NCG551645_Correspondence_20240322 (3)

Re: [External} 629 Donlee Rd - Sand Filter System Questions
Jeff Goldman <jeffcgoldman@gmad,com>
Fri M22; 2024 9:09 PM
To:Bernard, lane <[e-mail]>
Cc:Arden Shelton <arden [e-mail]>:Chr s Hawn<chr'[e-mail]>;Emily Roberts <emilyjof neitrealtycom>;Tavi Hawn <[e-mail]>,Manuel,
Vanessa <vanessa [e-mail]>;Rogers, Richard E<[e-mail]>.Hall, Michael <[e-mail] go4>
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Ok, thank you Jane. To be clear, I'm not setting this up as if our client's are trying to not inform the next buyers. It's merely to find out who is
responsible for the previous violations and if there's a mechanism in place to be sure that the consumer is made aware of it when they purchase.
It appears there really is no mechanism except the hope that a seller discloses it. Which the previous owners did not.
Regards,
JEFF GOLDMAN I Manaojag Broker
A 308 W Main St. Durham NC 27701
M 919.909 5400
On Fri, Mar 22, 2024 at &:42 PM Bernard, Jane <jane.bernard@deg,1Cgw5 wrote.
Possible civil action. Would it not be unethical? At this point it is in violation of the permit. I did not write A as a violation because the new
owners were not aware If the deadlines in the letter are not met I can follow-up with further action if needed
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From: Jeff Goldman <jeffcgo man gmail.com>
Sent: Friday, March 22, 2024 4:15:25 PM
To: Bernard, lane <Iane.bernardraldeamc >
Cc: Arden Shelton <arden.shelton0nestrealty comm>; Chris Hawn <[e-mail]>; Emily Roberts <emiiyjg@rL streafty.com>; Tavi Hawn
<tavi(@redaimnse.com>; Manuel, Vanessa <vanessa.manuelOwdeq.nc.gov>; Rogers, Richard E <nchard.rogers0)deq.nc.Rov>; Hall, Michael
<michael.hallCla deo.nc v>
Subject: Re: (External) 629 Donee Rd - Sand Filter System Questions
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Thank you lane. If a permittee does not fix the problem or if the permittee does not disclose the items to future buyers, what is the
consequence?
Regards,
JEFF GOLDMAN I Managing Broker
A 308 W Ma n St. Durham NC 27701
M 919.909,5400
On Fri, Mar 2?, 2024 at 1.40 PM Bernard, Jane <Jane.bernard0deq,qI;.g4_v> wrote:
It is the Permittee's responsibility to fix the problems. We visit the sites every 3 S years. If time allows follow. ups are completed. It is also the
Permittee's responsibility to disclose all information and records to the buyer, We try to track progress but unfortunately we have over 800 of
these permits and all of our staff are tasked with numerous SFR inspections per quarter in addition to their primary job duties.
If I am contacted by a buyer they are given all information available.
Jane R. Bernard, Environmental Specialist II
Water Quality Regional Operations Section
NEW EMAIL- jane.bernardeq,nc.gov
Office: [phone] Cell- [phone]
Division of Wa'. ... sources, 3800 Barrett Drive, Raleigh, NC 27609
web page:b.Uo://www.ncwater.orgLlncwater.orgl
Interactive Permit Map:
Mips://ex perience.arcgis.com/experience/689283dl 7bf342c2a96364tbab09a5d8

Public Record Files:
hips:/ledocs.degmgovlWaterRgsources/Welcome.aspx?dbid -0&repo=WaterResources&-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Jeff Goldman <1etfrgoldman@gm&L m>
Sent: Friday, March 22, 202410:28 AM
To: Bernard, Jane <jane.bernard@d.W,pcgQy>
Cc: Tavi Hawn <tayi@reclaimEb&&om>; Chris Hawn <chrislamonthaw00gmail com>; Emi y Roberts <gg11,yjg@a nestrealty.com>; Arden Shelton
<[e-mail]>; Jeff Goldman <ieff gg1dMp,@0C1tEeaSy.com>; Rogers, Richard E <richard.rogers@_dW,pc ggy>; Hall, Michael
<michael.hall@dea c: ow; Manuel, Vanessa <vanessa.manuelfte nc.gQy>
Subject: Re: (External[ 629 Donlee Rd - Sand Filter System Questions
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Good morning Jane I'm Jeff Goldman the managing broker at Nest Realty. My one question for you all is when a violation (or documented
issue) is discovered, what is the mechanism you all use to ensure it either is fixed or the seller is prevented from just passing along that
issue to the next unsuspecting buyer? ie. A deed recording?
On Fri, Mar 22, 2024. 8:37AM Bernard, Jane <Jane.bernard@deq nr.govv> wrote:
Good Morning,
I have attached the Final Inspection Letter.
Feel free to call if any questions.
Jane R. Bernard, Environmental Specialist Il
Water Quality Regional Operations Section
NEW EMAIL- jane.bernard@de- nc.gov
Office: [phone] Cell- [phone]
Division of Water Resources, 3800 Barrett Drive, Raleigh, NC 27609
web page: bdp,//ww .ncwater.orgL[pcwaterorgj
Interactive Permit Map:
fps:/lexperience,arcgis cam xperience/689283dl7bf342c2a96364fbab49a5d8
Public Record Files:
hUps://edocs.deq.nc.govjWaterResources/Welcome.aspx?dbid=0&repo=WaterResources&
Email correspondence to and from this address Is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bernard, Jane <jane.bernard@deo—ggy>
Sent: Thursday, March 21, 20241:11 PM
To: Taw Hawn <tavi@reclaim rise.com>
Cc: Chris Hawn <[e-mail]>; [e-mail] cg'[e-mail]>; Arden Shelton <[e-mail]>; Jeff
Goldman <k&goldman(olnestrealt. >; Rogers, Richard E <[e-mail]>; Hall, Michael <michael.hall(Mdeo,nc.gQy>; Manuel, Vanessa
<yanessa,manuel@deo mg2y>
Subject: Re: IExternall 629 Donlee Rd - Sand Filter System Questions
To avo d all these emails back and forth, I have completed the letter and submitted it for signature. As soon as it is signed I can email it to all
on this thread. Our records are public record so it shouldn't be a problem.
Jane R. Bernard, Environmental Specialist II
Water Quality Regional Operations Section
NEW EMAIL- [e-mail]
Office: [phone] Cell- [phone]
Division of Water Resources, 3800 Barrett Drive, Raleigh, NC 27609
web page: htto://www.ncwater.org/ [ncwaterorgI
Interactive Permit Map:
htUpsalexperience.arcgis.com1experience/689283d 17bf342c2a96364fbab09a5d6
Public Record Files:
taps://edocs.deq,ilr,,gov/WaterResources/Welcome.aspx?dbid=0&repo=WaterResources&cr=
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Tavi Hawn <tavi redatmrise.com>
Sent: Thursday, March 21, 2024 11.28 AM
To: Bernard, Jane <jane.bernar JPdw Lggy>
Cc: Chris Hawn <[e-mail]>; [e-mail] <[e-mail]>; Arden Shelton <arden.shelton@.nestrealty.com>; Jeff
Goldman <jgff g I m n nestrealty.cam>; Rogers, Richard E <ri h r .r g rg�@ a .�gui >; Hall, Michael <michael.hallf�AU p�,gQy>; Manuel, Vanessa
<vanessa.manuel@degmLggy>
Subject: Re. (External] 629 Doniee Rd - Sand F.Iter System Questions
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Hi,
Thank you everyone for try ng to clar fy what's going on with this
In reading both emails, I have some questions. When Jane s email says: The inspection was the result of a complaint regarding the lack of UV
disinfection. I just received a note from Vanessa Manuel (copied on this email as well as my immediate supervisor Michael Hall) that stated
"UV not working".
thought our system didn't have UV so I'm not sure if that complaint is mistaken or if I'm still not understanding this system.
In terms of the dechlorinator, the ema.I says "suspected discharge" and that the dechlorinator hasn't been located yet due to leaves. So from
my understanding a problem hasn't been confirmed yet, is that right?
I lust want to make sure I'm understanding this as best I can.
Thanks,
Tavi Hawn, LCSW-C
Pronouns They/Them/The.r
www. r ec l a i ma n d ri s eth a ra py.0 om
Author %velbsite: b tps://tavihawn.corn/
tMps://www.indiancountrvechgmg(p-mgram/trans-and gender affirming care/
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On Thu, Mar 21, 2024 at 9-22 AM Bernard. Jane <jane-bernard@deq,ncc gov> wrote:
The inspection was the result of a complaint regarding the lack of UV disinfection. I just received a note from Vanessa Manuel (copied on
this email as well as my Immediate supervisor Michael Hall) that stated "UV not working". The facility was on the list for an inspection this
year so I requested that it was assigned to me so it did not get inspected multiple times this year.
Our files can be viewed at the link below. Public Record Files:
https:Hedocs.deq.nc.gov/WaterResourceslWelcome.aspx?dbid=0&repo=WaterResources&cr=
Water Quality Permitting (Raleigh Region)
NPDES WW
Enter the Permit Number in the search bar "NCG551645"
The 2019 inspection was completed by Vanessa Manuel and can be viewed in our Public Record, link above and in the signature line.
My inspection will be uploaded as soon as I complete the letter and get it signed by Vanessa Manuel.
I can make arrangements for the rest of the file to be uploaded as well.
Vanessa's inspection (September 10, 2019) was not written as a violation.
In her inspection she does refer to the chlorinator and dechlorinator and that both were being utilized.
Samples (annual permit requirement) were requested and submitted. The results indicated that TSS exceeded the permit limit and the BOD
was not sampled. CBOD was sampled wh-'ch is the incorrect parameter, should have been BOP. I can not locate any follow-up sampling or
the Permit required annual sampling. All samples are to be maintained by the Permittee.
I am not sure why you are referring to soil samples in your email. Soil samples are not required. Effluent samples are required on an annual
basis.

During my site visit the chlorinator (as discussed) appears to be corrugated plastic pipe stuck in the ground. I could not locate the discharge
pipe or the dechlorinator. I can not say the dechlorinator is not there. The leaves were to deep past the fence to safely walk and explore.
The area I believe the discharge pipe is appears to have a deep ditch but could not locate the end of the pipe. Picture is just to show the
depth of the leaves. The actual area for the suspected discharge is over to the left of this area.
i have written the inspection up as an inspection only, as a result of new owners
Vanessa is now my supervisor and she has the final say on all inspections.
Jane R. Bernard, Environmental Specialist I
Water Quality Regional Operations Section
NEW EMAIL- jane.bernard deq.nc.gov
Office: [phone] Cell- [phone]
Division of Water Resources, 3800 Barrett Drive, Raleigh, NC 27609
web page: b,t p: .orgy(ncwater.orgI
Interactive Permit Map:
httpaAupadeDgg,mgis.com/e perience/689283dl7bf342c2a96364fbabO9a5d8
Public Record Files:
https://edocs.deq.nc.govLWaterResources/Welcome.aspx?dbid=O&_repo=WaterResources&cr=
Em&f correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Emily Jo <CMdyj r s nestrealty.&M>
Sent: Wednesday, March 20, 2024 7:50 PM
To: Bernard, lane <jane.bernard(adea,,Qr ggy>; Tavi Hawn < avi redaimrise.com>; Chris Hawn <[e-mail]>
Cc: Arden Shelton <arden.shelton@nestreaIJy,=>; Jeff Goldman <[e-mail]>; Rogers, Richard E <richard.rogers@d&g&rr g4y>
Subject: (External} 629 Donlee Rd - Sand Filter System Questions
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Hi All.
I am reaching out regarding 629 Donlee Dr in Durham, NC. This is a bit of a long email, but trying to get everyone on the same page so
we can figure this all out.
Myself and Arden are representing the sellers - Tavi and Chris - in selling their home. Their home has a sand filter system and we have
been working to ensure we were presenting all the information properly on this type of system to any buyers looking to buy the home.
We have worked closely with McFarland Septic and they have been an incredible resource for us and the sellers as we have been
navigating the nuances of a sand filter system.
We received a notice from Jane Bernard on January 4th regarding the property and some history on the system. I have attached the
screenshot of that email. (That email did not note any mentions of previous violations on the property)
After that email, we proceeded with the sellers to ensure the system was pumped, and the outstanding invoice paid. McFarland noted
after we pumped, we could not do the soil sample because the house was now vacant. So the soil sample had not been performed, but
the sellers were willing to offer that cost to a buyer to have it done following closing.
Jane reached out to the sellers and myself noting that she was either at the property and needed access or would need them to meet her
at a time selected by her for access. We simply could not get a good time to meet.
spoke with Jane and she updated me on a "complaint" concerning the UV Light. I am no sand filter system expert, but I wasn't aware
this system had a UV light but rather a chlorinator. We had McFarland out to double-check us on that and they did confirm there was no
UV light in this system.
Arden - my business partner - followed up with Jane to see if we could get more information on the complaint for the sellers. We were
told the complaint was sent to Jane's supervisor, but that was all the information she could offer and that it was "anonymous."
Jane visited the property yesterday and noted that there was an issue with the current chlorinator. Jane - could you provide us with
photos of the chlorinator so we can ensure we are all looking at the same thing?
Jane informed Arden that there were violations for the property dating back to 2018 when the last inspection was performed by the
previous owners. We are trying to understand how these violations were never conveyed to the sellers when they purchased the property
in 2022? How are the violations recorded and where are they posted or held? Is this not something that would prevent a seller from

conveying a clear title? This feels majorly important: lout the title was clear according to the attorney who performed the closing because
no mention was made otherwise.
We are working diligently and really hard to get this right for everyone involved - the sellers and the current buyers. We feel our sellers
were not provided sufficient information prior to buying the home based on the current information we've received. They had an
inspection performed on the system by a certified sept'c company prior to their purchase and the inspection did not note any of the
issues we are being presented with, nor did the llstng agent. Arden and myself did not represent the buyers when they purchased the
home.
And now the sellers are disadvantaged n the process of selling this home because this information wasn't accessible to them prior to
purchasing it.
We are asking for any documentation regarding 629 Donlee Dr in regards to any inspections, violations, and any other
information that can be provided to help the sellers determine how they are going to proceed and what avenues they will need to
take to determine who is at fault for this information not being accessible or provided to them prior to buying the home.
There are a ton of moving parts in this process. And again, we are here to help facilitate this for our sellers to get this right for everyone
involved.
Thank you,
EMILY ]O
Brokerl Nest Realty
308 W. Main Street Durham, NC 27701
M 919.280.2072
E emilvioCanestrealty.com
W nestrealtv.com
Email correspondence to and from this address may be subject to the NOM Carolina Public Records Law and may be disclosed to third parkas by an authorized stale official.

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