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Kassie Goodson Watts From: Dennis Testerman Sent: Wednesday, June 10, 200911:03 AM To: Kassie Goodson Watts Cc: Richard Koch Subject: Fw: Rocky Glen Preliminary Plat Extension Comment Request Attachments: Comment request.docx; Planning2007.pdf Kassie-- As promised, I'm sending this email to summarize our recent conversations. Below I reference documents I have provided to you and Rich. I plan to attend the P&Z Commission mtg. on 6/18. Prior to that meeting, I anticipate submitting a memo to the P&Z. Comm. after the county attorney has had a chance to review commitments made on this property. As I already discussed w/ you, I am not sure why the applicant and/or his consultants did not communicate significant changes that have been made to the preliminary plat approved on 7/19107. I am requesting a revised plat in order for me to make a more thorough review. I recommend that the P&Z Commission also review a revised plan before voting on the requested extensions. Until I receive a revised plat, the plat review comments I submitted on 4/30/07 still stand. Also note that the 5/02/07 Rocky Glen Open Space Mgt. plan reflected comments that I submitted which are consistent with other decisions that I am referencing in this email. The primary concern of Cabarrus SWCD is a utility easement (actually 2 utility easements) recorded on 11/06/07, nearly 4 months after plat approval. The approved plat indicated "4.534 AC. primary open space (to be donated to conservation agency). The 7/19/07 P&Z Comm. minutes further document the developers commitment to (make this a conservation area with the Conservation District." The SWCD's interest in a conservation easement is to of permanently conserve a wooded riparian buffer on a stream that flows into another stream already protected by a conservation easement held by the state. During a 3103/08 meeting with City of Monroe staff and their consultant that I requested, I made known that Cabarrus SWCD had made formal requests during county and municipal plan review processes for conservation easements from Rocky Glen developer Randy Scribner and other prospective developers. Due to lack of opportunity for public comment on environmental impacts of the proposed City of Monroe gas pipeline, the Cabarrus SWCD board voted on 8112/08 to convey their opposition to the pipeline to the county BOC based on environmental impacts and soil concerns. I remain unclear as to why the developer did not exercise legal authority apparently granted to him by the property owner to convey easements by finalizing the conservation easement w/ the SWCD. One of the legal opinions that I am hoping the county attorney will make is whether a utility easement can be granted--w/o SWCD consultation--when the approved plan included a conservation area unencumbered wl any other easements. If the county successfully required a realignment of the proposed pipeline to avoid the Rocky River Elem. Sch. campus on grounds that another public good cannot be imposed where a prior public good exists, the same would seem to apply in the case of the primary open space provided for in the approved preliminary plat. Furthermore it's unclear what the public good is for the proposed pipeline, which duplicates available gas service. Dennis From: Kassie Goodson Watts To: Ray Gilleland; David M Troutman; Dennis Testerman; Robert Kluttz ;Robert Kluttz ;Thomas Bach ;Dennis Testerman J Attachment number 4 Page 58 of 315 E-1