20130570 Ver 1_Emails_20140228

Burdette, Jennifer a
From:
Burdette, Jennifer a
Sent:
Friday, February 28, 2014 10:30 AM
To:
'Byron Trimmer'
Cc:
Jessica Trimmer
Subject:
RE: Covenants and O &M Plan for our Variance...
Byron & Jessica,
There are three conditions to the major variance that must be completed before the approved impacts occur.
The first condition requires you to pay the compensatory mitigation that has been reserved for the project. You will
need to send a copy of the major variance approval to the mitigation provider (Restoration Systems) and request that
they send you an invoice for the required buffer mitigation credits. When the mitigation provider receives your
payment they will send you a receipt. You need to submit a copy of that receipt to our office (emailed to me is fine).
The second condition is to provide DWR a final, written stormwater management plan for approval. A written,
stormwater management plan must include the following items.
1. A lot layout sheet showing the following information
a. The proposed boundaries of the drainage easement, which must be a minimum distance of 10 feet on
all sides of the bioretention cell.
b. The area of the roof that will drain to the bioretention cell shown graphically and labeled with the area
in square feet.
c. One -foot contour lines showing the grading for the bioretention cell. These contour lines should show
the weir that will be used to bypass storms greater than one inch.
2. Calculations to support the sizing of the bioretention cell.
3. A specification for the bioretention cell media and the mulch that will be used.
4. A planting plan for the tree and herbaceous plants that will be planted in the bioretention cell. The planting plan
should include the species, size and locations of the plants.
5. A signed and notarized operation and maintenance agreement. The draft O &M that you provided is acceptable.
For Items 3 and 4, you can reference the BIVIP manual for guidance at the following link:
http://portal.ncdenr.org/web/wq/su/bmp-chl2/.
The last condition requires protective covenants be placed on the lot to notify future property owners of the riparian
buffer present on the lot and prevent alteration of the SW management plan and buffer restoration area. A draft of
these protective covenants needs to be submitted to and approved by the Division prior to recordation. I've reviewed
the protective covenants that you provided and have the comments listed below.
1. A plat must be generated showing the home, driveway, sidewalks, proposed deck, location of the stream
channel and associated Zone 1 and Zone 2 of the riparian buffer, bioretention cell (rain garden), proposed
boundaries of the drainage easement from the road right -of -way to and around the bioretention cell, gutters
that will be routed to the cell, locations of existing gutter discharges, and area of buffer restoration. The plat
needs to be made a part of the protective covenant.
2. The protective covenant requires the stormwater management plan remain in place in perpetuity instead of
automatic extensions of 10 -year periods. If the buffer rules were to be repealed in the future, you may submit a
request to the Division to remove these requirements. Therefore, "for a period of ten (10) years from the date
of this instrument" must be removed first paragraph of the covenant and item #6 needs to be replaced with the
following statement.
a. These Protective Covenants shall continue as a servitude running in perpetuity with the Property.

Add the following statement as item #1.
"A portion of this lot (as depicted on the attached has been determined to meet the requirements for designation
as a wetland, stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the
requirements of the state 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 wetland, stream or buffer filling or draining, so the
property owner should not assume that a future application for filling or draining would be approved. The property
owner shall report the name of the subdivision in any application pertaining to said rules. This covenant is
intended to ensure continued compliance with all rules adopted by the State of North Carolina and therefore the
State of North Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them."
Please let me know if you have any questions and contact Annette Lucas at 919- 807 -6381 if you have any questions
about the design of the stormwater management plan.
Thanks,
Jennifer
Jennifer A. Burdette
401 /Buffer Coordinator
401 & Buffer Permitting Unit
Wetlands Branch
NCDENR - Division of Water Resources - Water Quality Programs
1650 Mail Service Center
Raleigh, NC 27699 -1650
(919) 807 -6364 phone
(919) 807 -6494 fax
*Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.*
From: Byron Trimmer [mailto:btrimmerl(a)yahoo.com]
Sent: Wednesday, February 19, 2014 9:27 PM
To: Burdette, Jennifer a
Cc: Jessica Trimmer
Subject: Covenants and 0 &M Plan for our Variance...
Hi Jennifer,
We received the approval for the variance for our deck. Thank you for your assistance. Per the
variance approval, here are the proposed covenants and O &M plan for the bioretention cell (rain
garden) for the property.
I have extended the reservation on our credits from the credit bank. Do I need to work through you
for approval on these? or do I just need to sign /notarize them and file them with the Clerk of Deeds?
The covenants are based entirely on the letter from the Dept of Justice, so hopefully they'll be
sufficient.
The O &M plan is based on the format of the O &M plan from the DWQ website, but the content (as
specified in the agreement) is based on the maintenance plan from the NCCE website for rain
gardens.
Please let me know your thoughts. We are excited to get started on our new deck!

Thanks,
Byron