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HomeMy WebLinkAbout20070958 Ver 1_More Info Received_20070730MORRIS LANDING Revised 7/19/07 Office Use Only: USACE Action ID No. DWQ No. _ (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing °?-0 9~a 1. Check all of the approval(s) requested for this project: Section 404 Permit Riparian or Watershed Buffer Rules Section 10 Permit Isolated Wetland Permit from DWQ 401 Water Quality Certification Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information . 1. Owner/Applicant Information ~ -- ~~ , ~,~;; Name: Deuce Investments, LLC Mailing Address: Post Office Box 595 "~ Selma, NC 27577 Telephone Number: 919-934-0118 Fax Number: 910-270-8619 E-mail Address: Ljones@southwnd.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: David E. Meyer Company Affiliation: Protocol Sampling Service, Inc. Mailing Address: P.O. Box 31133 Raleigh, NC 27622 Telephone Number: 919-210-6547 Fax Number: 919-510-5901 E-mail Address: Protocolsamplin~(cr~,yahoo.com Form Version March OS Page 5 of 12 Page 6 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Morris Landing 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 424704603235 4. Location County: Onslow Nearest Town: Holly Ridge Subdivision name (include phase/lot number): Morris Landing Directions to site (include road numbers/names, landmarks, etc.): U.S. Hwy. 17 North through Holly Ridge to Folkstone Rd. (NCSR 1532) East. Property is approximately 1000 feet on left. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 34-28-57.04 °N 77-31-4.89 °W 6. Property size (acres): 146.8 Acre 7. Name of nearest receiving body of water: Turkey Creek 8. River Basin: Intracoastal Waterway (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: selectively thinned for timber production, dirt road access, surrounded by residential development. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Residential development which will require road grading, utility installation, and home site development. All utilities will be installed within the road rights of way. 11. Explain the purpose of the proposed work: To build residential subdivision. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. New Project - No history. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No. All anticipated work has been accounted for in this plan. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Roadway crossings (3). Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Table Revicerl .Tnly 19. x.(1(17 Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) A Road Gradin fill forested no No stream .051 B Ad'acent .213 C Ad'acent .019 Total Wetland Im act acres 0.283 3. List the total acreage (estimated) of all existing wetlands on the property: 54.19 Acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Stream Name Type of Perennial or Average Impact Area of Number Impact Intermittent? Stream Width Length Impact (indicate on Before Impact (linear feet) (acres) map) Table Revice~l Tnly 19 ~.f1f17 B Unnamed Culvert Pipe Perennial 3' S0 .008 Trib. Unnamed Culvert Pipe Perennial 3' S0 .008 C Trib. Total Stream Im act b len th and acrea e 100 .0016 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. None Open Water Impact Name of Waterbody Type of Impact Type of Waterbody Area of Site Number (if applicable) (lake, pond, estuary, Impact (indicate on map) sound, bay, (acres) ocean, etc.) Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): Table Revicerl .Tnly 19 x.(1(17 0.0016 Wetland Impact (acres): 0.283 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.299 Total Stream Impact (linear feet): 100 7. Isolated Waters Do any isolated waters exist on the property? X Yes No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 0.016 acres of isolated waters will be impacted by road crossings. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): uplands stream wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stonmwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. All access roads have been designed to avoid wetland areas to the greatest extent possible. All crossings are needed to access residential lots. Page 9 of 12 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 1501inear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 T,i~t Revi~e~l .Tnly 5_ ~.t)n7 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No X 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba)15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact s uare feet Multiplier Required Mitigation 1 3 2 for Catawba 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. 4.57 acres (3.1%~project is impervious surface. Storm water will run along vegetated swales which will remove a majority of the organic load before entering streams. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. All homes will be served by an on-site collection system, transferred to a WWTP and retained in dedicated retention op nds• XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes No Is this anafter-the-fact permit application? Yes No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Ot6er Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). G{.~Z-r July 18, 2007_ v v U Date Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 r em ~'~1 a ~11~~I1~ PROGRAM July 24, 2007 Linwood Jones Deuce Investments PO Box 95 Selma, NC 27576 Project: Morrls Landing County: Onslow ~ 7-0 958 The purpose of this loiter is to notify you that the North Carolina Ecosystem Bnhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. ff we have not received a copy of We issued 404 Permit/402 CertificatiodCAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the pernuts to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation ere summarized in the following table. White Oak 03030001 Stream (feet) Wetlands (acres) Buffer I (Sq. Ft_) Buffer II (Sq. Ft.) Cold Cool Wane Ri avian Non-Ri avian Coastal Marsh Impacts 0 0 100 0 0.283 0 0 0 Credits 0 0 200 0 0.566 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require nutigation credits greater than indicated above, and the applicant wants NCF.EP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, t 998. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Brad Shaver. USACE-Wilmington Joanne Steenhuis, NCDWQ- Wilmington Rob Nelson, agent File R~sto~ut~... ~ ... Pro~~ctz'~c9 Dur .ttat~ North Carolina Ecosystem Enhancement Program, 1652 Maa Service Center, Raleigh, NC 27699-1652 / 919-715-0478 / www.nceep.net 19.56 +/- 3 24.80 27.30 24.80 18.96 +/- EXISTING 1~ ~ EXISTING BOTTOM BOTTOM 48" ~ RCP ©1 ~ GRADE ;,•t INV. = 19.28 (W) INV. = 18.68' (S) 59.43 - 9 CU. YD. T.L. FES RIP-RAP (BOTH ENDS) © DOWNSTREAM END WETLAND C CROSSING DETAIL (PROPOSED) NOT TO SCALE 1, certify that this plat was drawn under my supervision from an actual survey made under my supervision or deed description recorded in Book Po9e that the boundaries not surveyed are shown as broken lines plotted from information found in Book .page that the error of closure as cal. by lat. and dep. Is 1: Witness my original signature, registration number and seal this day of ,A.D. 20_ LAND SURVEYOR Re9• M sCwLE SURVEY FOR: MORRIS LANDING STUMP SOUND ~ TOWNSHIP SOUTHWIND E ONSLOW SURVEYING•ENGINEERING LAND DEVEIAPMENT COUNTY 14888 HWY 17N HAMPSTEAD N.C. 28443 N C+ 91o-z7aa617 FA7~ 910-270-8619( STATE p 07-18-07 DRAWING NO. HOrJ-JO4'I ~. OOL /BASK TBALL' TOT LO 56,335 sq. ft. `' 1 1 I I ~ " i 1/ -" IL--- j i.' 1 E +,~.. WETLAND CROSSING B LENOX DR. NOT TO SCALE 19.41 +/- EXISTING BOTTOM INV. = 19.07 (NW) 28.76 31.26 28.76 1(3 48" ~ RCP ®1 ~ GRADE 18.78 +/- EXISTING - BOTTOM INV. = 18.44' (SE) 68.25 T.L. FES (BOTH ENDS) 9 CU. YD. RIP-RAP ~ DOWNSTREAM END WETLAND B CROSSING DETAIL (PROPOSED) NOT TO SCALE SURVEY FOR: certify that this plat was drawn under my supervision from an actual survey made under my supervision or deed description recorded in Book - Po9e that the boundories not surveyed ore shown as broken lines plotted from information found in Book _ -page ;that the error of closure as cal. by lat. and dep. is 1: witness my original signature, registration number and seal this day of .A.D. 20_ LAND SURVEYOR MORRIS LANDING STUMP SOUND /~ SOUTHWIND TOWNSHIP ~ SURVEYING•ENGINEERING ONSLOW LAND DEVELOPMENT 14888 HWY 17N COUNTY HAMPSTEAD N.C. 28443 N r+ 910-27x8617 STATE l~ S 910-270-8619 (FA?I) SCALE 07-~ Q-O~ DRAWING NO. HO5-5O4~ Reg. # ~; WETLAND CROSSING A WESCOTT PLACE NOT TO SCALE - EXISTING BOTTOM 18" ~ RCP C~? 1 INV. = 25.24 (NW) 57.29 3 CU. YD. T.L. RIP-RAP C~ DOWNSTREAM END 32.75 32.96 32.75 3 ~ 25.57 +/- 1 ~ 3-` ~~, ~~ WETLAND A CROSSING DETAIL (PROPOSED) 25.57 +/- EXISTING BOTTOM INV. = 24.72 (SE) FES I (BOTH ENDS) NOT TO SCALE SURVEY FOR: I, certify that this plot was drawn under my supervision from an actual survey made under my supervision or deed- description recorded in Book -Page that the boundaries not surveyed are shown as broken lines plotted from information found in Book -page that the error of closure os col. by lat. and dep. is 1: Witness my original signature, registration number and seal this day of ,A.D. 20 LAND SURVEYOR Reg. ~ SCALE MORRIS LANDING '~° ~ l J EYING • ENGINEERING +1VD DEVELOPMENT 14888 HWY 17N HAMPSTEAD N.C. 28443 910-270-8617 910-270-8619(QFAl~ 07-18-07 STUMP SOUND TOWNSHIP _E ONSLOW COUNTY NC STATE DRAWING NO. H 05- 5041 The areas shown on the recorded plant as shown on the map entitled "Morris Landing" recorded in Map Book _ at page _ as conservation areas 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, burn, remove, or ham 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 otherwise disrupt or alter the hydrology or drainage ways of the conservation area; e. dump or store soil, trash, or other waste; f. graze or water animals, or use for any agricultural or horticultural purpose. This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, U. S. Army Corps of Engineers, Wilmington District, Acfion ID, 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 Owner, and all parties claiming under it. ARTICLE VII WATER & SEWER SERVICES Section 1. Water & Sewer Service. All lot owners shall be required to use water supplied by the companies servicing the Properties for all household uses. An on-site sewer treatment facility is to be owned and operated by a private company or municipality such as Onslow County. ARTICLE VIII 0 7` 0 9 5 8 ANNEXATION OF ADDITIONAL PROPERTIES Section 1. Annexation of additional property shall require the assent two-thirds (2/3) of the members at a meeting duly called for these purposes, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. Section 2. The Declarant, without the consent of or notice to indiz°idual lot L::'n~rs, Ma- annex additional properties, which are ad~accnt to PY~ase 1 of ~~Iorris Landing. ARTICLE IX tiENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at a law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Court may award attorney's fees, plus any costs, to the prevailing party in any subsequent civil action. Any action filed to enforce these covenants shall be filed in the District or Superior Court of Onslow County, North Carolina. In no event shall Declarant be responsible for enforcing these covenants after a period of twelve (12) months has elapsed since Declarant's conveyance of the last Lot. Section 2. Severability. 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. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive period of ten (10) years each. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety (90) percent of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five (75) percent of the Lot Owners. Any amendment must be recorded. Provided however, the conservation area provisions of Article VI.16 cannot be amended without the express written consent of the U. S. Corps of Engineers, Wilmington District. SETBACKS: \ FRONT - 25' SIDE - 12' REAR - 35' 39 2691 s AREA BY COORDINATE METHOD PRELIMINARY PLAT FOR REVIEW ONLY LOT 39 2-STORY STRUCTURE 50 25 ~ 50 100 GRAPHIC SCALE o~ P ?~~' Z~ SIZE ~ / ~ DR~ 25 g3 1~°SE~ ~ 5g BP ?5. 4° 0° ~ / VICINITY MAP NOT TO SCA~ r. ~~ REFERENCE: LOT 39 MORRIS LANDING PRELIMINARY SITE PLAN FOR MORRIS LANDING N STUMP SOUND TOWNSHIP SOUTHWIND W SURVEYING•ENGINEERING E ONSLOW ~ LAND DEVELOPMENT 14888 HWY 17N COUNTY HAMPSTEAD N.C. 28443 N C 910-270-8617 S 910-270-8619 (FAX) STATE SCALE DATE DRAWING NO. 1" = 50' 07-18-07 H05-5041 .y o~ e \ act 47 ~~ S~~ 25623 sf • ~5~. VICINITY MAP NOT TO SCALE SETBACKS: ' FRONT - 25' SIDE - 12' REAR - 35' PICNIC AREA OqR p ~ ki' 1W 110 1 ~~ ~• o^hP~ ^.~ 46 . 2.4537, sf 9 45 22500 sf 44 ~ ~.~nn ~f REFERENCE: LOT 46 MORRIS LANDING AREA BY COORDINATE METHOD PRELIMINARY PLAT FOR REVIEW ONLY LOT 46 2-STORY STRUCTURE 50 25 ~ 50 100 GRAPHIC SCALE PRELIMINARY SITE PLAN FOR MORRIS LANDING N STUMP SOUND ~ TOWNSHIP SOUTHWIND W E _ _ gn SURVEYING•F,NGINEERING ONSLOW LAND DEVELOPMENT 14888 HWY 17N COUNTY HAMPSTEAD N.C. 28443 N C 910-270-8617 S 910-270-8619 (FAX) STATE SCALE DATE DRAWING NO. 1" = 50' 07-18-07 H05-5041 '~ °~ ~- / °~ ~~ SETBACKS: ~`~ FRONT - 25' s"E r° SIDE - 12' '~'s ~ ~~ REAR - 35' ~~ / ~~'tic `' R~'90 ~ PG°PyP ~~ O 2~P VICINITY MAP NOT TO SCAL~ sf O ~ 16~ ~ 18425 ~ ~ A ORROA 6F' h~ ~ A ~ ~ ~' ti ry°~ 4S ~o ~ss3 °° 16 8 $O y OO ~%~ ry 0 ISO.\q ',. ~~ 18425 ° 3SOO ti~ X69 ~~ 25805 sf 129 13.0 16290 sf 16470 sf 131 17813 .°,_ ., - REFERENCE: -' '' ~ LOT 169 J` e~<= ~` MORRIS LANDING AREA BY COORDINATE METHOD PREI-IMINARY SITE PLAN FOR PRELIMINARY PLAT ~~" MORRIS L A N D I N G FOR REVIEW ONLY N LOT 169 STUMP SOUND 2-STORY STRUCTURE /~ SOUTHWIND TOWNSHIP W ® SURVEYING•ENGINEERING E ONSLOW LAND DEVELOPMENT 14888 HWY ]7N COUNTY 5~ 25 ~ 5~ I~~ HAMPSTEADN.C.28443 910-270-8617 N C S 910-270-8619 (FAX) STATE GRAPHIC SCALE SCALE DATE DRAWING NO. 1" = 50' 07-18-07 H05-5041