WM0801157_Application_20200812 (2)

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES
APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM
PLEASE TYPE OR PRINT CLEARLY
In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto,
application is hereby made for a permit to construct monitoring or recovery wells.
1. Date: 8/7/2020
2. County: New Hanover
FOR OFFICE USE ONLY
PERMIT NO. ISSUED DATE
3. What type of well are you applying for? (monitoring or recovery): Monitoring
4. Applicant: T.A. Loving Company - Johnathan Elliott Telephone: [phone]
Applicant's Mailing Address: 400 Patetown Road Goldsboro, NC 27530
Applicant's Email Address (if available): 0elliott(cDtaloving.com
5. Contact Person (if different than Applicant): Amy DeSaix Telephone: [phone]
Contact Person's Mailing Address: 6714 Netherlands Drive, Wilmington, NC 28405
Contact Person's Email Address (if available): ADeSaix(cDecslimited.com
6. Property Owner (if different than Applicant): North Carolina Department of Transportation Telephone: [phone]
Property Owner's Mailing Address: 300 Division Drive, Wilmington, NC 28401
Property Owner's Email Address (if available):
7. Property Physical Address (Including PIN Number) Castle Havne Road and Holly Shelter Road
City Castle Have County New Hanover Zip Code 27606
8. Reason for Well(s): Soil and GW assessment to support disposal of spoils generated during waterline expansion
(ex: non -discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.)
9. Type of facility or site for which the well(s) is(are) needed: Subsurface utility lines in DOT right of way
(ex: non -discharge facility, waste disposal site, landfill, UST, etc.)
10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s).
Yes, UST Incident Numbers 43145, 43144, 22827, 43001, 3417, 43027, 19127, 17535, and 20040
11. Type of contaminants being monitored or recovered: VOCs
(ex: organics, nutrients, heavy metals, etc.)
12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Multiple, most abandoned
Existing Monitoring or Recovery Well Construction Permit No(s).: Unknown
13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): Varies, on -site and adjacent UST
facilities
14. Are there any water supply wells located less than 500 feet from the proposed well(s)? Yes
If yes, give distance(s): 20 feet
15. Well Contractor: Amy DeSaix Certification No.: 3482-A
Well Contractor Address: 6714 Netherlands Drive, Wilmington, NC 28405
PROPOSED WELL CONSTRUCTION INFORMATION
As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing the following:
a. Borehole and well diameter e. Type of casing material and thickness
b. Estimated well depth f. Grout horizons
C. Screen intervals g. Well head completion details
d. Sand/gravel pack intervals
Continued on Reverse

PROPOSED WELL CONSTRUCTION INFORMATION (Continued)
2. Number of wells to be constructed in unconsolidated
material: 6
3. Number of wells to be constructed in bedrock: 0
5. How will the well(s) be secured? Temporary
Sampling Point — Abandoned same day
6. Estimated beginning construction date:8/18/2020
4. Total Number of wells to be constructed: 6 7. Estimated construction completion date: 8/18/2020
(add answers from 2 and 3)
ADDITIONAL INFORMATION
1. As required by 15A NCAC 02C .0105(f)(5), attach a scaled map of the site showing the locations of the following:
a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads,
intersections, streams, or lakes within 500 feet of the proposed well or well system.
b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system.
C. The proposed well or well system.
d. Any test borings within 500 feet of proposed well or well system.
e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel
storage areas, animal feedlots as defined in G.S. 143-215.10B(5), landfills, or other waste disposal areas) within 500 feet
of the proposed well or well system.
SIGNATURES
The Applicant hereby agrees that the proposed well(s) will be constructed in accordance with approved specifications and conditions of
this Well Construction Permit as regulated under the Well Construction Standards (Title 15A of the North Carolina Administrative Code,
Subchapter 2C) and accepts full responsibility for compliance with these rules
Signature of Applicant or *Agent
Amy DeSaix, as agent for applicant
Printed name of Applicant or *Agent
Environmental consultant for applicant
Title of Applicant or *Agent
* If signing as Agent, attach authorization agreement stating
that you have the authority to act as the Agent.
If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct
wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the
well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C).
See attached right of way agreement
Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant)
DIRECTIONS
Please send the completed application to the appropriate Division of Water Resources' Regional Office:
Asheville Regional Office Raleigh Regional Office Wilmington Regional Office
2090 U.S. Highway 70 3800 Barrett Drive 127 Cardinal Drive Extension
Swannanoa, NC 28778 Raleigh, NC 27609 Wilmington, NC 28405
Phone: [phone] Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301-5094
Phone: [phone]
Fax: [phone]
Mooresville Regional Office
610 East Center Avenue
Mooresville, NC 28115
Phone: [phone]
Fax: [phone]
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
Winston-Salem Regional Office
450 W. Hanes Mill Road
Suite 300
Winston-Salem, NC 27105
Phone: [phone]
Fax: [phone]
OR Rev. 3-1-2016

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FIGURE 1
TOPOGRAPHIC LOCATION MAP
CFPUA Utility Work
Castle Hayne Road
Castle Hayne, New Hanover County, North Carolina
ECS Project Number 49:12069

LEGEND
SOURCE:
WITHERS RAVENEL SITE PLAN
SCALE:
1" = 1000'
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APPROXIMATE SITE BOUNDARY wF
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FIGURE 2
SITE LOCATION MAP
CFPUA Utility Work
Castle Hayne Road
Castle Hayne, New Hanover County, North Carolina
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ECS Project Number 49:12069

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Hardees/Go Gas #7— —
Incident #43001
Best Bait & Tackle. —
Incident #8117
Jungs Egg Roll —
Incident #5252
SOURCE:
NCDEQ-DWM SITE LOCATION TOOL
2020
SCALE:
AS SHOWN � E
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— Incident #22894
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- Incident #43072
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Incident #20040
Rainbow Motel —
Incident #17535
(actually located at Pantry #915
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Incident #47093
UST Incidents (All Risk)
High Risk
Low Risk
Unknown Risk
FIGURE 4
INCDIENT LOCATION MAP
CFPUA Utility Work
Castle Hayne Road
Castle Hayne, New Hanover County, North Carolina
ECS Project Number 49:12069

UST Incidents (AlI Risk
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FIGURE 5
SOURCE: AERIAL PHOTOGRAPH INCIDENT LOCATON MAP
NCDEQ-DWM SITE LOCATION TOOL
2020 CFPUA Utility Work
Castle Hayne Road
SCALE: Castle Hayne, New Hanover County, North Carolina
AS SHOWN W*F
S TM ECS Project Number 49:12069

Circle K Store — Incident #43145
Future Pantry — Incident #19127
Pantry #915 — Incident #22827
Rainbow Motel — Incident #17535
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SOURCE:
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ident #22894
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FIGURE 6
HISTORICAL AERIAL PHOTOGRAPH
INCIDENT LOCATION MAP
CFPUA Utility Work
Castle Hayne Road
Castle Hayne, New Hanover County, North Carolina

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EXISTING/ABANDONED MONITORING WELL (APPROXIMATE)
FIGURE 7
SOURCE: EXISTING WELL LOCATON MAP
NCDEQ-DWM SITE LOCATION TOOL
2020 �� l CFPUA Utility Work
�J Castle Hayne Road
SCALE: J" Castle Hayne, New Hanover County, North Carolina
AS SHOWN WFOF
S TM ECS Project Number 49:12069

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® PROPOSED TEMPORARY WELL LOCATION
SOURCE:
GOOGLE EARTH, AERIAL 2019
SCALE:
AS SHOWN
LEGEND
1 °•DD
C x 6'] 1DR
FIGURE 9
PROPOSED TEMPORARY WELL LOCATION MAP
CENTRAL SECTION
CFPUA Utility Work
Castle Hayne Road
Castle Hayne, New Hanover County, North Carolina
TM
ECS Pro•ect Number 49:12069

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FIGURE 10
SOURCE: PROPOSED TEMPORARY WELL LOCATION MAP
GOOGLE EARTH, AERIAL 2019 SOUTHERN SECTION
SCALE: CFPUA Utility Work
AS SHOWN Castle Hayne Road
Castle Hayne, New Hanover County, North Carolina
TM
ECS Pro•ect Number 49:12069

GROUND
TOP OF DIRECT PUSH STEEL
RODS ABOVE THE LAND
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FIGURE 11
PROPOSED TEMPORARY SCREEN POINT SAMPLER
CFPUA Utility Work
Castle Hayne Road
Castle Hayne, New Hanover County, North Carolina
ECS Project Number 49:12069

From: Johnathan Elliott
To: Amy Catherine DeSaix, REM
Subject: RE: Permit Application
Date: Thursday, August 6, 2020 5:30:25 PM
Yes, you have my authorization to sign as an agent
Johnathan Elliott
Project Engineer
Utility Division
TA,LOVING
T. A. LOVING COMPANY
400 PATETOWN ROAD I GOLDSBORO, NORTH CAROLINA 27530
910.619.2515 (C) 1 919.734.8400 (T) 1 919.736.2148 (F)
NC GC License No. 325
From: Amy Catherine DeSaix, REM <[e-mail]>
Sent: Thursday, August 6, 2020 5:13 PM
To: Johnathan Elliott <[e-mail]>
Subject: Permit Application
Jonathan,
Do I have your authorization to sign the monitoring well permit application as an agent for the
applicant?
AMY CATHERINE DESAIX, REM I Environmental Assistant Department Manager
T 910.686.9114 1 D 910.319.1000 1 C 910.520.2141
6714 Netherlands Drive I Wilmington I NC 1 28405
ECS SOUTHEAST, LLP
www.ecslimited.com
COVID-19 UPDATE - ECS IS BOTH OPEN AND WORKING!
Through boots on the ground and virtual platforms, ECS is working to help maintain the health,
safety and welfare of our communities and critical infrastructure throughout the COVID-19 crisis.
Linkedln I Facebook I Twitter
Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient.
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
November 5, 2019
Cape Fear Public Works Authority
Mr. Carel Vandermeyden
Director of Engineering
235 Government Center Drive
Wilmington, NC 28403
TAMES H. TROGDON, III
SECRETARY
SUBJECT: Encroachment Agreement (E033-065-19-00179) (CFPUA Castle Hayne Water
Connection) along and under Castle Hayne Road (NC HWY 133/US HWY 117), Castle
Avenue (SR 1338) and Holly Shelter Road (SR 1002) in New Hanover County.
Dear Mr. Vandermeyden,
Attached for your files is a copy of Right of Way Encroachment agreement properly executed. This
agreement covers the following:
Install Approx. 60LF 6" PVC DR18, 65LF of 8" PVC DR18, 2,510LF of 12" PVC DR18 70LF 6"
DIP PC350, 1,608LF 8" DIP PC350 and 1,692LF 12" DIP PC350 which will exclude jack and
bores with steel casings under CSX RR/SR 1341, SR 1002 and US 117 and associated
appurtenances and water service lines throughout the alignment. (see attached supporting
documents)
• The CFPUA has provided a letter stating that they will not release their contractor's bond
until the NCDOT agrees that the work performed under this permit meets or exceeds
NCDOT standards. The Encroaching Party shall notify NCDOT at 910-398-9100 upon
completion of the work for a final inspection.
• A NCDOT approved/certified third -party inspector will be required when any work is being
done within any NCDOT R/W. Approved inspector will need to be submitted 30 days prior
to begin of project for credentials check.
• Time Restriction — Peak Hours Restricted: No lane closures shall be allowed from 6:00am to
9:00am and from 4:00pm to 7:00pm and NO weekend lane closures. (hours subject to
change due TO TRAFFIC CONDITIONS — NIGHTTIME OPERATIONS WILL BE REQUIRED
WHEN WARRANTED).
• No residential/commercial taps will be permitted from the proposed water line unless
shown in plans.
State of North Carolina I Department of Transportation I Division 3, District 3
300 Division Drive, Wilmington, NC 28401
Customer Service: [phone] [phone] www.ncdot.gov

Prior to construction the Contractor shall provide a Pre -Construction as built survey,
done by a Licensed NC Surveyor, of the NCDOT roadways and structures within the
NCDOT right of ways as required by NCDOT. The Contractor shall return all impacted
NCDOT roadways and structures to their pre -disturbed elevations. Contractor to provide
Post -Construction as built survey to NCDOT.
The only bore -and -jack crossing that will encroach upon the 1:1 slope of a DOT road is
the crossing at Castle Hayne Road (NC-133) and Holly Shelter Road (SR-1002). This
crossing was highlighted with a revision cloud and the following note was added to the
plan view: "bore and jack crossing requires active shoring - contractor shall submit a
sealed active shoring plan to NCDOT and shall not begin on this crossing until approval
is received from NCDOT."
• Contractor shall submit a sealed traffic control plan to NCDOT and shall not begin
construction until approval is received from NCDOT.
• Construction along Holly Shelter Road during school days will be limited from 9:00 AM
to 2:00 PM.
• Any damaged, altered or newly constructed NCDOT drainage structures shall be
constructed/restored using 2018 Standard Specifications for Roads and Structures to
maintain positive flow of storm water.
• Any removed NCDOT Structure, pavement, curbing, etc. shall be reconstructed to
NCDOT Standards using 2018 Standard Specification for Roads and Structures.
• Any open cut NCDOT roadways shall be milled and filled at a distance to be determined
by NCDOT personnel.
This approval is subject to this work being done in accordance with the attached plan sheets and
standard conditions.
Sincerely,
E1GceuSigned by:
6v- PAU,
055306F52744476...
Jon Roan, Assistant District Engineer
for Chad Kimes, PE, Division Engineer
DCK/jr/rec
Attachments
ec: Jessi Leonard, PE, NCDOT Division Traffic Engineer
Kathy L. Stephens; NCDOT New Hanover County Maintenance Engineer
State of North Carolina I Department of Transportation I Division 3, District 3
300 Division Drive, Wilmington, NC 28401
Customer Service: [phone] [phone] www.ncdot.gov

ROUTE US 117 and SR
1002/134111338
STATE OF NORTH CAROLINA
PROJECT Castle Hayne Water COUNTY OF New Hanover
Expansion
DEPARTMENT OF TRANSPORTATION
-AND-
RIGHT OF WAY ENCROACHMENT AGREEMENT
PRIMARY AND SECONDARY HIGHWAYS
Cape Fear Public Utility Authority
Carel Vandermeyden, PE [phone]
235 Government Center Drive, Wilmington, NC 28403
THIS AGREEMENT, made and entered into this 5th day of November 20 19 by and between the Department
the
of Transportation, party of the first part; and Cape Fear Public Utility Authority
party of the second part,
WITNESSETH
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
Route(s)
US 117 and SR 1002/134111338
located see attached exhibits
with the construction and/or erection of: Approx, 60LF 6" PVC DR18, 65LF of 8" PVC DR18, 2,51OLF of 12" PVC DR18
70LF 6" DIP PC350, 1,608LF 8" DIP PC350 and 1,692LF 12" DIP PC350 which will include jack and bores with steel casings
under CSX RR/SR1341, SR1002 and US 117 and associated appurtenances and water service lines throughout the alignment.
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of
the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the
right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right
and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are
made a part hereof upon the following conditions, to wit: '
That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of
the first part's latest POLICIFS AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS -OF -WAY, and such
revisions and amendments thereto as maybe in effect at the date of this agreement. Information as to these policies and procedures
maybe obtained from the Division Engineer or State Utility Agent of the party of the first part.
That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and
proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance
thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures
necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part
shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his
successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the
party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights,
Flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices
for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained
from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims
for damage that may arise by reason of the installation and maintenance of this encroachment.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the
Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during
construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water
impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations
of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances
and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any
installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to
remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the
first part.
That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the
Division Engineer of the party of the first part.
That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this
agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless
evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part
agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.
Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will
not be required.
That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves
the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the
first part.
That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not
begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the
second part from the party of the first part.
During the performance of this contract, the second party, for itself, its assignees and successors in interest (hereinafter referred to as
the "contractor"), agrees as follows:
a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -
assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
FORM R/W 16.1 (Rev. July 1, 1977)

b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the
grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B
of the Regulations.
c. Solicitations for Subcontracts. including Procurements of Materials and Equipment: In all solicitations either by competitive
bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or national origin.
d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent
to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has
made to obtain the information.
e. Sanctions for -Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration
may determine to be appropriate, including, but not limited to,
(1) withholding of payments to the contractor under the contract until the contractor complies, and/or
(2) cancellation, termination or suspension of the contract, in whole or in part.
f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through T in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department
of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of
Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
R/W (161) : Party of the Second Part certifies that this agreement is true and accurate copy of the form -
RAN (161) incorporating all revisions to date.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
year first above written.
CAPE FEAR PUBLIC UTILITY AUTHORITY
BY:
Carel Vandermeiyden
Director of Engineering
OR WITNESS:
/t
DEPARTMENT OF TRANSPORTATION
BY: 1�o—Signed by:
55335F5Z.7c4476.
�*�for Chad Kimes, PE
DIVISION ENGINEER
Second Party

4: WithersRavenel
Our People. Your Sum
4/15/2019
Randy Chavis
NCDOT - District 3
300 Division Drive
Wilmington, NC 28401
RE: CFPUA Castle Hayne Water Expansion - Encroachment Application
Mr. Chavis:
The Cape Fear Public Utility Authority (CFPUA) would like to move forward in the encroachment
application process for the Castle Hayne Water Expansion project. In order to make the
encroachment process as smooth as possible, I met with you, Nick Drees and Jon Roan back on
10/9/18 to discuss the project and ensure our proposed alignment would meet NCDOT
requirements. Additionally, I followed up with you and Max Radford for additional guidance
during the design phase of the project. A few key areas that I would like to highlight are as
follows:
+ Sheet 3
o We plan on removing and replacing the existing 6" line along Holly Shelter Road
as discussed during our meeting.
o We plan on open -cutting the residential streets and making sure that the
contractor provides access to residents at all times as discussed during our
meeting.
• Sheets 4 & 5
o Sheet notes 1 and 2 state that the contractor will need to coordinate with
business owners to ensure they do not impact properties along Castle Hayne
Road in this area, and construction will need to occur at night.
o We plan on open -cutting Castle Avenue and making sure that the contractor
provides access to residents at all times as discussed during our meeting.
Sheet 6
o Sheet notes 1 and 2 state that the contractor will need to coordinate with
business owners to ensure they do not impact properties and ensure one full lane
along Hickory Street is open at all times.
o Through discussions with Max Radford on the past W-5306 project which
improved US 117 in this area, we were informed that there are no future
improvement plans or land acquisition planned in this area. Because of this, we
have selected an alignment that will minimize impact to the area while also
minimizing an unnecessary need for additional fittings and connections.
Sheets 7, 8 and 9
o Sheet notes state that the contractor will need to coordinate with business
owners to ensure they do not impact properties along Castle Hayne Road in this
area.
219 Station Road, Suite 1011 Wilmington, NC 28405
t: 910.256.9277 1 f: 910.256.2584 1 www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington

N:WithersRavenet
Our People, Your Success.
o We plan on open -cutting Vine Street and Prince George Avenue and making sure
that the contractor provides access to residents at all times as discussed during
our meeting.
If you have any questions or would like to further discuss, please let me know.
Sincerely,
WithersRavenel
(; Vz- - V, " V �
Rick Rudin, PE
Utilities Project Manager
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office:910.256.9277 1 Direct:919.535.5181
Mobile: [phone]
[e-mail]
219 Station Road, Suite 1011 Wilmington, NC 28405
t: 910.256.9277 1 f: 910.256.2584 1 www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington

;:WithersRavenel
Our People. Your Success.
MEMORANDUM
To: NCDOT District 3, Division 3
From: Kyle Pohle, El; Rick Rudin, PE
Date: October 9, 2019
Project: Castle Hayne Water Expansion (E033-065-19-00179)
Subject: Resubmittal Response
Randy,
Please see the attached updated plans incorporating your comments received via phone call on October 9,
2019. Below are the specifics of how each of your comments was addressed:
1. Note 1 was added to Sheets 3 through 9 of the Drawings indicating that, "CONTRACTOR SHALL
SUBMIT A SEALED TRAFFIC CONTROL PLAN TO NCDOT AND SHALL NOT BEGIN
CONSTRUCTION UNTIL APPROVAL IS RECEIVED FROM NCDOT."
2. Note 2 was added to Sheet 3 indicating that, "CONSTRUCTION ALONG HOLLY SHELTER ROAD
DURING SCHOOL DAYS WILL BE LIMITED FROM 9:00 AM TO 2:00 PM."
3. The only bore -and -jack crossing that will encroach upon the 1:1 slope of a DOT road is the crossing
at Castle Hayne Road (NC-133) and Holly Shelter Road (SR-1002). This crossing was highlighted
with a revision cloud and the following note was added to the plan view: "BORE AND JACK
CROSSING REQUIRES ACTIVE SHORING - CONTRACTOR SHALL SUBMIT A SEALED ACTIVE
SHORING PLAN TO NCDOT AND SHALL NOT BEGIN CONSTRUCTION ON THIS CROSSING
UNTIL APPROVAL IS RECEIVED FROM NCDOT."
If you have any questions regarding these updates, please reach out to me ([e-mail])
or Rick Rudin.
Sincerely,
Kyle Pohle
219 Station Road, Suite 1011 Wilmington, NC 28405
t: 910.256.9277 www.withersravenel.com I License No. C-0832
Asheville I Cary Greensboro I Pittsboro I Raleigh I Wilmington

zn
N=Capaear
Pablic U11111Y AUthoritx
Stewardship. Sustainability. Service.
April 22, 2019
Mr. Randy Chavis
NCDOT District 3
300 Division Drive
Wilmington, NC 28401
Re: NCDOT Encroachment Agreement— E033-065-19-00179
Castle Hayne Water Expansion
Dear Mr. Chavis:
The Cape Fear Public Utility Authority is in the process of permitting the Castle Hayne Water
Expansion. The Authority agrees to not release the contractor's bond until NCDOT has signed
off on and approved the completed work. We understand that in doing so a separate bond will
not be required from the contractor.
Thank you for your assistance with this matter. Please call if you have any questions.
Sincerely,
Carel Vandermeyden, P.E.
Director of Engineering
Cape Fear Public Utility Authority
Cc: Kurt Evers, CFPUA
Rick Rudin, WithersRavenel
235 Government Center Drive, Wilmington, NC 28403
t: 910-332-6560 f: 910-332-6353 www.cfpua.orje

PS - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT NO. CSX875144
FACILITY ENCROACHMENT AGREEMENT
THIS AGREEMENT, made and effective as of October 15, 2018, by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Licensor," and CAPE FEAR PUBLIC UTILITY
AUTHORITY, a municipal corporation, political subdivision or state agency, under the laws of
the State of North Carolina, whose mailing address is 235 Government Center Drive,
Wilmington, North Carolina 28403, hereinafter called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to construct (unless previously constructed and designated
as existing herein), use and maintain the below described facility(ies), hereinafter called
"Facilities," over, under or across property owned or controlled by Licensor, at the below
described location(s):
1. One (1) twelve inch (12") diameter sub -grade pipeline crossing, solely for the conveyance
of potable water, located at or near Wilmington, New Hanover County, North Carolina, Milepost
SE-371.73, Latitude N34:21:16.00, Longitude W77:53:50.00;
hereinafter, called the "Encroachment," as shown on print(s) labeled Exhibit "A," attached hereto
and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
L " LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and
authority to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its
property within the area of the Encroachment for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein
contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter
or change the Facilities at the Encroachment above for the term herein stated, and to remove
same upon termination.
1.2 The term Facilities, as used herein, shall include only those structures and
ancillary facilities devoted exclusively to the transmission usage above within, the Encroachment,
and as shown on attached Exhibit A.
Page 1 of 14 o

PS - FORM 1001-0
REVISED APRIL 3, 2008
AGREEMENT NO. CSX875144
1.3 No additional structures or other facilities shall be placed, allowed, or
maintained by Licensee in, upon or on the Encroachment except upon prior separate written
consent of Licensor.
2. ENCROACHMENT FEE; TERM:
2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of
TEN THOUSAND TWO HUNDRED AND 00/100 U.S. DOLLARS ($14,200.00) upon
execution of this Agreement. Licensee agrees that the Encroachment Fee applies only to the
original Licensee under this Agreement. In the event of a successor (by merger, consolidation,
reorganization and/or assignment) or if the original Licensee changes its name, then Licensee
shall be subject to payment of Licenser's current administrative and document preparation fees
for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensoe's property solely on account of said Facilities or Encroachment.
2.4 lh further consideration for the license or right hereby granted, Licensee
hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part
of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or
for any public works project of which said Facilities is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (CSXT Specifications), or Licensee's
particular industry, National Electrical Safety Code, or any governmental or regulatory body
having jurisdiction over the Encroachment.
3.2 Location and construction of Facilities shall be made strictly in accordance
with design(s) and specifications furnished to and approved by Licensor and of material(s) and
size(s) appropriate for the purpose(s) above recited.
3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at
time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference
with the safe use and operation of Licensor's property and appurtenances thereto.
3.4 In the installation, maintenance, repair and/or removal of said Facilities,
Licensee shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. As a condition to such consent, a representative
will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
entire cost and/or expense of furnishing said monitor.
Page 2 of 14 o

PS - FORM 1001-0
REVISED APRiL 3, 2008
AGREEMENT NO. CSX875144
3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of
Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use
of its property, shall be, made by Licensee promptly, but in no event later than thirty (30) days
after Licensee has notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations,
equipment and/or employees from damage or injury, may request immediate repair or renewal of
the Facilities, and if the same is not performed, may make or contract to make such repairs or
renewals, at the sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
3.8 All work on the Encroachment shall be conducted in accordance with
Licensor's safety rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense
(including losses resulting from train delays and/or inability to meet train schedules) arising from
any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above
or from improper or incomplete repairs or maintenance to the Facilities or Encroachment.
3.10 In the event it becomes necessary for the Licensee to deviate from the
approved Exhibit, Licensee shall seek prior approval from CSXT, or when applicable, an official
field representative of CSXT permitted to approve changes, authorizing the necessary field
changes and Licensee shall provide CSXT with complete As -Built Drawings of the completed
work. As -Built Drawings shall be submitted to Licensor in either electronic or hard copy form
upon the substantial completion of the project and upon Licensor's request.
3.11 In the event of large scale maintenance/construction work to railroad bridges
Licensee is required to protect power lines with insulated covers or comparable safety devices at
their costs during construction/maintenance for safety of railroad employees.
4. PERNIITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Encroachment
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health, safety or
environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and
warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s)
and authorization(s), and shall comply with all applicable ordinances, rules, regulations,
requirements and laws of any governmental authority (State, Federal or Local) having
jurisdiction over Licensee's activities, including the location, contact, excavation and protection
Page 3 of 14 o

PS - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT NO. CSX875144
regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et at., and
State "One Call" - "Call Before You Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
5. M&RIUNG AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
Licensor may approve.
5.2 After construction or maintenance of the Facilities, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of any
underground Facilities or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Encroachment area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in
grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event
future use of Licensor's rail corridor or property necessitate any change of location, height or
depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty
(30) days after notice in writing from Licensor, shall make changes in the Facilities or
Encroachment to accommodate such track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such
changes at Licensee's cost.
Page 4 of 14 e

PS - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT NO. CSX875144
7. FACILITY CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of the
Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the
Facilities or change the Encroachment, at Licensee's expense, should such relocation or change
be necessary to comply with the minimum clearance requirements of Licensor.
7.2 If Licensee undertakes to revise, renew, relocate or change in any manner
whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or
any change in circumference, diameter or radius of pipe or change in materials transmitted in and
through said pipe), or is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before such change. After approval, the terms and
conditions of this Agreement shall apply thereto.
S. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Facilities/Encroachment herein permitted may not presently
interfere with Licensor's railroad or facilities, in the event that the operation, existence or
maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
(including, but not limited to, physical or interference from an electromagnetic induction, or
interference from stray or other currents) with Licensor's power lines, communication, signal or
other wires, train control system, or electrical or electronic apparatus; or (b) interference in any
manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole
lines), devices, other property, or any appurtenances thereto; then and in either event, Licensee,
upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
cost and expense, shall promptly make such changes in its Facilities or installation, as may be
required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
cost.
8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby
reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or
adjustments to the Facilities, which. Licensee hereby agrees to make promptly, at Licensee's sole
cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 To the fullest extent permitted by State law (constitutional or statutory, as
amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and
against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may
suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person
whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to
or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way
connected with the construction, repair, maintenance, replacement, presence, existence,
Page 5 of 14 o

PS - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT NO. CSX875144
operations, use or removal of the Facilities or any structure in connection therewith, or
restoration of premises of Licensor to good order or condition after removal, EXCEPT when
proven to have been caused solely by the willful misconduct or gross negligence of Licensor.
HOWEVER, to the fullest extent permitted by State law, during any period of actual
construction, repair, maintenance, replacement or removal of the Facilities, wherein agents,
equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability
hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of
Licensor.
9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a
result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of
loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment,
including loss of or any interference with use or service thereof, regardless of cause, including
electrical field creation, fire or derailment resulting from rail operations. For this Section, the
term "Licensee's Property" shall include property of third parties situated or placed upon
Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of
Licensee.
9.3 To the fullest extent permitted by State law, as above, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all
claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden
or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area,
arising from or in connection with the use of this Encroachment or resulting from leaking,
bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any
claim or liability arising under federal or state law dealing with either such sudden or nonsudden
pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c)
any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities
leakage.
9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss
which in any way may result from Licensee's failure to maintain either required clearances for
any overhead Facilities or the required depth and encasement for any underground Facilities,
whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or
joint fault.
9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail
corridor on which the Encroachment is located, and the officers, employees and agents of each.
9.6 1f a claim is made or action is brought against Licensor, and/or its operating
lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be
notified to assume the handling or defense of such claim or action; but Licensor may participate
in such handling or defense.
Page 6 of 14 o

PS - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT NO. CSX875144
9.7 Notwithstanding anything contained in this Agreement, the limitation of
liability contained in the state statutes, as amended ,from time to time, shall not limit Licensor's
ability to collect under the insurance policies required to be maintained under this Agreement.
1.0. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of premises
pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of
this Agreement, at its sole cost and expense, a policy of
(i) Statutory Worker's Compensation and Employers Liability Insurance with
available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00),
which must contain a waiver of subrogation against CSXT and its Affiliates;
(ii) Commercial General Liability coverage (inclusive of contractual liability) with
available limits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00),
naming Licensor, and/or its designee, as additional insured and in combined single limits for
bodily injury and property damage and covering the contractual liabilities assumed under this
Agreement. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days'
notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL
certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water
Street, Jacksonville, FL 32202. On each successive year, send certificate to
[e-mail].
(iii) Business automobile liability insurance with available limits of not less than ONE
MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) combined single limit for bodily
injury and/or property damage per occurrence;
(iv) Such other insurance as Licensor may reasonably require.
10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover
Licensee's contractual liability during periods of survey, installation, maintenance and continued
occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said
CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee
shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole
risk.
10.3 Licensor, or its designee, may at any time request evidence of insurance
purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with
Licensor's request shall be considered a default by Licensee.
10.4 Securing such insurance shall not limit Licensee's liability under this
Agreement, but shall be security therefor.
10.5 (A) In the event Licensee finds it necessary to perform construction or
demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any
Page 7 of 14 n

Ps - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT NO. CSX875144
railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify
Licensor; and (b) require its contractor(s) performing such operations to procure and maintain
during the period of construction or demolition operations, at no cost to Licensor, Railroad
Protective Liabili L Insurance naming Licensor, and/or its designee, as Named Insured,
written on the current ISOIRIlMA Form (ISO Form No. CG 00 35 01 96) with limits of FAT
MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and
property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31
11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
and approved by Licensor prior to commencement of such construction or demolition. Licensor
reserves the right to demand higher linuts.
(B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance
company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time
of request, the cost of adding this Encroachment, or additional construction and/or demolition
activities, to Licenser's Railroad Protective Liability (RPL) Policy_ for the period of actual
construction. This coverage is offered at Licenser's discretion and may not be available under all
circumstances.
10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant
to State Statute(s), may self -insure or self -assume, in any amount(s), any contracted liability
arising under this Agreement, under a funded program of self-insurance, which fund will respond
to liability of Licensee imposed by and in accordance with the procedures established by law.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written, approval of Licensor.
11.2 If Licensor deems it advisable, during any construction, maintenance, repair,
renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors
or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the
Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor
shall have the right to do s❑ at the expense of Licensee, but Licensor shall not be liable for failure
to do so.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or wire
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any
work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within
Page 8 of 14 o

PS - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT NO, CSX875144
thirty (30) days after receipt ofLicensor's bill therefor. Licensor may, at its discretion, request
an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all material used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate, Licensor may, at its
discretion, require advance deposits for estimated costs of such expenses and costs.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement
shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and
completely perform any of said covenants or remedy any breach within thirty (30) days after
receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of
notice of a railroad emergency), Licensor shall have the option of immediately revoking this
Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s)
having been paid in advance for any annual or other period. Upon such revocation, Licensee
shall make removal in accordance with Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition
herein contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing
by Licensor.
13.3 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of
(a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the
Facility from the Encroachment. However, neither termination nor revocation of this Agreement
shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied; neither parry, however, waiving any
third party defenses or actions.
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole
risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the
parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to
Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such
removal.
Page 9 of 14 o

PS - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT No. CSX875144
15. NOTICE:
15.1 Licensee shall give Licensor at least thirty (30) days written notice before
doing any work on Licenser's rail corridor, except that in cases of emergency shorter notice may
be given. Licensee shall provide proper notification as follows:
a. For non -emergencies, Licensee shall submit online via the CSX Property
Portal from Licensor's web site, via web link:
https://propertyportal.csx.com/pub_ps ies/Ps_res/jsf/public/index.faces
b. For emergencies, Licensee shall complete all of the steps outlined in
Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee
shall also call and report details of the emergency to Licensor's Rail Operations Emergency
Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee
concerning an emergency involving Licensee's Facility(ies), the emergency phone number for
Licensee is: 910-332-6634.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, C/o
CSXT Contract Management, d180; or at such other address as either party may designate in
writing to the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing
and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNYIENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee
shall obtain Licenser's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence or status of
Licensee, with a copy of all documents attesting to such change or legal succession, within. thirty
(30) days thereof,
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in
part, to any grantee, lessee, or vendee of Licenser's underlying property interests in the
Encroachment, upon written notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
Page 10 of 14 o

.
PS - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT NO. CSX875144
option, may revoke this Agreement by giving Licensee or any such assignee written notice of
such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor
may incur as a result of Licensee's failure to obtain said consent.
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands,
rights -of -way and rail corridors under all forms and qualities of ownership rights or facts, from
full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as
or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title
for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any
manner by Licensee under any rights created in this Agreement. It is expressly understood that
Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Rail Corridor, and all leases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of
the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law
of the State where the Encroachment is located otherwise permits Licensor to make such grants
to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such
portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to
possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee
further acknowledges that it does not have the right to occupy any portion of the Rail Corridor
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Rail Corridor that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title
to any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based
upon the Facilities placement, or the presence of the Facilities in, on or along any
Encroachments), including claims for punitive or special damages.
17.5 Licensee shall not at any time own or claim any right, title or interest in or to
Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for
Page 11 of 14 o

PS - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT NO. CSX875144
any length of time give rise to any right, title or interest in Licensee to said property other than
the license herein created.
17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby
expressly waives, any claim of ownership in and to any part of the Facilities.
17.7 Licensee shall not create or permit any mortgage, pledge, security, interest,
lien or encumbrances, including without limitation, tax liens and liens or encumbrances with
respect to work performed or equipment furnished in connection with the construction,
installation, repair, maintenance or operation of the Facilities in or on any portion of the
Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the
Encroachment or any portion thereof or any other Licensor property.
17.8 In the event that any property of Licensor becomes subject to such Liens or
Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's
receipt of notice that such Liens or Encumbrances have been tiled or docketed against the
Encroachment or any other property of Licensor; however, Licensee reserves the right to
challenge, at its sole expense, the validity and/or enforceability of any such Liens or
Encumbrances.
l8. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither
the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of
or against either party hereto as the sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each
separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall
have independent and severable status for the determination of legality, so that if any separate
division is determined to be void or unenforceable for any reason, such determination shall have
no effect upon the validity or enforceability of each other separate division, or any combination
thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in
which the Facilities and Encroachment are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the
due date, it will be subject to Licenser's standard late charge and will also accrue interest at
Page 12of14 o

PS - FORM 1001-G
REVISED APRIL 3, 2008
AGREEMENT NO. CSX875144
eighteen percent (18%) per annurn, unless limited by local law, and then at the highest rate so
permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing firni or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Within thirty (30) days of an overpayment in a cumulative total amount of
One Hundred Dollars ($100.00) or more by Licensee to Licensor, Licensee shall notify Licensor
in writing with documentation evidencing such overpayment. Licensor shall refund the actual
amount of Licensee's overpayment within 120 days of Licensor's verification of such
overpayment.
[Signatures on the following page]
Page 13 of 14 o

PS - FORM 1001-G
REVISED APREL 3, 2008
AGREEMENT NO. CSX875144
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
Witness for Licensor:
Witness for Licensee:
CSX TRANSPORTATION, INC.
By: ...
Print/Type Name: LAAAju-
: o�
Print/Type Title: 1} .
CAPE FEAR PUBLIC UTILITY AUTHORITY
By:
Who, by the execution hereof, affirms that he/she has
the authority to do so and to bind the Licensee to the
terms and conditions of this Agreement.
Print/Type Name:—� NM . S T - P LC GN7 At�
Print/Type Title: &�ECU-ro G-ivFC-roz
Tax ID No.:
THIS It45TQ, jmgNT HAs FMEN Pas-AlfoiTko IN THE Authority under Ordinance or
MAN Wt' !I L £iY�HELQCALI3QVEF7NMEHT
BLIDG I 14 'CALGONTPOLACT.
Resolution No. �Q ,
BY:
U NGRITMCE OFFICER
ACCT__.._
Dated l�r• -,1❑�- L[� t- a l 1
Page 14 of 14 o

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