20061762 Ver 1_More Info Received_20070825

DIAL CORDY
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17 August 2007
Dave Timpy
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Ave.
Wilmington, NC 28403
Re: Ruffins River Landing (Corps Action ID 2006-4 1 5 1 6-0 1 0/LAMA Major PcCmlt
104-07/NCDWQ Project # 061762)
Dear Mr. Timpy:
As required by conditions in the above referenced permits for the Ruftins River
Landing subdivision, I am submitting copies of the restrictive covenants and recorded
survey plat for the 13-acre wetland conservation area. Please call me if you --cquirc and
additional information.
Sincerely,
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~,
Rahlff Ingle
Enclosures: Recorded Wetland Conservation Plat
Restrictive Covenants
cc: Cyndi Karoly (N.C. Division of Water Quality)
Rich Weaver (N.C. Division of Coastal Manage-nent)
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,~,` " JUN-08-2007 FRI 12 13 PM
FAX N0. P, 02
FIRST A~;NDMENT TO RESTRICTIVE COVENANTS
SOR
RIIFFIN'S RIVER LANDING SUBDIVISION
This first amendment to restrictive covenants for Ruffin's
River Landing Subdivision is m,~de and executed on Jane,
20C~, by ^_'he W. R. Brown, Sr. _amily, LLC, a North Carolina
Limi~ed Liability Company {"Th? Declarant"};
W I T N E S S E T H
WHEREAS, the undersigned ~~eclared a Declaration of
Covenants, Conditions, Restrictions and Easements for Ruffi.^.'s
River Landing Subdivision dated 26 September 2006 as recorded in
Deed Book 2478, Page 110 of thf~ Brunswick County Registry
pertaining to the property the_ein described ("The Declaration");
WriEREAS, Article X, Section Three to the Declaration allows
Declarant to amend the Declaration {"so long as the amendment has
no material adverse effect upoi: the substantive rights of any
other owner. No amendment required by any go~rernmental
authority, or to correct obvioia typographical or drafting errors
or inconsistencies, shall be deemed material");
WHEREAS, it is reasonable and necessary to amend the
Declaration to correct the sto:-mwater project number and to add
a provision thereto concerning stormwater management as required
by gcvernmental authority:
NOW, THEREFpRE in canside:anon of the premises, the
Declarant does hereby adopt the *_"ollowing amendments to the
Declaration:

JUN-OE-2007 FRI 12 13 PM FAX N0. P. 03
Z. Article I ("Definitions and General Provisions") Section
1 (q) is hereby amended to correct the development name.
(q) "Declaration" s'rall mean this Declaration of Covenants,
Cond;tions, Restrictions and Easements for Ruffin's River
Land±ng, and all amendments hereto and supplemental declarations
made in accordance with the provisions hereof and recorded ir. t:~e
Erunswick County Registry.
2. Article I ("Definitions and General Provisions, Section
5. Permit Requirements") is hereby amended to correct the
Stormwater Management Permit number as follows:
Section 5. Permit Requirements. The Development and the
use thereof are subject to ail applicable permits and approvals,
including without limitations Stormwater Management Permit No.
SW8 060325, as renewed or modified from time to time, and all
applicable laws, ordinances, riles, regulations and other
governmental requirements.
3. Article I ("Definitions and General Provisions") is
hereby amended to add a new Section 6, Entitled
"Conservation/Wetland Areas.
Section 5. Cons®rvation/Wetland Areas: The areas shown on
the recorded plat of the Development as more fully described in
the subdivision plat of Ruffin's River Landing dated 24 June
2005, prepared by Martin R. Stoughton, PLS, duly recorded in h9ap
Cabinet 36, Pages 15-19 of the Brunswick County Registry as
Conservation/Wetland areas shall be maintained in perpetuity in
their natural or mitigated condition. No person or entity shall
per=orm any of the following activities on such conservation./wet-
land areas:
a. fill, grade, excavate or perform any other land
disturbing activities,
b. cut, mow, burn, remova or harm any vegetation,
c. construct or place any roads, trails, walkways,
buildings, mobile homas, 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 agriculture or
horticultural purpose
This covenant is intended to ensure continued compliance
wi;.h the mitigation condition ,~f a Clean Water Act authorization
issued by the United States o` America, U. S. Army Corps of
:ngineers, Wilmington District, Action TD, and therefore may be

JUN-08-2007 FRI 12:14 PM FAX N0. P, 04
enforced by the United States of America. This covenant is to
rur. with the land, and shall t>e binding on the Owner, and all
parties claiming under it.
4. Article IX ("Storiaxater Regulations") is hereby amended
to correct the stormwater management permit number in the
preamble of said article as fc-l lows:
The following covenants ~~re intended to ensure ongoing
compliance with State Stormwater Management Permit Number
SW8 060325 as issued by the Division of Water Quality under
NCAC 2H.1000.
5. Article IX("Stormxater Regulations") is hereby further
amended to add the following E'ection 10 thereto:
Section 10. Each design€:ted curb outlet swale or 100'
vegetated area shown on the a~,proved plan must be maintained at a
minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter,
have a longitudinal slope no ~.teeper than 5a, carry the flow frcm
a 10 year storm ir. a non-erosive manner, maintain. a dense
vegetated cover, and be located in either a dedicated common area
or a recorded drainage easement.
As hereby amended by this- first amendment, the Declaration
of Covenants, Conditions, Restrictions and Easements for Ruffin's
River Landing Subdivision is Y~ereby fully ratified and confirmed.
IN WITNESS WHEREOF, Declarant has caused this instrument to
be executed as of the day and year first above written_
TaE ~. R. BROWN, SR., FAMILY, IS,C
$Y~
Willisou R. Broxa, Jr.
member/Manager
By:
Gerald L. Broom
Dleuaber/Manager

' "JUN-08-2007 FRI 12 14 PM
STATE OF NORTH CAROLYNA
COUNTY OF BRUNSWICK
FRX N0, P, 05
I certify that the following persons personally appeared
before me this day and acknow_edged to me that they voluntarily
signed the foregoing document for the purposes stated therein and
in the capacity indicated: WILLIAM R. BROWN, JR. and ~_FtAT~ L.
BROWN, as Member/Manag®rs a~ THE W. R. BROWN, 3R. FAMILY, LLC, a
North Carolina Limited Liability Company, as and for the act of
the Company.
Date:
(Not~:ry's Signature)
Notary's Printed or Typed Name:
My Commission Expires:
Official Seal