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HomeMy WebLinkAbout20081155 Ver 2_Deed_20090819FILED CABARRUS COUNTY NC LINDA F. McABEE REGISTER OF DEEDS FILED Aug 19, 2009 AT 10:06 am BOOK 08868 START PAGE 0265 END PAGE 0271 INSTRUMENT # 21807 EXCISE TAX $0.00 STATE OF NORTH CAROLINA COVENANTS AND RESTRICTIONS REGARDING COUNTY OF CABARRUS STORMWATER MANAGEMENT PLAN THIS DECLARATION OF COVENANTS AND RESTRICTIONS REGARDING STORMWATER MANAGEMENT PLAN ("Declaration" or "covenants and restrictions") is made as of the 1006 day of August, 2009, by KELLSWATER COMMONS II, LLC, a North Carolina limited liability company ("Declarant'). STATEMENT OF PURPOSE Declarant is the permitee under that North Carolina Department of Environment and Natural Resources, Division of Water Quality, Stonmwater Management Plan permit number 08-1155v2 ("Permit'), which permits the discharge of stormwater into unnamed tributaries of Irish Buffalo Creek for the development of the Kellswater Commons commercial mixed-use development upon the terms and conditions set forth in the Permit and in the stormwater management plan ("SMP") submitted by Declarant in connection therewith. As a condition of issuance of the Permit, Declarant is required to record restrictions upon any real property covered by the Permit which is to be conveyed to third parties in order to ensure that all future owners, developers and occupants of the real property covered by the Permit comply with the Permit in the future development of such real property. Declarant anticipates conveying the real property described on Exhibit A (the "Property") attached hereto to Integra Springs, LLC, a Florida limited liability company ("Integra"), and therefore hereby records these covenants and restrictions upon the Property in accordance with the Permit. NOW, THEREFORE, in consideration of the covenants and mutual benefits and duties herein contained, Declarant hereby declares that the Property shall be held, developed, improved, leased, sold, transferred, conveyed and occupied subject to the following covenants and restrictions, all of which are for the purpose of protecting the value and desirability of, and which shall be appurtenant to and run with title to the Property and shall be binding on all parties having Blanco Tackabery Page 1 of 2 RO. Box 25008 Winston Salem, NC 27114 / ORLDOCS 11592109 4 99/ Drawn by and ma+W: Zachary M. Moretz Moretz & Skufca, PLLC 37 Union Street South, Suite B Concord, North Carolina 28025 a right, title or interest therein now or in the future, along with their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof: 1. These covenants and restrictions are intended to ensure ongoing compliance with the state Riparian Buffer Authorization and/or Water Quality General Certification number 08-1155 as issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality for the project known as Kellswatcr Commons. The Property is a portion of Kellswater Commons and is a portion of the real property covered by the Permit. 2. The real property burdened by these covenants and restrictions is all that real property described on Exhibit A attached hereto. 3. The State of North Carolina is made a beneficiary of these covenants and restrictions to the extent necessary to maintain compliance with the Riparian Buffer Authorization and/or Water Quality General Certification. These covenants and restrictions, therefore, may not be altered, rescinded or deleted without the written consent of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 4. The Property constitutes a substantial portion of the real property in Drainage Zone #1 pursuant to the Permit. The maximum allowable impervious area for each Drainage Zone is as follows: DRAINAGE DRAINAGE ZONE AREA AC #1 20.06 AC #2 55.30 AC #3 1124 AC _ DRAINAGE ALLOWABLE ALLOWABLE AREA N. Ft.? IMPERVIOUS (%) IMPERVIOUS (SFl 873,813.60 SF 70% 611,669.52 SF 2,408,868.00 SF 75% 1,806,651.00 SF 489,614.40 SF 70% 342,730.08 SF Total Allowable Impervious = 2,761,050.60 SF Total Project Area = 3,855,423.38 SF Total Built-Out Impervious = 71.61% Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 5. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 6. Impervious area in excess of the permitted amount requires a modified water quality certification prior to construction. 7. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. For the Property subject hereto, all permitted runoff shall be directed into stormwater pond #1. All connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. 8. The approved stormwater treatment facilities, stormwater easements and drainage patterns must be maintained in perpetuity. Alteration of the drainage system as depicted on the approved Permit may not take place without the concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. Page 2 of 6 ORLDOCS 11592109 4 9. The terms and provisions of these covenants and restrictions shall be appurtenant to, and shall run with and bind title to, the Property and shall be binding upon and inure to the benefit of all owners and occupants of the Property and their respective heirs, executors, legal representatives, successors and assigns, and all other parties hereafter having an interest in any portion of the Property and all parties claiming by, through or under them, forever. 10. Each future owner or developer of all or any portion of the Property shall be considered to be the person legally responsible for compliance with the Permit as to stormwater pond #1. Delcarant is the person legally responsible for compliance with the Perimit as to stormwater pond #2 and stormwater pond #3. Stormwater ponds #1, #2, and #3 and the corresponding drainage zones are depicted on the Stormwater Management Plan attached hereto as Exhibit B. 11. In the event of any litigation arising from or concerning this Declaration, the prevailing party shall have the right to recover reasonable attorneys' fees, costs and expenses as awarded by a court of competent jurisdiction, whether such attorneys' fees, costs and expenses were incurred before, during or after trial, or upon any appellate level, or in any administrative proceeding, arbitration, mediation, or any proceeding in bankruptcy or insolvency. SIGNATURE IS ON THE FOLLOWING PAGE. ORLDOCS 11592109 4 Page 3 of 6 IN WITNESS WHEREOF, the Declarant has caused these covenants and restrictions to be duly executed as of the day and year first above written. KELLSWATER COMMONS II, LLC, a North Carolina limited liability company By: Crosland Kellswater II, LLC, a North Carolina limited liability company, its Manager By: Crosland, LLC, a North Carolina liability c any, its M a ` By ames E. Merrifield, Vice President SEAL-STAMP NORTH CAROLINA, `Yyf E-r? &,,e?, COUNTY. I, the undersigned NotaryPublic of the County and State aforesaid, certify that James E. Merrifield personally came before me this day and acknowledged that he is the Vice President of Crosland, LLC, a North Carolina limited liability company, the Manager of Crosland Kellswater, LLC, a North Carolina limited liability company, the Manager of Kellswater Commons ii, LLC, a North Carolina limited liability company, and that he, being authorized to do so, voluntarily executed the foregoing on behalf of the said company. Witness my hand and notarial stamp or seal, this 1, day of August, 2009. Commission Expires: Notary Public Printed name: FRANCES M. C101t NOTARY PUBLIC ke" County, North Carol ne M Commltelm Explra j° - - - - - - W0AA?a0_04_P*ij Page 4 of 6 ORLDOCS 11592109 4 Legal Description 20.139 acres, more or less, from Kellswater Commons II, LLC to Integra Springs, LLC BEING all those lots or parcels of land situated in the City of Kannapolis, No. 4 Township, Cabarrus County, North Carolina and more particularly described as Tracts E, F and G as shown on that plat entitled "Major Subdivision Plat Of. Kellswater Commons Apartment Site" and recorded in the Cabarrus County Registry at Map Book 57, Pages 88-89, to which reference is hereby made for a more particular description. AND BEING THE SAME REAL PROPERTY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a set concrete monument which is located 586-14-39E 96.30 feet from an existing #5 rebar located near the southern right-of-way margin of Rogers Lake Road Extension, said set concrete monument also being located S13-00-34E 51.32 feet from a set #5 rebar in the southern right-of-way margin of Rogers Lake Road Extension; thence from said set concrete monument S86-14-39E a total distance of 1006.67 feet, passing a set concrete monument at 921.63 feet, to the centerline of an unnamed tributary; thence with the centerline of the unnamed tributary the following courses and distances: S31-48-40E 38.11 feet; thence S04-32-41E 37.20 feet; thence S27-26-59E 101.68 feet; thence 511-44-04E 119.40 feet; thence S03-45-12-W 57.75 feet; thence 513-06-50E 54.83 feet; thence 506-28-59W 38.26 feet; thence S13-15-15E 23.97 feet; thence 513-15-15E 86.53 feet; thence S47-14-18W 22.11 feet; thence S38-19-37E 34.95 feet; thence 505-27-35E 58.02 feet; thence 519-24-15E 60.07 feet; thence S13-06-21W 66.79 feet; thence 521-17-15E 94.91 feet, to the centerline intersection with an unnamed creek; thence with the centerline of the unnamed creek the following courses and distances, S72-14-39W 213.49 feet; thence 581-41-IOW 101.20 feet; thence S73-11-OOW 73.43 feet; thence N66-52- 38W 108.84 feet; thence leaving the centerline of the unnamed creek and running with the old property line N66-52-38W 85.32 feet thence with the centerline of the unnamed creek the following courses and distances, N25-44-OIE 12.61 feet; thence N49-37-28E 13.33 feet; thence N43-25-14W 34.44 feet; thence N43-25-14W 16.98 feet; thence 583-29-02W 17.93 feet; thence N50-27-35W 22.18 feet; thence N71-09-45W 55.38 feet; thence 570-29-05W 49.23 feet; thence N64-25-34W 26.09 feet; thence N03-27-21W 12.92 feet; thence S76-03-05W 26.22 feet; thence 549-24-47W 4.56 feet; thence S49-24-47W 38.16 feet; thence S85-19-51W 29.66 feet; thence S69-03-01 W 79.64 feet; thence leaving the centerline of the unnamed creek, a new line N14-13- 50W a total distance of 510.02 feet, crossing a set #5 rebar at 127.22 feet, to a set #5 rebar; thence a new line S89-22-19W 348. 58 feet to a set #5 rebar; thence a new curve, arcing to the left and having a chord bearing of N00-40-58W, a chord distance of 99.00 feet, and a radius of 89.00 feet, to a set #5 rebar; thence a new line N89-22-19E 260.45 feet to a set #5 rebar; thence a new line N13-00-34W, 320.00 feet, to the POINT AND PLACE OF BEGINNING, containing 20.139 acres, more or less, according to an survey entitled "ALTA/ACSM LAND TITLE SURVEY FOR: INTEGRA SPRINGS APARTMENT SITE", surveyed by N-Focus Land Surveying, Inc., dated November 10, 2008, to which reference is hereby made for a more complete description. EXHIBIT B Drainage Zones [Attached.] Page 6 of 6 ORLDOCS 11592109 4 EXffiBiT "B„ 0 ?-' ? l KKK 7 0 Ecla IU ?V ?1 . oM W mm OHNH114 ono f? OVBULL SITE KLAN - Pala. IIELlAMM7Ell COMMONS `r°""'"A'M aA"A°®"°"r''"'" rV This map is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable land and development regulations. NDENR North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. 1. 2. 3. 4. 2. 3. 4. 5. CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: Permit Holder's Name: Signing official's Name: Mailing Address: &1 City: G'J?f?LVTT?" State: Zip: Phone: W Fax: ; Aid--??t0 NEW OWNER / PROJECT / ADDRESS INFORMATION: This request is for: (please check all that apply) a. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) b. Name change of project (Please complete Item #5 below) C. Mailing address change. (Please complete Item #4 below) I "' 22 -?Ld. Other (please explain):?d/?-V s?CJ/?'1?? d? ,,3 eqv-? 7.V New owner's name to be put on permit: New owner's signing official's name and title: Title: /'???3??/J9?/?L?- New Mailing Address: ?e? S `?? y?? 1466,90 City: State: Ae- - Zip: Phone;,ow, ?Fax: ^41?e5) New Project Name to be placed on permit: Ownership/Name Change-022309 Page 1 of 3 ?1J • 1 \_i t •? THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, If required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATIONBE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, E. lq&rrist a lot! , attest that this application for a namelownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that If all required parts of this application are not completed and that if all required supporting in mation and a chments re n cluded, this application package will be returned as i piste. r ( V.'u -3 Z4) ot Signature: 1 .1 DDate:7/ New Applicant' Certification: (Must be co Bred for all transfers of ownership) 1, Lkivio( &: 11r- I nie/ , attest that this application for an ownership change has been reviews ands accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not Included, this application package will be returned as incom late.. Rinnatura? Data. Mail the entire package to: NCDENR Division of Water Quality Surface Water Protection Section - Stormwater at the Appropriate Contact Address (see the following page) Ownership/Name Change-022308 Page 2 of 3 r ! , ?r CN ?I f_-i r F- mU NIA ,z3 ? s^' ? Gobi ..? } ." v a.h afr. ? rr_.•,?} j.r?;gi?' r?' ! .t.., U' I f; st'M .e ? kt ? tr' t .: PVyAj 1?y? Sb ' K _ " for c'?g SIR cm jUao Ri 4:t tirC{Njj1d ?z? u, LL CO) LL 0 w ? ? N 3 S ??u? o LL. s cc? ^? ?m >,CO IS 1 ON z Q 19 Z 0) Mm 0) U to } tl 3 wj Y?1 4 C'7 `o Mph i9 a .?tVA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: ?G?? XO =' ??'? ryO? 2. Permit Holder's Name: 3. Signing official's Name: le: (person le 1 response r permit) 4. Mailing Address: IBS" l/ !J&:? City: z i yly L zrE" State: Ole Zip: Phone: C9W Fax: (i ????3-'?o1y0 II. NEW OWNER / PROJECT / ADDRESS INFORMATION: 1. This request is for: (please check all that apply) a. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) b. Name change of project (Please complete Item #5 below) c. Mailing address change. (Please complete Item #4 below) _X_d. Other (please explain): ;04?1 as 2. New owner's name to be put on permit: _?NTF?'.r047 .SF?Pi LLB 3. New owner's signing official's name and title: 3W/..d 45;:?. 1?i3?tJ/,?G Title:S.cd?N7-Q ?5!?t/1g??' vs?P/it??is ? 4. New Mailing Address: _? City: L??kE !??/ State: Zip: Phone:-MW Fax: 607---g 5. New Project Name to be placed on permit: Owvnership/Name Change-022309 Page 1 of 3 PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, If required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATIONMUST BE COMPLETED AND SIGNED BY BTHE CURRENT PERMIT HOLDER AND THE N APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, 12me5 F - i e- 1Q/ attest that this application for aname/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and ttachments are n incluMa application package will be returned as incomplete. ?J Sig nature C_ A44 : te: New Applicant's Certificati n: (Must be completed for all transfer, of ownership) 1, attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that If all required parts of this application are not completed and that if all required supporting information d attachments are not clue this applicatio package will be returned as Incomplete ?f Signature: Date: Mail the entire package to: NCDENR Division of Water Quality Surface Water Protection Section - Stormwater at the Appropriate Contact Address (see the following page) OwnershlpltJame Change-022309 Page 2 of 3 z O !? A 5 .Z Yl ^' N m U `- S cv r` ' ZQZ al •? 'S g? c c a i ;c? I ly Ft?+ I ,? ? 3 N ? ?' r . ' a y Y A' V 5 r ? r r ?' „t ?M? 3NT ??f0 : ? W )yaNdcO fAP _ tl r ii ? C v C (? jN Cp R 1.. GZ .SI r W m a ?U9 X31 z ?- p O i `>,? cc U) .2 E- x• 4 3 °C o V LIL5 s 0 W z cv CO m a Permit Number: DWQ EXP 108-1155v2 (to be prodded by DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP 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 removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ? does 0 does not incorporate a vegetated filter at the outlet. This system (check one): ? does N Woes not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is resent. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide time and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of 4 Permit Number: DWQ E%P #08-1155v2 (to be proved by DWQ) Drainage Area Number-._ BMP element: Potential problem: How I will remediate the problem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off-site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 Permit Number: DWQ ERP 108-1155v2 (to be provided by DWQ) Drainage Area Number: I ' BMP element: Potential problem: How I will remediate the problem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads feet in the main pond, the sediment shall be removed. When the permanent pool depth reads feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation Sediment Removal Bottom -------------- rPenen Pool ume ---Sediment Removal Elevation Volume in. ement Bottom Elevation 1-ft n Storage Se imei Storage FOREBAY MAIN POND Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 Permit Number: DWQ EXP #08-1155v2 (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: INTEGRA SPRINGS -AT- RELLSWATER BRIDGE BMP drainage area number: I Print name: INTEGRA SPRINGS, LLC Title: N/A Address: 1525 International Parkway, Suite 2001, Lake Mary, Fl. 32746 Phone: 407-833-3927 Signature- UVXQ Ma?ager.c? D4ntegra Sas rres prings, L Integra pr ngs eve opmen , nc., as Date: Austus Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, ?L?r1'•?' ??!®/?! a Notary Public for the State of Florida , County of orange , do hereby certify that David G. McDaniel personally appeared before me this .C- day of August 2009 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, NOTARY PUBLIC-STATE OF FLORIDA Iiichele Ni. Champion Commission #DD692479 ,.-" Expires; AUG. 24, 2011 '"DRD THRV ATLANTIC ®oNDLNG Co., INC. SEAL My commission expires Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 Integra Springs, LLC 1525 International Parkway Suite 2001 Lake Mary, Florida 32746 407-833-3927 August 13, 2009 Mr. Joseph Gyamfi NCDENR - Division of Water Quality 2321 Crabtree Boulevard Suite 250 Raleigh, NC 27604 Re: State Stormwater Permit Name/Ownership Change Form Dear Mr. Gyamfi, Please accept this letter in lieu of items four (4) and six (6) on page 2 of 3 of the required items checklist per the State Stormwater Permit Name/Ownership Change Form. The designer's certification will be provided to NCDENR upon completion of SWM/BMP Pond # 1 as required per the DWQ 401 Water Quality Certification. After completion of SWM/BMP Pond # 1 the maintenance records will be kept in a log in a known set location as required per the Wet Detention Basin Operation and Maintenance Agreement. Sincerely, David G. McDaniel Managing Member