSLOW COUNTY, NC
PREPARED BY
JOHN L. PIERCE & ASSOCIATES, P.A.
409 JOHNSON BLVD. JACKSONVILIE. NC 28540
PHONE: 910-346-9800 DATE:A000ST 11. 2006
SCALE: 1'- 100' F.B. 300, PG. 18
JOB 0249619 FILE NAME: ROCK CREEK IX
GRAPHIC SCALE
SHEET 2 a 3 ( IN I= )
1 inch - 100 It.
Book: 51 Page, 1977.Current: 174 Seq: 2