HomeMy WebLinkAbout20201940 Ver_2_Rosewood Easmnet Plat Communications_20220818From:Merritt, Katie
To:Hamilton, Ryan
Subject:FW: [External] RE: Easement Plat - Rosewood Area C
Date:Friday, August 19, 2022 8:42:08 AM
Attachments:Rosewood Communication with Attorney.pdf
Please file the email chain below and the attached PDF with 2020-1940v2
thanks
From: Andrea Eckardt <aeckardt@wildlandseng.com>
Sent: Thursday, August 18, 2022 5:46 PM
To: Merritt, Katie <katie.merritt@ncdenr.gov>
Subject: [External] RE: Easement Plat - Rosewood Area C
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Katie
That highlighted area cannot be maintained within the conservation easement.
Neither the surveyor nor the attorney who did the title work found documentation giving anyone
any rights to the “drainage easement”. Its solely a reference from the previously recorded plat.
Attached is our communication with the attorney to that affect.
As you can see from the first email, we had DWR in mind when we asked for the information. We
investigated getting it removed from the plat since it is misleading but weren’t able to do that since
there is nothing to “release”.
Let me know if you need any additional information.
Andrea
Andrea S. Eckardt| Ecological Assessment Team Leader
704.560.2997
Wildlands Engineering, Inc.
1430 S. Mint St, Suite 104
Charlotte, NC 28203
From: Merritt, Katie <katie.merritt@ncdenr.gov>
Sent: Thursday, August 18, 2022 4:12 PM
To: Andrea Eckardt <aeckardt@wildlandseng.com>
Subject: Easement Plat - Rosewood Area C
Hey Andrea,
Please see my comment on the highlighted area in the attached easement plat for Easement C on
the Rosewood Plat and please respond when you get a chance.
Thanks
Katie
Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
Office: 919-707-3637
Work Cell: 919-500-0683
Website: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
permitting-branch
512 N. Salisbury Street, Raleigh, NC 27620
1617 Mail Service Center, Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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Andrea Eckardt
From:Tammy Pfaff
Sent:Tuesday, December 14, 2021 4:05 PM
To:Robert Bugg; Andrea Eckardt
Subject:FW: Rosewood Project Springhill Farms
Attachments:Survey ROSEWOOD BUFFER_RECOMB_D_112221_for review.pdf; Plat Cabinet L, Slide 26-E.pdf
Will the email below from Trey work if you have to provide something to DWR?
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tammy Pfaff | Paralegal
O: 704.332.7754 M: 828.387.7404
Wildlands Engineering, Inc
1430 S. Mint St, Suite 104
Charlotte, NC 28203
From: Trey Taylor <taylor@warrenkerr.com>
Sent: Tuesday, December 14, 2021 3:58 PM
To: Tammy Pfaff <tpfaff@wildlandseng.com>
Subject: FW: Rosewood Project Springhill Farms
Tammy,
My title search did not reveal any easement document signed by the property owner and recorded in the Wayne County
Registry conveying drainage easement rights to adjoining landowners or otherwise restricting the activities which can be
conducted within the 20’ drainage easement and ditch shown on the map. My assumption is that the surveyor showed
the 20’ drainage easement and ditch on the map because the surveyor located the ditch on the ground during the
physical survey of the land. My guess is that the surveyor assumed that adjoining landowners have rights in the free
flow of water through the ditch such that the property owner cannot stop up or block the ditch and thereby back up
water on the upstream adjoining landowners and the property owner cannot divert the ditch to funnel and accelerate
the flow of water and thereby flood or erode the downstream adjoining landowners.
I hope this answers your questions. Let me know if you want to discuss this matter further.
Trey
L. E. (Trey) Taylor III, Attorney at Law
Warren, Kerr, Walston, Taylor & Smith, L.L.P.
117 Ormond Avenue
Goldsboro, N. C. 27530
Telephone No. (919) 734‐1841
Fax No. (919) 734‐4215
Email: taylor@warrenkerr.com
NOTICE: The communication (including any attachments) contained in this message is attorney privileged and confidential
information intended only for the use of the individual or entity named above. If the reader of this message is not the intended
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recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you
have received this communication in error, please immediately notify us by reply email or telephone and delete this message.
NOTICE: IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S.
federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be
used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
From: Trey Taylor
Sent: Thursday, December 9, 2021 5:50 PM
To: Tammy Pfaff <tpfaff@wildlandseng.com>
Subject: RE: Rosewood Project Springhill Farms
Tammy,
There is a 20’ drainage easement and ditch shown in Plat Cabinet L, Slide 26‐E. I mentioned this Plat in my PTO but
apologize for not specifically highlighting the easement as one of the items shown in the Plat. I assume the ditch exists
on the ground, and since it is also shown in the recorded Plat, I don’t think the surveyor can remove it from his survey
map. I think the big question is whether this is a blue line stream. I trust that Wildlands has experience in obtaining
such determination. Let me know if you want to discuss further.
Trey
L. E. (Trey) Taylor III, Attorney at Law
Warren, Kerr, Walston, Taylor & Smith, L.L.P.
117 Ormond Avenue
Goldsboro, N. C. 27530
Telephone No. (919) 734‐1841
Fax No. (919) 734‐4215
Email: taylor@warrenkerr.com
NOTICE: The communication (including any attachments) contained in this message is attorney privileged and confidential
information intended only for the use of the individual or entity named above. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you
have received this communication in error, please immediately notify us by reply email or telephone and delete this message.
NOTICE: IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S.
federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be
used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
From: Tammy Pfaff <tpfaff@wildlandseng.com>
Sent: Thursday, December 9, 2021 3:17 PM
To: Trey Taylor <taylor@warrenkerr.com>
Subject: Rosewood Project Springhill Farms
Trey,
The survey for the above referenced property revealed a 20’ drainage easement and drainage ditch between Lots 73 and
74 (see attached). The surveyor didn’t find a recorded drainage easement and there are no drainage easements listed
on your preliminary title opinion.