20130570 Ver 2_Emails_20140715

Burdette, Jennifer a
From: Burdette, Jennifer a
Sent: Tuesday, July 15, 2014 1:44 PM
To: 'Byron Trimmer'; Jessica Trimmer
Subject: RE: BMP documents for Rain Garden at 8909 Oxbridge Ct...
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 If the buffer rules were to be repealed in the future, you may submit a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.
3. 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."
Raleigh, NC 27699 -1617
(919) 807 -6364 phone
0ennifer.burdette @ncdenr.gov

"Please note our new mail service center number"
From: Byron Trimmer rmailto:btrimmerl a)yahoo.com]
Sent: Saturday, June 28, 2014 10:46 PM
To: Lucas, Annette; Burdette, Jennifer a
Cc: Jessica Trimmer
Subject: BMP documents for Rain Garden at 8909 Oxbridge Ct...
Hi Jennifer and Annette,
Here is my first pass at the final BMP docs for the rain garden. It took a bit longer than I had
hoped. Please review and let me know if this meets the requirements and what, if any, changes or
additions need to be made.
Thanks,
Byron