20041764 Ver 4_More Info Received_20110614

BUDGET COURIER SERVICE, INC. 10 pvE 0140 905-D 5TH AVENUE
1"lE SoME GARNER, N.C. 27529
[phone]
License No. C-1634
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PRIEST, CRAVEN & ASSOCIATES, INC.
LAND USE CONSULTANTS
PLANNERS/LANDSCAPE DESIGNERS/ENGINEERS/SURVEYORS
LETTER OF TRANSMITTAL
Attention: Annette M. Lucas, PE Date:
June 10
2011
Environmental Engineer ,
To: Regarding:
NCDENR I DWQ Wetlands and Stormwater Branch
512 N. Salisbury St, Raleigh, NC 27604 19th Floor Shiloh Crossing - Phase 2
Sending Attached By: ( )Mail ( )Fax (X )PC&A ( )Overnight ( )Pickup ( Other
( )Specifications ( )Computer Disk (See Note) ( )Contracts
(X )Plans/Prints ( )Letters ( )Other
Number of
Copies Number of
Sets Project
Number Description
1 2009.009 Final Construction Plans (Approved by the Town of Morrisville)

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These Are Being Sent:
( )For Your Approval ( )For Review/Comment (X )As Requested By: Natalie Landry
(X )For Your Use/Information ( )For Your Signature ( )Other
Notes: Annette, per m email on Thursday. If you have an questions or require an additional information,
lease let me know. Thank You.

Note: Priest, Craven & Associates, Inc. accepts no liability, expressed or implied '
for the accuracy or the currentness of my infonnation/data transmitted by comput
disk to others.
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Town of Morrisville
Post Office Box 166
Morrisville, North Carolina 27560
Phone: [phone]
Fax: [phone]o> i
www.townofinorrisville.org
January 14, 2010
Shiloh Morrisville, I..LC
9830 Colonnade Boulevard
Suite 600
San Antonio, TX 78230-2209
Attn: Jim Speake
RE: Shiloh Crossing-Phase 2
Town Project No. 07-80000014
Letter of Construction Plan Approval
Mr. Speake,
Please find enclosed one (1) executed copy of the approved construction plan set entitled, "Shiloh
Crossing Phase 2, Construction Plan Submittal, Morrisville, North Carolina, SUP #05-01",
consisting of 60 sheets, prepared by Priest, Craven and Associates, Inc., signed/sealed January 7,
2011. The Town has approved this plan set with the understanding it is the applicant's
responsibility to properly construct the project in accordance with the approved plans and
attached standard provisions, and also complying with any condition of approval placed on the
project by Town Council.
In accordance with the Town's Design and Construction Ordinance prior to commencing any
construction activities a pre-construction meeting must be conducted, however, the following
items must be submitted prior to this meeting being scheduled:
1. The infrastructure fee must be provided, the check is to be made payable to the Town of
Morrisville.
2. The performance guarantee must be provided in accordance with Chapter 4.12 ofthe Town of
Morrisville Design and Construction Ordinance.
3. The stormwater operation and maintenance agreement must be recorded with Wake County.
4. Two (2) full-sized and two (2) half-sized copies with signatures.
5. Two (2) copies of a TIFF file with signatures and two (2) copies of AutoCAD files with the
corresponding pen settings and shape files. The files should be placed on separate CD-
ROM's. These CD-ROM's shall include the name of the project, the Town Project Number,
the name of the engineering firm providing the CD-ROM, and a paper insert with an index
listing the contents of the CD-ROM.
Utn- Xlissioii: The TOJ? 11 ojRtnrrisldNe is dedicoled to ellhoucing the quality cal hle brt presercmy our post
w0 protec"my our /i111rrc through o enileciwc roomminty partncrship. By balolicing responsihlc gro -th
11401 ( of e uohlt,t. Irc 1.1111(i' (11,11 £i scils( i)/ lilPRll,)Pl.Ship. co71)11 unWatioll. (l)1d .4upp orl.
Once the above referenced items are submitted, contact the project reviewer James Meyer (919)
463-6192, to request a pre-construction meeting, allowing a minimum of three (3) weekdays for
coordination.
Sincerely,
Keith P. Billy, PE
Town Engineer
Town of Morrisville
Attachments
cc: B. Bowling, Priest, Craven and Associates
BKO14295PGO1755
WAKE COUNTY, NC 297
LAURA N RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
83/1412611 AT 14:55:53
BOOK:814295 PAGE:8175S - 61763
STORMWATER OPERATION AND MAINTENANCE
AGREEMENT AND SECURITY
Project Name: SI{ I l-o H CItor SrN y - PEASE 2-
Town Project Number: 07 - 8 000 00 1A-
PINNumber: 07+(AA7 8 1aS
Mail after recording to: Town of Morrisville
Engineering Department
P.O. Box 166
Morrisville, NC 27560
NORTH CAROLINA
WAKE COUNTY
This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,
made this day 1-- of ? k P,-h 120 It
by 50ILo14 MORRIEVILt-r 0L.IG
whose principal address is `1830 C0L0NCI4p9: 8L11D_ Sa ITE (,00
SAID ANT01I10 , TX 7?13o - ZZoq
with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State
of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.
Page I o£7
BKO14295PGO1756
Stormwater Wetland 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.
Important maintenance procedures:
Immediately following construction of the stormwater wetland, bi-weekly inspections
will be conducted and wetland plants will be watered bi-weekly until vegetation becomes
established (commonly six weeks).
No portion of the stormwater wetland will be fertilized after the first initial fertilization
that is required to establish the wetland plants.
Stable groundcover will be maintained in the drainage area to reduce the sediment load to
the wetland.
- Once a year, a dam safety expert should inspect the embankment.
After the stormwater wetland is established, I will inspect it monthly and within 24 hours after
every storm event greater than 1.0 inches. Records of operation and maintenance will be kept
in a known set location and will he 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:
Entire BMP Trash/debris is resent. Remove the trash/debris.
Perimeter of wetland Areas of bare soil and/or erosive Regrade the soil if necessary to remove
gullies have formed. the gully, and then plant a ground cover
and water until it is established.
Provide lime and a one-time fertilizer
application.
Vegetation is too short or too long. Maintain vegetation at an appropriate
height.
Inlet device: pipe or The pipe is clogged (if applicable). Unclog the pipe. Dispose of the
Swale sediment offsite.
The pipe is cracked or otherwise Replace the pipe.
damaged ifa livable.
Erosion is occurring in the Swale Regrade the Swale if necessary to
(if applicable). smooth it over and provide erosion
control devices such as reinforced turf
mailing or riprap to avoid future
problems with erosion.
Page 2 of 7
BKO14295PG01757
BMP element: Potential problem: How I will remediate the problem:
Forebay Sediment has accumulated in the Search for the source of the sediment
forebay to a depth that inhibits the and remedy the problem if possible.
forebay from functioning well. Remove the sediment and 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 a pesticide is used, wipe it on the
plants rather than spraying.
Deep pool, shallow Algal growth covers over 50% of Consult a professional to remove and
water and shallow land the deep pool and shallow water control the algal growth.
areas areas.
Cattails, phragmites or other Remove invasives by physical removal
invasive plants cover 50% of the or by wiping them with pesticide (do
deep pool and shallow water areas. not spray) - consult a professional.
Shallow land remains flooded more Unclog the outlet device immediately.
than 5 days after a storm event.
Plants are dead, diseased or dying. Determine the source of the problem:
soils, hydrology, disease, etc. Remedy
the problem and replace plants. Provide
a one-time fertilizer application to
establish the round cover if necessary.
Best professional practices show Prune according to best professional
that pruning is needed to maintain practices.
o lima] plant health.
Sediment has accumulated and Search for the source of the sediment
reduced the depth to 75% of the and remedy the problem if possible.
original design depth of the deep Remove the sediment and dispose of it
pools. in a location where it will not cause
impact., to streams or the BMP.
Embankment A tree has started to grow on the Consult a dam safety specialist to
embankment. remove the tree.
An annual inspection by appropriate Make all needed repairs.
professional shows that the
embankment needs repair.
Evidence of muskrat or beaver Consult a professional to remove
activity is resent. muskrats or beavers.
Micropoel Sediment has accumulated and Search for the source of the sediment
reduced the depth to 75% of the and remedy the problem if possible.
original design depth. Remove the sediment and dispose of it
in a location where it will not cause
impacts to streams or the BMP.
Outlet device Clogging has occurred. Clean out the outlet device. Dispose of
the sediment off-site.
The outlet device is dama ed Re air or replace the outlet device.
Receiving water Erosion or other signs of damage Contact the NC Division of Water
have occurred at the outlet. Quality 401 Oversight Unit at 919-733-
1786.
Page 3 of 7
BKOW93PG01758
BMP Inspection and Maintenance Security
Performance Security
The Town of Morrisville requires the submittal of a performance security or bond with surety,
cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in
order to ensure that the structural BMPs are
1. installed by the permit holder as required by the approved stormwater management plan,
and/or
2, maintained by the owner as required by the operation and maintenance agreement
Amount
1. Installation
The amount of an installation performance security shall be the total estimated construction
cost of the BMPs approved under the permit, plus 50%.
2. Maintenance
The amount of a maintenance performance security shall be the present value of an annuity of
perpetual duration based on the total estimated construction cost of the BMPs approved under
the permit.
Saecial Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to be or are owned and
maintained by a homeowners' association, property owners' association, or similar entity, the
required operation and maintenance agreement shall include all of the following provisions:
1. Acknowledgment that the association shall continuously operate and maintain the stormwater
control and management facilities.
2. Establishment of an escrow account, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the
structural BMPs. If structural BMPs are not performing adequately or as intended or are not
properly maintained, the Town of Morrisville, in its sole discretion, may remedy the situation,
and in such instances the Town of Morrisville shall be fully reimbursed from the escrow
account. Escrowed funds may be spent by the association for sediment removal, structural,
biological or vegetative replacement, major repair, and reconstruction of the structural BMPs,
provided that the Town of Morrisville shall first consent to the expenditure.
3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to
plat recordation or issuance of construction permits, whichever shall first occur, the developer
shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial
construction cost of the structural BMPs. Two-thirds (213) of the total amount of sinking fund
budget shall be deposited into the escrow account within the first five (5) years and the full
amount shall be deposited within ten (10) years following initial construction of the structural
BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual
assessments of the association shall include an allocation into the escrow account. Any funds
drawn down from the escrow account shall be replaced in accordance with the schedule of
anticipated work used to create the sinking fund budget.
Page 4 of 7
BW4295PG01759
4. The percent of developer contribution and lengths of time to fund the escrow account may be
varied by the Town of Morrisville depending on the design and materials of the stormwater
control and management facility.
5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural BMPs.
6. Allowing the Town of Morrisville to recover from the association and its members, any and
all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to
correct any operational deficiencies. Failure to pay the Town of Morrisville all of its
expended costs, after forty-five days written notice, shall constitute a breach of the
agreement. The Town of Morrisville shall thereafter be entitled to bring an action against the
association and its members to pay, or foreclose upon the lien hereby authorized by the
agreement against the property, or both, in case of a deficiency. Interest, collection costs, and
attorney fees shall be added to the recovery.
7. A statement that this agreement shall not obligate the Town of Morrisville to maintain or
repair any structural BMPs, and the Town of Morrisville shall not be liable to any person for
the condition or operation of structural BMPs.
8. A statement that this agreement shall not in any way diminish, limit, or restrict the right of the
Town of Morrisville to enforce any of its ordinances as authorized by law.
9. A provision indemnifying and holding harmless the Town of Morrisville for any costs and
injuries arising from or related to the structural BMP, unless the Town of Morrisville has
agreed in writing to assume the maintenance responsibility for the BMP and has accepted
dedication of any and all rights necessary to carry out that maintenance.
Uses of Performance Security
1. Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after proper notice, to
complete work within the time specified, or to initiate or maintain any actions which may be
required of the applicant or owner in accordance with this ordinance, approvals issued
pursuant to this ordinance, or an operation and maintenance agreement established pursuant
to this ordinance.
2. Default
Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any
structural BMP in accordance with the applicable permit or operation and maintenance
agreement, the Stormwater Administrator shall obtain and use all or any portion of the
security to make necessary improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting the owner to comply with the permit
or maintenance agreement. In the event of a default triggering the use of installation
performance security, the Town of Morrisville shall not return any of the unused deposited
cash funds or other security, which shall be retained for maintenance.
3. Costs in Excess of Performance Security
If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town
of Morrisville may collect from the applicant or owner for the difference should the amount
of the reasonable cost of such action exceed the amount of the security held.
Page 5 of 7
BK014296PGQ1160
4. Refund
Within sixty days of the final approval, the installation performance security shall be
refunded to the applicant or terminated, with the exception of any amount attributable to the
cost (plus 25%) of landscaping installation and ongoing maintenance associated with the
BMPs covered by the security. Any such landscaping shall be inspected one (1) year after
installation with replacement for compliance with the approved plans and specifications and,
if in compliance, the portion of the financial security attributable to landscaping shall be
released.
Page 6 of 7
BK014295PG01761
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. 1 agree to notify the Town of
Morrisville of any problems with the system or prior to any changes to the system or
responsible party.
Project name: SA LLO ? CROSS IMtq - P RACE 2
BMP drainage area number: LX7ENpE0 bETfNTiON WETeAku ' B." (Dar?4• ?Kr? lkl)
(iE-6 ExtJ1B,r#I) EXT6HP1FD DE1'EniTt•ri WE'TLA, > "Cl' CDILM, AAaAAV
v ( Print name:_ BRUCE C PETFR4FN
Title: Executive Managing Director
;: '1630 C01-0N44Dt: Uvo. Surr>r too
(uo) u 41 - 848? /)
O
Date: M 4&& A ( f 1, 2.p 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, meld C-6a R amn a Notary Public for the State of
:r(2
XQS County of BOO r do hereby certify that
3ru e e 0. PV-- I %- personally appeared before me this ??
day of m oreh , 2-ol) , and acknowledge the due execution of the
forgoing stormwater wetland maintenance requirements. Witness my hand and official
seal,
MELISSA A. ROSCOE
Notary Public
State of Texas
My Comm. Exp. 01-11-2012
SEAL
3o -2Zo9
pu&ia 0
My commission expires-/ 1// -ZO/ Z
Stormwater Wetland Agreement 10-30.09
Page 7 of 7
BKO14295PGO1762
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. BK014296PG01163
BOOK:014295 PAGE:01755 - 01763
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecording.
Own Wake County Register of Deeds
WAKE Laura M. Riddick
COUNTY Register of Deeds
This Customer Group
# of Time Stamps Needed
This Document
New Time Stamp
9 # of Pages .1
22.ca4-1n0r06