SW4210803_O&M Agreement/Plan_20240129

Book 2600 Page 1723
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IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III III
2023008714
DAVIDSON CO, NC FEE $26.00
NO TAXABLE CONSIDERATION
PRESENTED&RECORDED:
05-22-2023 11:13:47AM
MICHAEL E.HORNE
PREPARED BY:. REGISTER OF DEEDS
BY:CASEY L.RAINO
Stephen C. Holton DEPUTY
Attorney at Law BK: DE 2600
115 West Center Street PG: 1723-1728
Lexington, NC 27292 •
TAX PARCEL IDENTIFICATION: •
0301400000021C •
:.
STATE OF NORTH CAROLINA AFFIDAVIT OF CERTIFICATION
AND
COUNTY OF DAVIDSON NOTICE OF OPERATION & MAINTENANCE
AGREEMENT PER NCDEQ
This AFFIDAVIT OF CERTIFICATION AND NOTICE OF OPERATION & MAINTENANCE
. AGREEMENT PER NCDEQ (hereinafter "Affidavit of Certification") is made and entered into
this 22"d day of May, 2023, by Stephen C. Holton, who certifies and declares as follows:
1. That I am the City Attorney for the City of Lexington, a North Carolina municipal •
corporation (hereinafter the "City").
2. That I am an attorney licensed to practice law in the State of North Carolina.
3. The City is the owner of that certain parcel of real property containing 1.873 acres
located at 715 Community Road, Lexington, North Carolina, as more particularly
described in Plat Book 79, Page 36, in the Office of the Register of Deeds for Davison
County, North Carolina, having acquired said real property pursuant to a deed dated
June 18, 2021, from Verge E. Nifong, Jr. and wife Deborah S. Nifong, Grantors, to the
City of Lexington, Grantee, as set forth in Deed Book 2484, Page 1619, recorded on
June 21, 2021, in the Office of the Register of Deeds for Davison County, North Carolina
(hereinafter the "Real Property"). .
4.- That located on the said Real Property is the City's "Third Delivery Substation".
1

Book 2600 Page 1724
5. The Real Property is subject to the terms and conditions of that certain "Operation &
Maintenance Agreement" as required by NCDEQ, which was duly executed by the City
on February 10, 2022, with a copy of said Operation & Maintenance Agreement being
attached hereto as Exhibit A and incorporated herein by reference.
6. This Affidavit of Certification may be relied upon by third parties, purchasers, lenders,
attorneys certifying title to said Real Property, title insurance companies insuring title to
said Real Property and others dealing with the City, its successors and assigns, as
public notice of the Operation & Maintenance Agreement as being in the City's chain of
title.
This the 22nd day of May, 2023.
Step en C. Holton, City Attorney
STATE OF NORTH CAROLINA
COUNTY OF DAVIDSON
I, the undersigned Notary Public of the County of Davidson and State aforesaid, certify
that the following person personally appeared before me this day, acknowledging to me that he
voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: Stephen C. Holton.
Witness my hand and official stamp or seal, this the 22"d day of May, 2023.
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My Commission Expires: ��G 8 OW '3
2

Book 2600 Page 1725
EXHIBIT A
Operations & Maintenance Agreement

Book 2600 Page 1726
YO „..1.,..,',.!._ao.n a M a.i nt enan c e A reem t
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, t, gyp �- S �' _r; a,- � r a*. � _�. 4: ..-s-< s�my -za 'i ->� '.."�a-.'7ar.��1
Project Name: Community Road Substation
Project Location: 715 Community Road, Lexington,,NC 27295
.
CoVet Page
Maintenance records-shall be kept on the following SCM(s). This maintenance record shall be kept in a log in a known set location.
Any deficient.SCM elements noted in the inspection will be corrected, repaired,or replaced immediately. These deficiencies can
affect the integrity of structures, safety of-the public,and the pollutant removal efficiency of the SCM(s).
The SCM(s)on this project include(check all that apply&corresponding O&M sheets will be added automatically):
Infiltration Basin Quantity: Location(s):
Infiltration Trench Quantity: Location(s):
Bioretention Cell Quantity: Location(s):
Wet Pond Quantity: Location(s):
Stormwater Wetland Quantity: Location(s):
Permeable Pavement Quantity: Location(s):
Sand Filter Quantity: Location(s):
Rainwater Harvesting Quantity: Location(s):
Green Roof Quantity: Location(s):
Level Spreader-Filter Strip Quantity: Location(s):
Proprietary System Quantity: Location(s):
Treatment Swale Quantity: Location(s):
Dry Pond Quantity: Location(s):
Disconnected Impervious Surface Present: No Location(s):
User Defined SCM Present: No Location(s):
Low Density Present: Yes Type: Vegetated swales/roadside ditches
I acknowledge and,.agree by My signature below that I am responsible for the performance Of the maintenance procedures listed for
each SCM above, and attached O&M tables. I agree to.notify NCDEQ of any problems with the system or prior to any changes to
the system or responsible party.
Responsible Party: Bill Stockman
Title&Organization: ;City.of.Lexington-Electrical Department
Street address:. 28 West.Center Street ,
City, state,zip: Lexington,NC 27292
Phone number(s): 336-243-2489
Email: [e-mail]
Signature: �,� Date: 2-/0-2O2Z
I, - e, FR iti . ._} , a Notary Public for the State of .evR i N C4R qL-k+iA
County of D ,Z;'t t'). , do hereby certify that 61,LA_ `J L ►r G(. 4t..A m
personally appeared before me this (671-1- day of i� 1:1aA+2I 12.C:'2-Z and
acknowledge.the due execution of the Op io Mai to e Agreement. !.
Witness my hand and official seal, , L �!
/
Jeffrey W Jones
Notary Public
Davidson County, NC
Seal My commission expires .iAA.>_( L i f r 2-0 -CoSTORM-EZ. 1 I 2/9/2022
Version 1.5 0&M Agreement Page 1 of 1

Book 2600 Page 1727
Low-I)ensity-Maintenance.Requirements. f
Important maintenance procedures:
The drainage area to the vegetated conveyance or vegetated receiving area will be
carefully managed to reduce the sediment load to the vegetated conveyance or
After the initial fertilization to establish the grass in the vegetated conveyance or the
vegetated receiving area,fertilizer will not be applied to the vegetated receiving
The vegetated conveyance or vegetated receiving area will be inspected quarterly. Records of
operation and maintenance will be kept in a known set location and will be available upon request.
.ection activities shall be performed as.follows.Any problems that are found shall be repaired immediately.
SCM element: Potential problem: How to remediate the problem:
Vegetation is too short Maintain grassed vegetation such that the swale or
Vegetation or too long. vegetated area does not erode during the peak flow
from the 10-year storm
''aaluuCu" Remove the trash/debris.
Regrade the soil it necessary to remove the gully, and
Areas of bare soil then re-sod(or plant with other appropriate species)
and/or erosive gullies and water until established. Provide lime and a one-
haveVegetated receiving formed.
areas time fertilizer application.
Trees and/or other Remove the trees and woody vegetation from the
woody vegetation are swale, regrade the swale if necessary and re-establish
present.in the swale. grass as shown.on the approved plans,
Trash/debris is Remove the trash/debris.
present.
Regrade the soil if necessary to remove the gully, and
Areas.of bare soil then re-sod(or plant with other appropriate species)
and/or erosive gullies
have formed. and water until established. Provide lime and a one-
time fertilizer application.
Sediment covers the
grass at the bottom of Remove sediment and dispose in an area that will not
Vegetated the swale. impact streams or SCMs. Re-sod if necessary:
conveyances/
swales I roadside The side slope is Regrade the slopes to the permitted configuration per
ditches(other than steeper than the the approved plan and reestablish vegetation. If as-
curb outlet swales) approved built or existing conditions do not allow the slopes to
configuration. be regraded,contact the applicable permitting
Determine the source of the problem: soils,
Grass is dead, hydrology, disease,etc. Remedy the problem and
diseased or dying. replace plants. Provide a one-time fertilizer
application to establish the ground cover if necessary.
rees and/or other Remove the trees and woody vegetation from the
woody vegetation are vegetated conveyance, regrade the vegetated
present in the conveyance if necessary and re-establish grass as
vegetated shown on the approved plans.

Book 2600 Page 1728
Clogging has Clean out the outlet device. Dispose of the sediment
occurred. off-site.
The outlet device(if
applicable)
The outlet device is. Repair or replace the outlet device.
damaged
Erosion or other signs.
of damage have Repair the damage and improve the flow dissipation
occurred at the outlet. structure.
The receiving water Discharges from the
site are causing
erosion or Contact the local NCDEQ Regional.Office.
sedimentation in the
receiving water.
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