20060393 Ver 2_More Info Received_20100708

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NICHOLAS J. SANTORO
36 Old Lupton Rd.
Merritt, NC 28556
July 7, 2010
Mr. Chris Pullinger
N. C. Division of Water Quality
943 Washington Square Mail
Wahington, NC 27889
Re: Donovan, Lot #10 Brown Creek
Variance Request
Dear Chris:
JUL 8 2010
DENR - WATER QUALITY
WETLANDS AND STORM4VATER BRANCH
Thank you for your letter of June 29, 2010, requesting additional information on this matter.
In response to Item #1 (Verification of Ownership) I am enclosing herewith a copy of the
Donovan's General Warranty Deed recorded by the Pamlico County Register of Deeds
On May 5, 1997. See Exhibit #1 enclosed.
In response to Item #2, the Donovan's have purchased mitigation credits from EBX, a private
mitigation source for the 1037 sq ft impact into Zone 1 of the Buffer. A copy of their Purchase
Agreement and check is enclosed. See Exhibit #2 enclosed.
In response to Item #3, the survey has been revised to show the exact house footprint that is
planned and is enclosed herewith. I am also enclosing a blow-up of the interior floor plan of
this home for your review. The survey has also been revised to show the driveway route and
the increased number of sq. ft. of Zone 1 that will be affected. See EXHIBIT #3 and #3A
enclosed.
In response to Item c of #3, the only other possible home location on this one acre homesite
would be some 240' back from the water and that location would provide no water view, a long
walk to the dock and no enjoyment of the water feature of this property. The Donovan's
purchased this lot in good faith back in 1997 as a site for their retirement home. They have
applied for and received several septic permits indicating a home location closer to the water
than the location requested in this variance. They would not have purchased this waterfront
lot had they known that they would only be allowed to build their home no closer than 240'
from the water and from their boat dock and with no water view. They believe that, since the
developer of the Brown Creek Subdivision met all State and Local Subdivision design criteria to
build roads, provide water and electric service to each lot, and obtain septic permits for each
lot, which they have continued to renew in good faith over a period of thirteen years, they
should not suffer the hardship of building their home at a location on the property that they
consider undesirable and then have to walk 240' to their boat preventing them from the
reasonable use of their property as contemplated when they made their purchase. To do so
would be to negate all of their hopes, plans, and greatly diminish the quiet enjoyment of their
property. It is the Donovan's sincere hope that they will be given the same consideration as
were their neighbors on Lot 11, a substantially similar lot, who were granted a variance to build
their home within Zone 1 and Zone 2 of the Buffer and who are now enjoying that home.
I hope that this response to your letter is sufficient for you to render a finding in favor of the
Donovan's request. If not, please let me know what additional information we may provide.
Once again, Chris, thank you for your help in this matter.
Very truly ur
Nick Santoro
Cc: Mr. & Mrs D. Donovan
4004 Hickory Meadow Rd.
Greensboro, NC 27406
Ms. Amy Chapman
N. C. Division of Water Quality
2321 Crabtree Blvd. Ste 250
Raleigh, NC 27604
(Page 1 of 2)

Tax Lot No.
Verified by
by
PAML:.C ;,: .x tt a. 0505,97
$132.00
M
A
N606 Real Es'ce
F.C'S6 Tax
It
0322 0517
rsu9
PAMlICO NLxTC xC
JCIiE E. Cuueu
Regl s[er 0! teals
2-iry tine. 9** aid pep
_ Parcel Identifier No.
County on the _ day of 19
o, r t, -
143 ter reo to H. HCLLOlt4, P. O. BOX 563, NM 8Z4Hri, NCX+1T8 6563
'Ibis instrurent was prepared by 1rlid,IAK S. H0UDM
Brief Description for the index
NORTH CAF1 JNA GENSM WARRANTY D®
THIS D® trade- this 28th day of April, 1997, by ary3 between
GRAN-MR
HUM (521 Drima- W, INC.
CtiiTMW
Ill1NIIiC. J. DM OMN sad fife,
LYNN H. DCIDVAN
2905 Stratford Drive
Greensboro, Forth Carolina 27408
[rtr in giXWiate block for eMM Arty. ra uUma and if late ewreter 0 wen
H e Y rnrfv>stim Q prtrwAnip
717* de-signati- Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assiT3,ts, and shall i.-aclude singular, plural, masculine, feminine or neuter
as required by context.
WTIH W91H, that the Grantor, for a valuable consideration paid by the Grantee, the receipt
of wtuch is bereby acknowledged, has and by these presents does grant, bargain, yell and
OWrvey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the
City Of_ , RATber
partiarlarly c as follows p, Pamlico County, North Carolina and aDxE
gi
Being all of Lot NuaTber TEei (10), Brow Qvek Deve q:rrie it, as shots. on the map
recorded in Plat Cabinet A at Slide 75-4 of the Pamlico Cotutty Registry.
Subject to the provisions of that certain Declaration of Restrictions, ramrded
in Book 287 at Page 955 of the Pamlico County Registry.
Subject to the pnx-isicns of the Subdivision Street Disclosure StatEmerm recorded
in Book 287 at Pace 952 of the Pamlico Cctmity Registry.
M.f• ter Assoc. ions eo. 7 e 1977
er,nt ed Dr aqr eaasen; .,itn ;r.e a.C. Par A&_ ono;
EXHIBIT #1
322. Pace 517. File N,=h-er
2 of 2
r
Book Pago
0322 0518
The property hereinat?ve described was acquired by GrariZor by in8truient reeortW in Book
Page , Pamlico 00vnty Regietry.
A map showing the b-ve described pn-yxsty is recorded in Plat Cabinet A, slide 75-4, Pamlico
Oxtaty Registry.
To HAVE AND M HDID the aforesaid lot or parse U land and all privileges and appurterkme s
thereto belonging to the Grantee in fee single.
And the Grantor covenants with the Grantee, that Grantor is seized of the prenises in fee
simple, has the right to convey the safe in fee simple, that title is narkerable and free and
clear of all encnrrbrances, and that Grantor will warrant and defend the title against the
lawful claims of all persons wllomoever exi:)epc for the excepcions hereinafter stated.
Title to the property heseirabove described is subject to the following exosptions
Fismants and restrictions referred to above.
IN WI'II,IISS WHEWF, the Grantor has hereunto set his hand and seal, or if corporate, has
caused. this instru a nt to be signed in its corporate nave by its duly authorized officers
and its seal to be hereunto affLmd by authority of its Board of Directors, the day and
year first above written.
D (SEAL)
By :
(SEAL)
President
ATrWr: (SEAL)
?xl Sec> story (Cbrporate Seal) (SEAL)
SM_91 W " `Sn= of WMM CAFJ .IIA, COWr_W Cr
I, a Notary Public of the Canty and State aforesaid, certify that
_ persatally appeared before me
this day and acknowledged the exaartion of the foregoing i-nstrunant.
Witness my hand and official stanp or seal, this day of
1996_
My caTmission expires:
Notary Public
SIM -935M 9D1TE OF A/A L C.=ry
I, Public of the County
and State aforesaid, certify that JCGEPH G. LIMRt rson&ncaue before
ere this day and ac)anwledged that he/sic- is 4quo r' secretary of Broom
Creek Development, Inc., a North Carolina oorpor-aticn, and that by
authority slily given and as tine act of the corporation, the foregoing
instr rrent was signed ir_ its nine by it President, sealed with
its corporate seal and attested by him/her as its Secretary.
witness my hard and official stamp or seal, this ZE6J
1997 day of April,
.
CnI
ifik?
V 6-UMENAUEn
My 1Q1 expires: it ? ?(b ?L wt, r Pita c. 5:ete o' New von
? ??? ??. ?. C?,mty Ko Ot 6,5 ;rCi4637 /
1 / f? i---f?^v) ?i? VY0-Y- •v0",?}7[y c?.Ib1iC N-tmt,er 16. 1AL
>s EF e0 be correct. This instr nmr and this certificate are duly netered at
' -61 9d in tAt Book and Page shown on the first page hereof.
T of DEELIS FOR PAKJO:) CJWIY
Depury/Assistant-register of Deeds.
U.c. w- as«. lore ¦o. • tvn
Gnnt to try ?91.m't .Ito tca ?.C. 94, lysa, 0001
322. Pace 517. File Number
EXHIBIT #2
EBX NEUSE RIPARIAN BUFFER UMBRELL MITIGATION BANK
BUFFER CREDIT PURCHASE AGREEMENT
SELLER:
PURCHASER:
PURCHASER'S PROJECT NAME:
PURCHASER'S PROJECT LOCATION:
PROJECT INDENTIFICATION NUMBER:
CREDITS PURCHASED:
PURCHASE DATE:
EBX Neuse-I, LLC
Daniel ,l. Donovan, Lynn Donovan
Browns Creek Subdivision Lot 10
Pamlico County
n/a
1,037 Square Feet of Buller in
HUC 03020204
Neuse River Watershed
July 08, 2010
AGREEMENT
1. Authorization to Sell Credits: Seller is the Bank Sponsor of the F.BX Neuse Riparian Buffer
Umbrella Mitigation Bank (the "Bank"). As the Bank Sponsor, Seller is authorized by the North
Carolina Department of Water Quality ("NC DWQ") to sell riparian buffer mitigation credits and
nutrient reduction credits to purchasers who are required, as a condition to obtaining approvals
granted by the NC DWQ, to mitigate the environmental impact of projects that they undertake.
Purchase and Sale of Credits. Purchaser hereby agrees to purchase 1,037 Buffer Credits
("Credits") from Seller, and Seller hereby agrees to sell the Credits to Purchaser.
Purchase Price. The purchase price of the Credits is $0.96 per Credit for a total price of $995.52.
Closing (in the Sale of Credits. The purchase price of the Credits shall be paid by Purchaser to
Seller at closing, by certified check or wire transfer, against delivery by Seller to NC DWQ of an
Affidavit of' Credit Purchase in a form acceptable to the NC DWQ. Closing of the sale of the
Credits shall occur within thirty days of the Purchase Date or Seller's obligation to sell the
Credits to the Purchaser shall automatically terminate (provided, however, such thirty day period
may be extended by the mutual written agreement of the Purchaser and Seller).
Purchaser's Might to Terminate. Purchaser may terminate this Agreement at any time within thirty
davs of the Purchase Date by written notice to Seller if NC DWQ or any other relevant
government agency does not require the purchase of any Credits as a condition to issuing any of
the permits or approvals necessary for the Project. Purchaser agrees to notify Seller promptly if
Purchaser becomes aware that Purchaser will not be required to purchase the Credits under this
Agreement so that Seller can offer the Credits to other parties.
6. Miscellaneous.
(a) Attorneys' Fees, etc. In the event of any litigation between Seller and Purchaser
arising out of this Agreement, the prevailing party shall be entitled to an award of its reasonable costs and
expenses incurred in such litigation, including court costs and reasonable attorneys' fees.
(b) Notices. All notices under this Agreement must be in writing and must be
personally delivered or sent by commercial or overnight courier or by mail to the notice address set forth
below (or such other address notice of which has been given in accordance with this subsection).
(c) Entire Agreement: Modifications. There are no other agreements or
understandings, written or oral, between the parties regarding the subject matter of this Agreement. This
Agreement may not be modified or amended except by a written document executed by both parties.
(d) Assignment. Either party may assign this Agreement or any of its rights
hereunder, but no assignment shall relieve the assigning party of its obligations hereunder unless the other
party expressly agrees thereto in writing.
(e) Governing, Law. The validity, interpretation and performance of this Agreement
shall be governed by and construed in accordance with the laws of the State of North Carolina, without
regard to its conflict of laws principles.
(f) Counterparts. This Agreement may be executed in counterparts. A counterpart
signature page transmitted by fax or other electronic means shall be effective as an original,
SF.LL.ER:
EBX Neuse-l, LLC , LLC
By
Name:
1?itle: -- -------------
Address:
Martin W. Hovis
909 Capability Drive, Suite
Raleigh NC 27606
PURCHASER:
Daniel J. Donovan
By: ICJ ?.??
Name: Oa,n.. / J` Utl nova-r
Title:
Address:
Daniel J. Donovan
13111 o u N/, kc rr /K r¢dovO ?d
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EXHIBIT #3 A
Exterior footprint 60 wide by 42 deep
Q19@20%qmm
JUL 8 2010
DENR - WATER OUAUTY
WETLANDS AND STORMMATER BRANCH
EXHIBIT #3
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