20071790 Ver 1_More Info Received_20091120

Strickland, Bev
From: Steenhuis, Joanne
Sent: Friday, November 20, 2009 9:54 AM
To: Strickland, Bev
Subject: FW: Waterway Cove - recorded Wetland Conservation Language
Attachments: 82987-260 Conservation Covenants RECORDED.PDF; Amendment to Conservation
Covenants RECORDED.PDF
Bev,
DWQ # 2007 1790
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
T.... _... ?.,..._.. M._..
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 [maiIto: yatesgecoen rg 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 [maiIto: hdailAdaildevelopment.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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11-10-2009
I I IIIIIIIIIIIII IIIIIIII III B2 Brenda M. m
Brunswick County, NC Register of Deeds page 1 of 3
Pruenter Ret:
3 TOtai d Rev _ Int.
Ck - oo Ck # Cash $
Refund - -- i ash'? FInance
0 Portion= ,,,?u, nani;?p i(tgU;_5 (iua to condition
of nifginal. ' ' c
L? i?oc?ttlle t ? n .eels ?entied by 0ginel
i;?s ? .. r?i±t t~ r?ryr?{uc?ti or copi3d. /
(For Recording Data)
Prepared by and return to after recording-:
Steven 1. Reinhard, Esq.
1009 Slater Road, Suite 400
Durham, North Carolina 27703
AMENDMENT TO DECLARATION OF CONSERVATION COVENANTS, CONDITIONS AND
RESTRICTIONS
This Amendment to Declaration of Conservation Covenants, Conditions and Restrictions is
entered into as of this 6't' day of November, 2009, by WATERBORO VILLAGE MANAGEMENT,
LLC, a North Carolina limited liability company ("Declarant").
Declarant executed that certain Declaration of Conservation Covenants. Conditions and
Restrictions (the "Declaration") effective October 20, 2009, and recorded in Book 2967, Page 260.
Brunswick County Registry, pursuant to the instructions of the North Carolina Division of Coastal
Management ("NCDCtT').
In lieu of the section 404 wetlands survey attached as Exhibit A to the Declaration, the NCDCM
has requested that an alternative map be attached as exhibit A to the Declaration, overlaying the wetlands
areas on the current site plan for the development, and Declarant is willing to so comply.
Accordin-ly. the Declaration is hereby amended by:
1. Deleting recital A thereof, and replacing it with the following:
A. Declarant is the sole owner in fee simple of that certain Conservation Property
(Property) being approximately 3.32 acres, more particularly described on
Exhibit A attached hereto and by this reference incorporated herein.
2. Substituting Exhibit A attached to the Declaration with Exhibit A attached hereto.
Except as modified herein, the Declaration is hereby ratified and confirmed.
11 10 2009
Brenda M. Clemmons
II I III I II I I I I I II I I III I II I I III I I II I III B2992 2: °' °°°
Brunswick County, NC Register of Deeds page 2 of 3
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first
above written.
WATERBORO VILLAGE MANAGEMENT. I.LC
a North Carolina limited liability company
By:
Stephen H. Clark
Manager
STATE OF NORTH CAROLINA
COUNTY OF Dt1RHAM
I certify that the followino person personally appeared before me this day, acknowledging to me
that he signed the foregoing document:
Stephen H. Clark, manager of Waterboro Village Management. LLC
Witness my hand and official stamp or seal, this the 6th day of November, 2009.
[notary seal]
My Commission Expires: May 12. 2012
Notary Public
Name: Steven 1. Reinhard, Notary Public
STEVEN 1. REINHARD
NOTARY PUBLIC
WAKE COUNTY
OF NORTH CAROLINA
[STATE
COMMISSION EXPIRES 5-22-2012
2
-CHIS MAP IS NOT A CERTIFIED SURVEY
WED BY A
AN '
CAL GOVERNMENT "RN ENT AGENIT"
AND DEVELOPMENT REGULATION
(M/QN a o6g3N
B2992 P0088 11:10-2009
II?II III'III III III III II?II II'IIII I ?IIM. Cl r of Deeds page e m3 not 3 000
Brunswick County, NC Regist `
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PROJECT NO, WVM-08000 WATERWAY COVE THE JOHN R. WAD Oa
vneNUE: WVM08000-E1 11BITA COWANY, INC.
> SC' 1•=300' ' p"'' ?°?""°?' `?
CONSERVATION PROPERTY
O RUZARM
?.????. CRARLOTM-
(/) DATE: 10-22-09 Th /t
BRUN9Wi" COUNIy 1 J NORTH CAMLNA 010334M-w -Md lfa: C-M