20110794 Ver 1_Emails_20111003 (68)

Euliss, Amy
From: Hilary Rauch [hrauch @infionline.net]
Sent: Monday, October 03, 2011 6:22 PM
To: Leonard, Shannon
Cc: Wrenn, Brian
Subject: 1992 drainage easement
Mr. Leonard:
I would like to ask you to re -visit DENR's position re not requiring NCDOT to repair and install an effective outlet protection at their 24" drainage
pipe outfall on Mr. Rishel's property on the basis that NCDOT apparently does not have legal access to such outlet protection.
I have recently reviewed, at the Guilford County Register of Deeds Records Research Center, all the recorded land records for Mr. Rishel and find
that (1) on the Final Plat (Plat Book 106 Page 12) registered 27 August 1992 of the Rishel property there is a 60' drainage easement across the Rishel
property from Guilford College Road to the property line between the Rishel property and the Rauch property, and (2) there is no record that the
foregoing easement has been revised or revoked.
I have also examined the Guilford County Plat Reference Information System (the current Plat Map GIS for Guilford County, North
Carolina Digital Collection) on the internet and find the above - referenced Plat from Plat Book 106, Page 12 still included in the current
collection with the drainage easement still recorded thereon.
I have also recently reviewed, at the Guilford County Superior Court Records Center, the entire file they have for the Consent Judgment dated 13
April 2007 (File No. 2005 -CVS -9229) and find that: (1) under this Judgment NCDOT acquired, among other things, (a) a fee simple tile to a New
Right of Way adjoining existing Guilford College Road right of way along the entire length of Rishel's property (this is a narrow strip of land varying
in width from about 7.5 feet to 7.6 feet), (b) a Permanent Drainage Easement to a small rectangular piece about 20 feet by 23 feet adjoining the New
Right of Way at the low point of this section of the widening Project for a junction box where stormwater is collected from both sides of the road and
directed into the 300+ foot long 24" underground drainage pipe that discharges on to Rauch's property, and (c) a 300+ foot long and about 35 feet
wide Temporary Drainage Easement across the Rishel property from the Permanent Drainage Easement in (b) above to the Rauch property line in
which the 24" Drainage Pipe and so- called Dissipater were installed; and (2) the 60' wide drainage easement that shows on the 1992 recorded plat of
the Rishel property is not altered or revoked by the terms and conditions of this Judgment. A NCDOT R/W drawing dated 2/22/2005 in the Superior'
Court's Consent Judgment file even also shows the 60' wide drainage easement that shows on the 1992 recorded final plat of the Rishel
property. The Temporary Drainage Easement acquired by NCDOT under the Consent Judgment of 2007 reverted to the Rishels upon completion of
the widening Project, but the earlier 60' drainage easement was neither changed nor revoked by that action.

Based on the foregoing, I would submit that there is still a 60' wide easement across the Rishel property that gives NCDOT access to the 24"
drainpipe and dissipater in question. Therefore, it is requested that DENR require NCDOT to immediately repair and install an effective outlet
protection at the 24" drainage pipe outfall so that the continuing erosion damage to my property is minimized if not eliminated.
Thank you for your further consideration in this important and urgent matter. Please let me know when you have taken action on this request.
Hilary Rauch