20170342 Ver 1_Wet Detention Basin OMA_20170323

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Return after Jessica Sloan
recording to: Town of Apex
PO Box 250
Apex, NC 27502
WET DETENTION BASIN OPERATION & MAINTENANCE AGREEMENT
This Operation and Maintenance Agreement ("Agreement") is established this 14 day
of March 12017 , by Jennifer Diaz
("Owner"), who is the owner of the Property (hereinafter defined), on behalf of the Owner, the
Association (if applicable), and all successor Owners of the Property and the Town of Apex
("Town")
The "Property" is that certain
Woodbury - Phase 2 & 3
property known as
and which is more
particularly described in that certain deed recorded in Book 003500
County Registry.
Page 00300 , Wake
Owner represents, warrants, and agrees that Owner is financially responsible for the
construction, maintenance, repair and replacement of all stormwater control structures,
appurtenances and vegetation, including the impoundment, located on the Property. Owner
agrees to perform the maintenance as outlined below and as may be applicable or required as
part of the regulations set forth in Section 6.1.12 of the Town of Apex Unified Development
Ordinance. A Homeowners Association or Property Owners Association shall not be the
financially responsible party unless more than 50% of the lots or units have been sold and a
resident of the subdivision has been named the president.
Owner shall keep a maintenance record for maintenance performed related to
stormwater Best Management Practices on the Property ("BMP Maintenance Record"). The BMP
Maintenance Record shall be kept by Owner in a log in a known, set location and made available
upon request. Any deficient BMP elements noted in the inspection shall be corrected, repaired

K
or replaced immediately by Owner. These deficiencies can affect the integrity of structures,
safety of the public, and the pollutant removal efficiency of the BMP.
NUMBER OF WET DETENTION BASINS: 4
A wet detention basin is a stormwater management facility that includes a permanent
pool of water for removing pollutants and additional capacity above the permanent pool for
detaining stormwater runoff. The wet detention basin system is defined as the wet detention
basin, outlet structure, pretreatment including forebays, grassed swales, and the vegetated
filter if one is provided.
0 The system: 0 does 0 does not incorporate a level spreader / vegetated filter strip
at the outlet.
Inspection and maintenance procedures:
• immediately after the wet detention basin is planted, the plants on the vegetated shelf
and perimeter of the basin shall be watered twice weekly or until the plants become
established (commonly six weeks). The watering shall take place according to the
odd/even watering schedule cited in the Town of Apex Code of Ordinances.
• No portion of the wet detention basin shall be fertilized after the first initial fertilization
that is required to establish the plants on the vegetated shelf.
• Stable groundcover shall be maintained to reduce sediment load to the basin.
After the wet detention basin is established, Owner shall inspect it once a month and within 24
hours after every storm event greater than 1.0 inches. Owner shall keep records of inspection
and maintenance in a known, set location and be made available upon request.
Notices to Owner shall be sent to:
Pulte Home Corporation
1225 Cresent Green Drive, Suite 250
Cary, NC 27518
919.816.1146
(Phone number)
Notices to Town shall be sent to:
Stormwater & Utility Engineering Manager
PO Box 250
Apex, NC 27502
[phone]
Last updated: 11/17/2016

Inspection activities shall be performed by Owner as follows. Any problems that are found
shall be repaired by Owner immediately.
BIVIP Element
Potential Problems
Problem Remediation
The entire BIVIP
Trash/debris is present.
Remove the trash/debris.
Regrade the soil if necessary to
Areas of bare soil and/or
remove the gully and plant a ground
cover. Water until it is established;
The perimeter of the wet
erosive gullies have formed.
provide lime and a onetime fertilizer
detention basin
application.
Vegetation is too short or too
Maintain vegetation at a height of
long.
approximately six inches.
The pipe is clogged.
Unclog the pipe. Dispose of the
sediment offsite.
The pipe is cracked or
Replace the pipe.
The inlet device: pipe or
otherwise damaged.
swale
Regrade the swale if necessary to
smooth it over and provide erosion
Erosion is occurring in the
control devices such as reinforced
swale.
turf matting or riprap to avoid
future problems with erosion.
Search for the source of the
Sediment has accumulated
sediment and remedy the problem
to a depth greater than the
if possible. Remove the sediment
original design depth for
and dispose of it in a location where
sediment storage.
it will not cause impacts to streams
or the BM .
Provide additional erosion
The forebay
Erosion has occurred.
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Remove the weeds, preferably by
Weeds are present.
hand. If pesticide is used, wipe it on
the plants rather than spraying.
Best professional practices
show that pruning is needed
Prune according to best
to maintain optimal plant
professional practices.
health.
Determine the source of the
The vegetated shelf
problem: soils, hydrology, disease,
Plants are dead, diseased, or
etc. Remedy the problem and
replace plants. Provide a onetime
dying.
fertilizer application to establish
ground cover if a soil test indicates
it is necessary.
Last updated: 11/17/2016

BMP Element
Potential Problems
Problem Remediation
Remove the weeds, preferably by
Weeds are present.
hand. If pesticide is used, wipe it on
the plants rather than spraying.
Search for the source of the
Sediment has accumulated
sediment and remedy the problem
to a depth greater than the
if possible. Remove the sediment
original depth for sediment
and dispose of it in a location where
storage.
it will not cause impacts to streams
The main treatment area
or the BMP.
Algal growth covers over 50%
Consult a professional to remove
of the area.
and control 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.
Shrubs have started to grow
on the embankment.
Remove shrubs immediately.
Use traps to remove muskrats and
Evidence of muskrat or
consult a professional to remove
beaver activity is present.
beavers.
The embankment
A tree has started to grow on
Consult a dam safety specialist to
the embankment.
remove the tree.
An annual inspection shows
Make all needed repairs. Consult a
that the embankment needs
professional.
repair.
Clogging has occurred.
Clean out the outlet device. Dispose
of the sediment offsite.
The outlet device is
Repair or replace the outlet device.
The outlet device
damaged.
Erosion or other signs of
Repair or replace as necessary.
damage have occurred in the
outlet.
Last updated: 11/17/2016

5
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 1
removed to original design specifications.
When the permanent pool depth reads
removed to original design specifications.
feet in the main pond, the sediment shall be
feet in the forebay, the sediment shall be
The agreements, conditions and obligations contained herein are and shall be covenants
and the same shall be binding upon the Owner and its agents, personal representatives, heirs
and assigns and all other successors in interest and shall continue as a servitude running with the
above described land in perpetuity. Owner agrees to notify the Town of Apex of any problems
with the BMP and notify the Town prior to any changes to the BMP or responsible party.
Last updated: 11/17/2016

11
IN WITNESS WHEREOF, the Owner has caused this instrument to be signed in its corporate
name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board
of Directors, the day and year first written above.
Attest:
1, the
that
COUNTY
undersigned
(Owner)
Title
,Secretary (Corporate Seal)
Notary Public, do hereby certify
personally appeared before me this day and acknowledge
the execution of the foregoing instrument.
Witness my hand and official seal this day of 20_.
My commission expires:
Notary Public
SEAL
Last updated: 11/17/2016

�,PE-�
J, <
A/ C
Return after Jessica Sloan
recording to: Town of Apex
PO Box 250
Apex, NC 27502
WET DETENTION BASIN OPERATION & MAINTENANCE AGREEMENT
This Operation and Maintenance Agreement ("Agreement") is established this 14 day
of March 12017 , by Jennifer Diaz
("Owner"), who is the owner of the Property (hereinafter defined), on behalf of the Owner, the
Association (if applicable), and all successor Owners of the Property and the Town of Apex
("Town")
The "Property" is that certain
Woodbury - Phase 1
property known as
and which is more
particularly described in that certain deed recorded in Book 003500
County Registry.
Page 00300 , Wake
Owner represents, warrants, and agrees that Owner is financially responsible for the
construction, maintenance, repair and replacement of all stormwater control structures,
appurtenances and vegetation, including the impoundment, located on the Property. Owner
agrees to perform the maintenance as outlined below and as may be applicable or required as
part of the regulations set forth in Section 6.1.12 of the Town of Apex Unified Development
Ordinance. A Homeowners Association or Property Owners Association shall not be the
financially responsible party unless more than 50% of the lots or units have been sold and a
resident of the subdivision has been named the president.
Owner shall keep a maintenance record for maintenance performed related to
stormwater Best Management Practices on the Property ("BMP Maintenance Record"). The BMP
Maintenance Record shall be kept by Owner in a log in a known, set location and made available
upon request. Any deficient BMP elements noted in the inspection shall be corrected, repaired

K
or replaced immediately by Owner. These deficiencies can affect the integrity of structures,
safety of the public, and the pollutant removal efficiency of the BMP.
NUMBER OF WET DETENTION BASINS: 1
A wet detention basin is a stormwater management facility that includes a permanent
pool of water for removing pollutants and additional capacity above the permanent pool for
detaining stormwater runoff. The wet detention basin system is defined as the wet detention
basin, outlet structure, pretreatment including forebays, grassed swales, and the vegetated
filter if one is provided.
0 The system: 0 does 0 does not incorporate a level spreader / vegetated filter strip
at the outlet.
Inspection and maintenance procedures:
• immediately after the wet detention basin is planted, the plants on the vegetated shelf
and perimeter of the basin shall be watered twice weekly or until the plants become
established (commonly six weeks). The watering shall take place according to the
odd/even watering schedule cited in the Town of Apex Code of Ordinances.
• No portion of the wet detention basin shall be fertilized after the first initial fertilization
that is required to establish the plants on the vegetated shelf.
• Stable groundcover shall be maintained to reduce sediment load to the basin.
After the wet detention basin is established, Owner shall inspect it once a month and within 24
hours after every storm event greater than 1.0 inches. Owner shall keep records of inspection
and maintenance in a known, set location and be made available upon request.
Notices to Owner shall be sent to:
Pulte Home Corporation
1225 Cresent Green Drive, Suite 250
Cary, NC 27518
919.816.1146
(Phone number)
Notices to Town shall be sent to:
Stormwater & Utility Engineering Manager
PO Box 250
Apex, NC 27502
[phone]
Last updated: 11/17/2016

Inspection activities shall be performed by Owner as follows. Any problems that are found
shall be repaired by Owner immediately.
BIVIP Element
Potential Problems
Problem Remediation
The entire BIVIP
Trash/debris is present.
Remove the trash/debris.
Regrade the soil if necessary to
Areas of bare soil and/or
remove the gully and plant a ground
cover. Water until it is established;
The perimeter of the wet
erosive gullies have formed.
provide lime and a onetime fertilizer
detention basin
application.
Vegetation is too short or too
Maintain vegetation at a height of
long.
approximately six inches.
The pipe is clogged.
Unclog the pipe. Dispose of the
sediment offsite.
The pipe is cracked or
Replace the pipe.
The inlet device: pipe or
otherwise damaged.
swale
Regrade the swale if necessary to
smooth it over and provide erosion
Erosion is occurring in the
control devices such as reinforced
swale.
turf matting or riprap to avoid
future problems with erosion.
Search for the source of the
Sediment has accumulated
sediment and remedy the problem
to a depth greater than the
if possible. Remove the sediment
original design depth for
and dispose of it in a location where
sediment storage.
it will not cause impacts to streams
or the BM .
Provide additional erosion
The forebay
Erosion has occurred.
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Remove the weeds, preferably by
Weeds are present.
hand. If pesticide is used, wipe it on
the plants rather than spraying.
Best professional practices
show that pruning is needed
Prune according to best
to maintain optimal plant
professional practices.
health.
Determine the source of the
The vegetated shelf
problem: soils, hydrology, disease,
Plants are dead, diseased, or
etc. Remedy the problem and
replace plants. Provide a onetime
dying.
fertilizer application to establish
ground cover if a soil test indicates
it is necessary.
Last updated: 11/17/2016

BMP Element
Potential Problems
Problem Remediation
Remove the weeds, preferably by
Weeds are present.
hand. If pesticide is used, wipe it on
the plants rather than spraying.
Search for the source of the
Sediment has accumulated
sediment and remedy the problem
to a depth greater than the
if possible. Remove the sediment
original depth for sediment
and dispose of it in a location where
storage.
it will not cause impacts to streams
The main treatment area
or the BMP.
Algal growth covers over 50%
Consult a professional to remove
of the area.
and control 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.
Shrubs have started to grow
on the embankment.
Remove shrubs immediately.
Use traps to remove muskrats and
Evidence of muskrat or
consult a professional to remove
beaver activity is present.
beavers.
The embankment
A tree has started to grow on
Consult a dam safety specialist to
the embankment.
remove the tree.
An annual inspection shows
Make all needed repairs. Consult a
that the embankment needs
professional.
repair.
Clogging has occurred.
Clean out the outlet device. Dispose
of the sediment offsite.
The outlet device is
Repair or replace the outlet device.
The outlet device
damaged.
Erosion or other signs of
Repair or replace as necessary.
damage have occurred in the
outlet.
Last updated: 11/17/2016

5
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 1
removed to original design specifications.
When the permanent pool depth reads
removed to original design specifications.
feet in the main pond, the sediment shall be
feet in the forebay, the sediment shall be
The agreements, conditions and obligations contained herein are and shall be covenants
and the same shall be binding upon the Owner and its agents, personal representatives, heirs
and assigns and all other successors in interest and shall continue as a servitude running with the
above described land in perpetuity. Owner agrees to notify the Town of Apex of any problems
with the BMP and notify the Town prior to any changes to the BMP or responsible party.
Last updated: 11/17/2016

11
IN WITNESS WHEREOF, the Owner has caused this instrument to be signed in its corporate
name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board
of Directors, the day and year first written above.
Attest:
1, the
that
COUNTY
undersigned
(Owner)
Title
,Secretary (Corporate Seal)
Notary Public, do hereby certify
personally appeared before me this day and acknowledge
the execution of the foregoing instrument.
Witness my hand and official seal this day of 20_.
My commission expires:
Notary Public
SEAL
Last updated: 11/17/2016