20160566 Ver 1_Draft Deed Restriction_20160614

Burdette, Jennifer a
From: Burdette, Jennifer a
Sent: Tuesday, June 14, 2016 9:24 AM
To: 'aaron miller'
Subject: RE: FW: 611 Elizabeth St
Attachments: Deed Restriction Example.pdf
This looks good, but you may want to see the attached example for referencing the rain garden and downspout
discharges on the exhibit and notification that modifications may be approved by the Division.
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
iennifer.burdetteQncdenr.gov
Email corretil'.Jonc'{,ence to and ii`orn thio; a('{"'{I`ess o; sut`J ect to t1he
Pv'odhl Carolina Public Rai:'o1"ds L w and 1`Y7ay be dl`ii:'losed to thloi d I'.'s'ai{`fes,
From: aaron miller [mailto:[e-mail]]
Sent: Monday, June 13, 2016 2:56 PM
To: Burdette, Jennifer a <[e-mail]>
Subject: FW: FW: 611 Elizabeth St
Jennifer,
I never received email on a sample deed restriction. This is what RJ typed up for us. Will this be satisfactory? If not
what else is needed. I hope to have the application with all missing items to you in the next day or two.
From: Ronald Antonelli[mailto:[e-mail]]
Sent: Monday, June 13, 2016 9:32 AM
To: aaron miller <[e-mail]>, Terry Thayer <[e-mail]>, Tony Patterson
<[e-mail]>
Subject: Re: FW: 611 Elizabeth St
Attached proposed deed restriction. If she needs it more specific, we can add the address and maybe the parcel
id below the restriction. I went ahead and made it an exhibit instead of adding to the legal description.
On Mon, Jun 13, 2016 at 9:09 AM, Ronald Antonelli <[e-mail]> wrote:
Excellent

On Mon, Jun 13, 2016 at 9:05 AM, aaron miller <[e-mail]> wrote:
Should have it all together today
From: Ronald Antonelli[mailto:[e-mail]]
Sent: Monday, June 13, 2016 8:55 AM
To: aaron miller <[e-mail]>, Terry Thayer <[e-mail]>, Tony Patterson
<[e-mail]>
Subject: Re: FW: 611 Elizabeth St
I'll prep a quick deed restriction and email it over. This requires all owners to maintain the rain garden as a
condition of ownership and will be beneath the legal description. How are the remaining items coming along
for the application update?
On Mon, Jun 13, 2016 at 8:38 AM, aaron miller <[e-mail]> wrote:
RJ,
Can you get us something for 49?
From: Burdette, Jennifer a[mailto:Jennifer. [e-mail]]
Sent: Friday, June 3, 2016 12:46 PM
To: [e-mail]
Subject: RE: 611 Elizabeth St
Aaron,
I've submitted the Division's letter requesting additional information for my supervisor's signature, but will
not be able to email it until Monday. Listed below are the items that are included in the letter. I've attached
a blank 0&M for rain gardens for your use. I will have to get you guidance for the deed restriction next
week. I've also attached the help document for the application. It should be helpful in explaining how to
complete the application form and where to find resources for completing the form.

1. Provide an 8 �/z x 11 excerpt from the most recent version of the USGS topographic map indicating
the location of the site. (See 5d of the Variance Application Help Document) [15A NCAC 02B
.0233(8)(b)(iii)]
2. Provide a copy of the map recorded in map book 1 at page number 155 (See 6e of the Help
Document) [15A NCAC 02B .0233(9)(i)]
3. Provide photographs depicting the construction completed at the time you were notified that
construction of the home would require a variance from the Neuse Buffer Rule. [15A NCAC 02B
.0233(9)(i)]
4. Add the square footage of buffer impact resulting from the rain garden to the impact table at C.1.
[15A NCAC 02B .0233(8)(b)(ii)]
5. Complete the total buffer impacts section of the impact table at C.1.
6. Buffer mitigation is required for the proposed buffer impacts. Please submit a mitigation plan
detailing the amount of buffer impact for Zone 1 and/or Zone 2 and how the impact will be
mitigated. From our meeting, I understand that you plan to mitigate the buffer impacts through
payment into a buffer restoration fund. You will need to submit an acceptance letter from the
mitigation bank that you propose to use stating that they have the mitigation credits available for the
mitigation requested. See 3.b. of the Variance Application Help Document [15A NCAC 02B
.0233(9)(ii)]
7. Provide an estimate of the square footage of impervious area that will be directed to the proposed rain
garden. [15A NCAC 02B .0233(9)(iii)]
8. Provide a planting plan for the proposed rain garden including the number and species of plants to be
planted. Please see the following website for planting guidance http://water.monroenc.org/wp-
content/uploads/Buffer-restoration-guide-NCDENR.pdf [15A NCAC 02B .0233(9)(iii)]
9. Provide a draft deed restriction that will ensure that the rain garden and drainage to them will be
maintained in perpetuity. Guidance and sample documents will be to emailed to you for your use.
10. Provide an operation and maintenance agreement for the rain gardens. Guidance and sample
documents will be to emailed to you for your use.
Thanks,
Jennifer
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
0ennifer.burdette(a)ncdenr.gov

1617 Mail Service Center
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Email C:'orretil'.Jol?"'{,ence to and i,` 'orn thio; a('{"'{I`ess is sutYect to t1he
P,Iodhl Carolina Public Records L w and rnay be dl`ii:'losed to thloi d I'.'s'ai{`ies,
From: [e-mail][mailto:[e-mail]]
Sent: Wednesday, June 01, 2016 5:29 PM
To: Burdette, Jennifer a <Jennifer. Burdette@ncdenr. gov>
Cc: [e-mail]; [e-mail]; Tony Patterson
<tony_(@pattersonbuilt.com>; [e-mail]; [e-mail]
Subject: Re: 611 Elizabeth St
Jennifer,
I haven't seen the list if what we were missing from our application. Can you please get that to me as soon as you can so I can get
things back to you.
Thanks,
Aaron Miller
Thayer Custom Homes
919-2R9-0468
------ Original message ------
From: Burdette, Jennifer a
Date: Thu, May 26, 2016 9:36 AM
To: aaron miller;
Cc: terryk.thayercustomhomes.com;Kristi Thayerjony Patterson;Ronald Antonelli;erick.pattersonbuilt.com;
Subject:RE: 611 Elizabeth St
Aaron,

I left you a message on Monday asking you call me. Unfortunately, your application is not yet complete and
will not make the July deadline for the EMC. However, as I mentioned on Friday when you dropped it off, we
are requesting delegation of certain major variance requests from the EMC at the July meeting. Your project
would qualify for Division approval if this delegation is granted. I will prepare a letter early next week that
itemizes the additional information that will be need to process the variance request.
Jennifer
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
0ennifer.burdette(a)ncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
Email C:'orretil'.)onc'{,ence to and ii`orn thio; a('{"'{I`ess o; sut`J ect to t1he
Atotir"I Carolina Public Rai:'o1"ds 'Law Vit d 1`Y7ay be dl`ii:'losed to thloi d I'.'s'ai{`fes,
From: aaron miller[mailto:[e-mail]]
Sent: Thursday, May 26, 2016 9:25 AM
To: Burdette, Jennifer a <[e-mail]< a=""»</jennifer.burdette@ncdenr. ov<>
Cc: [e-mail]; Kristi Thayer <[e-mail]< a="">>; Tony

Patterson </[e-mail]<><[e-mail]< a=""»: Ronald Antonelli
</[e-mail]<><rina,antonellilawfirm.com< a=""»:</rina,antonellilawfirm.com<>
[e-mail]
Subject: 611 Elizabeth St
Jennifer,
Just wanted to touch base with you and see how things looked on our application. Please let me know if
there is anything else you need from us.
Thanks,
Aaron Miller
Thayer Custom Homes
919-289-0468
Have a great day!
Best,
RJ
Ronald J. Antonelli, Esq.
101 Cosgrove Avenue, Ste 200
Chapel Hill, North Carolina 27514
[phone] Direct / Cel.
[phone] Fax
[phone] Main

ri ,antonellilawfirm.com
antonellilawfirm.com
Raleigh Clients may visit us at:
8801 Fast Park Drive, Ste. 301
Raleigh, NC 27617
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18
U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any
attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended
recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY
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attachments without reading or saving it in any manner.
Have a great day!
Best,
RJ
Ronald J. Antonelli, Esq.
101 Cosgrove Avenue, Ste 200
Chapel Hill, North Carolina 27514
[phone] Direct / Cel.
[phone] Fax
[phone] Main
ri ,antonellilawfirm.com
antonellilawfirm.com
Raleigh Clients may visit us at:
8801 Fast Park Drive, Ste. 301
Raleigh, NC 27617
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C.
Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any
attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended
recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY
PROHIBITED. Please contact the sender immediately by return e-mail or at [phone], and destroy the original transmission and its
attachments without reading or saving it in any manner.
Have a great day!

Best,
RJ
Ronald J. Antonelli, Esq.
101 Cosgrove Avenue, Ste 200
Chapel Hill, North Carolina 27514
[phone] Direct / Cel.
[phone] Fax
[phone] Main
ri ,antonellilawfirm.com
antonellilawfirm.com
Raleigh Clients may visit us at:
8801 Fast Park Drive, Ste. 301
Raleigh, NC 27617
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C.
Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any
attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient,
any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY
PROHIBITED. Please contact the sender immediately by return e-mail or at [phone], and destroy the original transmission and its
attachments without reading or saving it in any manner.

DEED RESTRICTION
The property conveyed by way of this instrument, and further described in Exhibit A herein, is
located on or adjacent to the Neuse River Riparian Buffer, Zones 1 and 2, and any encroachment into the
riparian buffer has been mitigated with the approval of the State of North Carolina Department of Water
Resources. This parcel has a rain garden and impervious surface runoff and drainage systems situated
thereon for the purpose of controlling and diffusing storm water runoff in and through the riparian
buffer, and which shall be maintained by the record owner of the subject parcel at all times and in a
manner consistent with requirements imposed by the Department of Water Resources, as a condition of
such record owner acquiring ownership of the property. In addition, record owner shall not place any
structure or other impediment on the subject parcel that impedes the flow of storm water runoff on and
through the property or otherwise impacts the rain garden or drainage systems installed on the property.
This Deed Restriction shall run with the land and be a requirement of any future bona fide purchaser for
value or record owner of the property.
Property Address: 611 N. Elizabeth St., Durham, North Carolina