20071790 Ver 1_More Info Received_20091130

Strickland, Bev
From: Steenhuis, Joanne
Sent: Monday, November 30, 2009 1:15 PM
To: Strickland, Bev
Subject: FW: Waterway Cove - DRAFT Wetland Conservation Language
Attachments: B2987-260 Conservation Covenants RECORDED.PDF; Amendment to Conservation
Covenants RECORDED.PDF
DWQ # 07 1790 here are the restrictive covenants. I didn't know how to log them into BIMS since they are not deed
restrictions nor conservation easements.
Si, I thought I'd leave it up to you. Ha!
Joanne
From: Yates, Kevin [mailto:[e-mail]]
Sent: Thursday, November 19, 2009 8:54 AM
To: Timpy, David L SAW; Steenhuis, Joanne
Cc: Dail, Jason; Finch, Brandon
Subject: RE: Waterway Cove - DRAFT Wetland Conservation Language
All,
Please find attached the recorded Declaration of Restrictions for Waterway Cove. Originally they recorded the signed
wetlands map as "Exhibit A", which did not reflect the permitted impacts, so we corrected "Exhibit A" which depicts the site
plan and remaining wetland preservation areas. The revised "Exhibit A" was recorded as an amendment to the original.
Let me know if you have any questions.
Thanks,
Kevin
From: Yates, Kevin
Sent: Thursday, October 22, 2009 2:12 PM
To: Yates, Kevin; Timpy, David L SAW
Cc: [e-mail]; Finch, Brandon; Dail, Jason
Subject: RE: Waterway Cove - DRAFT Wetland Conservation Language
Dave,
The client is preparing to record the Declaration of Restrictions and I want to see if you assigned the modification request
a new Action ID number? ...which we would need to reference in the Declaration document.
Thanks for turning this around,
Kevin
From: Yates, Kevin
Sent: Tuesday, October 20, 2009 3:54 PM
To: 'Timpy, David L SAW'
Cc: '[e-mail]'; Finch, Brandon; 'Dail, Jason'
Subject: RE: Waterway Cove - DRAFT Wetland Conservation Language
Dave,
We are planning to use the Declaration of Restrictions from the Corps website (attached) and just fill in the acreage,
County, Action ID, etc. The language in the email below is contained within the DRAFT HOA documents. Once recorded,
we will reference the Declaration of Restrictions within the HOA documents as the official legal instrument which
preserves the remaining wetlands on-site. Brandon is forwarding the attached document to Hardy Dail, and he is going to
complete this and record asap. We will forward a copy to Corps, DWQ, and CAMA once recorded.
- Kevin
From: Timpy, David L SAW [mailto:[e-mail]]
Sent: Tuesday, October 20, 2009 3:17 PM
To: Yates, Kevin
Subject: FW: Waterway Cove - DRAFT Wetland Conservation Language
Kevin,
Please make sure the conservaton language exactly matches the template on our website.
Dave
-----Original Message-----
From: Steenhuis, Joanne [mailto: joanne.steenhuisgncdenr.gov]
Sent: Tuesday, October 20, 2009 2:36 PM
To: Timpy, David L SAW
Subject: FW: Waterway Cove - DRAFT Wetland Conservation Language
From: Yates, Kevin [mailto:. ay tesgecoengr.com]
Sent: Tuesday, October 20, 2009 2:29 PM
To: [e-mail]; Steenhuis, Joanne
Cc: Finch, Brandon
Subject: Waterway Cove - DRAFT Wetland Conservation Language
Joanne, Per our conversation on October 20, 2009, below is the DRAFT conservation language describing the preservation of the
remaining wetlands within the Waterway Cove project boundary, in Ocean Isle. We will forward a copy of the finalized version,
once recorded. Thanks for turning this around, Kevin
Section 2. Compliance with Wetland and Buffer Regulations.
In accordance with Title 15A NCAC 2H .500, it has been determined that portions of some Lots located in the Waterway Cove
Subdivision, Brunswick County, North Carolina, as shown on plans prepared by The John R. MacAdams Company meet the
requirements for the designation as a wetland, stream, or protected stream buffer. The areas shown in the recorded plat Waterway
Cove, "Exhibit A - Preservation Areas" ? , recorded at the Register of Deeds Brunswick County 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, burn, 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 otherwise disrupt or alter the hydrology or drainage ways of the conservation area;
(e) dump or store soil, trash, or other waste; and
(f) graze or water animals, or use for any agricultural or horticultural purpose.
The covenants in this section are intended to ensure continued compliance with mitigation conditions of a Clean Water Act
authorization issued by the United States Army Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. The covenants in this section run with the land and shall be binding on the Owner and all parties claiming use of it.
This language cannot be amended without the express written consent of the U.S. Army Corps of Engineers, Wilmington District.
U.S. Army Corps of Engineers, reference Permit # _2006-41576-010_.
From: Finch, Brandon
Sent: Wednesday, October 07, 2009 2:17 PM
To: Yates, Kevin
Subject: FW: Questions
From: Hardy Dail [mailto:hdailgdaildevelopment.com]
Sent: Wednesday, October 07, 2009 12:45 PM
To: Finch, Brandon
Cc: 'Kevin Dail'
Subject: Questions
Brandon, this language was required in our HOA documents. Is the permit # referred to at the bottom the CAMA Permit No? It refers
to the COE and not NCDENR, so I am unsure.
Section 2. Compliance with Wetland and Buffer Regulations.
In accordance with Title 15A NCAC 2H .500, it has been determined that portions of some Lots located in the Waterway Cove
Subdivision, Brunswick County, North Carolina, as shown on plans prepared by The John R. MacAdams Company meet the
requirements for the designation as a wetland, stream, or protected stream buffer. The areas shown in the recorded plat Waterway
Cove, , recorded at the Register of Deeds Brunswick County 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, burn, 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 otherwise disrupt or alter the hydrology or drainage ways of the conservation area;
(e) dump or store soil, trash, or other waste; and
(f) graze or water animals, or use for any agricultural or horticultural purpose.
The covenants in this section are intended to ensure continued compliance with mitigation conditions of a Clean Water Act
authorization issued by the United States Army Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. The covenants in this section run with the land and shall be binding on the Owner and all parties claiming use of it.
This language cannot be amended without the express written consent of the U.S. Army Corps of Engineers, Wilmington District.
U.S. Army Corps of Engineers, reference Permit #
Also, the CAMA Permit that we have refers to the Stormwater Permit and Erosion Control Permit that was previously issued. Do we
need to have the CAMA Permit modified to reflect the new Stormwater and Erosion Control Permit Nos?
Hardy
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DECLARATION OF CONSERVATION COVENANTS, CONDITIONS AND RESTRICTIONS
BY
WATERBORO VILLAGE MANAGEMENT, LLC
dated as of October 20, 2009
Prepared by: Steven I. Reinhard, Esq.
1009 Slater Road, Suite 400
Durham, NC 27703
After recording, return to: Hardy Dail
Dail Development Company
Post Office Box 582
Cary, NC 27511
10 27-2709
II IIIII II IIIIII IIIIII III III Jill III Brenda 2987 P0261 m '20 ns.01.000
Brunswick County, NC Register of Deeds page of 7
STATE OF NORTH CAROLINA
BRUNSWICK COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and RESTRICTIONS
("Conservation Declaration") is made on this 20th day of October, 2009, by Waterboro Village
Management LLC ("Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property) being
approximately 3.58 acres, more particularly described in the 404 Wetlands Survey (Exhibit
A) attached hereto and by this reference incorporated herein.
B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian resources
and other natural values of the Property, and prevent the use or development of the Property
for any purpose or in any manner that would conflict with the maintenance of the Property in
its natural condition. The preservation of the Property in its natural condition is a condition of
Department of the Army permit Action ID No. 2006-41576-010 issued by the Wilmington
District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to waters of
the United States authorized by that permit, and this Conservation Declaration may therefore
be enforced by the United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the Property
shall be held and subject to the following restrictions, covenants and conditions as set out herein, to run
with the subject real property and be binding on all parties that have or shall have any right, title, or
interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation Declaration is
prohibited. The Property shall be maintained in its natural, scenic, and open condition and restricted from
any development or use that would impair or interfere with the conservation purposes of this
Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited
or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Property or any introduction of non-native plants and/or animal species
is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt
or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on
or above the Property.
10-27-2
IIIIIIIIII II Iillli illlll 111 ll 11111111 t4kj t@2612emll:ns5:00109000
Brunswick County, NC Register of D eds pae 3 o7
C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of
trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property.
G. Signage_No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving
directions or proscribing rules and regulations for the use of the Property and/or signs
identifying the Grantor as owner of the property.
H. Dumping or Storage, Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property
is prohibited.
1. Excavation. Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or
other materials, and no change in the topography of the land in any manner on the Property,
except to restore natural topography or drainage patterns.
Water Ouality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or
tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns. In addition, diverting or causing or permitting the
diversion of surface or underground water into, within or out of the easement area by any
means, removal of wetlands, polluting or discharging into waters, springs, seeps, or
wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished by
this Conservation Declaration shall be transferred pursuant to a transferable development
rights scheme or cluster development arrangement or otherwise
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property substantially in
its natural condition, or the protection of its environmental systems, is prohibited.
0-35:000000
IIIII IIIII II IIIIil lliill lii llliil i 111 82981 P0263 1102729
Brunswick County, NC Register of Deeds Clemmons
page 4 of 7
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation condition
of authorizations 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 all parties and all persons claiming
under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right, with
reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the
Property to determine whether the Declarant, Declarant's representatives, or assigns are
complying with the terms, conditions and restrictions of this Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to
bring any action against Declarant for any injury or change in the Conservation Property
caused by third parties, resulting from causes beyond the Declarant's control, including,
without limitation, fire, flood, storm, and earth movement, or from any prudent action taken
in good faith by the Declarant under emergency conditions to prevent, abate, or mitigate
significant injury to life, damage to Property or harm to the Property resulting from such
causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the Property
for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges that the
Property is currently undeveloped land, with no improvements other than any existing utility
lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner and is
seized of the Property in fee simple and has good right to make the herein Declaration; that
there is legal access to the Property, that the Property is free and clear of any and all
encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose. Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect
to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Declaration. If any provision is
found to be invalid, the remainder of the provisions of this Conservation Declaration, and
10-27-2009
Ililllllll ll 111111 111111 ll illlil II Iii B$? P?2s mmons 01.000
Brunswick County, NC Register of Deeds page 5 of 7
the application of such provision to persons or circumstances other than those as to which it
is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely
fashion in the official records of Brunswick County, North Carolina, and may re-record it at
any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and represents
that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property
described herein is and at all times hereafter will continue to be in full compliance with all
federal, state and local environmental laws and regulations, and (b) as of the date hereof
there are no hazardous materials, substances, wastes, or environmentally regulated
substances (including, without limitation, any materials containing asbestos) located on, in
or under the Property or used in connection therewith, and that there is no environmental
condition existing on the Property that may prohibit or impede use of the Property for the
purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first
above written.
WATERBOR . VILLA MAN GEMENT LLC
By:
Stephen H. Clark, Manager
Il i illll 1 1 ll ll 1 1 1 1 111111 1 1 1 1 ll111 l 111 BBrenda PM . C? m ors. 0°°000
NORTH CAROLINA Brunswick County, NC Register of Deeds page 6 of 7
DURHAM COUNTY
I certify that the following person(s) personally appeared before me this day, acknowledging to
me that he or she signed the foregoing document:
Stephen H
Date: October 20, 2009
ESTATE I. REINHARD
ARY PUBLIC WAKKEE NORTON ROLINA allow
S 5-22.2012
Clark, manager of Wate oro Village Management,-LLC
fficial Signature of Notary
Name of Notary: Steven I. Reinhard
My commission expires: May 22, 2012
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