20151164 Ver 1_Recorded Deed Restriction_20160805

Burdette, Jennifer a
From: Keith Hackney <[e-mail]>
Sent: Friday, August 05, 2016 3:13 PM
To: Burdette, Jennifer a; Scarbraugh, Anthony; Howell, Jonathan
Cc: Danny Whitford
Subject: Recorded Danyy Whitford Declaration of Major Variance of Pamlico River Buffer
Attachments: 20160805150814738.pdf
Jennifer:
The attached approved Declaration of Major Variance has now been recorded. Please let me know if you require
anything further in this matter.
Thanks again for your assistance.
Keith D. Hackney
252-946-4197
[e-mail]

FOR REGISTRATION REGISTER OF DEEDS
Jennifer Leggett Whitehurst
Beaufort CountY. NC
BK 19 0 v PG 7 7 0 August 03, 2916 11:41:47 RN
Book 1906 Page 770-773
FEE: $26.00
INSTRUMENT # 2016003589
NORTH CAROLINA
BEAUFORT COUNTY
DECLARATION OF MAJOR VARIANCE OF STREAM AND BUFFER REGULATIONS
DEED BOOK 1900, PAGE 775, BEAUFORT COUNTY REGISTRY GPIN 6641-34-7310
(TITLE 15A NCAC 2B .0259)
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Brief Description: Bk 1900, Pg 775; 753 Down Shore Road, Blounts Creek, NC 27814
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THIS DECLARATION OF MAJOR VARIANCE OF STREAM AND BUFFER
'REGULATIONS FOR THAT LOT OF RECORD IN BOOK 1900, PAGE 775, BEAUFORT
F COUNTY REGISTRY ("Agreement") is made as of the 'Z,hdday of August, 2016, by Daniel
W Edwin Whitford and wife, Diane A. Whitford ("Declarant").
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RECITALS:
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u WHEREAS, the Declarant is the owner of a lot adjoining the Pamlico River, as the same
= is described in that deed of record in Book 1900, Page 775, Beaufort County Registry, and as
shown on the Exhibit A attached hereto_ (the "Lot"); and
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WHEREAS, a portion of the Lot has been burdened with the elements of a Stormwater
Management Plan ("SMP") pursuant to a Major Variance with Conditions from Tar -Pamlico
IIRiver Riparian Area Protection Rules granted January 13, 2016; and
WHEREAS, Declarant desires to ensure continued compliance with all rules adopted by
the State of North Carolina (the "State") with respect to streams and protected stream buffers, as
provided by Tar -Pamlico River Buffer Rules 15A NCAC 2B .025 9, and as granted by that Major
Variance with Conditions, for the elements of that SMP as depicted on the attached EXHIBIT A
(the "Map") and, therefore, desires to grant the State enforcement rights; and
WHEREAS, the covenants, conditions, and restrictions contained herein run with the
land and bind all parties and all persons claiming any interest in the, Lot: and
II WHEREAS, this Declaration has been procured in accordance with "Title 15A NCAC
213.0259.

R 19001' 77 1
NOW, THEREFORE, for a valuable consideration, including the benefits Declarant may
derive therefrom, the receipt of which is hereby acknowledged, Declarant hereby agrees as
Recitals Incorporated. The foregoing Recitals are an integral part of this
Agreement and shall be incorporated herein and made a part hereof.
2. Covenants and Restrictions.
a. A portion of the Lot (as depicted or described on the Map) has the engineered
elements of a SMP as part of a granted Major Variance with Conditions related to
the protected stream buffer. Any subsequent fill or alteration of the depicted area
shall conform to the requirements of the rules adopted by the State of North
Carolina in force at the time of the proposed alteration. The intent of this
provision is to prevent additional stream or buffer filling, draining, creation of
concentrated stormwater flow, or impacts to riparian buffer(s) vegetation. The
owner of the Lot should not assume that a future application for filling, draining
or riparian vegetation removal or alteration would be approved, nor any further
Major Variance therefor granted. The owner of the Lot shall report this Lot and a
copy of the Major Variance granted and this Covenant in any application
pertaining to said rules.
b. The protected Tar -Pamlico River Riparian Buffer exists on the Lot. Direct
discharge of stormwater runoff through the buffer to the river is prohibited.
Gutters and drain pipes for the existing building and pavilion within the buffer,
and connected and related outlet control structure, level spreader, grass swale and
vegetated filter have been provided on the Lot to help ensure that such discharge
does not occur. These matters shall remain in place, and be utilized and
maintained on a regular basis. The above stormwater management and control
measures may not be removed or modified without prior written authorization
from the Division of Water Resources, NC Department of Environmental Quality.
C. Any request to remove or modify the stormwater management and control
measures is to be mailed to 401 & Buffer Permitting Branch, Division of Water
Resources, NC Department of Environmental Quality, 1617 Mail Service Center,
Raleigh, NC 27699-1617.
d. These covenants and restrictions are intended to ensure continued compliance
with all rules adopted by the State and, therefore, the State may enforce such
benefits and compliance.
These covenants and restrictions run with the land and are binding on all parties
and persons claiming an interest in the Lot, and upon their heirs, successors and
assigns.

GK1906-F;G772
Reservation by Record Owner. Declarant, and their heirs, successors and assigns,
shall, in all other respects, remain the owner of the Lot, subject to the above
covenants and restrictions, and may make all lawful uses of the Lot not
inconsistent therewith.
4. Amendment. No amendment to this Declaration shall be effective until executed
by all the appropriate parties, approved by the North Carolina Department of
Environmental Quality, and recorded in the office of the Beaufort County, NC
Register of Deeds.
Term. This Declaration shall continue as a servitude running in perpetuity with
the Lot.
6. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of North Carolina.
IN WITNESS WHEREOF, Declarant has executed this Agreement as of the day and year
first above written.
DECLARANT:
el Edwin Whitford
North Carolina
Beaufort County
I, ec-v► , a Notary Public of the aforesaid County and State, do
certify that Daniel Edwin Whitford and wife, Diane A. Whitford personally appeared
me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and "o����l�seal, this i h day of August, 2016.
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'�••�pTA1ir:�=
P U B IOG FNotary Public
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BIl1906l'0773
EXHIBIT A
"A" TO "B"
HIGH WATER MARK
� LINE BEARING DISTANCE SIT
L7 S 48'05'41' E 3.87'
L2 N 52'26'39' E 4.93' VICINITY MAP
L3 5 33' 16'37' E 16.02' N.T.S.
PAMLICO
10121 US HVY 17 South
DATE- 09-21-15
POvllien pgMLICO
RIVER Concrete
Vanceboro, North Carolina 28586
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RIVER
SCALE, V = 30'
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MAYO AND
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Owner: Daniel E. Whitford
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753 Dorn Shore Road
Building
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1 [phone] FAX
FILE NO., 2015 -126 -LEGAL
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1, NORVD00 MARTIN MAYO, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
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DIRECTION AND SUPERVISION FROM AN ACTUAL SURVEY (A DEED DESCRIPTION
RECORDED IN BOOK 1900, PAGE 775)1 THAT THE ERROR OF CLOSURE AS
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CALCULATED BY LATITUDES AND DEPARTURES IS I,IOA001 THAT THE
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BOUNDARIES NOT SLIRVEYED ARE SHOVN AS BROKEN LINES PLATTED FROM
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INFORMATION FOUND IN PLAT CABINET C, SLIDE 1-101 AND THAT THIS PLAT
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WAS PREPARED IN ACCORDANCE TO G.S 47-30, AS AMENDED WITNESS
REGISTRATION SEAL THIS 21 DAY
Point 75' AEC LIN
ORIGINAL SIGNATURE, NUMBER AND
SEPTEMBER, A.D. 2015.
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©EIfCTR1CAl BOX ZONE 1 2 ARE
TAR-PAMUCUCO RIPARIAN BUFFERS.
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1, Locate House Under Construction and r D7-13-16
Environmental Stornrater, Structure
SURVEY FOR,
10121 US HVY 17 South
DATE- 09-21-15
Vanceboro, North Carolina 28586
SCALE, V = 30'
DANIEL E. WHITFORD
MAYO AND
STATE- NC
Owner: Daniel E. Whitford
ASSOCIATES, P.A.
COUNTY- BEAUFORT
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[phone] Washington, N.C.
TWP•- RICHLAND
753 Dorn Shore Road
[phone] New Bern, N.C.
Blounts Creek, NC 27814
1 [phone] FAX
FILE NO., 2015 -126 -LEGAL
HocKne�, Keith - 5�