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Home My WebLink AboutWoodstone Creek Section ! COMMERCIAL/INDUSTRIAL DEVELOPMENT STORMWATER LONG-TERM OPERATION AND MAINTENANCE AGREEMENT File No: LTMA.Woodstone 11.28.23 Parcel ID: 10-19-03-500-797.000-009 As accepted through SWQMP No: Project Name:_bloodstone Creek Section 1 (Coopers Ln.) Primary function or description of activities to be executed at the site: Residential Subdivision with 2 Retention Basins. Stormwater Pollution Prevention Plan - Post Construction Component (Section C) C1 —Description of pollutants and their sources associated with the proposed land use: LEAVE: vuL::H aEHIc:3..LAR Scx,RcES sui:H AS LEAkk F EL :IL, :HAKE FLuI:;, !SAKE .. EASE AN,TIF-EE1E. METALS, RUBBER FRACMEt.T., IT SALTS AND 'SAN_S, TR47H AND CE5 CIS, FE=TIUZERG. CLEANING AGENTS CHEMICALS, :AINT. ANIMAL WASTE, ELEVATE STORM FUNCFF 'TEM''E AT..FE:';, 1ESTI:IDEE ANR PATHOGENS C2 - Description of proposed post-construction stormwater measures :E::ETATE!> `:WALE:-; THE ACETATE) SWALE` I\STALLED D1,RINO CONSTRUCTION WILL SLCW PUNC,FF AND ACT aS THE RUNOFF WILL NOT ONLY ALLOW SEDIMENT TO DROP CUT. BUT UNIT THE ABILITY FOP THE '.T::J.v WATER TO ERODE ANC: CARRY POLL'.:TANT; DOWNSTREAM. PERvANENT SEEDING I E<VANENT NEEDING WILL HE PLACED TO AST AS A FILTER AND TO I'REyE\T EI<aN.IuN HYL'ROGYhANC_ SEPARATORS THE PRIMARY TREATVENT; vECHANkM-; .J';E:, IN Hi)s ARE GRAVITY SEPARATION AND N.-ILL CA=TLIiE HIGH C-E:IFI':: GRAVITY -'A!.TI l..LATE.; SETTLE BY GRAVITY TO THE SUMP CF THE DEVICE, WITH LOW SPECIFIC GRAVITY OIL, TRASH, AND DEB-1_ FLOAT TO THE SUzFA.CE AND ARE TRAPPED. \C vALLi THERE IS SLFFI::IENT FLOATARLES ST:RAGE FOR THE DEVICE TO CART JRE AND RETAIN AN OIL :1•4 F EL SPILL (:F `;I13STA:NTIAL VOLIVE HNTIL MAINTENA`.rE c:.N HE PERFORMED TO RECD':E= THE SPILLED HYCRCOARBDNS WET :ETENTIoN I;Ai IN SERE TO CONTROL THE '.'CL.I.IE AND RATE C+F RUNOFF THE F4 ILIT t'E/OvES SEDIMENT POD CR::•Af.IC N.,TRlEST; A•N : TRA:E METALS THRDuGH THE R..::E::.: .:F .,ETTUNG CF POLLUTANTS. hI ;Lt:c;Ic:AL P•n,::E:!•E . I I,I dc: IN THE ':)N AID IN ?El, ,cl'.i, THE Amo.JD.T I.I,T lE.T.; '::E:ENT -.OH 47 NITRATE 'dL' PH!?,PH,'P.-C3 — Plan details for each stormwater measures (see plan set sheets C1.4—C1.9) C4 - Sequence describing stormwater measure implementation E::ETATEI: .S WALE:: THEY WILL BE COSOTt..',.:.TEU DiRING AND FOLLOWING THE MASS. GRADING CF THE SITE THEY WILL BE IMVEJIATELY STABILIZED WITH RERMANENT SEEING AND 1 LILCH AND EROSION CCSTRDL HLANKET; AS SHCW\ ::N THE PLAN THEY WILL I E-c-;1 T IN THE POST CONSTRUCTION IHA..;E A PERMANENT FEAT..RE PE6:v..aNENT SEEI:I\L, PERMANENT SEEDING CF Ek-CSE' AREAS SHALL LIE INITIATED ON THE SEVENTH (7TH) DAY AND STA?IUZA.TION ACT1'.TIES SHALL BE COMPLETED BY THE FOURTEENTH (14) DAY ONCE FINAL GRA._ING IS COMPLETE.. WET JETENIJCN EA 1N THE WET DETENTION LASIN SHOULD BE CONSTRUCTED PER THE CCNSTRUCTION SCHED_LE ON SHEET c:r ., THE "ETE\110N HASIN 'WILL HE PROTECTED FROM SEDIMENTATION BY INSTALLING SILT FENCE ALCNG THE NORTH BANK. ONCE VEGETATION HAS BEEN ESTABU7HEO THIS SILT FENCE WALL BE RE► Ov£D .AND THE BASIN WILL THEN SERVE AS PERMANENT FEAT_PE Rc:':1'IN • STORMWATER RETE•Tl:;n ANr SE:I►►ENT CONT- .L 202404895 MISC $25.00 02/27/2024 03:40:00P 7 PGS Steve Gill Clark County Recorder IN Recorded as Presented Page 1 of 7 II101111111IIIIIIIIIIIIIIIIIIII • C5 - Maintenance guidelines for proposed post-construction stormwater measures dE:ETATED SWALE THE 'vE;:ETATE SwALES 'r;H:JuL-: BE ;.HECkED ANNUALLY FCR ISSLES RELATED T:' i'ERF':!Rt.iAL, E. r. •IN:. THI' TIME Ti1A`,H H;;..0 HE ,EM::vEU• SEED PLANTED IF NECESSARY. AN-, AN PRJBLEV_ 42_•PESSED THE CRASS I'. THE SWALE SHOULD BE KEPT AT A 3"—d" HEIGHT MAINTENAN E ASSOCIATE:: W1TH THE VEGETATED SWALE IS THE RE PDNSISILJTY OF THE L:CAL LAti:GwNER FOR INDIA:.'AL L:)Ts AND H044E OWNERS ASSOrlsl1'iN F:: ; ::MM;3N A,EZ.`: THE HOMEOWNERS ASSOCIATION SHOULD CONDUCT THE INSPECTION AND RE►II`)OED HOMEOWNERS DF MAINTENANCE NEEDS. YE•RMANENT SEEDING PERMANENT SEEDING AREAS SHOULD BE CHECKED ANNUALLY FOR ISSUES RELATED TO PERFORMANCE. DURING THIS TIME PLANT SEE: IF NECESSARY AND ANY EROSION PROGLEMS ADDRESSED TRASH SHOULD 3E REMCvED ON AN AS NEED BASIS THE GRASS SHOULD BE KEPT TO A 3 — 4' HEIGHT. MAINTENANCE IS THE RESPONSIBILITY OF THE LOCAL LANDOWNER FCR INDIVIDUAL LOTS AND HOME OWNERS ASSOCIATION FOR COMMON AREAS. THE HOMEOWNERS ASSOCIATION SHOULD CONDUCT THE INSPECTION AND REMINDED HOVE)WNEI,; F MAINTENANCE NEEDS. WET 1ETEN1I0N BASINS :PCNI)S1 INLETS AND OUTLETS SHCI.LD BE CHECKED TO MAKE SL E THEY ARE FREE OF LEBRIS. THE WET SHC,:LD RE CHECKED SEMIANN..ALLY TO ENS'AE °-CI ER 'EiFC?VANCE BA\K _:HCa!LT BE ::HEJE F:)f& ER:sI:N, AND REEAf"E!) IF NECESSARY >;E:IMENT `;H:)PL. i?E iEMavE: F?').1 THE PCOL wHE. THE ACCUMULATED SEDIMENT VOLME EXCEEDS 2CX "iF NE BASIN VOLUME MAINTENANCE SHALL RIE DONE BY THE HOME OWNERS ASSOCIAT1ur:. STREET', STREET CLEANING ANC TRASH COLLECTION WILL BE PART OF THE TOWN OF 'WHIIESOWN'S NORMAL RI:;HT—L:F—WAY .:►'NEE AND WILL HE 'DONE ON AN AS NEEDE.I HASIS. STREETS SH:)UL) HE VC•.ITJRED MONTHLY AND SWEPT AS NEEDED TC REMOVE AS N,:CH SEDIMENT A5 P :SSIBLE BEFORE ENTERING STORM SEwER SYSTEM AND DOWNSTREAM WATERWAYS. THIS SHALL BE DONE BY THE :E:EL;:I:E+ UNTIL. NE STREETS ARE ACCEPTED BY THE •::ITY OF NUHLESVILLE. Lai INDIv1 .:.AL LOT OWNERS ARE RESPONSIBLE FOR PREVENTING POLL..TANTS FROM LEAVING THE LOTS T11E HOMEOWN NS A.SOCIAf:)N HCME:)WNERS :)F NEC:E;`ITY OF sTORM COLLECTICN SYSTEM AN') THE THEIR INN;17uAL .E=P=`,SI=IUTY TO KEEP IT CLEAN AND FUNCTICr.I V G. C6 - Entity that will be responsible for operation and maintenance of the post-construction stormwater measures: Woodstone Creek Homeowners Association This AGREEMENT, made and entered into this 27th day of November,of the year 2023, by and between Woodstone Creek, LLC(hereinafter called the "OWNER") and the City of Jeffersonville, Indiana. WITNESS, that WHEREAS, Ordinance No. 2021-OR-14, was adopted April, 21, 2021, by the City of Jeffersonville establishing requirements for storm water quality Best Management Practices(BMPs) and a Storm Water Quality Management Permit (SWQMP) to manage the quality of storm water discharged from areas of urban development and redevelopment. WHEREAS, under said Ordinance, the City of Jeffersonville shall have the authority to inspect private systems within the City of Jeffersonville and to order such corrective actions to said private storm water management systems as are necessary to maintain properly the storm water management systems within the City of Jeffersonville. WHEREAS, under said Ordinance it is provided that storm water quality BMPs not owned municipally must be maintained by the property owner according to the terms of Long-Term Operation and Maintenance Agreement that must be implemented before a SWQMP is approved. Page 2 of 7 WHEREAS, the City of Jeffersonville has adopted and approved technical guidelines relating to storm water quality best management practices in the City of Jeffersonville. WHEREAS, the owner is the legal title-holder of certain real property, more particularly described as: Gt 35;37.29;Ac Survey Coopers Lane and Woodstone Circle. as recorded by deed in the land records of the City of Jeffersonville, in Deed Book at Page (hereinafter called the "Property"). WHEREAS,the OWNER is proceeding to build on, develop or redevelop the Property. WHEREAS, the Stormwater Pollution Prevention Plan (SWPPP) and Long-Term Operation and Maintenance Plan,sealed by Kristopher Eichhorn,a licensed Professional Engineer at HWC Engineering, dated 7/21/23, on file, the City of Jeffersonville, which is expressly made part hereof, as approved or to be approved by the City of Jeffersonville, provided for storm water quality management within the confines of the Property. WHEREAS,the City of Jeffersonville and the OWNER agree that the health, safety, and general welfare of the residents of the City of Jeffersonville require that onsite storm water quality best management practices be constructed, operated and maintained on the Property. WHEREAS, the City of Jeffersonville requires that onsite storm water facilities in accordance with the Stormwater Pollution Prevention Plan (SWPPP) and Long-Term Operation and Maintenance Plan be adequately designed, constructed, installed, operated and maintained by the OWNER. WHEREAS, an approved Stormwater Pollution Prevention Plan and Long-Term Operation and Maintenance Plan will adequately illustrate the location type and extent of storm water quality BMPs, minimum inspection procedures and schedule, minimum operation procedures and schedule, and anticipated minimum maintenance activities including when and how to remove accumulated/collected/filtered/amassed/grown excess vegetation, sediment, debris, trash, pollutant and/or forms of pollution from the storm water quality best management practices. NOW THEREFORE, In consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and condition,the parties hereto agree as follows: 1. The onsite storm water quality best management practices shall be constructed by the OWNER in accordance with the SWPPP and Long-Term Operation and Maintenance Plan. 2. The OWNER shall operate and maintain the storm water quality BMPS as directed by the Long- Term Operation and Maintenance Plan in good working order acceptable to the City of Jeffersonville for perpetuity. 3. The OWNER agrees that inspections will be performed by a Qualified Professional. 4. The OWNER agrees that inspections will be documented and include the following information: a. A description of the current operational or functional status of the storm water quality BMPs. For structures that accumulate sediment, trash,debris other pollutant or form of Page 3 of 7 • pollution, an indication of used and remaining capacity (fraction, percentage, depth or volume) shall be given to identify when the BMP must be cleaned out. b. Identification of any necessary repairs, sediment/debris removal or replacement of all or portions of the storm water system(s). c. The results of any field or laboratory analyses performed. d. Other relevant or unusual observations related to the system(s). e. Action plan to prevent premature storm water system failure as consistent with the Long- Term Operation and Maintenance Agreement(s) provisions. f. Action plan to prevent the premature system failure that exceeds the Long-Term Operation and Maintenance Agreement(s)provisions, but are necessary to prevent storm water pollution from leaving the site. 5. The OWNER hereby grants permission to the City of Jeffersonville, its authorized agents and employees to enter the property to inspect the storm water quality best management practices whenever it deems necessary. Whenever possible, the City of Jeffersonville shall notify the OWNER prior to entering the Property. 6. In the event the OWNER fails to maintain storm water quality best management practices in accordance with the SWPPP and Long-Term Operation and Maintenance Plan in good working order acceptable to the City of Jeffersonville,the City of Jeffersonville may enter the property and take whatever steps it deems necessary to repair or maintain said storm water quality best management practices. This provision shall not be construed to allow the City of Jeffersonville to erect any structure of a permanent nature on the land of the OWNER without first obtaining written approval of the OWNER. It is expressly understood and agreed that the City of Jeffersonville in under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City of Jeffersonville. 7. In the event the City of Jeffersonville, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment,supplies,materials, and the like, the OWNER shall reimburse the City of Jeffersonville upon demand, within ninety (90) days of receipt thereof for all costs incurred by the City of Jeffersonville hereunder. In the event,the OWNER does not reimburse the City of Jeffersonville within ninety(90)days of receipt; the City of Jeffersonville may apply a lien upon the property for double the expense to the City of Jeffersonville. In the event that the OWNER does not reimburse the City of Jeffersonville within one year from the application of a lien upon the property then the City of Jeffersonville may take other legal measures to recover costs, including associated legal costs, incurred by the City of Jeffersonville. 8. It is the intent of this Agreement to guarantee the proper maintenance of onsite storm water quality best management practices by the OWNER; provided, however, that this Agreement shall not be deemed to create or affect any additional liability of any party for damage alleged to result from or be caused by storm water management practices. Page 4 of 7 9. The OWNER, its executors, administrators, assigns, and any other successors in interest, shall indemnify and hold the City of Jeffersonville and its agents and employees harmless for any and all damages, accident, casualties, occurrences, or claims which might arise or be asserted against the City of Jeffersonville from the construction, presence,existence,operation or maintenance of the storm water quality best management practices by the OWNER or the City of Jeffersonville. 10. In the event a claim is asserted against the City of Jeffersonville, its agents, or employees for the construction, presence, existence, operation or maintenance of the storm water quality best management practices by the OWNER, the City of Jeffersonville shall notify the OWNER and the OWNER shall defend at its own expense any suit based on such claim. If any judgment or claims against the City of Jeffersonville, its agents, or employees shall be allowed,the OWNER shall pay all costs and expenses in connection therewith. 11. This Agreement as attached by the SWPPP and Long-Term Operation and Maintenance Plan shall be recorded among the land records of the City of Jeffersonville, and shall constitute a covenant running with the land, and shall be binding on the OWNER, its administrators, executors,assigns, heirs, and any other successors in interest. 12. This Agreement as attached by the SWPPP and Long-Term Operation and Maintenance Plan shall be recorded among the real property title documents for said property, and shall constitute a covenant running with the land,and shall be binding on the OWNER, its administrators,executors, assigns, heirs, and any other successors in interest. Page 5 of 7 WITNESS the following signatures and seals: City of Jeffersonville, In • By. -5tretif, Drainage Board Chair TiAI� . 6 31-1 I, /"/� G)/I�r', / , a Notary Pu lic in and for the City of Jeffersonville and State of aforesaid,�se commission ex ires o th . of c- ca - of the P e�� day � 6 v �f yea V,do certify that ///)'? �Q/),1/i i whose naT(ies are signed to the foregoing Agreement bearing date of the /� day of /e-e76/--c��fc� , of the year have acknowledged the same before me in my said City of Jeffersonville and State aforesaid. GIVEN under my hand this . — day of ,-fj/'4.,e2_� , of the year boa C Notary Public CHRISTY M O'NEIL i Seal l Notary Public-State of Indiana Clark County My Commission Expires May 9,2026 1 LIC#NP0713339 Reviewed and approv d• 1 0194". By: Mike Moore, Sewer Board Presided I, �h//.- rc%/ , a Notary Public in and for the City of Jeffersonville and State of aforesai,hose commission expires on the `3 day of -6rucZ2 c of the year�0 ,do certify that friikP /770o2P whose names are signed to the foregoing Agreement bearing date of the ,3!4:-) day of ie_.-6r . cLr , of the yeas /have acknowledged the same before me in my said City of Jeffersonville and State aforesaid. GIVEN under my hand this /c_ day of _ A5--hrciary , of the year.2c4-2 CHRISTY M O'NEIL Notary Public Seal Notary Public-State of Indiana Clark County My Commission Expires May 9,2026 Page 6 of 7 LIC#NP0713339 Owner of Property �1 / ' // By x 1�...�i7 l/ l�G�,d A Sk�l/ a y /`ee"he' v �/o �nc�:Lt L Owner, as Described on Page 1 of the Document I, /?ie-J ,4JG" , a Notary Public in and for the City of Jeffersonville and State of aforesaid, whose commission expires on the /4 day of /11,cer4 of the year 2026 , do certify that t4..J 4 ,sc4,,1a- oy "4,44Lv of tiew4ri- 6c� whose names are signed to the foregoing Agreement bearing date of the /O t` day of J�-•-- , of the year 26Z? , have acknowledged the same before me in my said City of Jeffersonville and State aforesaid. GIVEN under my hand this /v�� day of '�^" , of the year 2OZ Y . �j 1Jlll✓JJ✓...C.r .11�.lJ_', :/_'ice' ./J.,C S ;'µY%, F.BRAD BENSON �1 _off Notary Pub,w,State ddia Inna Notary Public ` (SEAL!! b `l"; < Commission Number NPo771607 111 : N�r,*r MarchExpires l�J!I./.l✓f✓�JJ✓✓IIJ�./1.ll✓/J. "I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law." Drainage Board Attorney Signature E-P--1)-‘-'19 Page 7 of 7