20052146 Ver 5_Staff Comments_20090929

Mcmillan, Ian
From: Dorney, John
Sent: Tuesday, September 29, 2009 9:29 AM
To: Mcmillan, Ian
Subject: RE: SeaWatch at Sunset Harbor 401 WQC
there is a potential problem with the restrictive covenants. Please be sure that all wetlands are shown on each lot so
buyers know that they will own wetlands. Otherwise they owners can claim that they did not know that wetlands were
present. thankx
From: Mcmillan, Ian
Sent: Tuesday, September 29, 2009 8:58 AM
To: Dorney, John
Subject: FW: SeaWatch at Sunset Harbor 401 WQC
Ian J. McMillan, PWS, GISP
Coordinator 401/Wetlands Permitting and Oversight Unit
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604
Office: [phone]
Fax: [phone]
Email: ian.mcmillan(&ncdenr.EOv
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Noelle Winstead [ma ilto: noel le.wi nstead @ca pefea reng ineering.com]
Sent: Monday, September 28, 2009 7:25 PM
To: Ian McMillan
Subject: SeaWatch at Sunset Harbor 401 WQC
Ian,
In addition to the information submitted in May to address buildable lots without additional wetland impacts, the following
Statement was included in the original Corps and CAMA application:
"In addition, all lots are buildable without wetland fill. The covenants of the subdivision address wetland
restrictions on individual lots and contain the following language: "Certain homesites may contain wetlands
subject to US Army Corps of Engineers regulatory jurisdiction. Filling, grading, excavating and other land
disturbing activities are prohibited in such wetlands on any homesite." These covenants were recorded in the
Brunswick County Register of Deeds on November 26th, 2003 (Book 1864/Page 745)."
All lots within the SeaWatch at Sunset Harbor development have been recorded with this statement, including lots in the
first 2 phases that began before a wetland permit was needed. Please find the attached covenants and restrictions and
see #18. In addition, State Stormwater requested that the following statement (actually something less stringent) be
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recorded for all phases not platted to date and a notarized statement was provided prior to issuance of the Marina Village
Stormwater Permit (attached):
"Certain lots contain wetlands subject to the U.S. Army Corps of Engineers regulatory and N.C. Division of
Water Quality jurisdiction. No person shall fill, grade, excavate or perform other land disturbing activities in
such jurisdictional wetlands."
Please let me know if you have any questions. It was our understanding that this concern was previously addressed.
Thank you,
Noelle