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HomeMy WebLinkAboutWSMU_KERN_WSWP Other Info_20210203T @V1'JV;N F �'CERNIEF VILLE +fir s r. . l!' VV AT E R S H E D A N D ST .R,I111'lill•A A D IVI I N I S T RAT, IV E IVI A N,Ln Y _ yr Av kg tOR ,'r'>^'.•by �.+ .. �:•ry' � _• �j_ 'i{: ].+�,.•' lam.~ . • i. TABLE OF CONTENTS I. INTRODUCTION AND PURPOSE...... I IL STORMWATER AND WATERSHED REGULATION ............ I III. STORMWATER BEST MANAGEMENT PRACTICES (BMPs) MANUAL ........................... 1 IV. WATERSHED / STORMWATER PERMIT PROCESS A. Purpose and Application .....................2 B. Watershed/Stormwater Permitting Process 1. Planning, Preliminary Design, and Concept Plan .................................... 3 2. Final Stormwater Management Plan, Construction Drawing Review, and Permitting ........................................ 4 3. Construction, Construction Inspections of Stormwater Control Structures-BMP(s). 8 V. STORMWATER CONTROL STRUCTURES (BMPs) INSPECTION PROGRAM ..................................... 9 APPENDICES 1. Stormwater Concept Plan - Preliminary Site Plan Requirements Submittal Checklist .... I I 2. Stormwater Management System Concept Plan Review Submittal Process...............13 3. Watershed/Stormwater Permit Application Forms 3.a. High Density Permit Application.............14 3.b. Low Density Permit Application .......... 16 3.c. Low Density Permit Application - Impervious Reduction .........................18 4. Watershed/Stormwater Permit Submittal Checklists 4.a. High Density Watershed/Stormwater Permit Submittal Checklist...................20 4.b. Stormwater Design Construction Plans Submittal Checklist ...........................21 5. Guidelines for Surety Posting................23 6. No Practical Alternatives Riparian Buffer Authorization Form ...........................25 7. Variance Request Form........................28 8. BMP(s) Operation and Maintenance Agreement Models 8.a. Operation and Maintenance Agreement for Private Ownership ...........34 8.b. Operation and Maintenance Agreement for Homeowners and Other Associations...................................38 9. Deed of Easement Model......................44 Watershed and Stormwater Administrative Manual i Revised 2020-02-01 10. Operation and Maintenance Plan Models 10.a. Wet Pond Operation and Maintenance Plan...........................................48 10.b. Bioretention Area Operation and Maintenance Plan ............................60 11. Maintenance Escrow Agreement Model.........................................72 12. Watershed/Stormwater Management Permit Application Process...................7970 13. Stormwater Management Construction and Construction Inspection Process.....801 14. Engineer's Certificate of Stormwater Control Completion Model.................81 15. Town of Kernersville Local Watershed Map........................................... 823 16. Town of Kernersville Watershed Bond Performance Bond Template...............834 Watershed and Stormwater Administrative Manual ii Revised 2020-02-01 I. INTRODUCTION AND PURPOSE The Town of Kernersville Watershed and Stormwater Administrative Manual, referred to hereafter as Administrative Manual, has been developed for the purpose of providing guidance and clarity for implementation of the Town of Kernersville Stormwater and Watershed Regulations including Stormwater Post - Construction Controls, Buffer Rules and Water Supply Watershed Protection Regulations within the Town of Kernersville and its Extra -territorial Jurisdiction (ETJ). The Administrative Manual includes application requirements and forms, submission schedules, fee schedules, maintenance agreements, variances forms and information on where to obtain copies of the Town of Kernersville Stormwater Ordinances and information about the North Carolina Stormwater Best Management Practice Manual. A digital copy of the Administrative Manual is available at the Town of Kernersville Website under the following link: Town of Kernersville - Permits, Ordinances, & Specs. IL STORMWATER AND WATERSHED REGULATIONS The Town of Kernersville Stormwater and Watershed regulations (Stormwater Post - Construction Controls, Buffer Rules and Water Supply Watershed Protection Regulations) are designed to control stormwater pollutants as well as increased stormwater volume and velocity from new development and redevelopment so that water quality is protected and downstream flooding is reduced; those regulations are included in the Town of Kernersville Unified Development Ordinance UDO within the Chapter C "Environmental Ordinance" as following: • Watershed Protection Ordinance — Unified Development Ordinance Chapter C Article III. The effective date of this Ordinance was July 1, 1993 • Stormwater Runoff - Unified Development Ordinance Chapter C Article IV - Section 3- Post - Construction Runoff. The effective date of this Ordinance was October 1, 2007. • Riparian Buffer Protection Ordinance for Lands within the Jordan Watershed - Unified Development Ordinance Chapter C Article V. The effective date of this Ordinance was July 1, 2011. Riparian Buffer Protection Ordinance for Lands within the Randleman Lake Watershed - Unified Development Ordinance Chapter C Article VI. The effective date of this Ordinance was July 1, 2011. Copy of the Town of Kernersville Unified Development Ordinance UDO, including Chapter C, Articles III, IV, V and VI can be found at the Town of Kernersville Web -site under the following link: http://toknc.com/documents/files/Table`/`20of`/` 20Contents.pdf. Also, copy of the Town of Kernersville Local Watershed Map is available in Appendix 15 "Town of Kernersville Watershed Map" of this document and at the Town of Kernersville Web - site under the following link: Town of Kernersville - Permits,Ordinances, & Specs. III. STORMWATER BEST MANAGEMENT PRACTICES (BMPs) MANUAL The Watershed Administrator (Town of Kernersville staff, located at the Community Development Department -Engineering Division, in charge of the issue of the Town Watershed/Stormwater Permit) and Stormwater Administrator (Town of Kernersville staff, located at the Public Services Department- Stormwater Division, in charge of the Town of Watershed and Stormwater Administrative Manual 1 Revised 2020-02-01 Kemersville BMP(s) Inspection Program) shall use the policies, criteria, and information, including technical specifications and standards, in the most current revision of the North Carolina Stormwater Best Management Practice Manual; and for publicly funded linear transportation projects, the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox; as the basis for decisions about Watershed/Stormwater permits and about the design, implementation and performance and maintenance of structural and non-structural stormwater BMPs. The North Carolina Stormwater Best Management Practices Manual includes a list of acceptable stormwater treatment practices, BMP(s), including the specific design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Town of Kemersville Stormwater and Watershed regulations. The Town of Kemersville Design and Construction Specifications document is also a useful reference for designers and developers. This manual was approved by the Board of Alderman as a Town ordinance and contains information pertinent to other stormwater infrastructure designs. If the standards, specifications, guidelines, policies, criteria, or other information in the North Carolina Stormwater Best management Practices Manual and in North Carolina Department of Transportation Stormwater Best Management Practices Toolbox are amended subsequent to the submittal of an application for approval pursuant to the Town of Kemersville Stormwater/Watershed regulations but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing the Town of Kemersville Stormwater/Watershed regulations with regard to the application. The most current version of the North Carolina Stormwater Best management Practices Manual and the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox shall apply regarding the date of submittal of a new application. A digital copy of The North Carolina Stormwater Best Management Practices Manual is available at the North Carolina Department of Environment and Natural Resources (NCDENR) website; Division of Energy, Mineral and Land Resources; Land Quality Section under the following link: NCDENR - Stormwater BMP Manual A digital copy of The North Carolina Department of Transportation Stormwater Best Management Practices Toolbox is available at the North Carolina Department of Transportation website; Programs; Environmental Programs; Environmental Excellence; Environmental Hot Topics; Stormwater Program; NPDES Permit under the following link: https:Hconnect.ncdot.gov/resources/hydro/Storm water%20Resources/Stormwater%2OBe st%20M anagement%20Practice s%2OToolbox%20- %20March%202008.Ddf A digital copy of The Town of Kemersville Design and Construction Specifications document is available at the Town of Kemersville Website under the following link: Town of Kemersville — Business Information - Permits, Ordinances, & http://toknc.com/documents/files/SpecBook.pdf IV. WATERSHED / STORMWATER PERMIT PROCESS A. Purpose and Application The purpose of the Watershed and Stormwater Permit Process is to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of Stormwater for a development or redevelopment site consistent with the requirements of the Town of Kernersville's UDO, whether the approach consists of structural BMPs or other techniques such as low -impact or low -density design. Compliance after project construction is Watershed and Stormwater Administrative Manual 2 Revised 2020-02-01 assured by the maintenance provisions of the Town of Kernersville Stormwater and Watershed Ordinances. A Watershed/Stormwater Permit is required for all development and redevelopment unless exempt pursuant to the Town of Kernersville Stormwater and Watershed Ordinances. No building or built -upon area shall be erected or expanded, nor shall any building or zoning permit be issued until a Watershed/Stormwater Permit has been issued by the Watershed Administrator or Town Manager's designee. A properly submitted packet (plans, calculation, legal documents, etc.), as well as a reviewed and approved Watershed/Stormwater Permit Application, are required for the issuance of a Watershed/Stormwater Permit. All plans submitted with the application shall be prepared by a registered North Carolina professional engineer or landscape architect. The engineer or landscape architect shall perform services only in their area of competence and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications; that the designs and plans are sufficient to comply with applicable standards and policies found in the North Carolina Stormwater Best Management Practices Manual, and the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox if it is a linear transportation project; and that the designs and plans ensure compliance with the Town of Kernersville Stormwater and Watershed Ordinances. B. Watershed/Stormwater Permitting Process 1. Planning, Preliminary Design, and Concept Plan Before plans will be reviewed and approved for construction, preliminary site plans must be reviewed by the Watershed Administrator through the Community Development department review process. Based upon the review of existing conditions and site analysis, the designer should develop a concept site layout plan for the project. During the concept plan stage the site designer will perform most of the layout of the site including the preliminary stormwater management system design and layout. The stormwater concept plan allows the design engineer to propose a potential site layout and gives the developer and local review staff preliminary information regarding the stormwater management system for the proposed development. The following steps should be followed in developing the stormwater concept plan: a. Use appropriate site design approaches (see the North Carolina Stormwater Best Management Practices Manual) as applicable to develop the site layout, including: • Preserving the natural feature conservation areas defined in the site analysis. • Fitting the development to the terrain and minimizing land disturbance. • Reducing impervious surface area through various techniques. • Preserving and utilizing the natural drainage system wherever possible. b. Calculate preliminary estimates of the The Watershed/Stormwater Permitting Process stormwater sizing criteria requirements can be separated into three phases of stages: for water quality, channel protection, Planning, Preliminary Design, and Concept overbank flooding protection and Plan; Final Stormwater Management Plan, extreme flood protection based on the Construction Drawing Review and Permitting; concept plan site layout. and Construction and Construction Inspections of Stormwater Control Structures-BMP(s). c. Perform screening and preliminary selection of appropriate structural Watershed and Stormwater Administrative Manual 3 Revised 2020-02-01 stormwater controls and identification of potential sitting locations. It is extremely important at this stage that stormwater design is integrated into the overall site design concept in order to best reduce the impacts of the development as well as provide for the most cost-effective and environmentally sensitive approach. The goal of maintaining natural hydrologic conditions as a site is developed, to the extent possible, can reduce the economic costs of stormwater management and minimize the negative environmental impacts associated with development. It is recommended that prior to the preparation of the Final Stormwater Plan; the owner or developer shall request a consultation meeting with the Watershed Administrator on a concept plan for the post -construction stormwater management system to be utilized in the proposed development project. This consultation meeting shall take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post - construction stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. The development process will typically proceed much faster and smoother if the concept meeting is conducted very early in the process. Appendix 01 "Stormwater Concept Plan - Preliminary Site Plan Requirements Submittal Checklist" contains the list of the items that should be submitted to the Watershed Administrator for review purposes prior to the preparation and submittal of the Final Stormwater Management Plan and Construction Plans. The Stormwater Management System Concept Plan is only a portion of the preliminary submittal through the Community Development Department review process. The Community Development Department must approve the proposed preliminary site plan with respect to City ordinances and policies relating to all components of the development plan (e.g., zoning, subdivision, utility, landscape, etc.) in addition to the Stormwater Management System Concept Plan before the developer may submit an application and construction plans for the Watershed/Stormwater Permit. The "Planning, Preliminary Design, and Concept Plan" phase is outlined in Appendix 02 "Stormwater Management System Concept Plan Review Submittal Process" 2. Final Stormwater Management Plan, Construction Drawing Review, and Permitting The final Stormwater Management Plan ensures that requirements and criteria are being complied with and that opportunities are being taken to minimize adverse impacts from the development. The Final Stormwater Management Plan should consist of plans; narrative and supporting design calculations (hydrologic and hydraulic); proper documentation and adequate financial assurance for the proposed stormwater management system. For review purposes, the final stormwater management plan should include the following elements: a. Existing Conditions Hydrologic Analysis: Provide an existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities, which includes: Watershed and Stormwater Administrative Manual 4 Revised 2020-02-01 • A topographic map of existing site • Methodologies, assumptions, site conditions (minimum 2-foot contour parameters and supporting design interval recommended) with the calculations used in analyzing the basin boundaries indicated. existing and proposed conditions • Acreage, soil types and land cover site hydrology. of areas for each sub basin affected by the project. c. Stormwater Management System: • All perennial and intermittent Provide drawings, design calculations streams and other surface water and specifications for the proposed features. stormwater management system, • All existing stormwater including: conveyances and structural control • A drawing of the stormwater facilities. management system including the • Delineation of on -site and off -site location of nonstructural site design drainage areas including number of features and the placement of acres. existing and proposed structural • Direction of flow and exits from the stormwater controls. This drawing site. should show design water surface • Analysis of runoff from off -site elevations, storage volumes areas upstream of the project site. available from zero to maximum • Methodologies, assumptions, site head, location of inlets and outlets, parameters and supporting design location of bypass and discharge calculations used in analyzing the systems, and all orifice/restrictor existing conditions site hydrology. sizes. • Narrative describing selection b. Post -Development Hydrologic process for appropriate and effective Analysis: Provide a post -development structural stormwater controls. hydrologic analysis for stormwater • Plan view, Cross -sections and runoff rates, volumes, and velocities, profile drawings and design details which includes: for each of the structural stormwater • A topographic map of developed controls (BMPs) in the system. This site conditions (minimum 2-foot should include supporting contour interval recommended) with calculations to show that the the post -development basin structure is designed according to boundaries indicated. the applicable design criteria and the • Location of proposed roads, North Carolina Best Management building, parking lots, etc. Practices Manual. • Total area of post -development . Hydrologic and hydraulic analysis impervious surfaces and other land of the Stormwater management cover areas for each sub basin system for all applicable design affected by the project. storms (should include stage -storage • Unified stormwater sizing criteria or outlet rating curves, and inflow runoff calculations for water quality, and outflow hydrographs). channel protection, overbank • Drawings, design calculations and flooding protection and extreme elevations for all existing and flood protection for each sub -basin. proposed stormwater conveyance • Location and boundaries of elements including stormwater proposed natural feature protection drains, pipes, culverts, catch basins, and conservation areas. channels, swales and areas designed for overland flow. Watershed and Stormwater Administrative Manual 5 Revised 2020-02-01 restore a stormwater control d. Erosion and Sedimentation Control structure to design specifications in Plan: All projects which disturb more the event of failure. Include in this than one acre within the Town of plan an annual budget for the Kernersville and its Extraterritorial maintenance and control of the wet Jurisdictional (ETJ) must have an detention basin. The approved approved Erosion and Sedimentation Operation and Maintenance plan Control Permit from NC DENR. The should be signed and notarized and developer shall submit one copy of the submitted to the Town of approved Erosion and Sedimentation Kernersville Engineering Division. Control Plans to the Watershed • Draft of the Operation and Administrator. Maintenance Agreement for the BMPs (if applicable) meeting both e. Proper Documentation and adequate Watershed Protection and Storm Financial Assurance for the Proposed water Runoff Ordinances. The Stormwater management system purpose of this agreement is to In addition to an approval for design ensure that each BMP receives construction plans for the proposed adequate maintenance so that it can Stormwater Management System, and satisfactorily perform its pollutant prior to obtaining a Watershed and removal function, and meet the Stormwater permit, the developer and/or Town of Kernersville Watershed property owner shall comply with others and Stormwater runoff regulations. Watershed Protection and Storm water The agreement also designates the Runoff Ordinances requirements, which responsible party who shall be in require as part of the permitting process charge of maintaining the BMP. It the submittal of the following serves as a legal document to ensure documents for review and approval by maintenance and also outlines the the Watershed Administrator and/or routine maintenance schedule for Watershed Review Committee: each BMP. The approved Operation • Complete Watershed and and Maintenance Agreement shall Stormwater Permit Application be recorded in the office of the and payment of Stormwater Site Register of Deeds and submitted to Plan Review fees. The Watershed the Town of Kernersville and Stormwater Permit Application Engineering Division. fee must be paid with the submittal • Deed of Easement. For a of the Permit Application in order development that involves any for the application to be considered stormwater control structure, the complete for review. The Town of applicant shall convey unto the Kernersville Schedule of Fees and Town of Kernersville or its Charges is in the approved current successors or assigns an easement fiscal year Budget document and right-of-way establishing the available online at: right to ingress, egress, and regress Town of Kernersville - Finance over the property for the purpose of • Draft of an Operation and inspection, repair, or maintenance of Maintenance Plan for each BMP the stormwater control structure(s). (if applicable). Such plan shall A description of the area containing specify all operation and the storm water control structure(s) maintenance work necessary for the within a drainage easement shall be stormwater control structure(s) and contained within the deed filed with methods to be used to maintain or the Register of Deed together with any dedication necessary for access Watershed and Stormwater Administrative Manual 6 Revised 2020-02-01 to and from the stormwater control replacement, major repair, or structure(s) and a public street. The reconstruction of the structural approved deed of easement shall be BMPs. recorded in the office of the Register • Town of Kernersville No Practical of Deeds and submitted to the Town Alternatives - Riparian Buffer of Kernersville Engineering Authorization Application Form Division. (If applicable). Persons who wish • Submit a Construction to undertake uses designated as Performance Surety to the Town allowable or allowable with of Kernersville for the amount mitigation (as per the Table of Uses equal to one hundred percent of the Jordan and Randleman Buffer twenty (120%) of the total cost of Rules) shall submit a request for a the storm water control structure "No practical alternatives" (If applicable). Performance determination to the Town of Sureties may be in the form of Kernersville. A Buffer Standby Letters of Credit, Authorization may be issued by the Performance Bonds, and Cash. Town of Kernersville. Please refer Please submit unit cost information to the Town's UDO buffer rules and pertaining to all storm water control watershed regulations (Chapter C structures and /or bids from the Articles III, V, and VI). contractor hired to perform the work • Town of Kernersville Variance and any change orders related Request Application Form (If thereto as a method to determine the applicable) for the UDO Chapter C basis for cost of the work for the Articles III, V and VI. The Town construction of the BMP. The may issue a Minor Variance, upon Engineering Division will review request from the developer or and approve the total cost estimation developer's representative. A Major for the construction of the BMP. Variance request will be processed • Covenants and Restrictions (If through the Town of Kernersville, applicable). For those but shall be issued by the North developments having a permanent Carolina Environmental stormwater control structure, Management Commission and (Homeowner's / Property Owner's) requires extensive reporting and a Association Covenants, Conditions local Watershed Review Committee and Restrictions and Articles of hearing and report. Incorporation shall be reviewed and • Copy of any required approved by the Watershed Review environmental permit by Committee prior to recordation of a NCDENR Division of Water plat. Resources (NCDWR) and the US • Maintenance Escrow Agreement Army Corps of Engineers (If applicable). For all structural (USAGE) (Stream and/or BMPs that are to be or are owned Jurisdictional Wetland Impacts - and maintained by an owners' 404 general or Individual Permit & association, the Town of 401 Water Quality Certification; Kernersville Stormwater Runoff Isolated Wetland Impacts; Stream Ordinance requires the Determinations; Buffer establishment of an escrow account authorizations; etc.) for the long term maintenance of the BMP(s); which can be spent solely See appendix 03 for the High Density for sediment removal, structural, and Low Density Watershed/Stormwater biological or vegetative Permit Applications; appendix 04 for the Watershed and Stormwater Administrative Manual 7 Revised 2020-02-01 Checklists of the items that should be submitted to the Watershed Administrator for review and approval prior to the issuance of a Watershed/Stormwater Permit; and appendix 05 "Guidelines for Surety Posting" for information about the performance Sureties. Appendices 06 to 11 contain templates of most of the documents mentioned above for the convenience and use of developers and property owners. Electronic copy of this model documents can be found at the Town of Kernersville Web -site under the following link: Town of Kernersville - Applications and Forms Additionally, the "Final Stormwater Management Plan, Construction Drawing Review, and Permitting" phase is outlined in Appendix 12 "Watershed/Stormwater Management Permit Application Process" Flow Chart. Construction and Construction Inspections of Stormwater Control Structures-BMP(s) The Construction and Construction Inspections of Stormwater Control Structures-BMP(s) Phase is outlined on Appendix 13, titled "Stormwater Management Construction and Construction Inspection Process." Once the Watershed/Stormwater Permit is issued, construction may begin, provided all other environmental permits have been obtained, or are in the process of being obtained, and all requirements of the Town of Kernersville Community Development Department have been satisfied. During construction, Town staff may conduct periodic construction inspections of Stormwater BMP(s), however the designer is ultimately responsible to certify that any structural BMPs meet the requirements of the ordinance and Stormwater Permit. Certain BMP(s) (as Bio-retention Areas) should not be constructed until the drainage area to that BMP has been stabilized. Should a BMP be constructed prior to adequate ground stabilization provisions being implemented, the responsibility of reconstruction, replanting or replacement of any contaminated soils is the responsibility of the owner Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved Stormwater Management Plan and design, and shall submit "as built" plans for all BMPs after final construction is completed to the Watershed Administrator. The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall also certify, under seal, that the as -built stormwater measures, controls, and devices are in compliance with the approved stormwater plans and designs and with the requirements of the Town of Kemersville's applicable ordinances. Appendix 14 "Engineer's Certificate of Stormwater Control Completion" contains a model that the Town of Kernersville has available for the convenience and use of designers. After review and approval by the Watershed Administrator of the BPM(s) As -built plans and Engineer's Certificate of Stormwater Control Completion, and any other pending requirements; the owner may request release of fifty percent (50%) of the performance surety. Upon request by the owner, the Stormwater Division shall inspect the stormwater control structure(s) to determine that the stormwater control(s) have been constructed and maintained as required by the Town of Kemersville's Stormwater and Watershed Ordinances. Watershed and Stormwater Administrative Manual 8 Revised 2020-02-01 The Stormwater Administrator, upon determining that the stormwater control(s) have been installed in conformity with the Town of Kernersville's Stormwater and Watershed Ordinances and maintained properly, shall release fifty percent (50%) of the performance surety. No sooner than one year after the completion of the Stormwater control structure, BMP(s), the owner may request release of the remainder of the performance surety. Upon request by the owner, the Stormwater Division shall inspect the stormwater control structure(s) to determine that the stormwater control(s) are performing as required by the Town of Kemersville's Stormwater and Watershed Ordinances. If the plantings or other features cannot be viewed due to time of year, plant dormancy or leaf cover, then the inspection may be delayed until such time as the inspection may be performed. The Stormwater Administrator, upon determining that the stormwater control(s) are performing as required by the Town of Kemersville's Stormwater and Watershed Ordinances, and after any needed repairs to the stormwater control structure(s) are made by the owner, shall release the remaining performance surety. 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 Town of Kernersville may use all or any portion of the performance surety to make necessary improvements based on an engineering estimate or bids. 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 surety, the Town of Kernersville shall not return any of the unused performance surety, which shall be retained for maintenance. If the Town of Kernersville takes action upon such failure by the applicant or owner, the Town of Kernersville 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 performance surety held. V. STORMWATER CONTROL STRUCTURES (BMPs) INSPECTION PROGRAM Inspections and inspection programs by the Town of Kernersville may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental regulations. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs. If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties. The Stormwater Administrator may notify the owner of any repair or reconstruction necessary to meet the requirements of the Town of Kemersville's Stormwater and Watershed Ordinance All repair or reconstruction shall be in accordance with the approved plans and specifications for the stormwater control structure and the operation and maintenance plan and shall be completed within ninety (90) days after notification by the Stormwater Administrator. Upon request by the owner, the Watershed and Stormwater Administrative Manual 9 Revised 2020-02-01 Stormwater Administrator shall inspect and approve the completed repairs. Annual Maintenance Inspection and Reports by the Owner of the BMP(s) All stormwater control structures shall be inspected at least on an annual basis to determine that the controls are performing as required by the Town of Kernersville's Stormwater and Watershed Ordinances. For stormwater control structures completed and approved by the Town of Kernersville after October 2007, the owner or person responsible for maintenance shall submit to the Stormwater Administrator an inspection report from a qualified registered North Carolina professional engineer, surveyor, soil scientist or landscape architect performing services only in their area of competence. The inspection report shall contain all of the following: • The name and address of the land owner; • The recorded book and page number of the lot of each structural BMP; • A statement that an inspection was made of all structural BMPs; • The date the inspection was made; • A statement that all inspected structural BMP(s) are performing properly and are In compliance with the terms and conditions of the approved maintenance agreement required by the Town of Kernersville regulations. • The original signature and seal of an engineer, surveyor, soil scientist or landscape architect who either has adequate training in BMP maintenance or has been certified to maintain BMPs. • Homeowner's and other associations required entering into an operation and maintenance agreement shall include a financial statement certifying compliance with the escrow account long term maintenance requirement. An original inspection report shall be provided to the Stormwater Administrator beginning one year from the date of as -built certification and each year thereafter on or before the date of the as -built certification. Watershed and Stormwater Administrative Manual 10 Revised 2020-02-01 APPENDIX 1 Town of Kernersville P.O. Box 728 Kernersville, NC 27285-0728 `�y�,� QF Kf9yF9 TOWN OF KERNERSVILLE 1� ORATE 134 East Mountain Street Telephone (336)996-3121 Fax (336)996-4822 STORMWATER CONCEPT PLAN - PRELIMINARY SITE PLAN REQUIREMENTS SUBMITTAL CHECKLIST Site plan at a scale of not less than one (1) inch equals 100 feet. Property lines with bearings and distances of the land to be developed; names of the owners of all adjacent land. Topographic contours at an interval of four (2) feet, showing existing and proposed contours. Location of existing structures and other impervious areas Watershed Site Data Block • Watershed Name & Classification • Total Site Acreage = "A" • Existing Impervious Areas Built prior to 1993 = "B" • Existing Impervious Areas Built after 1993 = "C" • Total Undeveloped Acreage under regulations = "D" (D = A-B) • New acreage of Impervious Area Proposed = "E" • Percentage of Impervious area proposed = "P" {P = [(C+E) / (D)] * 100} Delineation of on -site and off -site drainage areas including number of acres Direction of stormwater flow and exits from the site Plan view of the proposed stormwater drainage system • Preliminary Location of inlets, manholes, pipe lines, and other storm drainage structures. Watershed and Stormwater Administrative Manual 11 Revised 2020-02-01 Location of existing and proposed conveyance systems such as grass channels, swales, natural vegetated conveyance, level spreaders, etc. Existing Ditches, swales, pipes, and drainage easements which are adjacent to the proposed project Preliminary Drainage Calculations Preliminary grading plan that should include finish grading for the residential unit in case of subdivision and other developments. Delineation of Predominant Soil Types (from soil surveys if available) Delineation of Existing Predominant Vegetation Location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, 100 year floodplain, stream buffer and features used in designing buffers and meeting any applicable buffer requirements. Other setbacks(e.g drinking water well setbacks, septic setbacks, etc). Preliminary selection, size, calculations and location of proposed structural stormwater controls (BMP's). Low -impact design elements if applicable. All proposed right-of-ways, easements, parks, playgrounds and other areas proposed to be dedicated to public or common use. Proposed lot lines, dimensions of lots. Lot number and total number of lots, and proposed use of land. Location of right-of-way widths of all existing and proposed streets; water and sewer lines. Vicinity map at a scale of not less than one (1) inch to 1000 feet showing the relation of the property to adjoining property and to all streets, roads, and existing drainage ways within 200 feet of any part of the property to be developed. The legend of the preliminary site plan shall contain the name of the owner(s) of the property and of the authorized agent, if any; the name of the engineer or landscape architect with registration seal, responsible for the plan; north arrow; scale; date; total area, stated in acres, of the land to be developed. Note: The items listed above should be submitted to the Watershed Administrator for review prior to the preparation and submittal of the Final Stormwater Management plan and Construction plans. Watershed and Stormwater Administrative Manual 12 Revised 2020-02-01 J Q H H m W_ W w Z Q J a a w U Z O U W H H Z W 2 W U' Q Z Q W H Q O H N x 6 z W a a a ,O::LRS rr Town of Kernersville i APPENDIX 3. a Planning & Engineering Division } 134 East Mountain Street 'r 4� (336) 992-0206 f*r1 10-0 Watershed/Stormwater Permit - High Density Application Date Submitted: Project Name: Property Address: Project Description: Stormwater Control Measures Description: Property Owner Name: Name of Signing Official and Title (if applicable): Address: Phone: Email: Property Owner Signature Date ***By signing, the owner certifies that the applicant listed below has full permission to act on the owner's behalf for the purposes of securing a permit for the development described in this application. *** Applicant (if different from Property Owner) Name: Company: Address: Phone: Responsible Design Professional Name: Company: Address: Phone: Email: Email: Watershed and Stormwater Administrative Manual 14 Revised 2020-02-01 R-S /r 4 Town of Kernersville Planning & Engineering Division 134 East Mountain Street (336) 992-0206 (Optional) Other contact such as the project manager who is designated to answer questions about the project Name: Company: Address: Phone: SITE DATA Email: A. Total site area (sq. ft.) B. Proposed disturbed area (sq. ft.) C. Existing impervious surface area (sq. ft.) D. Existing impervious surface area built before 1993 (sq. ft.) E. Total regulated undeveloped site area: (A-D) (sq. ft.) F. Total proposed impervious surface area (sq. ft.) G. Regulated impervious surface area: (F-D) (sq. ft.) H. Proposed impervious surface area percentage: (F/A)*100 % I. Regulated impervious surface area percentage: (G/E)*100 % J. If residential, units per acre Note: Filing this application form gives the Town permission to enter property for inspections. OFFICE USE Watershed: Pin(s)#: APPROVAL: Watershed Administrator Date Watershed and Stormwater Administrative Manual 15 Revised 2020-02-01 R-S /r Town of Kernersville r APPENDIX 3. b Planning & Engineering Division } 134 East Mountain Street (336) 992-0206 Watershed/Stormwater Permit - Low Density Application Date Submitted: Project Name: Property Address: _ Project Description: Property Owner Name: Name of Signing Official and Title (if applicable): Address: Phone: Email: Property Owner Signature Date ***By signing, the owner certifies that the applicant listed below has full permission to act on the owner's behalf for the purposes of securing a permit for the development described in this application. *** Applicant (if different from Property Owner) Name: Company: Address: Phone: Responsible Design Professional Name: Company: Address: Phone: Email: Email: Watershed and Stormwater Administrative Manual 16 Revised 2020-02-01 Town of Kernersville Planning & Engineering Division 134 East Mountain Street (336) 992-0206 SITE DATA A. Total site Area (sq. ft. B. Proposed disturbed area (sq. ft. C. Existing impervious surface area (sq. ft. D. Existing impervious surface area built before 1993 (sq. ft. E. Total regulated undeveloped site area: (A-D) (sq. ft. F. Total proposed impervious surface area (sq. ft. G. Regulated impervious surface area: (F-D) (sq. ft. H. Proposed impervious surface area percentage: (F/A)*100 % I. Regulated impervious surface area percentage: (G/E)*100 % J. If residential, units per acre Note: Filing this application gives the Town permission to enter property for inspections. OFFICE USE Watershed: Pin#: Watershed Administrator Date Watershed and Stormwater Administrative Manual 17 Revised 2020-02-01 ,O::LRS rr Town of Kernersville i APPENDIX 3. c Planning & Engineering Division } 134 East Mountain Street 'r 4� (336) 992-0206 f*r1 10-0 Watershed/Stormwater Permit - Low Density Application — Impervious Reduction Date Submitted: Project Name: Property Address: Project Description: Property Owner Name: Name of Signing Official and Title (if applicable): Address: Phone: Email: Property Owner Signature Date ***By signing, the owner certifies that the applicant listed below has full permission to act on the owner's behalf for the purposes of securing a permit for the development described in this application. *** Applicant (if different from Property Owner) Name: Company: Address: Phone: Responsible Design Professional Name: Company: Address: Phone: Email: Email: Watershed and Stormwater Administrative Manual 18 Revised 2020-02-01 SITE DATA A. Total site area B. Proposed disturbed area C. Existing impervious surface Area D. Existing impervious surface area built before 1993 E. Total regulated undeveloped site area: (A-D) F. Total proposed impervious surface area G. Regulated impervious surface area: (F-D) H. Proposed impervious surface area percentage: (F/A)*100 I. Regulated impervious surface area percentage: (G/E)*100 J. If residential, units per acre Town of Kernersville Planning & Engineering Division 134 East Mountain Street (336) 992-0206 (sq. ft. (sq. ft. (sq. ft. (sq. ft. (sq. ft. (sq. ft. (sq. ft. Note: Filing this application form gives the Town permission to enter property for inspections. OFFICE USE Watershed: Pin#: Watershed Administrator Date Watershed and Stormwater Administrative Manual 19 Revised 2020-02-01 APPENDIX 4 a Project Name: Submitted By: Date: SUBMITTAL CHECKLIST HIGH DENSITY WATERSHED/STORMWATER PERMIT TOWN OF KERNERSVILLE YES 1. COMPLETED HIGH DENSITY WATERSHED PERMIT APPLICATION REVIEWERS NO INITIALS E] 2. TWO (2) COPIES OF STORMWATER DESIGN CONSTRUCTION PLANS AND CALCULATIONS FOR INITIAL REVIEW 3. OPERATION AND MANTENANCE AGREEMENT 4. DEED OF EASEMENT F-1 F1 5. OPERATION AND MAINTENANCE PLAN 6. COVENANTS AND RESTRICTIONS (IF APPLICABLE*) 7. CONTRACTOR'S ESTIMATED COST FOR CONSTRUCTION OF BMP(s) 8. PERFORMANCE SURETY FOR BMP(s) F] 9. MAINTENANCE ESCROW AGREEMENT (IF APPLICABLE) 10. COMPLETE RIPARIAN BUFFER AUTHORIZATION r APPLICATION FORM (IF APPLICABLE) 11. COMPLETE VARIANCE REQUEST APPLICATION FORM (IF APPLICABLE) 12. COPIES OF REQUIRED ENVIRONMENTAL PERMITS FROM NCDWR AND/OR USACE (IF APPLICABLE) Date Reviewed: *If owner's association is to own the best management practice(s), BMPs, the association covenants and restrictions must be reviewed and approved prior to recordation of a plat. Note: Items listed above shall be submitted, reviewed and approved prior to issuance of a High Density Watershed/Stormwater Permit. Watershed and Stormwater Administrative Manual 20 Revised 2020-02-01 APPENDIX 4. b Town of Kernersville P.O. Box 728 Kernersville, NC 27285-0728 ��`�y�,� QF Kfyyf9s b TOWN OF KERNERSVILLE ORATE 134 East Mountain Street Telephone (336)996-3121 Fax (336)996-4822 STORMWATER DESIGN CONSTRUCTION PLANS - SUBMITTAL CHECKLIST Vicinity map at a scale of not less than one (1) inch to 1000 feet showing the relation of the property to adjoining property and to all streets, roads, and existing drainage ways within 200 feet of any part of the property to be developed. Site plan at a scale of not less than one (1) inch equals 100 feet. The legend of the development plat shall contain the name of the owner(s) of the property and of the authorized agent, if any; the name of the engineer or landscape architect with registration seal, responsible for the plan; north arrow; scale; date; total area, stated in acres, of the land to be developed. Property lines with bearings and distances of the land to be developed; names of the owners of all adjacent land. Topographic contours at an interval of four (2) feet, showing existing and proposed Contours lines. Location of existing structures and other impervious areas All existing right-of-ways, drainage easements or other dedication to the use of public or others with widths. All proposed right-of-ways, easements, parks, playgrounds and other areas proposed to be dedicated to public or common use, or designed for such use. Location of right-of-way widths of all existing and proposed streets; water and sewer lines. Proposed lot lines, dimensions of lots. Lot number and total number of lots, and proposed use of land. Watershed Site Data Block • Watershed Name & Classification Total Site Acreage = "A" Existing Impervious Areas Built prior to 1993 = `B" Watershed and Stormwater Administrative Manual 21 Revised 2020-02-01 • Existing Impervious Areas Built after 1993 = "C" • Total Undeveloped Acreage under regulations = "D" (D = A-B) • New acreage of Impervious Area Proposed = "E" • Percentage of Impervious area proposed = "P" {P = [(C+E) / (D)] * 100 ) Delineation of on -site and off -site drainage areas including number of acres _ Detailed proposed grading plan (should include finish grading for the residential unit in case of subdivision and other developments), stormwater flow paths and exits from the site _ Delineation of Predominant Soil Types (from soil surveys if available) _ Delineation of Existing Predominant Vegetation _Where the plan for subdivision includes a lake or pond of one (1) acre or more in size, existing or proposed, the plan shall show the location of dams, spillways or other structures and the location and extent of inundation at full reservoir. The plan shall be accompanied by a profile of the proposed dam structure(s) including all appurtenances thereto. Proposed stormwater drainage system, including location, dimensions, and calculations. • Inlets, manholes, pipe lines, and other storm drainage structures. Provide pipe and structures design charts • Existing and proposed conveyance systems such as grass channels, swales, natural vegetated conveyance, etc. • Existing Ditches, swales, pipes, and drainage easements which are adjacent to the proposed project Location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, 100 year floodplain, stream buffer and features used in designing buffers and meeting any applicable buffer requirements. Other setbacks (e.g drinking water well setbacks, septic setbacks, etc). If applicable, selection, size, calculations and location of proposed Engineered Stormwater Control Structures (BMP's) and Low -impact design elements. Including: • Total stormwater runoff calculations from design storm, both for pre -development and post -development conditions. • Location, dimensions, and calculations for open channels and storm drainage system, including channel linings for design storm. • Plans, including plan view and profiles; calculations; and specifications for Best Management Practices (wet detention ponds, bio-retention areas, sand filters, etc.) proposed. _If applicable, complete Town of Kernersville Riparian Buffer Authorization Application Form. _If applicable, complete Town of Kernersville Variance Request Application Form. _If applicable, copies of required Environmental Permits from NCDWR and/or USACE. Note: The items listed above should be submitted to the Watershed Administrator for review and approval prior to the issuance of a Watershed/Stormwater Permit. Watershed and Stormwater Administrative Manual 22 Revised 2020-02-01 APPENDIX 5 GUIDELINES FOR SURETY POSTING: Performance Bond A) Entity issuing the Performance Surety must be licensed to do business in the State of North Carolina and state its preferred correspondence address within the Performance Surety. B) The Performance Surety must be issued in favor of the Town of Kernersville (obligee) for the specified amount. C) The Performance Surety shall clearly indicate the obligation within the document. D) The Performance Surety shall clearly indicate principal's full intent to perform. E) The Performance Surety shall state the surety shall stay in full force and effect until obligee notifies principal that all obligations stated within the Performance Surety have been satisfied in their entirety. Standby Letter of Credit (SBLC) A) Entity issuing the SBLC must be licensed to do business in the State of North Carolina and state its preferred correspondence address within the SBLC. B) The SBLC must be issued in favor of the Town of Kernersville (beneficiary) for a specified amount and state the customer (account party). C) The SBLC must clearly state it is an irrevocable Standby Letter of Credit. D) The SBLC shall clearly indicate the obligation within the SBLC is for the payment of money in lieu of performance. E) The SBLC must state the beneficiary has the right to draw on the SBLC from time to time upon written demand by the beneficiary indicating account parties failure to meet their obligations. F) The SBLC shall state draws will be processed within a reasonable time period once beneficiary demands a draw. G) The SBLC shall state the original amount may be reduced from time to time only upon written notice by the beneficiary to do so. H) The SBLC shall state the obligation shall be in full effect up to 5:00 pm on the date of expiration as indicated within the SBLC and if said date falls on a holiday, weekend, or other day in which the beneficiary or issuer are closed for business, the expiration day shall be the following day that both beneficiary and issuer are open for business. Watershed and Stormwater Administrative Manual 23 Revised 2020-02-01 I) The SBLC shall state the SBLC shall be automatically extended, without any formal amendment or notice to the effect, from year to year, for successive periods of one (1) year each from the present or any future expiration date hereof, unless the issuer notifies the beneficiary 60-days prior to such expiration date in writing, via certified mail, return receipt requested that issuer has elected not to renew the SBLC and beneficiary has until 5:00 pm on or before the expiration date to draw the full amount hereunder. Cash Cash, or check made payable to the Town Kernersville. Delivery of Surety Surety shall be delivered in person to 134 E. Mountain Street, Kernersville or it can be delivered by certified mail to Town of Kernersville, Engineering Division, PO Box 728, Kernersville, NC 27285 Watershed and Stormwater Administrative Manual 24 Revised 2020-02-01 APPENDIX 6 Town of Kernersville P.O. Box 728 Kernersville, N.C. 27285-0728 TOWN OF KERNERSVILLE 134 East Mountain Street Telephone (336) 996-3121 Fax (336) 996-4822 NO PRACTICAL ALTERNATIVES - RIPARIAN BUFFER AUTHORIZATION FORM Date Submitted: Enter here 1. Project Information Name of Project: Enter herE Address of Project or Property: Enter here Riparian Buffer rules applied to the Project: Enter here. 2. Owner Information Name(s) of Property Owner: Address: Enter here Phone: Enter here E-mail address: Enter here 3. Applicant Information (if different from owner) Applicant is: ❑ Agent Name(s): Enter here Business name (if applicable): Address: Enter here. Phone: Enter here E-mail address: Enter here. ❑ Other, Specifiy Enter here. 4. Project Information and Prior Project History Property Identification No. (Tax PIN or Parcel ID): Enter here Property size: :nter here sf Enter here Acres Name of Local watershed to proposed project: Enter here Water Quality Classification of watershed: =nter here River Basin: Enter here. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Explain the purpose of the proposed project: 5. Jurisdictional Determination Watershed and Stormwater Administrative Manual 25 Revised 2020-02-01 Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property/project (including all prior phases) in the past? ❑ Yes ❑ No ❑ Unknown If yes, who delineated the jurisdictional areas? Name (if known): Enter here Agency/Consultant Company: Other: Enter here If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 6. Project History Have permits or certification been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No ❑ Unknown If yes, explain in detail: 7. Future Project Plans Is this a phased project? If yes, explain: ❑ Yes ❑ No 8. Proposed Buffer Impacts Inventory Individually list all buffer impacts below. If any impacts require mitigation, then you must fill out the "Buffer Mitigation" section. Buffer Impact Number Reason for Impact Buffer Mitigation Required? Zone 1 Impact Zone 2 Impact Perm. (P) Temp.(T) (square feet) (square feet) (Select one) (Select one) 131 ❑ P ❑ T Enter here ❑ Yes ❑ No Enter here Enter here 132 ❑ P ❑ T Enter here ❑ Yes ❑ No Enter here Enter here 133 ❑ P ❑ T Enter here ❑ Yes ❑ No Enter here Enter here 134 ❑ P ❑ T Enter here ❑ Yes ❑ No Enter here Enter here 135 ❑ P ❑ T Enter here ❑ Yes ❑ No Enter here Enter here 136 ❑ P ❑ T Enter here ❑ Yes ❑ No Enter here Enter here 137 ❑ P ❑ T Enter here ❑ Yes ❑ No Enter here Enter here Comments: 9. Impact Justification Watershed and Stormwater Administrative Manual 26 Revised 2020-02-01 Specifically describe measures taken to avoid or minimize the proposed impacts in designing project: Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: 10. Buffer Mitigation Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone Reason for Impact Total Impact Multiplier Require Mitigation (square feet) (square feet) Zone 1 L ter here 3 Zone 2 Enter he I he- 1.5 If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund or to a private mitigation bank, donation or real property, or restoration or enhancement of a non -forested riparian buffer). Comments: 11. Diffuse Flow Plan Does the project include or is it adjacent to protected riparian buffers identified within one of the Town of Kernersville Buffer Protection Rules? ❑ Yes ❑ No All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. Include a plan that fully documents how diffuse flow will be maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. If due to site constraints, a BMP other than a level spreader is proposed, please provide a plan for stormwater treatment as outlined the NC Stormwater BMP Manual and attach a BMP Supplement Form. Comments: Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided) Date Watershed and Stormwater Administrative Manual 27 Revised 2020-02-01 APPENDIX 7 TOWN OF KE RN ERSVILLE Town of Kernersville Engineering Division P.O. Box 728 Kernersville, N.C. 27285-0728 Variance Request Form (For Major and Minor Variances) Protection and Maintenance of Riparian Areas Rules ❑ Check the appropriate box below: ❑ Major Variance ❑ Minor Variance 134 East Mountain Street Telephone (336) 996-3121 Fax (336) 996-4822 ❑ Town of Kernersville Unified Development Ordinance (UDO) - Chapter C, Article VI Riparian Buffer Protection Ordinance For Lands Within The Randleman Lake Watershed ❑ Town of Kernersville Unified Development Ordinance (UDO) - Chapter C, Article V Riparian Buffer Protection Ordinance For Lands Within The Jordan Watershed ❑ Town of Kernersville Unified Development Ordinance (UDO) - Chapter C, Article IV Stormwater Runoff ❑ Town of Kernersville Unified Development Ordinance (UDO) - Chapter C, Article III Watershed Protection Part 1: General Information (Please include attachments if the room provided is insufficient) 1. Applicant's name (the corporation, individual, etc. who owns the property): Watershed and Stormwater Administrative Manual 28 Revised 2020-02-01 2. Print owner/Signing official (person legally responsible for the property and its compliance) Name: Title: Street address: City, State, Zip: Telephone: O_ Fax: ( ) 3. Contact person who can answer questions about the proposed project: Name: Telephone Fax: ( ) Email: 4. Project name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Project location: Street address: City, State, Zip: County: Latitude/longitude: 6. Date property was purchased: 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): 8. Which of the following permits/approvals will be required or have been received already for this project? (If permit received, submit copy with this request). Required: Received: Date received: Permit Type: 401 Certification/404 Permit Stormwater/Wastewater Permit NPDES Permit Non -discharge Permit Stormwater/Watershed Variance Erosion/Sedimentation Control Others (specify) Watershed and Stormwater Administrative Manual 29 Revised 2020-02-01 Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) 1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. 2. Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected riparian buffers and the required mitigation. (Fill in the impact portion of the table, even if mitigation is not required): Buffer Impact Zone of Impact in Number Purpose for Required Impact Square Feet (indicate on The Impact Multiplier Mitigation Plan Sheet) (From tables) Zone 1 3 Zone 2 1.5 Total *Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation; Zone 2 extends an additional 20 feet from the landward edge of Zone 1. 3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: 4. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re -planting vegetation or enhancement of existing vegetation, etc.): Watershed and Stormwater Administrative Manual 30 Revised 2020-02-01 5. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. (6) How these difficulties or hardships result from conditions that are unique to the property involved. (7) If economic hardship is the major consideration, then include a specific explanation of the economic hardships and the proportion of the hardship to the entire value of the project. Part 3: Stormwater 1. Provide all the Stormwater Management System Concept Plan documentation including a description of best management practices (BMPs) that will be used to control nutrients and sedimentation impacts associated with the proposed activity. Please ensure to include all applicable operation & maintenance agreements and worksheets drafts for the proposed BMPs. Also, include the BMPs on your plan sheets. 2. Attach a description of how diffuse flow will be maintained through the protected riparian buffers. Please ensure to include all applicable operation & maintenance agreements and worksheets drafts for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan sheets. Part 4: Proposed Impacts and Mitigation Provide a description of how mitigation will be achieved at your site pursuant to Town of Kernersville Riparian Buffer Protection Rules for the corresponding Watershed. Watershed and Stormwater Administrative Manual 31 Revised 2020-02-01 If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the protected riparian buffers and a plan sheet showing the proposed location of the plantings. If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then include an acceptance letter from the mitigation bank you propose to use stating they have the mitigation credits available for the mitigation requested. Part 5: Deed Restrictions By your signature in Part 6 of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the Town of Kernersville, and that the easements will be recorded prior to the sale of any lot. Part 6: Applicant's Certification I, (print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date Title Part 7: Plan Sheets Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe (pdf) format on a CD or floppy disk. Part 8: Checklist A complete application submittal consists of the following components. Incomplete submittals will be returned to the applicant. Initial below to indicate that the necessary information has been provided. Watershed and Stormwater Administrative Manual 32 Revised 2020-02-01 Applicant's Item Initial • Original and two copies of the Variance Request Form and the attachments listed below. • A vicinity map of the project (see Part 1, Item 5) • Narrative demonstration of the need for a variance (see Part 2). • A detailed narrative or graphic description of the Stormwater Management Concept Plan (see Part 3). • Calculations and references supporting nutrient removal from proposed BMPs (see Part 3). • Location and details for all proposed structural stormwater BMPs (see Part 3). • Drafts of the applicable Supplement Form(s) and O&M Form(s) for each BMP and/or narrative for each innovative BMP (see Part 3). • Three copies of plans and specification, including: - Development/Project name - Engineer and firm - Legend and north arrow - Scale (1"=50' is preferred) - Revision number & date - Mean high water line (if applicable) - Dimensioned property/project boundary - Location map with named streets - Original contours, proposed contours, spot elevations, finished floor elevations. - Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter - Footprint of any proposed building or other structures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage basins delineated - Perennial and intermittent streams, ponds, lakes, rivers and estuaries - location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Watershed and Stormwater Administrative Manual 33 Revised 2020-02-01 APPENDIX 8. a STATE OF NORTH CAROLINA COUNTY OF OPERATION AND MAINTENANCE AGREEMENT THIS AGREEMENT made pursuant to Town of Kernersville Watershed Protection and Stormwater Ordinances and entered into this day of , 20 , by and between the TOWN OF KERNERSVILLE, a North Carolina Municipal Corporation, Party of the First Part, hereinafter referred to as "TOWN'; and and Parties of the Second Part, here -in after referred to as "PROPERTY OWNER". WITNESSETH: 1. The PROPERTY OWNER is the owner of certain lands as described in Deed Book , Page in the Office of the Register of Deeds of Forsyth County, North Carolina upon which it is erecting and will make improvements, said development to be known as (hereinafter the "PROPERTY"). 2. The Property Owner desires to build engineered Stormwater Control Measures (hereinafter SCMs) to provide storage and treatment of stormwater runoff to serve the development on said Property, as required by the Kernersville Watershed Protection and Stormwater Ordinances (hereinafter the "ORDINANCES"). 3. The PROPERTY OWNER has applied to the TOWN for the issuance of a High -Density Watershed Permit (hereinafter "PERMIT") to construct, maintain and operate the SCMs consistent with the approved plans and specifications and the attached Operation and Maintenance Plan (Attachment A) and to develop lands within the Watershed. 4. The PROPERTY OWNER has conveyed unto the TOWN, or its successors or assigns an easement from a public right-of-way establishing the right of ingress, egress and regress over the property for the purpose of inspection, repair, or maintenance of the SCMs. A description of the easement is contained within the Deed of Easement filed with the Register of Deeds together with all dedication(s) necessary for access to and from the SCMs. The SCM system, including components such as the side slopes, Watershed and Stormwater Administrative Manual 34 Revised 2020-02-01 forebay, riser structure, SCM device and inlets, dam embankments, outlet, and emergency spillway and sufficient area to perform inspections, maintenance, repairs and reconstruction together with all easements and right-of-way applying thereto has been described in the Deed of Easement. The TOWN desires to assure that the SCMs on the PROPERTY are properly constructed, maintained and operated in accordance with law, the ORDINANCES, and PERMIT provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the TOWN and PROPERTY OWNER do hereby mutually agree as follows: The PROPERTY OWNER shall construct the SCMs in accordance with the ORDINANCES, PERMIT and approved plans and specifications hereafter issued and approved by the TOWN; and shall thereafter properly operate and maintain such systems and facilities in accordance with the ORDINANCES, applicable PERMIT provisions, approved plans and specifications of the SCMs, Operation and Maintenance Plan and Agreement, and State Law. 2. The PROPERTY OWNER shall not transfer ownership and/or control of any lots until construction of the SCMs have been completed in accordance with the PERMIT and approved plans, and the Kernersville Watershed Administrator has inspected the SCMs and the Town's Watershed Review Committee has determined the SCMs were constructed and are functioning as designed and approved. In order to change the name of the permit holder, the PROPERTY OWNER must request that the permit be reissued to the subsequent property owner(s). 3. The PROPERTY OWNER shall provide an Operation and Maintenance Plan (ATTACHMENT A) that specifies all necessary operation and maintenance procedures and that the SCMs, appurtenances and access easements thereto shall thereafter be properly maintained and operated in conformity with provisions of the ORDINANCES and PERMIT. 4. The agreements set forth in numbered Therefore paragraphs 1, 2, and 3, above shall be conditions of any PERMIT issued by the TOWN to the PROPERTY OWNER for the construction, maintenance, repair and operation of the SCMs. 5. A copy of this Operation and Maintenance Agreement shall be filed at the Forsyth County Register of Deeds and in the office of the Watershed Administrator. IN WITNESS WHEREOF, the parties have hereto set their hands and seals, this day of .20 {SIGNATURES APPEAR ON THE FOLLOWING PAGES{ Watershed and Stormwater Administrative Manual 35 Revised 2020-02-01 PARTY OF THE FIRST PART: TOWN OF KERNERSVILLE I0 ATTESTED TO: Keith Hooker, Town Clerk STATE OF NORTH CAROLINA COUNTY OF FORSYTH Dawn H. Morgan, Mayor I, , a Notary Public of Forsyth County, North Carolina, do hereby certify that personally came before me this day and acknowledged that she is the Town Clerk of the Town of Kemersville, a North Carolina municipal corporation, and that by authority duly given as the act of the Town of Kernersville, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by her as its Town Clerk. Witness my hand and official seal, this the day of 120 Notary Public Print/Type Name: My Commission Expires: (SEAL) Watershed and Stormwater Administrative Manual 36 Revised 2020-02-01 PARTY OF THE SECOND PART: (SEAL) STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of County, North Carolina, do hereby certify that , the of personally came before me this day and acknowledged the execution and sealing of the foregoing instrument as on behalf of and as the act of the company referred to in this acknowledgment. Witness my hand and notarial seal, this the day of 120 Print/Type Name: My Commission Expires: (or, if individual owner) STATE OF NORTH CAROLINA COUNTY OF Notary Public I, , a Notary Public in and for said County and State, do hereby certify that personally appeared before me this day and acknowledged the execution of the foregoing Deed of Easement. Witness my hand and notarial seal, this the day of Print/Type Name: My Commission Expires: Notary Public 20 Watershed and Stormwater Administrative Manual 37 Revised 2020-02-01 APPENDIX 8. b STATE OF NORTH CAROLINA COUNTY OF FORSYTH Permit No. HOMEOWNERS (or other) ASSOCIATION OPERATION AND MAINTENANCE AGREEMENT THIS AGREEMENT made pursuant to Town of Kemersville Watershed Protection and Stormwater Ordinances and entered into this day of , 20_, by and between the TOWN OF KERNERSVILLE, a North Carolina Municipal Corporation, Party of the First Part, hereinafter referred to as "TOWN'; and here -in after referred to as "DEVELOPER", and here -in after referred to as the "ASSOCIATION", Parties of the Second Part. WITNESSETH: 1. The TOWN under various state and federal laws, is required to regulate the maintenance of engineered Stormwater Control Measures and related structures (hereinafter referred to as "SCMs") constructed to serve new or re -development within both the corporate limits of the TOWN and within the extra territorial zoning jurisdiction of the TOWN to ensure that, following initial construction, the SCMs are operated, maintained, and to the extent necessary, repaired in accordance with applicable state and federal laws. 2. The TOWN has determined that, to maintain the Town's compliance under applicable state and federal regulations, certain obligations are to be met by the DEVELOPER and subsequent owners of the SCMs. 3. The DEVELOPER is the owner of certain lands as described in Deed Book , Page in the Office of the Register of Deeds of Forsyth County, North Carolina upon which it is erecting and will make improvements, said development to be known as (hereinafter referred to as the "PROPERTY'). 4. The DEVELOPER desires to build SCMs to provide storage and treatment of stormwater runoff to serve the development on said PROPERTY, as required by the Kernersville Watershed Protection and Stormwater Ordinances (hereinafter referred to as "ORDINANCES"). 5. The DEVELOPER has applied to the TOWN for the issuance of a high density watershed/stormwater permit (hereinafter referred to as "PERMIT") to construct, maintain and operate the SCMs consistent with the approved plans and specifications on file at the office of the Watershed Administrator and the Operation and Maintenance Plan (ATTACHMENT A). 6. The DEVELOPER has conveyed unto the TOWN, or its successors or assigns, an Easement and Right -of -Way establishing the right of ingress, egress and regress over the PROPERTY for the purpose of inspection, repair, or maintenance of the SCMs. The Easement and Right -of -Way for the SCMs are described in Deed Book , Page , which is recorded in the Office of the Register of Deeds of Forsyth (or Guilford, if applicable) County, North Carolina. 7. The TOWN desires to assure that the SCMs on the PROPERTY are properly constructed, maintained and operated in accordance with law, the ORDINANCES, and PERMIT provisions in order to protect the quality of the waters of the State and the public interest therein. Watershed and Stormwater Administrative Manual 38 Revised 2020-02-01 8. These SCMs are required to comply with the ORDINANCES and that failure to maintain the SCMs is a violation of the ORDINANCES potentially subjecting each lot owner of the PROPERTY to significant daily civil penalties and other enforcement actions. 9. After the completion of construction of the SCMs, the DEVELOPER may convey the SCMs to the ASSOCIATION. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the TOWN, the DEVELOPER and the ASSOCIATION do hereby mutually agree as follows: l . The DEVELOPER shall construct the SCMs in accordance with the ORDINANCES, PERMIT and plans and specifications hereafter issued and approved by the TOWN; and that DEVELOPER and ASSOCIATION assume specific maintenance, replacement, reconstruction and repair, responsibilities set forth in the ORDINANCES and with respect to the SCMs. 2. Construction and Maintenance of the SCMs: The DEVELOPER shall be responsible for the construction of the SCMs; and prior to conveying control of the SCMs, the DEVELOPER will be responsible for maintenance, repair, reconstruction, and replacement thereof. Following conveyance of the SCMs, the ASSOCIATION and its members will be responsible for maintaining the SCMs, their appurtenances and vegetation in the manner specified herein and in strict compliance with the ORDINANCES. At all times, the SCMs shall perform as designed and shall at all times comply with all applicable laws, ordinances, regulations, rules and directives of governmental authorities. 3. Ownership and/or Transfer of PROPERTY: Upon completion of the SCMs, the DEVELOPER has the option to convey that portion of the PROPERTY on which the SCMs are located to an Association to be formed for the purpose of administrating the provisions of a declaration of covenants to be imposed upon the PROPERTY, which declaration shall fully comply with all requirements of this contract as well as all applicable laws. The Declaration of Covenants, Conditions and Restrictions for PROPERTY, in reference to this contract and all applicable stormwater and watershed laws, shall be subject to review and approval by the Town of Kemersville Attorney. The DEVELOPER agrees that it shall not transfer ownership and/or control of the SCMs until construction has been completed in accordance with the PERMIT and approved plans and specifications; and as defined in the ORDINANCES, the TOWN has inspected and approved the SCMs. In addition, the DEVELOPER and ASSOCIATION and any new Owner must request that the PERMIT for the SCMs be re -issued to any subsequent Owner. The DEVELOPER and ASSOCIATION agree not to transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its SCMs until a PERMIT has been re -issued to DEVELOPER and ASSOCIATION's successor, or new owner at which time DEVELOPER and ASSOCIATION shall be released from any obligations hereunder arising from events or circumstances occurring after the date the SCMs are transferred and the PERMIT is reissued to the new Owner of the PROPERTY. 4. Cost Estimates for Construction of the SCMs: The DEVELOPER's Engineer shall submit an estimate of construction costs for review and approval by the TOWN in accordance and regulations with the ORDINANCES. This cost estimate will be used to establish the level to which the escrow account shall be funded. 5. Establishment of an Escrow Account: For the purpose of insuring the availability of funds for the long term maintenance and/or replacement/reconstruction of the SCMs, an escrow account must be established, which can be spent solely for that purpose. Maintenance activities include, but are not limited to, sediment removal, and structural, biological or vegetative replacement, major repairs, or reconstruction. If the SCMs are not performing adequately or as intended or are not properly maintained, the TOWN in its sole discretion, may remedy the situation, and in such instances, the TOWN shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the DEVELOPER, ASSOCIATION or ASSOCIATIONS's successor for allowable expenses, provided that the TOWN shall first consent to the expenditure. Escrowed funds shall not be spent for routine landscaping maintenance items such as mowing. The escrow account will be funded initially by a lump sum contribution of the DEVELOPER (the "Initial Payment"), and thereafter by annual sinking funds paid by the ASSOCIATION, if it has taken ownership or by the DEVELOPER if it still retains ownership of the SCMs. The DEVELOPER shall deposit the Initial Payment in the escrow account and show proof of such payment: (i) Prior to plat recordation of the PROPERTY; or (ii) Before the issuance of building permits for the construction of improvements on the PROPERTY. Whichever occurs first. Watershed and Stormwater Administrative Manual 39 Revised 2020-02-01 The Initial Payment shall be equal to $ dollars (which is equal to fifteen percent (15%) of the initial construction costs of the SCMs). The total sinking fund budget is defined as the amount required for the initial construction cost of the SCMs. The ASSOCIATION shall deposit funds at least annually in equal installments into the escrow account such that at least two-thirds (2/3) of the total amount of the sinking fund budget, as set in the ORDINANCES, 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 SCMs. 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. 6. The DEVELOPER shall provide in an Operation and Maintenance Plan (ATTACHEMENT A) that specifies all necessary operation and maintenance procedures and that the SCMs, appurtenances and access easements thereto shall thereafter be properly maintained and operated in conformity with ORDINANCES and the provisions of the PERMIT. 7. The DEVELOPER and its successors shall grant to the TOWN a right of entry to inspect, monitor, maintain, repair, and reconstruct SCMs. 8. The DEVELOPER and its successor hereby authorize the TOWN to recover from the DEVELOPER or ASSOCIATION and its members, whichever is the responsible party, any and all costs the TOWN expends to maintain or repair the SCMs or to correct any operational deficiencies. Failure to pay the TOWN all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The TOWN shall thereafter be entitled to bring an action against the responsible party 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. 9. This Agreement shall not obligate the TOWN to maintain or repair any SCMs, and the TOWN shall not be liable to any person, firm, partnership, company, corporation, governmental agency, Association or entity for the condition or operation of SCMs. 10. This agreement shall not in any way diminish, limit, or restrict the right of the TOWN to enforce any of its ordinances as authorized by law. 11. Indemnification: Owners, DEVELOPER and/or ASSOCIATION agree to protect, defend, indemnify and hold the TOWN, its officers, employees and agents free and harmless from and against any losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities in connection with or arising out of this Agreement and/or related to the SCMs, unless the TOWN has agreed in writing to assume the maintenance responsibility for the SCMs and has accepted dedication of any and all rights necessary to carry out that maintenance. 12. A copy of this Operation and Maintenance Agreement shall be filed at the Forsyth (or Guilford, if applicable) County Register of Deeds and in the office of the Watershed Administrator. IN WITNESS WHEREOF, the parties have hereto set their hands and seals, this day of , 20` {SIGNATURES APPEAR ON THE FOLLOWING PAGES} Watershed and Stormwater Administrative Manual 40 Revised 2020-02-01 PARTY OF THE FIRST PART: TOWN OF KERNERSVILLE M. ATTESTED TO: Keith Hooker, Town Clerk STATE OF NORTH CAROLINA ) COUNTY OF Dawn H. Morgan, Mayor I, , a Notary Public of Forsyth County, North Carolina, do hereby certify that personally came before me this day and acknowledged that he is the Town Clerk of the Town of Kemersville, a North Carolina municipal corporation, and that by authority duly given as the act of the Town of Kemersville, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by him/her as its Town Clerk. Witness my hand and official seal, this the day of 120 Notary Public Print/Type Name: My Commission Expires: Watershed and Stormwater Administrative Manual 41 Revised 2020-02-01 PARTY OF THE SECOND PART: DEVELOPER: By: Name: Its: ATTESTED TO: STATE OF NORTH CAROLINA ) COUNTY OF ) (Title) DEVELOPER ACKNOWLEDGEMENT I, , a Notary Public of County, North Carolina, do hereby certify that , the of personally came before me this day and acknowledged the execution and sealing of the foregoing instrument as on behalf of and as the act of the company referred to in this acknowledgment. Witness my hand and notarial seal, this the day of 120 My Commission Expires: Notary Public (SEAL) Watershed and Stormwater Administrative Manual 42 Revised 2020-02-01 PARTY OF THE SECOND PART: ASSOCIATION: By: Name: Its: ATTESTED TO: STATE OF NORTH CAROLINA ) COUNTY OF ) (Title) ASSOCIATION ACKNOWLEDGEMENT I, , a Notary Public of County, North Carolina, do hereby certify that I the of personally came before me this day and acknowledged the execution and sealing of the foregoing instrument as President on behalf of and as the act of the company referred to in this acknowledgment. Witness my hand and notarial seat, this the day of 120 My Commission Expires: Notary Public (SEAL) Watershed and Stormwater Administrative Manual 43 Revised 2020-02-01 APPENDIX 9 NORTH CAROLINA ) DEED OF EASEMENT FORSYTH COUNTY ) THIS DEED OF EASEMENT made this the day of , 20 , by and between, hereinafter referred to as "Party of the First Part", and the TOWN OF KERNERSVILLE, hereinafter referred to as "Party of the SecondPart' ; (Note: revise to "Parties of the First Part" if multiple owners) WITNESSETH: WHEREAS, the Party of the First Part is owner of certain real property located in Kernersville Township, Forsyth County, North Carolina; and whereas, the said Party of the First Part now desires to convey an access easement to the Party of the Second Part in accordance with the requirements of the Watershed Protection and Stormwater Ordinances of the Town of Kernersville hereinafter referred to as "Ordinances", and WHEREAS, the Party of the First Part is owner of a certain tract of property lying and being in Forsyth County, North Carolina and said property is more particularly described in a Deed as recorded in Deed Book Page_, Forsyth County Registry, hereinafter referred to as "Property"; WHEREAS, the purpose of the easement is to provide the Party of the Second Part with access from a public right-of-way to and around all Stormwater Control Measures, hereinafter referred to as SCMs, which includes components such as the side slopes, forebay, riser structure, SCM device and inlets, dam embankments, outlet, and emergency spillway and sufficient area to perform inspections, maintenance, repairs and reconstruction located on the Property of the Party of the First Part; WHEREAS, pursuant to the Town's Watershed Protection and Stormwater Ordinances (hereinafter referred to as "Stormwater Ordinances"), easements are needed for the benefit of the Party of the Second Part for the construction, inspection, maintenance, repair, and operation of the SCMs located upon the Property of the Party of the First Part; NOW, THEREFORE, the said Party of the First Part for and in consideration of the sum of Ten Dollars and other valuable considerations to them paid including the agreement contained herein, do hereby give, grant and convey unto the Party of the Second Part, their successors and assigns, a perpetual right and easement for the purpose of ingress and egress over the Property more particularly described as follows: Easement not less than twenty feet (20') in width over that property as described in Deed Boob , Page of the Forsyth County Registry and which description is attached hereto. TO HAVE and to hold said right and easement to them, the said Party of the Second Part, their successors and assigns forever; it being agreed that the right and easement hereby granted is appurtenant to and runs with the Property now owned by the Party of the First Part and hereinabove referred to and the Party of the First Part is hereby bound, together with all heirs, executors, administrators, or successors, to warrant and forever defend the easement granted herein unto the Party of the Second Part, its successors and assigns. It is the intent of the Party of the First that the access easement herein granted from the public right of way be confined to that area designated and intended for vehicular traffic to and from the SCMs to and from (insert name of public street or highway), that being the public road that currently provides access to the property, and further to provide an easement not less than twenty feet (20') in width surrounding the SCMs. Notwithstanding the foregoing, all easements given herein shall be subject to the provisions of the Stormwater Ordinances and shall allow the Party of the Second the access needed to perform its duties pursuant to the Stormwater Ordinances. The Party of the First acknowledges that the Party of the Second shall have no obligation to repair, replace or maintain any portion of the Property subject to the easement or to repair any Watershed and Stormwater Administrative Manual 44 Revised 2020-02-01 damage occasioned by its exercise of this grant of easement. The Party of the First shall hold the Party of the Second safe and harmless and shall indemnify the Party of the Second against any and all claims for damages arising from this grant of easement or occurring on said easement. This agreement between the parties shall be binding upon the heirs, assigns and successors of all parties hereto. IN TESTIMONY WHEREOF, the said Party of the First Part have hereunto set their hands and seals the day first above written. PARTY(IES) OF THE FIRST PART: By: (SEAL) (SEAL) (SEAL) (SEAL) STATE OF NORTH CAROLINA COUNTY OF. I, , a Notary Public of County, North Carolina, do hereby certify that (insert name of authorized signer) . the (insert title) of (insert entity name) personally came before me this day and acknowledged the execution and sealing of the foregoing instrument as _(insert title) on behalf of and as the act of the company referred to in this acknowledgement. Witness my hand and notarial seal, this the day of , 20_ My Commission Expires: Notary Public Watershed and Stormwater Administrative Manual 45 Revised 2020-02-01 (or, if individual owner) NORTH CAROLINA FORSYTH COUNTY I, , a Notary Public in and for said County and State, do hereby certify that personally appearedbefore me this day and acknowledged the execution of the foregoing Deed of Easement. Witness my hand and notarial seal, this the day of , 20_ My CommissionExpires: Notary Public Watershed and Stormwater Administrative Manual 46 Revised 2020-02-01 EXHIBIT A PROPERTY DESCRIPTION (PER DEED) Watershed and Stormwater Administrative Manual 47 Revised 2020-02-01 APPENDIX 10. a Operation and Maintenance Plan: "Name of the Pond or development": Wet Detention Pond Dam Safety Preserving the structural integrity of the wet detention pond's dam is important in protecting downstream life and property. There are at least four aspects of the dam that require specific attention: (1) assessment ofhazard potential due to changes in downstream development; (2) leakage and seepage, (3) dam material problems; and (4) vegetation growth on the dam embankments. Assessment of Hazard Potential Before any dam is constructed, the design engineer is responsible for notifying the NC State Dam Safety Office of the proposed dam. If the dam falls under State Dam Safety jurisdiction, the dam must be constructed, maintained, and operated according to their design and construction guidelines. Even if the dam does not fall under the NC Dam Safety Office's jurisdiction, the dam should be designed and constructed in accordance with current proper engineering practices. The City has requirements concerning the maintenance of dams associated with required wet detention ponds. As new development occurs downstream of the pond, the chance of significant property damage or danger to human life may increase if catastrophic failure of the dam occurs. Although the dam may be initially exempt from regulation by the State, the owner is responsible for reporting to the State Dam Safety Office downstream development that may affect the hazard classification of the dam. Leakage and Seepage The downstream side of the dam should be inspected regularly for evidence of significant leakage or seepage. Seepage can emerge anywhere below the normal pool elevation, including the downstream slope of earth dams, areas beyond the toe of the dam, and around the spillway or pond outlet conduit. Indications of significant seepage include areas where the soil is saturated or where there is a flowing "spring" or leak. If "sinkholes" in the dam embankment are noticed, or if constant flowing water is noticed on the downstream side of the dam, then seepage has become excessive and professional engineering advice should be sought immediately to avert a major structural problem or a catastrophic failure of the dam. Dam Material Problems For earthen dams, pronounced cracks on the embankment surface indicate the first stages of potential dam failure. Transverse cracks (running perpendicular to the embankment face) generally indicating differential settlement of the dam, can provide pathways for excessive seepage. Longitudinal cracks (running parallel to the embankment face) may be due to inadequate compaction of the dam during construction or shrinkage of the clay (desiccation) in the top of the embankment during prolonged dry conditions. These cracks may eventually lead to slope failure, such as sliding or sloughing. For reinforced concrete dams, the concrete should be checked for pronounced cracking, leakage from the joints, and displacement (noticeable Watershed and Stormwater Administrative Manual 48 Revised 2020-02-01 leaning or bulging). Also, excessive seepage, leakage, or springs just downstream of the concrete dam could be indicative of potential seepage -related "piping" problems under the dam. If such problems or other structural problems are observed, professional engineering advice should be sought. Vegetative Growth Trees and other woody vegetation are not permitted on the top, slopes, or embankments of earthen dams. Large root systems from woody vegetation can weaken the dam structure and provide seepage pathways. Thick vegetative cover can also provide a haven for burrowing animals such as groundhogs and muskrats. These animals can create a network of burrows in the dam embankments that can significantly weaken the dam, by creating seepage paths, which may eventually lead to dam failure. Mowing of the dam embankments should occur, at a minimum, once every 6 months to prevent woody vegetation from becoming established. Pollution Prevention Activities To assist the wet detention pond in improving the quality of stormwater runoff, every effort should be made to reduce the pollutant load entering the pond system. The following onsite efforts should be made to reduce pollutants from entering the pond: • Outside trash dumpsters should be kept covered, and the area around the dumpster should be kept neat and clean. • Chemicals, petroleum products, and other pollution sources (such as machinery) should be stored in a covered area away from possible stormwater contact. Spent chemicals are to be properly disposed or recycled. • Fertilizers and pesticides should be used conservatively on the property grounds. Excessive amounts of these chemicals can be washed away with stormwater runoff, increasing the nutrient load to the pond. • Chemicals such as copper sulfate used to inhibit algal growth in the pond degrade water quality. Since the pond's main function is to enhance water quality, these chemicals should not be used. Rather, reducing the amount of fertilizer application and ensuring that the pond outlets are properly functioning so the pool is flushed periodically will help to deter algal growth. • Trash and vegetative floatables (grass clippings, leaves, limbs, etc.) should be cleaned from the pond surface and surroundings periodically to promote a healthy, aesthetically pleasing environment, and to prevent blockage of the pond outlets. Studies have shown that people are less likely to litter ponds that are aesthetically pleasing and support wildlife. Stabilization of Wet Detention Pond Drainage Area The area draining to the wet detention pond should remain stabilized to prevent excessive sediment from entering the pond. When bare soil is directly exposed to precipitation, the sediment concentration in runoff is much higher than for soil that is covered and stabilized. A stabilized area is covered by impervious surfaces (pavement, buildings), grass cover, landscaping (mulch, pine straw), etc. It is in the best interest of the pond owner to reduce onsite sediment runoff to the pond, as this will reduce the life span of the pond and result in the need for more periodic, expensive dredging. Embankments If pond embankments are not kept well vegetated with grasses, erosion may occur. Erosion can be repaired by filling the small channels and gullies with suitable soil, compacting, and seeding. It may be necessary to install temporary erosion control (such as hay bales) along heavily eroded areas to allow the repaired areas to stabilize. It is especially important to inspect for and Watershed and Stormwater Administrative Manual 49 Revised 2020-02-01 immediately repair any erosion on the dam embankments. Pipe Inlet and Outlet areas Where erosion causes the undercutting of the downstream end of pipe, the undercut should be stabilized immediately to prevent the end pipe section from "breaking" off. Eroded areas should be filled with good compactable soil and covered with geotextile fabric and rip -rap. Open Channel Flow Eroded areas should be seeded/sodded and protected with temporary velocity dissipation (such as excelsior matting, straw bales, etc.). If erosion continues, a more robust lining should be used. Blockage of Outlets Wet detention ponds are designed for the water to exit the pond through the low flow orifice(s), the principal spillway, and the emergency spillway. It is important to check all three outlets for blockage that would impair the pond's water quality and hydraulic functionality. Low Flow Orifice(s) Unless an inverted orifice is used, some type of trash guard is to be maintained over the low flow orifice(s) to prevent clogging. When the orifice becomes clogged the water level rises to the principal spillway elevation and the benefits associated with temporary storage and its gradual release are lost. To preserve "extended detention" the low flow orifice should be inspected for blockage monthly, or after every runoff -producing rainfall event. Principal and Emergency Spillway Principal and emergency spillways are designed to safely convey one -inch rainfall events, and those larger storms that produce runoff which exceed the water quality volume of the wet detention pond. If these spillways are blocked so they do not operate at full capacity, the risk of dam overtopping or other uncontrolled releases may result. To ensure the hydraulic capacity of the spillways, the spillways should be inspected for blockage monthly, or after every runoffproducing rainfall event. If a riser/barrel is used for the principal spillway, a trash rack is to be maintained on the riser. Vegetative growth in the riser should be removed promptly so that the design capacity of the spillway is maintained. The emergency spillway and outlet area where the barrel projects from the fill slope should be clear of woody vegetation, tree limbs, sediment accumulation, etc. Sediment Accumulation To preserve the wet detention pond's pollutant removal capability, sediment must be removed in areas where the capacity of the design sediment storage volume has been exceeded. The pond forebay helps to improve the removal efficiency of the pond system by trapping the majority of coarser suspended solids behind a rock baffle. When sediment deposition in the forebay exceeds the designed sediment storage capacity for the forebay, the forebay must be dredged. Typically, forebays will need to be dredged every 5 to 10 years. Depth measurements relative to the normal surface elevation (bottom of water quality orifice) should be taken at several locations around the pond. The sediment is to be removed when the measured depth is less than the design permanent water depth. Most wet detention ponds are designed for a three to four foot permanent water depth. As sediment accumulates in the pond, the permanent water depth is reduced along with the pond's ability to treat pollutants in the runoff. If a forebay is used at the inlet area of the pond Watershed and Stormwater Administrative Manual 50 Revised 2020-02-01 and is regularly dredged, the frequency of dredging the entire pond could be greatly reduced. Check water depth at various points in the pond semi-annually. If depth is reduced to 75 % of the original design depth, sediment must be removed to at least the original design depth. Sediment from most sources is usually not hazardous or contaminated, however, it is very "soupy" and is difficult to manage. It is good idea to provide a storage area near the wet detention pond to place sediment once it is dredged to allow it to dry. If desired, sediment may be land applied and seeded, while following all pertinent soil and erosion control regulations. If land applied on -site, it should be within the drainage area to the pond so sediment that runs off can be recaptured. Wet Detention Pond Maintenance Routine Maintenance Routine maintenance shall include minor upkeep such as mowing; trash and debris removal; minor slope repair and stabilization; periodic structural inspections of the valves, gates, dam, etc.; and tree and brush removal from the dam, spillway, inlet(s), and outlet. These maintenance items may be performed by the owner without review of a Professional Engineer. Non -Routine Maintenance Non -routine maintenance shall include such items as sediment clean -out (dredging); channel stabilization; and problems regarding the principal spillway conduits, emergency spillway, dam failure, and seepage. These items require a Registered Professional Engineer to prepare a plan and/or details and to certify completion of the maintenance. All revisions and repairs to permanent runoff control structures shall be done in accordance with Town of Kernersville guidelines and specifications. Maintenance Schedule: (estimated schedule - certain ponds may require more or less frequent Attention). L Monthly, or after every runoff -producing rainfall event. A. Remove trash and debris from the trash rack. B. Check and clear the orifice of any obstructions. C. Check the pond side slopes for erosion and remove trash from around the pond. D. Inspect principal and emergency spillways for blockage. IL Quarterly, or after major storm events (more than 2 inches of rain). A. Inspect the collection system (e.g. catch basins, piping, grassed swales) for proper functioning. Clear accumulated trash from basin grates and basin bottoms, and check piping for obstructions. B. Check pond inlet pipes for undercutting, replace rip -rap that is choked with sediment, and repair broken pipes. C. Check the operation of the gate valve. All valves should be operated from the fully closed to the fully open position. D. Remove woody vegetation (trees and brush) from dam embankment surfaces and spillway(s). III. Semi -Annually Watershed and Stormwater Administrative Manual 51 Revised 2020-02-01 A. Remove accumulated sediment from the bottom of the outlet structure. B. Check for presence of rip -rap at inlet pipes and replace if necessary. C. Check pond depth at various points in the pond. If mean depth is reduced to 75 % of the original design depth, sediment will be removed to at least the original design depth. D. Check riser and barrel for improper alignment, elongation and displacement of joints, cracks, leaks, loss of protective coating, corrosion, and blockage - repair as necessary. IV. General A. Mow side slopes according to the season. Maximum grass height should be nine (9) inches. B. Riparian and aquatic vegetation (willows, alders, cattails, etc.) are encouraged along the perimeter of the pond at the water's edge. However, the dam, emergency spillway, inlet(s), and water control structure should be kept clear of all woody vegetation. C. In case the ownership of the pond should change, the current owner should, within thirty (30) days of transfer of ownership, notify the Town of Kernersville, Stormwater Division of such ownership transfer. D. Excessive plant growth, algae blooms, odors, discoloration, perceived animal pests, etc. should be addressed with the Stormwater Division on an as -needed basis. Solutions to these problems should be non -chemical and deemed safe to our drinking water supply. Any and all amendments to this Operation and Maintenance Plan shall first be submitted to and approved by Town of Kernersville Stormwater Division. Watershed and Stormwater Administrative Manual 52 Revised 2020-02-01 Town of Kernersville Wet Pond Inspection Form Report Date: Inspection Date: SCM Name/Location: PASS 0 FAIL 0 Note: Items included in this inspection checklist are not an exhaustive list for any particular facility. As each facility is different, the Town looks to the professional inspecting the facility to perform a comprehensive inspection prior to certification. Code Key: MN = Maintenance Needed M = Monitor (potential for future problem) OK = No Maintenance Needed NA = Not Applicable Assessment I Code I Comments SCM and Easement Area Trash or debris present Inflow & Inlet(s) Obstruction: vegetation/debris/sediment Erosion or undercutting Displacement of fabric, rip -rap, aprons, etc. Pipe condition: clogged, damaged Other (describe) Forebay(s) Sediment (>50%)/debris accumulation Side slope erosion or bare soil Invasive vegetation Other (describe) Main Pool & Vegetative Shelf Sediment and debris accumulation Bare soils or erosive gullies Visible pollution or high turbidity Plants are dead, diseased or dying Vegetation height and density Invasive vegetation* Temporary pool drained (< 5 days after storm) Other (describe) * Invasive vegetation should be no more than 50% of the water surface area. Approval from Stormwater Division is required before any chemical application. Watershed and Stormwater Administrative Manual 53 Revised 2020-02-01 Code Key MN = Maintenance Needed M = Monitor (potential for future problem) OK = No Maintenance Needed NA = Not Applicable Assessment I Code I Comments Embankment* Bare soil, erosion, loss of dam material Side slopes maintained (correct height, ground cover) Shrubs or trees present* Animal burrows Slope stability (cracks, sliding, soft or boggy) Emergency spillway Invasive vegetation Other (describe) * The Town of Kernersville recommends that a dam specialist be consulted about established trees (6" diameter, 5' height) growing on the dam. The Town of Kernersville accepts no liability in the event of the stormwater SCM failure. Approval from the Stormwater Division is required before any chemical application. Outlet Device Obstruction of pipe, trash rack & drawdown devise - vegetation, debris, sediment Erosion or undercutting Structural condition Pipe condition Orifice condition High -flow bypass Other (describe) Note: The Town of Kernersville recommends that the pond maintenance & emergency drains be exercised twice per year to prevent seizing. Miscellaneous Fence condition Signage Access Vandalism Fish or wildlife observations Public hazards Other (describe) Other (describe) Watershed and Stormwater Administrative Manual 54 Revised 2020-02-01 Photo 1: Overall View Photo 2: Photo 3: Photo 4: Actions Needed: Watershed and Stormwater Administrative Manual 55 Revised 2020-02-01 Photo 5: Photo 6: Photo 7: Photo 8: Actions Needed: Watershed and Stormwater Administrative Manual 56 Revised 2020-02-01 Additional Comments: Inspector Inspector Signature C Date Certification (Only completed when SCM is fully functional and has no outstanding repair or maintenance issues) as a duly registered Professional in the State of North Carolina, hereby attest that I conducted a thorough inspection and that the stormwater control measure is fully functioning and operating as designed and intended. (Seal) Watershed and Stormwater Administrative Manual 57 Revised 2020-02-01 ANNUAL WET POND INSPECTION CHECKLIST Date: Time: (Project Name): Wet Retention Pond # , Kernersville, NC ANNUAL BUDGET AND REPLACEMENT FUND Item Yearly Cost Budget Actual Mowing Seeding Fertilizer/Lime Embankment Repair Trash Removal Sediment Removal Outlet Structure Maintenance includes Rip Rap) Pest Control Deposit in Capital Reserve Fund Inspector Fee Total Annual Budget Date: Bank: Report Prepared By: Capital Reserve Fund Balance in Capital Reserve Fund: Deposit in Watershed and Stormwater Administrative Manual 58 Revised 2020-02-01 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals, this the day and year first above written. Grantor: (Seal) "Development Name" Owners Association By: (Seal) North Carolina, _ County I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and the capacity indicated: Date: , 2014. Place notary seal below this line: Notary Public Print/Type Name: My Commission Expires: North Carolina, _ County I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and the capacity indicated: ( ), President of "'Owner Association or private owner of BMP" Date: , 2014. Place notary seal below this line: Notary Public Print/Type Name: My Commission Expires: Watershed and Stormwater Administrative Manual 59 Revised 2020-02-01 APPENDIX 10. b (Name of the Bio-Cell) BIORETENTION AREA OPERATION AND MAINTENANCE PLAN The goals of this O&M Plan for a BMP structure is to specify all operation and maintenance work necessary for the storm water control structure(s) and to provide guidance to the current and any subsequent property owner on the requirements for BMP inspection and maintenance. Also provide an estimation of the Annual Budget and Replacement Fund necessary for the annual operation, inspection and maintenance activities for the BMP. Effective long-term operation of infiltration practices requires a dedicated and routine maintenance inspection schedule with clear guidelines and schedules, as shown later in this Plan. Where possible, facility maintenance should be integrated into routine landscaping maintenance tasks. The filter media and surface cover are the two most important elements of a Bioretention facility in terms of long-term performance. Common Maintenance Issues Bioretention facilities require plant, soil, mulch, and under -drain maintenance to ensure optimal infiltration, storage, and pollutant removal capabilities. Bioretention maintenance requirements are typical landscape care procedures and include: 1. Watering: Plants should be selected to be tolerant of the bioretention facility's particular conditions. Watering should not be required after establishment (about 2 to 3 years). However, watering may be required during prolonged dry periods after plants are established. 2. Erosion Control: Inspect flow entrances, ponding area, and surface overflow areas periodically. Replace soil, plant material, and/or mulch in areas where erosion has occurred. Erosion problems should not occur with proper design except during extreme weather events. If erosion problems do occur, the following issues should be re -assessed: flow volumes from the contributing drainage area and bioretention size; flow velocities and gradients within the bioretention facility; flow dissipation and erosion protection methods in the pretreatment and in -flow areas. If sediment is deposited in the bioretention facility, immediately determine the source, remove excess deposits, and correct the problem. 3. Plant Material: Depending on plants selected and aesthetic requirements, occasional pruning and removal of dead plant material may be necessary. Watershed and Stormwater Administrative Manual 60 Revised 2020-02-01 Replace all dead plants. However, if specific plants consistently have a high mortality rate, assess the cause and replace with appropriate species. Periodic weeding is necessary until groundcover plants are established. Weeding should become less frequent if an appropriate plant density has been used. 4. Nutrients and Pesticides: The soil media and plant material should have been selected for optimum fertility, plant establishment, and growth within the particular conditions of each bioretention facility. Nutrient and pesticide inputs should NOT be required and will degrade the pollutant processing capability of the bioretention facility, as well as contribute to additional pollutant loading to receiving waters. By design, bioretention facililities are typically specified in watersheds where phosphorous and nitrogen levels are often elevated. Therefore, these should not be limiting nutrients with regard to plant health. If in question, have the soil analyzed for fertility. 5. Mulch: Bioretention areas should be mulched once the planting of trees and shrubs has occurred. Replace mulch annually in Bioretention facilities where heavy metal deposition is likely (e.g., drainage areas that include commercial/industrial uses, parking lots, or roads). In residential or other settings where metal deposition is not a concern, replace or add mulch as needed to maintain a 2 to 4 inch depth at least once every two years. 6. Soil media: Soil mixes for bioretention facilities are design to maintain long-term fertility and pollutant processing capability. Estimates from metal attenuation research indicates that metal accumulation should not present a toxicity concern for at least 20 years in bioretention facilities (USEPA 2000). Further, replacing mulch where heavy metal deposition is likely provides an additional factor of safety for prolonged bioretention performance. If in question, have soil analyzed for fertility and pollutant levels. With soil testing the accumulation of toxins and heavy metals can be detected or prevented. Over a period of time, heavy metals and other toxic substances will tend to accumulate in the soil and the plants. Data from other environs such as forest buffers and grass swales suggest accumulation of toxins and heavy metals within five years of installation. However, there is no methodology to estimate the level of toxic materials in the bioretention areas since runoff, soil, and plant characteristics will vary from site to site. As the toxic substances accumulate, the plant biologic functions may become impaired, and the plant may experience dwarfed growth followed by mortality. The biota within the soil can also become void and the natural soil chemistry may be altered. The preventative measures would include the removal of the contaminated soil. In some cases, removal and disposal of the entire soil base as well as the plant material may be required. When the filtering capacity diminishes substantially (e.g., when water ponds on the Watershed and Stormwater Administrative Manual 61 Revised 2020-02-01 surface for more than 12 hours), remedial actions must be taken. One possible problem is that underdrain pipe systems can become clogged. Annual flushing through pipe cleanouts is recommended to facilitate unclogging of the pipes without disturbing the bioretention areas. If the water still ponds for more than 12 hours, the top few inches of material should be removed and replaced with fresh material. The removed sediments should be disposed of in an acceptable manner (e.g., landfill). If that does not solve the problem, more extensive rebuilding is required. Examples of When to Perform Maintenance • Replace gravel when it has become clogged with sediment. • Remove top layer of fill media when the pool does not drain quickly. The pool is normally designed to drain within 12 hours. Sample Operation and Maintenance Provisions Important operation and maintenance procedures: - Immediately after the Bioretention cell is established, the plants will be watered twice weekly if needed until the plants become established (commonly six weeks). - Snow, mulch or any other material will NEVER be piled on the surface of the Bioretention cell. - Heavy equipment will NEVER be driven over the Bioretention cell. - Special care will be taken to prevent sediment from entering the Bioretention cell. - Once a year, a soil test of the soil media will be conducted. After the Bioretention cell 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 will be kept in a known set location and will be available upon request. Ongoing monitoring and maintenance is vital to the overall success of bioretention areas. Annual maintenance will be required for plant material, mulch layer, and soil layer. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. Watershed and Stormwater Administrative Manual 62 Revised 2020-02-01 Table Sample Operation and Maintenance Provisions for Bioretention Areas NCDENR Stormwater BMP Manual Reference from: N.C. Division of Water Quality BMP Manual BMP element: Potentialproblems: How to remediate the problem The entire BMP Trash/ debris is present. Remove the trash/ debris. The perimeter of the Areas of bare soil and / or Regrade soil if necessary to remove the gully, bioretention cell erosive gullies have formed. and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe, The pipe is clogged (if Unclog the pipe. Dispose of the sediment off - stone verge or swale applicable). Site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable) Erosion is occurring in the Regrade the swale if necessary to smooth it over swale (if applicable). and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and clogged stone and replace covered in sediment (if with clean stone. applicable) The pretreatment area Flow is bypassing Regrade if necessary to route all flow to the pretreatment area and / or pretreatment area. Restabilize the area after gullies have formed. grading. Sediment has accumulated to a Search for the source of the sediment and depth greater than three remedy the problem if possible. Remove the inches. sediment and restabilize the pretreatment area. 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. The bioretention cell: Best professional practices Prune according to best professional practices. vegetation show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or Determine the source of the problem: soils, dying. 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. If sod was used, check to see that it was not grown on clay or impermeable soils. Replace sod if necessary. Tree stakes/wires are present Remove tree stake/wires (which can kill the tree six months after planting if not removed). Watershed and Stormwater Administrative Manual 63 Revised 2020-02-01 Table continued Sample Operation and Maintenance Provisions for Bioretention Areas Reference from: N. C Division of Water Quality BMP Manual BMP element: Potentialproblems: How to remediate the problem The bioretention cell: soils Mulch is breaking down or has Spot mulch if there are only random void areas. and mulch floated away. Replace whole mulch layer if necessary. Remove the remaining mulch and replace with triple shredded hard wood mulch at a maximum depth of three inches. Soils and / or mulch are Determine the extent of the clogging — remove clogged with sediment. and replace either just the top layers or the entire media as needed. Dispose of the spoil in an appropriate off -site location. Use triple shredded hard wood mulch at a maximum depth of three inches. Search for the source of the sediment and remedy the problem if possible. An annual soil test shows that Dolomitic lime shall be applied as recommended pH has dropped or heavy per the soil test and toxic soils shall be removed, metals have accumulated in disposed of properly and replaced with new the soil media. planting media. The underdrain system (if Clogging has occurred. Wash out the underdrain system. applicable) The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of the sediment off -site. The drop inlet is damaged. Repair or replace the drop inlet. The receiving water Erosion or other signs of Contact the NC Division of Water Quality 401 damage have occurred at the Oversight Unit at 919-733-1786. outlet. Watershed and Stormwater Administrative Manual 64 Revised 2020-02-01 Town of Kernersville Bioretention Inspection Form Report Date: Inspection Date: SCM Name/Location PASS 0 FAIL 0 Note: Items included in this inspection checklist are not an exhaustive list for any particular facility. As each facility is different, the Town looks to the professional inspecting the facility to perform a comprehensive inspection prior to certification. Code Key MN = Maintenance Needed M = Monitor (potential for future problem) OK = No Maintenance Needed NA = Not Applicable Assessment I Code I Comments SCM and Easement Area Trash or debris present Perimeter Bare soil or erosion on side slopes Sediment or debris accumulation Side slope vegetation maintained Invasive vegetation Other (describe) Inflow & Inlet(s) Obstruction: vegetation/debris/sediment Erosion or undercutting Dissipators: Rip -rap, fabric, etc. Structural condition: Pipes, weirs, etc. Other (describe) Pretreatment Area(s) Sediment or debris accumulation Bare soils or erosion Flow bypassing pretreatment Invasive vegetation Other (describe) Watershed and Stormwater Administrative Manual 65 Revised 2020-02-01 Code Key: MN = Maintenance Needed M = Monitor (potential for future problem) OK = No Maintenance Needed NA = Not Applicable Assessment I Code I Comments Bioretention Cell Overgrown or invasive vegetation Vegetative health (diseased, dead, dying, etc.) Mulch is decomposed or displaced Soils or mulch clogged with sediment Ponding depth (indicate design and existing depths in comments) Ponding duration (ponding > 12 hours) Underdrain system Bare soil or erosion on side slopes or in grassed cell Other (describe) Outlet Device Obstruction: vegetation/debris/sediment Erosion or undercutting Structural condition (riser, pipes, dissipator) High -flow bypass Other (describe) Miscellaneous Fence condition Signage Access Vandalism Other (describe) Other (describe) Watershed and Stormwater Administrative Manual 66 Revised 2020-02-01 Photo 1: Overall View Photo 2: Photo 3: Photo 4: Actions Needed: Watershed and Stormwater Administrative Manual 67 Revised 2020-02-01 Photo 5: Photo 6: Photo 7: Photo 8: Actions Needed: Watershed and Stormwater Administrative Manual 68 Revised 2020-02-01 Additional Comments: Inspector Inspector Signature Date Certification (Only completed when SCM is fully functional and has no outstanding repair or maintenance issues) as a duly registered Professional in the State of North Carolina, hereby attest that I conducted a thorough inspection and that the stormwater control measure is fully functioning and operating as designed and intended. (Seal) Watershed and Stormwater Administrative Manual 69 Revised 2020-02-01 NAME OF BIO-CELL Date: Time: (Project Name): Kernersville, NC Bio-retention Area # ANNUAL BUDGET AND REPLACEMENT FUND Item Yearly Cost Budget Actual Mowing and/or pruning Seeding Fertilizer/Lime Replacement of plants Trash Removal Sediment Removal Inlet Structure Maintenance Stone verge, pipes and/or Rip Rap) Media soil replacement Outlet Structure Maintenance overflow structure and/or Rip Rap) Pest Control Deposit in Capital Reserve Fund Inspector Fee Other cost Total Annual Budget Date: Bank: Report Prepared By: Capital Reserve Fund Balance in Capital Reserve Fund: Deposit in Watershed and Stormwater Administrative Manual 70 Revised 2020-02-01 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals, this the day and year first above written. Grantor: By: (Seal) Name of Owner or Owners Association (Seal) North Carolina, County I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and the capacity indicated: Date: _ , 2014. Place notary seal below this line: Notary Public Print/Type Name: My Commission Expires: North Carolina, _ County I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and the capacity indicated: ( ), President of .. 0101 Date: , 2014. Place notary seal below this line: Notary Public Print/Type Name: My Commission Expires: Watershed and Stormwater Administrative Manual 71 Revised 2020-02-01 APPENDIX 11 MAINTENANCE ESCROW AGREEMENT For [Insert SCMnames and Development Name) Account # THIS AGREEMENT made pursuant to Town of Kernersville Watershed Protection and Stormwater Ordinances, and entered into this day of , 20 , by and between The TOWN OF KERNERSVILLE, a North Carolina municipal corporation, party of the first part (hereinafter referred to as "Town"; and fInsert Name ofDeveloperl (hereinafter referred to as "Developer"), and [Insert Homeowners or Associationnamel (hereinafter referred to as the "Association") parties of the second part, hereby employ [Insert Name of the Escrow Officer of [Insert Name of the Bank], as Escrow Agent party of the third part (hereinafter referred to as "Escrow Agent"), with its principal place of business at [Insert Full Address of Escrow Officer office], and in connection with the Stormwater Control Measures of [Insert Name of the Development or project] project at [Insert Full Address of Proiect or Development] . WITNESSETH: WHEREAS, the Town's Watershed Protection and Stormwater Ordinances (hereinafter referred to as "Stormwater Ordinances"), requires the establishment of an escrow account to ensure that adequate funds are available to provide for the long-term maintenance, and/or replacement/reconstruction of the Stormwater Control Measures (hereinafter referred to as "SCMs") (maintenance activities include, but are not limited to, sediment removal and structural, biological or vegetative replacement, repairs, or reconstruction). WHEREAS, the Stormwater Ordinances, requires both an initial payment by the Developer and either annual sinking fund payments by the Association (if it has taken ownership of the SCMs) or by the Developer (if it still retains ownership of the SCMs) to fund the escrow account. WHEREAS, the Stormwater Ordinances requires the Developer to pay into the escrow account an initial payment equal to fifteen percent (15%) of the initial construction cost of the SCMs prior to plat recordation or issuance of construction permits, whichever occurs first. Watershed and Stormwater Administrative Manual 72 Revised 2020-02-01 WHEREAS, the Stormwater Ordinances requires the Association (if it has taken ownership of the SCMS) or the Developer (if it still retains ownership of the SCMS) to pay into the escrow account the total amount of sinking fund budget (corresponding to eighty-five percent (85%) of the initial construction cost of the SCMS according to the following schedule: two-thirds (2/3) of the amount 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 SCMS. WHEREAS, the Developer is developing a [Insert type of Project] known as [Insert Name of the Project], to be maintained by a home owners association, a property owners association or similar entity, and desires to provide the Town a financial guarantee to assure that adequate funds are available to provide for the long-term maintenance, and/or replacement/reconstruction of the SCMS at [Insert Name of the Project] and has established an Escrow Account for such purpose. WHEREAS, the parties have agreed that the Escrow Agent is acceptable to all parties to act in such capacity; NOW, THEREFORE, in consideration of the foregoing premises, it is hereby agreed: The Developer has deposited in escrow the sum of dollars ($ ) with the Escrow Agent, to guarantee that adequate funds are available to provide for the long-term maintenance and/or replacement/reconstruction of the SCMS as required by the Stormwater Ordinances and in accordance with approved construction plans and specifications. 2. The Association (if it has taken ownership of the SCMS) or Developer (if it still retains ownership of the SCMS) shall pay the sum of dollars ($ ) to the Escrow Agent within ten (10) years following initial construction of the SCMS (funds shall be deposited each year into the escrow account) to guarantee that adequate funds are available to provide for the long-term maintenance and/or replacement/reconstruction of the SCMS as required by the Stormwater Ordinances and in accordance with approved construction plans and specifications. 3. The Escrow Agent agrees to hold said funds and to pay out said funds only upon receipt of "Proper Authorization" as hereinafter defined. "Proper Authorization" shall mean authority in written form from the Town stating that a disbursement is authorized either: (a) To the Association, or to any party designated in writing by the Association, upon delivery of "Proper Authorization" from the Town authorizing such payment. The Town, through the Town's Stormwater Division, shall issue such "Proper Authorization" upon approval of the expenditure. (b) To the Town upon delivery of a "Proper Authorization" from the Town's Stormwater Division, upon its determination that the SCMS are not performing adequately or as intended or are not properly maintained in accordance with the Stormwater Ordinances and the Town has determined that pursuant to the Stormwater Ordinances it must perform any such uncompleted maintenance and/or replacement/reconstruction activities and use the escrow funds on deposit with the Escrow Agent for such purposes. Watershed and Stormwater Administrative Manual 73 Revised 2020-02-01 4. The Developer or the Association, whichever is responsible, agrees to comply with the requirement of the Stormwater Ordinances that 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. 5. The Escrow Agent hereby acknowledges that it will hold the funds referred to in Items 1 and 2 above and represents that it has no obligation whatsoever to any of the parties hereto except to release said funds within ten (10) calendar days upon delivery of "Proper Authorization" from the Town, and the Developer or Association does hereby release and hold the Escrow Agent harmless from any and all claims whatsoever by it against the Escrow Agent for releasing such funds to the Town in accordance with the terms of this Agreement. 6. In the event that this escrow agreement should fail for any reason to cover the costs of maintenance or repair, including any deficiency as to form or execution, then Developer and the Association, and their successors, transferees, or assigns, acknowledge that whichever party is deemed responsible by the Town is subject to being charged for the costs of such maintenance and/or replacement/reconstruction; and such costs shall be enforced in the nature of a debt as provided by the applicable Ordinances and State laws. IN WITNESS WHEREOF, the parties have hereto set their hands and seals, this day of 20 {SIGNATURES APPEAR ON THE FOLLOWING PAGES{ Watershed and Stormwater Administrative Manual 74 Revised 2020-02-01 PARTY OF THE FIRST PART: U 11VATWE110:4 91 1"VILM441T 1m By: Dawn H. Morgan, Mayor ATTESTED TO: Keith Hooker, Town Clerk STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of Forsyth County, North Carolina, do hereby certify that personally came before me this day and acknowledged that she is the Town Clerk of the Town of Kernersville, a North Carolina municipal corporation, and that by authority duly given as the act of the Town of Kernersville, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by her as its Town Clerk. Witness my hand and official seal, this the day of 120 Notary Print/Type Name: My Commission Expires: (SEAL) Watershed and Stormwater Administrative Manual 75 Revised 2020-02-01 STATE OF NORTH CAROLINA ) COUNTY OF ) PARTY OF THE SECOND PART: DEVELOPER: By: (SEAL) Name: Its: (Title) DEVELOPER ACKNOWLEDGEMENT I, , a Notary Public of County, North Carolina, do hereby certify that , the of personally came before me this day and acknowledged the execution and sealing of the foregoing instrument as on behalf of and as the act of the company referred to in this acknowledgment. Witness my hand and notarial seal, this the day of Notary Print/Type Name: My Commission Expires: (SEAL) 20 Watershed and Stormwater Administrative Manual 76 Revised 2020-02-01 STATE OF NORTH CAROLINA ) COUNTY OF ) PARTY OF THE SECOND PART: ASSOCIATION: By: (SEAL) Name: Its: (Title) ASSOCIATION ACKNOWLEDGEMENT I, , a Notary Public of County, North Carolina, do hereby certify that , the of personally came before me this day and acknowledged the execution and sealing of the foregoing instrument as on behalf of and as the act of the company referred to in this acknowledgment. Witness my hand and notarial seal, this the Notary Public Print/Type Name: My Commission Expires: (SEAL) day of 20 Watershed and Stormwater Administrative Manual 77 Revised 2020-02-01 PARTY OF THE THIRD PART: NAME OF BANK: ESCROW AGENT: By: Name: Its: STATE OF NORTH CAROLINA ) COUNTY OF ) (Title) ESCROW AGENT ACKNOWLEDGEMENT I, , a Notary Public of County, North Carolina, do hereby certify that , the of personally came before me this day and acknowledged the execution and sealing of the foregoing instrument as on behalf of and as the act of the company referred to in this acknowledgment. Witness my hand and notarial seal, this the Notary Public Print/Type Name: My Commission Expires: (SEAL) day of 120 Watershed and Stormwater Administrative Manual 78 Revised 2020-02-01 APPENDIX 12 Stormwater/Watershed Permit Process WATERSHED/STORM WATER MANAGEMENT PERMIT APPLICATION PROCESS Obtain 000roval of "Stormwater Management Svstem Conceot Plan" See Appendix 02 "Stormwater Management System Conceot Plan Review Submittal". Does the project comply with the Development Standards for the Low Density Option in accordance with the Town of Kernersville regulations? NO A High Density Watershed/Stormwater Permit is required for a project exceeding the requirements of the Low Density option. See Appendix 03 "Watershed /S torm w o ter Permit Application Forms" and Appendices 04—a and 04—b "Stormwater Design Construction Plans Submittal Checklist" and "High Density Wo tersh ed /Storm wo ter Permit Submittal Checklist" The project is required to implement Engineered Stormwat Control devices (BMPs) to treat Stormwater runoff. Submit the following items to the Watershed Administrator or Designee for review: —High Density Watershed/Stormwater Application with corresponding Watershed—Stormwater Fees —Stormwater Design Construction Plans (including design of BMPs) —Draft of the 0&M Agreement for the BMPs —Draft of the 0&M Plan for the BMPs —Contractor's estimated cost for construction of BMP(s) —Draft of Deed of Easement document —Any additional applicable documentation required for the project. ee Appendices 08 "BMPs 0&M Agreement odels", 09 "Deed of Easement Model", and ppendix 10 "O&M Plan Models" YES Submit Stormwater Design Construction Plans, any additional applicable documentation, and Low Density Watershed/Stormwater Application with corresponding Watershed/Stormwater Permit Fees for review by Watershed Administrator or Designee. See Appendix 03 "Watershed /Stormwater Permit Appication Forms" and Appendix 04—a "Stormwater Design Construction Plans Submittal Checklist" N i c O N y N a N � U N N c Review of Stormwater Design Construction m Plans, Watershed/Stormwater Application _n N •a T and any additional required documentation W 5 o by Watershed Administrator or Designee. of E Will the BMPs structures be owned and NO N T maintained by a homeowner's assoclar iation, c o property O N owners' association, or simientity? :� ut o ° L U N N YES u v Submit a copy of the draft document m .� for Association Covenants, Conditions and See Appendix 11 w 5 0 Restrictions and a copy of the draft "Maintenance :2 E document for the Maintenance Escrow Escrow Agreement Agreement for review by the Watershed Model" Administrator or designee. Review of Stormwater Design Construction Plans, Watershed/Stormwater Application and any additional required submitted documentation by Watershed Administrator or Designee and the Watershed Review Committee. Disapproved Approved Disapproved Review Comments issued to developer or designer based on Watershed Administrator or Designee reviews. Review Comments Submit a performance surety for BMPs, recorded issued to developer Operation and Maintenance Agreement, recorded Deed See Appendix or designer based of Easement and signed and notarized Operation and 05 "Guidelines on Watershed Maintenance Plan. Also, submit recorded Association for Surety Administrator or Covenants, Conditions and Restrictions and recorded Posting" Designee reviews. Maintenance Escrow Agreement if applicable. Watershed/Stormwater permit issued. Construction may proceed. (see Appendix 13 "Stormwater Management Construction and Construction Inspection Process"). Watershed/Stormwater permit is REV. APR/L 2014 valid for twelve (12) months. Watershed and Stmrawater Administrative Manual 79 Approved Watershed/Stormwater permit issued. Construction may proceed. (see Appendix 13 Stormwater Management Construction and Construction Inspection Process). Revised 2020-02-01 APPENDIX 13 APPENDIX 13 STORMWATER MANAGEMENT CONSTRUCTION AND CONSTRUCTION INSPECTION PROCESS Obtain "Watershed/Stormwater Permit". itenance activities to ite the BMP(s), the w/or developer can est re —inspection of BMP(s). Manaqement Permit Application Process. Construct project per to constructing field changes. Construction Phase Town staff may conduct periodic construction inspections, owner and/or contractor responsible for inspection and maintenance of E&SC measures and BMPs. tenance ments issued to NO w or developer d on mwater Division inspection of BMP(s). the project require the construction of Engineered NO As determined by the Watershec water Control devices (BMPs) to treat Stormwater runoff? Administrator As —Built Drawings YES may be required. Engineered stormwater control devices (BMPs) construction complete. Design professional submits to the Watershed Administrator for review and approval "As built plans" for BMPs and "Engineer's Certificate of Stormwater Control Completion" for each BMP. Approoved 1 owner may request release of fifty gent (507) of the performance surety to Town's Engineering Division. Stormwater Division staff shall perform inspection of the BMP(s). the BMP(s) constructed and ied as required by the Town of Mlle Watershed/Stormwater Ordinances? Denied eloper or designer based Watershed Administrator Designee reviews. The Stormwater Administrator shall release fifty percent (507) of the performance surety. No sooner than one year after the completion of the BMP(s), the owner may request release of the remaining fifty percent (507) of the performance surety to the Town of Kernersville Engineering Division. I the Stormwater Division staff shall pertorm Ian inspection of the BMP(s). After the repair and/or epair and/or maintenance activities to aintenance comments Lissued to owner of NO s (are) the BMP(s) maintained and performin update the BMP(s), the owner can request rat--ias MP(s) based on required by the Town of Kernersville atershed/Stormwater Ordinances? re —inspection of the BMP(s). tormwater Division staff spection of the BMP(s). fr YES e owner or person responsible for maintenance of the BMP(s) shall The Stormwater Administrator shall bmit to the Stormwater Administrator an annual inspection report of "Engineer's — .release the remaining fifty percent e BMP(s) beginning one year from the date of the (507) of the performance surety. .rtificate of Stormwater Control Completion" of the BMP(s). R V. MAY M14 Watershed and Stormwater Administrative Manual 80 Revised 2020-02-01 APPENDIX 14 Town of Kernersville P.O. Box 728 Kernersville, NC 27285-0728 r TOWN OF KERNERSVILLE yew , ryC�RPORATC9 lg 134 East Mountain Street Telephone (336)996-3121 Fax (336)996-4822 ENGINEER'S CERTIFICATE OF STORMWATER CONTROL COMPLETION I , certify that, pursuant to generally accepted engineering standards in the community, it is my professional opinion that the storm water control structure(s) labeled as and located on this plat (or on name of plat ) as recorded in PB ,PG in the Office of County Register of Deeds has been completed in conformance with the approved plans and specifications meeting all requirements of Kernersville Watershed Ordinance, has its full design volume available, and is functioning as designed. Witness my hand and seal this day of , 20 Engineer or Landscape Architect Notice: This property is located in a Watershed WS------ public Water Supply Watershed. Development restrictions apply. This property is subject to restrictive covenants and contractual lien requiring maintenance and annual inspection of a storm water control structure. Watershed and Stormwater Administrative Manual 81 Revised 2020-02-01 e to Belews Creek%,,i' 150 Kerner66 sville;Lake;CA ' 6eaJei Martin Mill Belews Creek, East Belews -Cr'eek( Kernersville ake �_ Creek l •\� M// r ek eek s 8 Kerner Mill Creek Reedy1Fork e F Creek Fishers Branch Smith West'Fork �Il Creek _ Deep River N 66 / Abbotts a Creek I `°sue or O eo Fjd ers r eeK%Lower./ cr reek s ht3tl �• !'4i 66 Cq i//eras �h APPENDIX 15 N 20140205 Map Not To Scale TOWN OF KERNERSVILLE WATERSHED MAP Abbotts Creek WS III - BW East Belews Creek C Reedy Fork Creek WS III - BW Lower Abbotts Creek WS III - BW - Fishers Branch WS III - BW Smith Creek WS III - BW Belews Creek Kernersville Lake WS IV - BW Kerner Mill Creek WS III - BW West Fork Deep River WS IV - BW Belews Creek Kernersville Lake WS IV - CA Martin Mill Creek WS III - BW 'Note: The critical area idetified on themap in the Belews Creek watershed is symbolic. All cases should be evaluated on a site specific basiV��o d t r i e if the r,�o,ppert is thi the one-half cr' cal area. This map is subject to revisio atan� t'rpg heck with the Communitya evveopmpen�"�epaa?imen t`or a �ost current watershed boundaries. �evised 2U2b-112-b APPENDIX 16 NORTH CAROLINA FORSYTH COUNTY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are hold and firmly bound unto the Town of Kernersville in the sum of dollars ($ ) for the payment of which sum the Principal and Surety do hereby bind themselves, their heirs, executors, administrators and assigns, jointly and severally, firmly by theses presents. WHEREAS, the said Principal, as owner of that certain development known as , as shown on plat dated , prepared by , which owner proposes to improve and develop: all of said improvements to be fully installed and said work to be completed in accordance with the approved construction plans and the Town of Kernersville standards and specifications; and WHEREAS, the Principal has contracted and agreed to install said improvements in a manner acceptable to the Town Manager as being within the standards and specifications of the Town of Kernersville as a condition for the Watershed Permit of said development as aforesaid; NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH that if the said Principal (i) shall well and truly perform and complete his or its agreement with the Town of Kernersville, (ii) shall fully install and construct all of said improvements in a manner within the standards and specifications of the Town of Kernersville, (111) shall pay as they become due all just claims for work or labor performed and materials furnished in connection with said improvements and (iv) shall defend, indemnify and save harmless the Town of Kernersville against any and all liens, encumbrances, damages, claims, demands, expenses, costs and charges of every kind, arising out of or in relation to the performance of said work, then this obligation shall be null and void; otherwise the same shall remain in full force and effect. It is understood and agreed that the terms of the bond shall give the Town of Kernersville the unqualified right, after default, to receive any part of the bond which is necessary to complete the promised performance or to repair any inadequate performance. It is understood and agreed that the Town of Kernersville may institute suit on this bond, if the principals fails to perform he or its agreement as above mentioned in all respects. IN WITNESS WHEREOF, the Principal and Surety has signed and sealed this instrument, this day of , 20. BY Principal BY Surety (SEAL) (SEAL) Watershed and Stormwater Administrative Manual 83 Revised 2020-02-01