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Page 2 of 3 • There will be six (6) openings in the seawall at common area tracts where access to the water body and maintenance shelf can be made via 6:1 or flatter slopes. • The pond depth is shallow (2' to 3') at either end of the Con -Span culvert connection between the pond and the 32 -acre recreation lake. This location is accessible for equipment and designed to provide a location to construct a temporary cofferdam in the event that the pond needs to be drawn down for any future major lake bottom or seawall maintenance. Design draw down elevation is 13.5 ft. Stormwater Tract/ lot interface: • Adjacent homes would be subject to a min. 6' rear primary building setback • Decks/ docks may extend into the setback, and over the seawall and water body into the tract as much as 5'. • Decks may be supported by pilings installed waterward of seawall. POA regulations will include: • Lot owners are permitted to encroach into stormwater tract for construction, use and maintenance of decks/ pilings, and access to the pond for recreation. • POA or its designated agent will be the sole maintenance entity for all properties/ all lots. • All lots are subject to a general access and maintenance easement for maintenance of the grounds, including drainage, irrigation, landscape, seawall and adjacent pond. • POA retains rights to maintain the seawall and lake bottom and may remove decks/ pilings as needed. (POA rights to the construct and maintain the seawall supersede lot owners' rights to the deck structure). • All rear lots adjacent to the stormwater tract are subject to a 5' construction and maintenance easement for POA. • The building foundation for all homesites shall provide design considerations that permit long term viability of the residential structure, and the design shall consider possible future seawall repair, reconstruction or replacement. Foundations will be designed to a depth and location that would not be undermined or compromised in the event of the removal, replacement or repair of the seawall. Maintenance provisions: • The seawall will provide a hardened edge of the water body and should minimize common maintenance issues that would otherwise occur at standard SMA's (erosion of lake bank and regrading/ sodding needed). • POA, as the singular maintenance entity, will annually inspect the seawall and adjacent grading and stability of earth, and make repairs as needed. • POA will, when necessary, draw down lake and access the lake and seawall via the maintenance shelf for inspections, repairs, reconstruction, or replacement of seawall, and provide any required regrading and stabilization of the lake bottom or areas landward of the seawall. We believe that a waiver from the required stormwater maintenance area should be approved with the condition that the above outlined design, operation and maintenance provisions are incorporated within the land development permit engineering design, individual home site design, and within the development's covenants and deed restrictions. 779