HomeMy WebLinkAbout19940577 Ver 1_COMPLETE FILE_19940624State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. James Orr
ERM - Southeast, Inc.
215 Centerview Drive
Suite 110
Brentwood, TN 37027
Dear Mr. Orr:
1:3 F== F1
July 5, 1994
Davidson County
DEM Project # 94577
FILILC0%rnr
You have our approval to place fill material in 0.72 acres of wetlands or waters for
the purpose of mercury removal from contaminated sediment in Leonards Creek north of
the Duracell facility, as you described in your application dated 24 June, 1994. After
reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 2671. This certification allows you to use Nationwide Permit
Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us and you may be required to
send us a new application. For this approval to be valid, you must follow the conditions
listed in the attached certification. In addition, you should get any other federal, state or
local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 30 days of the date that you receive this letter.
To ask for a hearing, send a written petition which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under
Section 401 of the Clean Water Act. If you have any questions, please telephone John
Dorney at 919-733-1786.
Sincerely,
reston owar , Jr. P.E.
rector
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files
94577.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 501k recycled/ 10% post-consumer paper
June 24, 1994
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
North Carolina Department of
Environmental Health and Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney:
zsji
@`r
?_. JUL - 1994 e
W' TU,
We recently wrote you on behalf of our client, Duracell USA, requesting
Section 401 certification in connection with the excavation of sediments
containing residual mercury concentrations from two small tributaries of
Leonard's Creek in Davidson County, North Carolina. We had originally
contacted the Corps of Engineers to proceed with the work pursuant to
Nationwide Permit #38. However, we have calculated that we will be
affecting less than one-half an acre and the waters of the United States are
above the headwaters, without pre-notification to the Corps and to avoid the
30-day waiting period. Therefore we find it will be more efficient to proceed
under Nationwide Permit' #26. Therefore, we have withdrawn our notification
to utilize Nationwide Permit #38 and have advised the Corps that we plan to
proceed under Nationwide Permit #26 authorization once we receive the North
Carolina Section 401 certification. We would like to begin this work as soon
as possible and would appreciate your expeditious review of the certification
request. Please do not hesitate to contact me or Mr. John Hines of ERM-
Southeast, Inc. at (615)373-3350, if you need additional information.
Regards,
James R. Orr
Senior Biologist
JRO/gsq
ERM-Southeast, Inc.
215 Centerview Drive
Suite 110
Brentwood, TN 37027
(615) 373-3350
(615) 373-2392 (Fax)
0
ERM
Offices of
ERM-Southeast Inc. in:
Brentwood, TN (Nashville)
Kennesaw, GA (Atlanta)
Charlotte, NC
Mobile, AL
Memphis, TN
A member of the Environmental
Resources Management Group
34 F R I 16 : 20 P.02
ERM-Southeast, Inc.
215 Centerview Drive
Suite 110
Brentwood, TN 37027
June 24, 1994 (615) 373-3350
(6I5)373-2392(Fax)
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
North Carolina Department of
Environmental Health and Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
ERM
Dear Mr. Dorney:
We recently wrote you on behalf of our client, Duracell USA, requesting
Section 401 certification in connection with the excavation of sediments
containing residual mercury concentrations from two small tributaries of
Leonard's Creek in Davidson County, North Carolina. We had originally
contacted the Corps of Engineers to proceed with the work pursuant to
Nationwide Perinit #38. However, we have calculated that we will be
affecting less than one-half an acre and the waters of the United States are
above the headwaters, without pre-notification to the Corps and to avoid the
30-day waiting period. Therefore we find it will be more efficient to proceed
under Nationwide Permit #26. Therefore, we have withdrawn our notification
to utilize Nationwide Permit #38 and have advised the Corps that we plan to
proceed under Nationwide Permit #26 authorization once we receive the North
Carolina Section 401 certification. We would like to begin this work as soon
as possible and would appreciate your expeditious review of the certification
request. Please do not hesitate to contact me or Mr. John Hines of ERIM-
Southeast, Inc. at (615)373-3350, if you need additional information.
Regards,
James R. Orr
Senior Biologist
JRO/gsq
Offices of
ERM-Southeast Inc, in.
Brentwood, TN (Nasliville)
Kennesaw, CA (.Atlanta)
Charlotte, NC
Mobile, AL
Memphis, TN
A member of the Environmental
ro5ources Management Group
If IN-04-94 FR I 16: 19
Facsimile
To
Company
Fax Number
From
Job Number
Date
P. 01
ERM-Southeast, Inc.
Cover Page 215 Centerview Drive
Suite 110
Brentwood, TN 37027
(615) 373-3350
(615) 373-2392 (Fax)
Number of Pages
L?
L L
7 ERM
including this cover page
Zk-'-e-
PRNILE,GE AND CONMEN!'IALITY NOTICE
This message is intended only for the use of the individual(s) to whom it is addressed and may
contain information that is privileged and/or confidential. If the reader of this message is not the
intended recipient or the employers or agent rebpoasible for delivering the message to the intended
recipient, you are hereby notified that any dissemination, distribution, or copying of this offices of
communication is strictly prohibited. If you have received this couununication in error, pleases ERM-Southeast Inc. in.
notify us immediately at (615)373-3350 and return the original message to us at the address above
via the U.S. Postal Service. Thank you. Brentwood, TN (Nashville)
Kennesaw, GA (Atlanta)
Charlotte, NC
If you have difficulty with this transmission, please call (615) 373-3350. Mobile, AL
Memphis, TN
e:lfaxcover
A member of the Environmental
Resources Management Group
???9?
?? ? S s.?,v?4,t-
?? ??
??
? w z(?.
??>
Gy a
51 ERM-Southeast, Inc.
215 Centerview Drive
JUN 2 3 1994 Suite 110
June 13, 1994 La Brentwood, TN 37027
j; (615) 373-3350
WETLANDS GROUP (615) 373-2392 (Fax)
WATER QUALITY SE00N
Mr. M. Dorney
Water Quality Planning 401 ISSUED
Division of Environmental Management
North Carolina Dept. of Env. Health
and Natural Resources ®'3f ??!
PO Box 29535
Raleigh, NC 27626-0535
Attention: John Dorney ERM
Dear Mr. Dorney:
Please find attached the Joint Form for Nationwide permit notification and
application for Section 401 certification. This notification is a request to
utilize the Nationwide Permit #38 for removal of sediments containing residual
mercury concentrations from two small tributaries of Leonards Creek in
Davidson County, North Carolina. The removal action is a voluntary effort
by Duracell USA as part of a comprehensive remedial action program resulting
from invesigative activities performed in conjunction with the North Carolina
Dept. of Environmental Health and Natural Resources. The sediment will be
properly disposed of at an approved landfill. The sediment will be excavated
from deposition areas in the tributaries by a small suction dredge for small
areas or backhoe for larger areas. Due to the small size of these streams very
little impact to the overall ecology of the area is expected. In addition, as long
reaches of the streams will not be disturbed, flora and fauna of the stream is
expected to recover rapidly from native species which drift downstream from
undisturbed source areas. The majority of the substrate in the tributaries is
rock which will not be disturbed. A wetlands delineation (attached) was
performed June 2, 1994 by an experienced biologist with over 12 years
wetlands experience. The total area of waters of the United States (wetlands
and perennial creek channel) was calculated at 0.724 acre in both tributaries.
All of this area will not be excavated, therefore, the total area affected should
be less than 1/2 acre.
We trust the information in the attached Joint Form and delineation report are
complete and sufficient for your review of this project. Please do not hesitate
to contact me or Mr. John Hines of ERM-Southeast, Inc. (615) 373-3350 if
you need additional information. Please notify me as soon as possible with Offices of
ERM-Southeast Inc. in:
Brentwood, TN (Nashville)
Kennesaw, GA (Atlanta)
Charlotte, NC
Mobile, AL
Memphis, TN
A member of the Environmental
Resources Management Group
your approval of this project, in order for ERM-Southeast, Inc. and
Enviroclean, Inc. to proceed with the planned remediation. Your assistance in
this matter is greatly appreciated.
Regards,
James .Orr
Senior Biologist
Enclosure
JRO/gsq ERM
DEM ID: q y S ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): Nationwide Permit #38
JOINT FORM FOR 401 1Sb0LI?
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIRONA
AND NATURAL RESOURCES
P.O. Bor, 29535
Raleigh, NC 27626-0535
ATTN: MR. ;OHN DORNEY
Telephone (919) 733-5083
MEN
,L 2
31
se Y
L
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Easement on Bessie S. Swing property by Duracell USA Inc.
2. Owners Address: 305 E. U.S. Highway 64, Lexington, N.C. 27292
3. Owners Phone Number (Home): Not Applicable (Work)704-249-9101
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Rafa*-ancP attarhPd Pasement and release aizreement
5. Location of work (MUST ATTACH MAP). County:
Davidson
Nearest Town or City: Lexington
Specific Location (Include road numbers, landmarks, etc.): North of the Duracell facility
6. Name of Closest Stream/River: Leonards Creek
7. River Basin: Yadkin/High Rock Lake
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO W
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [A
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.724 acre
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
0
ed: 0
Flooded: 0
Excavated: Maximum of 0.724
-7 9 4
Total Impacted: Maximum n f ()
ROUTINE ON-SITE
WETLANDS DELINEATION
Duracell U.S.A., Inc.
Lexington, North Carolina
June 1994
ERM-Southeast, Inc.
215 Centerview Drive
Suite 110
Brentwood, Tennessee 37027
1.0 BACKGROUND
A wetlands delineation was performed on a private tract of property located to
the north of the Duracell U.S.A. facility in Lexington, North Carolina. The
specific areas investigated include portions of two unnamed tributaries and
Fritz Branch where mercury contaminated sediment exists, as well as a soils
removal area which lies adjacent to the northern boundary of the Duracell
property on uplands. Contaminated soils and sediment will be evacuated and
disposed of at an approved landfill facility. The Laidlaw facility in Pinewood,
South Carolina may be utilized as appropriate. All work will be conducted
with a State approved erosion control plan. The location of the property is
depicted in Figure 1 on the Lexington East 7.5 minute series quadrangle map
while the specific study areas are depicted in Figure 2. The drainage of the
property flows north and east to Leonards Creeks which flows southeast to
Abbotts Creek. The two unnamed tributaries and Fritz Branch depicted in
Figure 2 (west and east tributaries) were surveyed for wetland characteristics
and flow which might classify the tributaries and adjacent property as waters
of the United States under the jurisdiction of the Corps of Engineers and State
of North Carolina. The west tributary was the larger of the two and was
walked from its origin to Leonards Creek. The east tributary is shorter and
was only walked for the upper 500 to 600 feet in the area where selective
sediment removal might occur. Review of U.S.G.S. topographic maps and
previous site visits indicated the potential for perrenial water flow in the two
tributaries and Fritz Branch.
2.0 SITE INVESTIGATION
The preliminary data indicated the potential for wetlands to exist in the two
unnamed tributaries, therefore, a routine on-site determination was conducted
on June 2 in accordance with the Corps of Engineers Manual for the
Delineation of Wetlands, 1987. The west tributary originates near the
northern boundary of the Duracell property fence line and makes confluence
with Fritz Branch approximately 500 feet north of the fence line. Within the
500 foot area, a culverted logging road was constructed. This road bed has
captured sediment over the years and remains semi-saturated. Wetlands
vegetation and hydric soils conditions were observed in this area. Table 1
summarizes the soils and vegetation of this area as well as other areas analyzed
as depicted in Figure 2. The hydric conditions were observed for a distance of
270 feet upstream of the perrenial stream. At the point of the confluence,
perrenial stream conditions were verified by the presence of aquatic life, e.g.,
tricoptera and diptera larvae. The stream length of perennial flow to Leonards
Creek was measured to be approximately 3,050 feet. The width of the stream
channel, including jurisdictional wetlands areas, was measured for its entire
ERM-SOUTHEAST, INC. 1 w:\durce11\4330\wet1ands.rpt
J
Jr-
.: 1 ^\`' a ?\ OQ _. .'. .. ``• ? •..? J ??,{j,?i •
.. • ?. ? ' . ?,?? - • ? ` '?i -._.? '"' ` gyp', i I ? M
a
-LA 71;
29 0 ?R Z Y) C `_ STUDY `? l o / ' rra ! .T?` j
AREA ; ?by Imo- :`??d` •
?`'-J •?.? :?-- `"'- ?? ? tit 7. 'c
• ??? r -?\ f h DURACELLL
FACIUTY
.• .:. •• ,? `?U??'• • ??o ?' __ 'act ,? (,•-=? (?„_-J-?; o- ?...?1 :i
O fin., G' ? \; ?•:.... / •a ». _
1 !f
J' (: •. \U ? .._. •• •L:'7 = ?? . ! 5 r•.? ?.- .`? :. p i. Mt TRbO •^ ? • ? 0/ .
zi '?'^, \\ _o-.• rt?\.f150 \ S' off'' ^p =T r'. r „' r?• yp M'-..` I src
! +? r ?- _ so 6s0 I is C.'::' 1
jV'
ELM
SCALE 1:24000
1/2 0 , ma
1000 0 1000 2000 3000 1000 5000 ww 7000 FEET
------------
ERM-SOUTHEAST. INC.
DURACELL U.S.A. FIGURE 1 BRENTWOOD, TENNESSEE
LEXINGTON. NORTH CAROLINA SITE LOCATION MAP
DWG _
O: 9529
DATE :3/23/93 T>< E R M
2
TABLE 1
DURACELL USA OFF-SITE WETLANDS
CHARACTERIZATION
June 1994
Boring Soil Description Plant Species Wetland
Number Status
B-1 0-18" 5YR5/6 - Redish Flowering Dogwood - Cornus florida FACU
Coarse Sand/Clay Red Maple - Acer rubrum FAC
American Elm - Ulmus americana FACW
Yellow Poplar - Liriodendron tulinifera FAC
Red Oak - uercus rubra FACU
Coral Berry - Symphoricarpus orbiculatus FAC-
Japanese Honeysuckle - Lonicera iaJ ponica FAC-
Poison Ivy - Toxicodendrun radicans FAC
B-2 0-10" 5YR5/6 - Coarse Redtop Panicum - Panicum rigidulum FACW
Sandy Clay Fox Sedge - Carex volpinoidea OBL
10"-18" 5YR3/2 - Silty Green Bulrush - Scirpus atrovirens OBL
soil with Gleziation, iron Virginia Creeper - Parthenocissus guinguefolia FAC
concretions
B-3 0-3" 5YR5/6 - Coarse No vegetation - Rocky stream bed
material
3" 7.5YR6/0
B-3 0-18" 7.5YR5/6 American Holly - Ilex opaca FAC-
(banks) Japanese Honeysuckle - Lonicera 'a? ponica FAC-
Flowering Dogwood - Cornus florida FACU
Yellow Poplar - Liriodendron tulinifera FAC
Sweetgum - Liouidambar stvracoflua FAC+
Bagleaf Magnolia - Magnolia macronhylla FAC+
Within the banks of the channel in the lower 1500 FACU
feet of this tributary: NI
FAC
Smooth Blackhaw - Viburuum rufidulum FAC
Albizzia - Albizzia iulibrissin FACU
Yellow Poplar - Liriodendron tulinifera FACW
Ironwood - CUpinus caroliniana OBL
White Oak - uerus alba FACW
Jewelweed - Impatiens canensis FACU
Black Willow - Silax nigra FACW-
Red top Panicum - Panicum-rigidulum FACW-
Black Birch - Betula lenta FACW
Common Elderberry - Sambucus canadensis FACU
European black Alder - Alnus glutinosa FACU
Slippery Dogwood - Cornus stolonifera
Sassafras - Sassafras albidum
Paulownia - Paulownia tomentosa
ERM-SOUTHEAST, INC. 4 wAdurce11\4330\wedands.rpt
TABLE 1 (Cont'd.)
DURACELL USA OFF-SITE WETLANDS
CHARACTERIZATION
June 1994
Boring
Number Soil Description Plant Species Wetland
Status
B-4 0-18" 7.5YR4/6 Red Maple - Acer rubrum FAC
Flowering Dogwood - Cornus florida FACU
Green Briar - Smilax s2 FAC
Sweetgum - Liouidambar stvraciflua FAC+
Black Walnut - Jualans bra FACU
Black Cherry - Prunus serotina FACU
Common Privet - Li sug toum vulgare FACU
Loblolly Pine - Pinus taeda FAC
B-5 0-6" 5YR5/6 Blackberry - Rubus allegheniensis FAC
6"-down 5YR2.5/1 Red top Panicum - Panicum riidulum FACW
(anaerobic condition) Bristle bract Sedge - Carex tribuloides FACW+
Fox Sedge - Carex vulninoidea OBL,
OBL - Obligate
FAC - Facultative
W - Towards wetland
U - Towards upland
NI - No indicator status - typically upland
ERM-SOUTHEAST, INC. 5 wAdurce11\4330\wet1ands.rpt
S 9
?- z
?a
N \
(A m
S 1'!1
i o o
z
m/ °
m
-N O
g
-o A u
K / "C$ VTA (O/1
(A z
aZ obi
0
? -o -
w m
r \ m r
D
OZL t=c' ?m? R1 0 ° o
\\\\
?y
P?
\ O
0C
ti ?F
?? ooo, \ \ gY?os
4'4?
049
099
duo \ 099
"n M co c -0
w
0 F4 C) F
->0 A C: FJ
o N ;u m Do z rA * ° °z
m O v
D D D
0 °
y
WETLAND DELINEATION FlGURE
ERM-Southeast, Inc.
Brentwood, Tennessee DURACELL U.S.A. 2
ERM LEXINGTON, NORTH CAROLINA
length in order to determine the total area of waters of the U.S. in this
tributary at 200 to 300 foot intervals. The total area measured was
approximately 29,200 sq feet or 0.675 acre.
In addition, a small area of wetland was detected in the head of the east
tributary, as well as downstream of the point of perennial flow (see Figure 2).
Perrenial flow was verified in this tributary by the presence of aquatic life -
megaloptera larvae and crayfish. Wetland characteristics were also observed
in the east tributary upstream of a two foot culvert for an area of
approximately 2,100 sq ft or 0.049 acre. Between the road culvert and the
emergence of perrennial flow the soils were not saturated and hydric
conditions were not detected to a depth of 18 inches. Vegetation (trees and
shrubs) was primarily facultative but upland species were also present,
confirming that this area is not jurisdictional wetland.
The soils removal area immediately north of the Duracell property and outside
of the tributary areas was clearly identified as upland environment due to
upland soils vegetation and the lack of wetland hydrology.
In addition to the wetland delineation, the study area was inspected for
historical site and endangered species. No structures greater than 50 years old
were observed in this area. In addition, the threatened and endangered species
for Davidson County were reviewed from lists provided by the U.S. Fish and
Wildlife Services. A single endangered species was noted by both agencies;
Schweinitz's sunflower (Helianthus schweinitzii). This species was not
observed during the site investigation and is not expected to be impacted by
site remediation activities.
ERM-SOUTHEAST, INC. 6 w:\durce11\4330\wet1ands.rpt
,EASEMENT AND RELEASE.AGREEMENT
THIS.,AGREEMENT, made anal.entered into this that 9t.h day
of aalluaint __ , 1984 key, and between HESSIE :5. -SVING
(here na terse erred to as "Grantor") and DU'RACELL INC., a
Delaware corporation (hereinafter referred to a,?, "(12'rantee") .
W I T N E S S E T H!
WHEREAS, Grantee owns certain property in Dav:,i.dson:County,
North.Carolina? more parti.c.ularly: described on ExhJ.bit A attached
hereto and made a part hereof (hereinafter referre?;i to as "GA.
.tee's Property") and
WHEREAS, Grantor ownts?certain property adjoining the nortrh-
easterly, easterly, and southeasterly boundaries o;E Grantee's
• property bounded on the. northerly bol;ndaxy by In.t.e°rstate Hi;hway
85, on- its southerly boundary by a Southern Railroad right-or-way
and-more particularly.: de Bribed on-Exhibit. A, _ stt~a .hed hereto and
:.:.made a part hereof (hereinafter referred tc as -"Grantor's Proper-
ty"); and
WHEREAS, Grantee operates a facility on Grant,;:e's Property
which uses mercury in the-manufacture of batteries;,, and
WHEREAS, Grantee is operating the facility on Grantee 's
Property in compliance with all federal, state and local laws as)d
requirements relating to the enission of mercury f7.-01TI its facil -
ty into the environment, and is exerpising a high degrea of carp
and control to limit the emissions of mercurv frog.it:sa facility
to levels 4hich are at *oL below the permissible 3.e?rel.s established
by applicable laws;, and
. WHEREAS, mercury emitted from Grantee's facility may halre
.entered etormwaiter.runoff which flows from Grantee's Property
to a ditch. passing through Grantor's Property to L+e:oriards Creek
and Abbott:e Zraek; and
WHEREAS, Grantee believes that, on or about 1`60, Grantee e
obtained from Grantor an easement for stormwater to flow from.
-Gran'tee' s Property onto, over and across. Grantor's Property in-
cluding, but not limited to the right to place a stor*nwater run-
off:pipe in the ditch on Grantor's Property; and
WHEREAS, the parties desire to set forth then agree^!ent c,i%-
ing Grantee certain rights in Grantor's Pronexty, and confirnin(,
certain-other rights which Grantee contends were c:,rantej. previn?1s-
1y;
NO% THEREFORE, in consideration of the premises and in c on*-
sideration of the payment, in hand of
Five Hundred Dollars by Grantee tc Gzantcr,
the receipt and sufficiency of which is hereby acknowledged,
Grantor has granted, bargained, sold and conveyed to Grantee, its
successors and assigns, the right, title and privilege of as ease-
ment in, on, over# across and through Grantor's Property for the
purposes hereinafter set forth, but-subject to the right of revo-
cation specified in paragraph 4 hereof, and the pax'ties do further
agree as follows:
1. The above-described ditch and flood plain of Leonard$
Creep and Abbotts Creek located on Grantor's Property and any
other affected areas of Grantor's Property may rem?,hin in their
present condition with such amount of mercury as May be present in
the water and earth on such property, but the pipe referred to
hereinbefore shall be blocked to the end that storniwater will no
longer be channeled into the said ditch through thy: pipe; provided,
however, that even if this easement is terminated as provided in
paragraph 4, Grantor acknowledges and agrees.that stormwater which
falls on Grantee's Property may flow over Grantor ':s Property in
those areas wherb the elevation of Grantee's Property is higher
than Grantor's Property.
2. Grantee may enter Grantor's Property for the purpose of
inspecting, testing, clearing, and/or removing any mercury present,
but shall have no obligation to do so; provided, hcN,werver, Grantee
shall be liable to Grantor for any damages caused to growing timber
or to Grantee's land in the process of clearing or retmoving any
mercury.
3. Grantee has conducted an appraisal and hasi concluded that
Grantor's Property has not been diminished in value a?s a result of
any result of any mercury present on said Property. Grantor ac-
knowledges and agrees that the consideration paid to it hereunder
fully and adequately compensates Grantor for any alleged diminished
value of or alleged damage to Grantor's Property r(„sulting from
the presence of any mercury in and on Grantor's Pre*e rty.
4. The rarties understand and agree that upon any sale or
conveyance e .11 or any part of Grantor's Property within the life-
time of Bessie S. Swing plus twenty (20) years from the,date hereof,
the Grantor's successor in title may terminate the, easement granted
in this document as to the part of Grantor's Property which is sold
or conveyed upon sixty (60) days prior written notice: to Grantee.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be duly executed on the day and year first: above written.
"GRANTOR"
[SEAL)
-2-
STATE OF NORTH CAROLINA
COUNTY OF
This day of , 1983, personally
came before me , who, being by me duly
sworn, says he s the of Duracell. Inc. and
that the seal affixed to the foregoing instrument and writing
is the corporate seal of Duracell Inc. and that saaid writing
was signed and sealed by him, on behalf of Duracell Inc. by
its authority duly given. And the said ..
acknowledged the said writing to be the act and d'::ed of
Duracell Inc.
WITNESS my hand and notarial seal.
My commission expires:
STATE OF NORTH'CAROLINA
COUNTY OF
came
duly
Notary Public.
This day of , 198A, pre sonally
before ma , who, being by me
sworn, says thatShe execute he foregoing ??rcilting as
own free act and deed...,,,..
y r
WITNESS my hand and
notarial seal'?'?,'. 11'Y A;? e .
?•IY ":+. '.. 1?.'?:ii/SIC "till ~ . y??/?L
Notary Public
My commission IxA'A -I 1CCv U
- ?li
%ML . +.
4
l_ -
&11\)(0 P/wz?
f .?
,:
r:ti-14
.fl
Y r