20051132 Ver 1_More Info Received_20111006 (2)

Lucas, Annette
From: Lucas, Annette
Sent: Thursday, October 06, 2011 11:45 AM
To: Strickland, Bev
Cc: Dennison, Laurie; Lucas, Annette
Subject: FW: Chessington O&M
Attachments: SWMRECORDED Agmnt.pdf; Level Spreader Agreement_signed.pdf
Bev,
I got the letter for this project 95% written but then realized that I didn't have the 0&M agreements yet. Then the
consultant sent the 0& M and then I absent-mindedly forgot to complete and send out the letter. Anyway, now I can't
find the 0&M anywhere and it's not in laserfiche so the consultant emailed me another copy this morning.
SORRY about that!! Thanks for the heads up about the letter being missing and for updating the file now.
Thanks,
Annette
From: Freeman, Hunter [maiIto: HFreeman (abwithersravenel.comj
Sent: Thursday, October 06, 20118:35 AM
To: Lucas, Annette
Subject: Chessington 0&M
Annette - here are the 2 O&M's for Chessington, one for the pond previously submitted of the Town, and the
new one for the level spreader.
Hunter
Hunter Freeman, PE, LEED AP
WITHERS , RAVENEL
111 MacKenan Drive I Cary, NC 27511
Phone: [phone] Fax: [phone]
Direct: 919.535.5137 1 Mobile: [phone]
hfreeman(cDwithersravenel.com
www.withersravenel.com
T r NF r

1
Lucas, Annette
From: Freeman, Hunter [[e-mail]]
Sent: Thursday, October 06, 2011 8:35 AM
To: Lucas, Annette
Subject: Chessington O&M
Attachments: SWMRECORDED Agmnt.pdf; Level Spreader Agreement_signed.pdf
Annette - here are the 2 OW's for Chessington, one for the pond previously submitted of the Town, and the
new one for the level spreader.
Hunter
Hunter Freeman, PE, LEED AP
WITHERS &-RAVEN EL
111 MacKenan Drive I Cary, NC 27511
Phone: [phone] Fax: [phone]
Direct: 919.535.5137 1 Mobile: [phone]
hfreemanta')_withersravenel.com
www.withersravenel.com
1
(Page 1 of 9)
MUUMUU

WAKE COUNTY, NC 2907
LAURA N RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
iireeme7 AT 13:40:45
SOOK:012828 PAGE:00834 - 80842

Qfvv%"d ? 94ka +d T 141,,n
STORMWATER INSPECTION AND MAINTENANCE
AGREEMENT AND SECURITY
Project Nam : t?hF ?1_
Town Nect Ntunbor: No- J yb-4-
PIN Number: M49 M5 _4_
Mail after recording to: Town of Morrisville
Engineering Department
P.O. Box 166
Morrisville, NC 27560
NORTH CAROLINA
WAKE COUNTY
This STORMWATER INSPECTION AND MAINTENANCE AGREEMENT AND
SECURITY,
made this day '4-Lb_ of -?nvwksq-, 20 al
by ?.
whose mineipal address is ` f9,- . K1.',?? cu. r?
with, to, and for the benefit Rthe Town of Morrisville, a municipal,carporation ofthe State
of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.
R.-VWGINEERING0pcmdm and Maiutea m%Wet Detmdon Basin Agreement (10.07ow I
(Page 2 of 9)
B02828P000835
Wet Detention Basin Inspection and Maintenance Agreement
The undersigned shall keep a maintenance record on this BMW. This maintenance record shall be
kept in a log in a known set location. Any deficient BMP elements noted in the inspection shall
be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of
structures, safety ofthe public, and the removal efficiency ofthe 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 [9 does not incorporate a vegetated filter at the outlet.
This system (check one):
? does M does 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 shall be inspected once a month and within 24
hours after every storm event greater than 1.0 Inches. Records of inspection and maintenance
shall 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 robrena:
The entire BMP TnWdebris is Remove the trwh/debris.
The perimeter of the wet Areas of bare so and/or erosive Regmde the soil if necessary to remove
detention basin gullies have formed. the gully, and then plant a ground cover
and water until it is established.
Provide lime and a one-time fertilizer
e licOO",
Vegetation is too short or too Maintain vegetation at a height of
I
low approximately six inches.
R:IENGINEERIWOpemion and Maintenium Wet Detention Basin Ageement (1"7).doc
(Page 3 of 9)
BM2828PG00836
BMP element: Potential problem: Now l will ressedlate 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 otherwise Replace the pipe.
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 a Search for the source of the meat
depth greater than the original and remedy the problem if possible.
design depth for sediment Remove the sediment and dispose of it
storage. in a location where it will not cause
Impacts to streams or the BMP.
Erosion has occurral. Provide additional erosion protection
such as reinforced turf matting or riprap
if needed to prevent fltture erosion
problems.
Weeds are present. Remove the weeds, preferably by hand.
If pesticide is used, wipe it on the plants
mow than sprvyina-
The vegetated shelf Best professional practices show Prune according to best professional
that pnming is needed to practices
maintain optimal plant health.
Plants are dead, diseased or Determine the source of the problem:
dying. soils, hydrology, disease, etc. Remedy
the problem and replace plants. Provide
a one-time fbrtilizer 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 ra in .
The main treatment area Sediment has accumulated to a Search for the source of the sediment
depth greater than the original and remedy the problem if possible.
design sediment storage depth. Remove the sediment and dispose of it
in a location where it will not cause
impacts to streets or the BMP.
Algal growth covers over SO% Consult a professional to remove and
of the area. control the al gat owth.
Cattails, phragmites or other Remove the plants by wiping them with
invasive plants cover 500% of the pesticide (do not spray).
basin surface.
R:IENGiNEERINGQperation and MaintenenceMet Detention Basin Agreement (IM7).doc
(Page 4 of 9)
BKO12828PGO0837
BMP element: Potential problem: How I will remediste the Problem:
The embankment Shrubs have started to grow on Remove shrubs immediately.
the embankment.
Evidence of muskrat or beaver Use traps to remove muskrats and
activity is present consult a professional to remove
beavers,
A tree has started to grow on the Consult a dam safety specialist to
embankment remove the tree.
An annual inspection by an Make all needed repairs.
appropriate professional shows
that the embankment needs
air.
The outlet device Clogging has occurred. Clean out the outlet device. Dispose of
the sediment off-site.
The outlet device is dpm ed Repair or replace the outlet device.
The recelvleg water Erosion or other signs ofdamage Contact the local NC vision of Weter
have occurred at the outlet. Quality Regional Office, or 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 residing 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 0
Sediment Removal !5 to Pe anen Pool ?n1
-------------- - volume Sediment RemovalElevation?u Volume
Bottom Elevatio, ft Min.
-----"""'-' -'---------------- 1-ft --
Sediment Bottom Efevatiofi .0
Storage Sed me
FOREBAY MAIN POND Storage
R:IENGINEERINGWperation and Meintonar= Wet Detention Benin Agreement f 10-07).doe 4
(Page 5 of 9)
8KO12828PGO0838
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.
m un
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 a reasonable estimate of the annual cost of inspection, operation
and maintenance of the BMPs approved under the permit, at a discount rate that reflects the
jurisdiction's cost of borrowing minus a reasonable estimate of long term inflation.
Special Reouireinent 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 fiords 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 (2/3) 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.
R-MNGINEER1NG10peratiion and Maintenanoe\Wet Detentioa Basin Agreement (10-07).doc
(Page 6 of 9)
BKO12828PGO0839
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 BAP 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.
RAENQiNEWN00peration end MaintenanceMet Detention Basin Agmw=t (I0.07).doc
(Page 7 of 9)
BKO12828PG00840
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 maintenuce 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.
R:IENGINEERINGOpemtion and MaintmmmkWet Detention Bain Agmanent (I 0.07).doc
(Page 6 of 9)
BK012828PG0084i

The undersigned acknowledges and agrees by its signature below that it is responsible for
the performance of the maintenance procedures listed above. The undersigned agrees to
post the required performance security for both the installation and maintenance of the
BMP(s). The undersigned also agrees to notify the Town of Morrisville of any problems
with the system or prior to any changes to the system or responsible party.
Note: The legally responsible party should not be a honteowmets association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president
1, ?lti S?Cp11•y? , a Notary Public for the State of
County of "ko , do hereby certify that
?j???4 L,m lMayl f , 11 personally appeared before me this 61't-
day of Ny??py , 201 , and acknowledged the execution of the forgoing
instrument on behalf of the 1rntW l*, I IL 14 in the capacity indicated.
Witness my hand and official stamp or seal,
..
Q
?U,),
cc z
SEAL
My commission expires
&Xr:NOMEM Woloperation and MaintenaneeMet Detention Basin Agreement (10-07).doc
Print name: Lulfelf L? 1 m , f L•
(Page 9 of ,9)
BKO12828PG88842
HOOK=012028 PRGEZO9834 - 69842
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecordiog.
Wake County Register of Deeds
Laura M. Riddick
COUNTY Register of Deeds
NouNe.wlo.?
nis Customer Group This Oocumeat
zY of Time Stamps Needed New Time Stamp
g of pages
U.M.1f2QI0i6
Permit Number:
(to be provided by DWQ)
Drainage Area Number:
Filter Strip, Restored Riparian Buffer and Level Spreader
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 after the filter strip is established, any newly planted vegetation
will be watered twice weekly if needed until the plants become established
(commonly six weeks).
- Once a year, the filter strip will be reseeded to maintain a dense growth of
vegetation
- Stable groundcover will be maintained in the drainage area to reduce the
sediment load to the vegetation.
- Two to three times a year, grass filter strips will be mowed and the clippings
harvested to promote the growth of thick vegetation with optimum pollutant
removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and
may be allowed to grow as tall as 12 inches depending on aesthetic requirements
(NIPC,1993). Forested filter strips do not require this type of maintenance.
- Once a year, the soil will be aerated if necessary.
- Once a year, soil pH will be tested and lime will be added if necessary.
After the filter strip is established, it will be inspected quarterly and within 24 hours
after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County).
Records of operation and maintenance will be kept in a known set location and will 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 filter strip Trash/debris is present. Remove the trash/debris.
system
The flow splitter device The flow splitter device is Unclog the conveyance and dispose
(if applicable) clogged. of an sediment off-site.
The flow splitter device is Make any necessary repairs or
damaged. replace if damage is too large for
repair.
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page I of 3
BMP element: Potential problem: How I will remediate the problem:
The swale and the level The swale is clogged with Remove the sediment and dispose
lip sediment. of it off-site.
The level lip is cracked, Repair or replace lip.
settled, undercut, eroded or
otherwise damaged.
There is erosion around the Regrade the soil to create a berm
end of the level spreader that that is higher than the level lip, and
shows stormwater has then plant a ground cover and
bypassed it. water until it is established. Provide
lime and a one-time fertilizer
application.
Trees or shrubs have begun Remove them.
to grow on the swale or just
downslo of the level lip.
The bypass channel Areas of bare soil and/or Regrade the soil if necessary to
erosive gullies have formed. remove the gully, and then
reestablish proper erosion control.
Turf reinforcement is Study the site to see if a larger
damaged or ripap is rolling bypass channel is needed (enlarge if
downhill. necessary). After this, reestablish
the erosion control material.
The filter strip Grass is too short or too long Maintain grass at a height of
if applicable). approximately three to six inches.
Areas of bare soil and/or Regrade the soil if necessary to
erosive gullies have formed. remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Sediment is building up on Remove the sediment and
the filter strip. restabilize the soil with vegetation if
necessary. Provide lime and a one-
time fertilizer application.
Plants are desiccated. Provide additional irrigation and
fertilizer as needed.
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
Nuisance vegetation is Remove vegetation by hand if
choking out desirable species. possible. If pesticide is used, do not
allow it to get into the receiving
water.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality local Regional Office, or the
outlet. 401 Oversi t Unit at 919-733-1786.
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3
Permit Number:
(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:Chessington Subdivision
BMP drainage area number: l
Print name:Hamnton Pitts. Ashton Woods Homes
Title:Division President
Address:4601 Six Forks Rd.. Suite 121. Raleigh. NC 27609
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.
1,
D n ?V?
(? ?? I I 0
t/t t a Notary Public for the State of
of f??(?,, , do hereby certify that
personally appeared before me this
day of
and acknowledge the due execution of the
forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements.
Witness my hand and official seal,
MARY HILL HEROLD
NOUWVUKC
WAKE OOUNTY, NO
w Cow Mo'» -
SEAL

My commission expires q I ?-T - zO V
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3
uate: 1 i (v / a