20071367 Ver 1_More Info Received_20070920

COASTAL MANAGEMENT SOLUTIONS. INC
September 18. 2007
.InannP ~tAanh~ iic
Division of Water Quality
177 rarr•inal flriua
Wilmington. N. C. 28405-3845
Haar .InannP•
RE: DWQ Project # 07 1367
As requested in vour letter of August 31. 2007, I have enclosed an original.
notarized copv of the Mariners Point Subdivision Restrictive Covenants which provide
for further protection for 404 wetlands. By this letter I have forwarded an original and
five copies to Ian McMillan.
I trust this adequately responds to DWQ's request. Please let me know if you
have anv questions.
cc: "Ian McMillan, 401 Unit, DWQ
Rich Weaver. DCM
Dave Tempv. CoE
Ron Cullipher, Stroud Engineering
Vic Rizzuto. ARRIS
Sinc Iv.
Rope N. checter
Ce,~
~:P
vLTIAF~JS FF~~ ^'i ~ r~~~?F.!? ;3ftArl~H
206 Margo Court. New Bern. N. C. 28562 252-638-4277
schecter cros(a~lpmonline.net

O ~ - 13 to'l
MARINERS POINTE SUBDIVISION
ADDITIONAL RESTRICTIVE COVENANTS
The following articles shall be added to the existing Master Declaration of
Protective Covenants for Mariners Pointe; and Permitee (Natures Own Land
Company, Inc.) shall cause these to be recorded in Carteret County:
Add under Article 11 -Use Guidelines and Restrictions:
"Article 11.9 State and Federal Wetland Area Protection.
a) Lots 8 through 15, 44 through 48 and 51 through 84, depicted on the recorded
plat for Mariners Pointe Subdivision (recorded on October 19, 2006, in Carteret
County, NC, Book 31, Pages 104 & 105), contain areas designated as either
Coastal or 404 Wetland Areas. These areas shall be maintained in perpetuity in
their natural or mitigated condition. No person or entity, without specific
permission, as applicable, from the U. S. Army Corps of Engineers, NC Division of
Water Quality or NC Division of Coastal Management, shall perform any of the
following activities on or within the buffers of such wetland areas:
i. fill, grade, excavate or perform any other land disturbing activities;
ii. burn, remove, or harm any vegetation;
iii. construct or place any roads, buildings, mobile homes, signs, utility poles
or towers, or any other permanent or temporary structures;
iv. drain or otherwise disrupt or alter the hydrology or drainage ways of the
wetland area;
v. dump or store soil, trash, or other waste; or
vi. graze or water animals, or use for any agricultural or horticultural purpose.
b) This covenant is intended to ensure continued compliance with the Clean
Water Act authorization issued by the United States of America, U.S. Army
Corps of Engineers and the N. C. Coastal Area Management Act, and
therefore may be enforced by the United States of America and/or the State
of North Carolina. This covenant is to run with the land, and shall be binding
on the Owner, and all parties claiming under it."
Add under Article 15 -Duration, Amendment, and Termination:
"Article 15.5 Amendments to State and Federal Wetlands Protection.
Notwithstanding the foregoing to the contrary, DECLARANT shall not be entitled
to unilaterally amend these Protective Covenants as provided in Article 11.9
herein, without the express consent of the U. S. Army Corps of Engineers and/or
NC Division of Coastal Management."
Add under Article 1 1 -Use Guidelines and Restrictions:
"Article 11.10 Improvements within Coastal Buffers and Wetlands. Those lot owners
who have riparian rights and who desire to construct a pier or dock within the
Coastal Buffers or Wetlands must first submit a Major Development Permit
Application to the NC Division of Coastal Management. Construction of a pier or
dock is not eligible for a General Permit from the Town of Morehead City. The Major
Permit Application and other required governmental permits must be approved
before submitting for HOA Board review under these Protective Covenants."
Page 1 of 2

MARINERS POINTE SUBDIVISION
ADDITIONAL RESTRICTIVE COVENANTS
Permittee promises to execute and cause to be recorded with the Carteret
County Register of Deeds the above noted additional restrictive covenants. The
Permittee shall enforce the terms of the restrictive covenants and, prior to
conveyance of the property, shall take no action on the property described in
the covenants inconsistent with the terms thereof. The Permittee shall provide a
copy of the recorded restrictive covenants to the Corps of Engineers and NC
Coastal Management within 15 days of recording.
Committe o and agree:
Permittee
Parrish Sasser, Natures Own Land Company, Inc.
STATE OF NORTH CAROLINA
COUNTY OF Ons (vim
I, ~.JlAne ~~~ a Notary Public in and for said
County and State, do hereby certif that Parrish Sasser personally came before
me this day and acknowledged that he/she is President of Natures Own Land
Company, Inc., a corporation, and that he/she, as President be'ng authorized to
do so, executed the foregoing on behalf of the corporation.
Date: -1'~~'~ 7 ~~.x~
a
•.•••""""°b<. Notary Public
+°'°0~Q'~~' w N~~ ~°'•s
;'O~•°• (O.~ficiat~Sl My commission expires: 3-~.3 - la
~O AqY c
,t ~.®® *:
.as02~.••• •••;~VO~•
,•,®° eO~ COUNT c``~,,,
Page 2 of 2