20040213 Ver 1_COMPLETE FILE_20040212

Mitigation plan
Jennifer Fyre
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
REF: Wyndham Hills Section III
Off Hines Farm Road
Jacksonville, North Carolina
Onslow County
WETLANDS/ 401 GROUP
FEB 1 2 2004
WATER QUALITY SECTION
In the construction of this subdivision 0.19 acres of 404 wetland will be disturbed
for roads and driveway crossings:
s mitigation plan is to create a east 0.20 acres of 404 wetlands on the
northern p as mown on attached map.
1) The existing soil will be removed to a elevation of the adjacent 409 wetlands.
2) The newly created wetlands will be vegetative with grasses, shrubs and trees
of typical species as the adjacent 404 wetlands
a. Grasses --- orchard grass - winter rye grass
b. Shrubs/trees, rate 436 per acre, 10 X 10 grid planting riverbirch,
winterberry, wax myrtle.
3) Exposed transition slope will be vegetated with permanent grasses and
shrubs.
4) Inspection will be performed to ensure live species in newly created wetlands.
5) Newly created wetlands will be monitored on a yearly basis.
6) Restrictive covenants to be recorded as required, see attached copy prepared
by Coxe Legal Clinic, Jacksonville, NC.
R D. Taylor.
Country Club Blvd
Jacksonville, NC 28540
[phone]
Office Use Only: Form Version May 2002
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
Check all of the approval(s) requested for this prMc t:
x? Section 404 Permit Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: x?DWQ Ra 1 e i gh , N . C .
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ? N/A
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: ? N/A
II. Applicant Information
1. Owner/Applicant Information
Name: Roger D. Taylor
Mailing Address: 218 Country Club Blvd.
larkcnnvilla N r 2RS4n
Telephone Number: 910 324-5429 Fax Number: N/A
E-mail Address: N/A
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: Owner
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
poop G of 1?
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 l l 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: Wyndham Hills Subdivision Sect.III
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 453802676234
4. Location
County: Onslow Nearest Town: Jacksonville
Subdivision name (include phase/lot number): Wyndham Hills Sect. I I I
Directions to site (include road numbers, landmarks, etc.): Proceed West from Jacksonv i 11 e
on Hwy. 24 & 258 turn right on Hines Farm Rd. and proceed North to subdivision
on right
5. Site coordinates, if available (UTM or Lat/Long): N 34° 48' 13" / W 77° 28' 42"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 62.04 acres
7. Nearest body of water (stream/river/sound/ocean/lake):
New River
8. River Basin: White Oak River Basin
(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: Timber cutover uplands and forested swamp wetlands
on site_ Neighborhood is real suburban transition detached single family
residential,rental parks and farms
pa"'. F of 11
10, Describe the overall project in detail, including the type of equipment to be used: Construct
streets and driveways to serve 17 lot subdivision for detached single family
homes. Dozers, graders , excavo ors an ac oes an other equipment tor tTe
construction of payed streets.
11. Explain the purpose of the proposed work: Establish last phase of subdivision
for retail sales.
M 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.
N/A
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.
The last remnent of tract with no additional developement proposed.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
Panp 7 of 17
Provide a wntt n description of the proposed impacts: Culvert and embankment
Instullat' n for 2 street crossings of narrow wetlands seep valeys
and 4 Ofveway crossings to serve 7 lots
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
1 see # 1 above 171sf No 270' timbered upland se
2 1258sf No 630' "
I SU.-;f No 260,
4 1543sf No 130' "
1019-,f Nn _?201
6 2811qf Nn 330'
• List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-%16, or
online at http://www.fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 30 acres +
Total area of wetland impact proposed: 8,416 tf (0_19 Ar re )
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leases pecify)
N/A
N/A
N/ A
N/A
N/A
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usQs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni,
wNvw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: -0-
Pane R of 17
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* ja a of
act
res Name of Waterbody

app licable)
(if Type of Waterbody
(lake, pond, estuary, sound,
ba ocean etc.
N/A
N/A
N/A
N

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NJA
Size of watershed draining to pond: N/A 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.
site iC a series of upland hammocks seoerated by wetland seeps along a terrace
ahnv? New River floodplain, Culvert crossing required to access high ground
hi,ilding sitPS for detached single family residences, road located to mimimize
loss from Jot lines located to mimimize driveway crossings as shown on map.
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 150 linear feet of total impacts to perennial
streams.
Pa RP 0 of 17
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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/ncwetiands/stnngide.htrni.
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.
Proposed lot yield reduced to avoid and mimimize wetlands impact, deed
rPCtrirtinnc will limit to dPt.ArhPd sinale familv residental.deed restriction
rpgt.rirtinn to limit, any future fill of any wetlands located on any of the
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at hqp://h2o.enr.state.nc.us/wW/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): NZ A
Amount of Riparian wetland mitigation requested (acres)-N 1A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
130 0'. 1 n of 1?
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) land?
Yes ? No ?
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 [phone] to review current thresholds for environmental documentation.
Yes ? No x?
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 ? N/A
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Suppl Buffer Requirements), or other (please identify )?
Yes H No x? If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 N/A 3
2 N/A 1.5
Total
' Zone I extends out 30 feet perpendicular from near bank of channel; "Lone 2 extends an
additional 20 feet from the edge of Zone 1.
Pane 11 of 11
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservatian or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or.0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
No impervious areas now, proposed to be less than 25% and is uniformly spread
arrQSS liplcLdS,_Qualifies for lnw Pncity nntinn eiihmittal mAdp
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.
One stie septic tank system on each lot
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No F&I
Is this an after-the-fact permit application?
Yes ? No
XIV. Other 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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
PA(7P 0 nP 17
ti
WETLANDS / 401 GROUP
FEg Z 2, 2004
WATER QUALITY SECTION
Prepared by: L. Robert Coxe, III, Attorney at Law
NORTH CAROLINA
ONSLOW COUNTY COVENANTS
THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made
this day of January, 2004, by ROGER D. TAYLOR and wife, FRANCES N. TAYLOR,
of the State of North Carolina, hereinafter called "Declarant" to WYNDHAM HILLS, SECTION
III.
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; 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 as 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 of as land contract vendee, and shall not mean or refer to a mortgage.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Being all of WYNDHAM HILLS, SECTION III, as per map recorded in Map Book
Page , Slide , Onslow County Registry, reference to which map is hereby
made for a fuller and more exact description.
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 a one-family dwelling and private garages or out buildings incidental
thereto, to include metal carports, mobile homes, double wide, modular or manufactured homes
on permanent foundations are allowed provided they are not older than one (1) year when placed
on the property and are placed on a permanent foundation. Further, all homes of that type shall
have a foundational skirting of brick completely surrounding and enclosing its underpinnings.
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 must have a minimum enclosed living area of 1,100 square feet, however a
10% variance is allowed, exclusive of open porches or attached garages. 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 or nearer to an interior lot line
than eight (8) feet or nearer a rear lot line than ten (10) feet. For the purposes of this covenant,
eaves, steps and open porches shall not be part of a building, provided, however, that this shall
not be construed to permit any portion of a building of a lot to encroach upon another lot. An
error of not more than ten (10) percent in the location of a building on the lot with respect to the
minimum building lines and side and rear setback lines shall not be considered a violation of this
covenant.
No sign or any kind of advertising device shall be displayed to the public view on any lot
except one sign of not more than one (1) square foot 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 or upon any lot, not
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 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. The restrictions in the preceding sentence shall not
apply to owners whose property is in excess of one acre and the animal in question is a horse or
horses to be kept for personal use.
Trash, garbage or any other waste material shall be kept in sanitary containers.
Equipment for the storage or disposal of such material shall be kept in a clean and sanitary
condition. All fuel tanks shall be underground or adequately concealed. 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. Easements are reserved unto the Declarant for the purpose of conveying
to public utility companies the necessary easements for utilities along the front, side, and rear
lines of all lots in the subdivision for the construction and perpetual maintenance of conduits,
poles, wires, and fixtures of electric lights, telephones and other public and quasipublic utilities
and drainage and to trim any trees which at any time may interfere or threaten to interfere with
the maintenance of such lines, 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
over the rear ten (10) feet, side five (5) feet, and ten (10) feet along all roads 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
area 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
corner 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 lot as shown by the recorded map of the above lots shall be re-
subdivided unless such part of the subdivided lot becomes a part of a whole lot, and the
remainder of the subdivided lot becomes a part of another whole lot.
Section 5. 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 the owners.
ARTICLE IV
GENERAL PROVISIONS
Section 1. Underground Wiring and Street Lights. Declarant, or its assigns, reserves
the right to subject the real property described herein to a contract with an electrical utility
company 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 the electrical utility company by the owner of each home.
Section 2. The covenants and restrictions of the Declaration are subject to being
altered, modified, canceled 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 or their successors
in title and by the owners of not less than sixty percent (60%) of the subdivided lots or parts of
said subdivision to which these restrictions apply, as recorded in the Office of the Register of
Deeds of Onslow County, North Carolina. If the Declarant owns sixty percent (60%) or more of
the subdivided lots, the Declarant may alter or amend these covenants without consent of
anyone.
Section 3. 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 Defendant, 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 sixty percent (60%) of the subdivided lots has
been recorded, agreeing to change said Covenants and Restrictions in whole or in part.
Section 4. Any notice required to be sent to any owner under the provisions 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 5. 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.
Section 6. Invalidation of any one of these covenants or restrictions by judgment or
court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 7. In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater
Management Regulations, deed restriction and protective covenants shall apply. These deed
restrictions and protective covenants are necessary to ensure that the development maintains a
"built-upon" surface area consistent with the applicable regulation limiting built-upon area.
I. For All Projects:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8-020517, as issued by the
Division of Water Quality under Title 15A NC AC 2H.1000.
b. The State of North Carolina is made 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 plan may not take place
without concurrence of the Division of Water Quality.
The maximum built-upon area per lot is described in Table 1. This allotted
amount includes any built-upon are 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. (See Table 1 attached)
g. Filling in or piping or altering any 3:1 vegetative conveyances (ditches,
swales, etc.) associated with the development except for average driveway
crossing, is strictly prohibited by any persons.
h. Lots within CAMA's Area of Environmental Concern may have the permitted
maximum built-upon area reduced due to CAMA jurisdiction within the AEC.
i. A 30' vegetated buffer must be maintained between all built-upon area and the
Mean High Water line of surface waters.
All roof drains shall terminate at least 30' from the mean high water mark of
surface waters.
Section 8. All of the properties subject to these Declarations, Conditions, Covenants
and Restrictions shall also be subject to the following Special Provisions Relating to Wetlands.
In developing the property, the Declarant has agreed with the State of North Carolina and the
Department of the Army Corps of Engineers (pursuant to a permit issued by the State of North
Carolina and the Corps of Engineers) to restrict and prohibit any future filling or other
detrimental activities in the wetland areas which presently exist within the identified area of the
property. Accordingly, all wetlands shown and delineated on the wetland survey plat dated
September 22, 2003, and verified by the Corps of Engineers on March 4, 2003, shall be
maintained in perpetuity in their natural or mitigated condition. No person or entity shall fill,
grade, excavate, or perform any other land disturbing activities; nor cut, remove, or harm any
vegetation; nor construct any structures, nor allow animal grazing or watering or any other
agricultural use on such conservation area. Benign structures, such as pile supported walkways,
may be permissible only after reviewed and written consent is provided by the U.S. Army Corps
of Engineers. This covenant is intended to ensure continued compliance with the mitigation
condition of authorizations issue by the United States of America, U.S. Army Corps of
Engineers, Wilmington District, Action ID 200300660, 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.
The above paragraph eight cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District.
Excepting a ten-foot (10') wide access to The Uplands on Lots 36, 37 and 38 as shown on
recorded map for the purpose of maintaining The Uplands.

TABLE 1
Lot built upon area
WYNDHAM HILLS SECT.III
21) 2.83 Ac. 36,982 Sq. Ft.
22) 1.08 Ac. 14,113 Sq. Ft.
23) 1.88 Ac.

J 24,568 Sq. Ft.-?
32
? 7
24) 0.62 A 8,102 Sq. Ft.- ,
25) 0.71 Ac. 9,278 Sq. Ft.
26) 0.87 Ac. 11,369 Sq. Ft.
27) 0.93 Ac. 12,153 Sq. Ft.
28) 1.46 Ac. 19,079 Sq. Ft.
29) 1.09 Ac. 14,244 Sq. Ft.
30) 1.38 Ac. 18,034 Sq. Ft. (22.28 Ac. less 20.5 Ac. Wetland = 1.38 Ac.
31) 0.83 Ac. 10,846 Sq. Ft. ( 4.56 Ac. less 3.73 Ac. Wetlands = 0.83 Ac.
32) 0.86 Ac. 11,238 Sq. I=t. (2.64 Ac. less 1.78 AC. Wetlands = 0.86 Ac.
33) 1.33 Ac. 17,380 Sq. Ft. (7.44 Ac. less 6.11 Ac. wetlands = 1.33 Ac.
34) 2.41 Ac. 31,494 Sq. Ft.
35) 3.39 Ac. 44,400 Sq. Ft.
36) 3.37 Ac. 44,039 Sq. Ft.
37) 2.43 Ac. 31,755 Sq. Ft.
35.8_, Sq. Ft. total l ot b uilt upon area
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