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HomeMy WebLinkAboutWQ0003661_Application_20210914,.E ADAMS COMPANY,.. ENGINEERING AND DESIGN 708 Abner Phillips Road Warsaw, North Carolina 28398 Phone (910) 293-2770 Fax (910) 293-2766 Firm License No. C-4438 September 14, 2021 NCDEQ-DWR Non -Discharge Branch, 9th Floor Attn: Nathaniel Thornburg 512 N Salisbury St Raleigh, NC 27604 Subject: Town of Faison Permit No. WQ0003661 Wastewater Irrigation System - Renewal Dear Mr. Thornburg: The Town of Faison is submitting for their Wastewater Irrigation System Permit Renewal. Please find enclosed the following documents to support this renewal: Wastewater Irrigation System Renewal (Form WWIS-R 02-21) Recorded setback waivers The Town would also like to request 2 modifications to the existing permit. 1. They would like to remove Field 8 from the permit for the following reasons: a. It has not been used in almost 20 years. b. There is a concern about runoff due to steeper slopes along the perimeter. c. The field has grown up due to lack of use, and it is not financially feasible for the Town to make it usable. 2. The Town would like to remove the fence around Lagoon 3 for the following reasons: a. Access is controlled to the entire facility with a locking gate. b. Neither Lagoon 1 nor Lagoon 2 have fences. c. Maintenance is extremely difficult due to the location of the fence in the center of the dike and the limited space to mow around it. \\Adamscol\d\Win98_PC\My Documents\2021\Engineering\Faison Wastewater Irrigation Renewal\Faison Wastewater Irrigation Permit Renewal ltr.docx If you have questions or need additional information, please do not hesitate to call me at 910- 293-2770. Sincerely, G Joshua E. Outlaw, PE Enclosure Cc: Jimmy Tyndall, Town of Faison \\Adamscol\d\Win98_PC\My Documents\2021\Engineering\Faison Wastewater Irrigation Renewal\Faison Wastewater Irrigation Permit Renewal ltr.docx DWR State of North Carolina Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02T .0500 — WASTEWATER IRRIGATION SYSTEM — RENEWAL FORM: WWIS-R 02-21 Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A NCAC 02T .0100, I5A NCAC 02T .0500, and Division Policies. For more information, visit the Water Quality Permitting Section's Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments uploaded as a single Portable Document Format (PDF) file to https:lledocs.deq.nc.gov/Forms/NonDischarge-Braneh-Submittal- Form-Ver2, or emailed to Non-Diseharee.RevortsCa�ncdenr.gov if Tess than 20 megabytes (MB). SECTION I — APPLICANT INFORMATION 1. Applicant: Town of Faison . Permit No.: WQ003661 3. Signature authority: Carolyn Kenyon Title: Mayor Phone number: (910) 267-2721 Office Email: mayor@faisonnc.org 4. Mailing address: PO Box 365 City: Faison State: NC Zip: 28341-365 5. Contact person: Jimmy Tyndall Email: jtyndall@faisonnc.org Primary phone number: (910) 267-2721 Office Secondary phone number: (910) 379-6284 Cell SECTION II — FACILITY INFORMATION 1. Physical address: 188 Water Treatment Rd City: Faison 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 35.121330° Longitude: -78.114465° County: Duplin State: NC Method: Unknown Parcel No.: 02-E035 Zip: 28341- SECTION III — FLOW INFORMATION 1. Permitted flow: 255000 GPD (The maximum allowable flow based on what has been permitted) 2. As -built flow: 255000 GPD (The maximum allowable flow based on what has been constructed) 3. Average flow: 160000 GPD (The average of all reported flows on the previous calendar year's NDMRs) 4. Hydraulic capacity: 62 % (Divide the average flow in Item 3 by the As -built flow in Item 2) 5. Wastewater composition: Domestic : 100 % Industrial: 0 % Stormwater: 0 % SECTION IV — BILLING INFORMATION 1. Billing address: PO Box 365 City: Faison State: NC Zip: 28341- 2. Verify the Applicant does not have any overdue annual fees: h teps:lldeq .nc. go v/abou tld i v i s ions/water-re sourceslwater-resources-perm itslwq-epaym ents Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has an unpaid annual fee. FORM: WWIS-R 02-21 Page 1 of 6 SECTION V - OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION ORC: William Mello Mailing address: PO Box 365 City: Faison State: NC Zip: 28341- Phone number: (910) 379-5025 Cell Email: bmello@faisonnc.org Grade: SI Certification No.: 999877 Back -Up ORC: Jimmy Tyndall Mailing address: PO Box 365 City: Faison Phone number: (910) 379-6284 Cell Grade: SI Certification No.: 989282 State: NC Zip: 28341- Email: jtyndall@faisonnc.org MINIIIMPFirlinSION VI OPEN -ATMOSPHERE Sill TURF . List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if necessary. Type Parcel No. Volume (gal) Liner Type Freeboard (ft) Latitude Longitude Treatment/Storage 02-E035 3,400,000 Full, clay 2 35.122059° -78.113465° Treatment/Storage 02-E035 3,400,000 Full, clay 2 35.121252° -78.113227° Treatment/Storage 02-E035 5,400,000 Full, synthetic 2 Select Select 35.122043° -78.111723° ° ° SECTION VII — RELATED PERMITS • . List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit. Attach additional sheets if necessary. Permit Type Permit No. Relationship Type Collection System WQCS00172 Upstream sewer Select Select Select Select Select Select SECTION VIII — MONITORING WELLS 1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary. Well Name Parcel No. Status Gradient Location Latitude Longitude MW-1 02-E034 Active Upgradient Between CB and RB 35.120287° -78.115141° MW-4 02-E035 Active Downgradient Between CB and RB 35.123514° -78.111799° MW-5 02-E107 Active Downgradient On Review Boundary 35.126345° -78.116449° MW-6 02-E107 Active Downgradient On Review Boundary 35.126515° -78.120975° MW-7 02-E107 Active Downgradient On Review Boundary 35.125373° -78.119217° Select Select Select ° - ° Select Select Select 0 - ° Select Select Select 0 - . ° Select Select Select 0 - ° Select Select Select 0 - ° Select Select Select 0 - ° FORM: WWIS-R 02-21 Page 2 of 6 SECTION IX -IRRIGATION FIELDSY if necessary. 1. List all irrigation fields associated with the renewing permit. Attach additional sheets Field County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 1 Duplin 02-E035 Town of Faison 6.16 Bermudagrass 35.123034° -78.113020° 3 Duplin 02-E035 Town of Faison 6.52 Bermudagrass 35.120776° -78.110543° 4 Duplin 02-E035 Town of Faison 2.67 Bermudagrass 35.120575° -78.112393° 5 Duplin 02-E035 Town of Faison 6.06 Bermudagrass 35.119999° -78.112538° 6 Duplin 02-E034 Town of Faison 6.59 Bermudagrass 35.121335° -78.115655° 7 Duplin 02-E034 Town of Faison 6.06 Bermudagrass 35.121820° -78.116805° 8** Duplin 02-E034 Town of Faison 8.12 Bermudagrass 35.121799° -78.117615° 9 Duplin 02-E035 Town of Faison 3.40 Bermudagrass 35.123010° -78.114177° 10 Duplin 02-E107 Town of Faison i 3.91 Bermudagrass 35.123821° -78.116728° 11 Duplin 02-E107 Town of Faison 3.97 Bermudagrass 35.124419° -78.116716° 12 Duplin 02-E107 Town of Faison 2.62 Bermudagrass 35.126025° -78.116932° 13 Duplin 02-E107 Town of Faison 16.35 Bermudagrass 35.126268° -78.118572° 0 0 **Field 8 is requested to be removed from this permit. See cover letter. ° - . ° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ° Total Acreage: 72.43 FORM: WWIS-R 02-21 Page 3 of 6 ATTACHMENT A — SITE MAP Was the facility originally permitted or had a major modification issued after September 1, 2006? ❑ Yes — Pursuant to I5A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0504(d). These requirements are: ❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility -related structures and fences within the wastewater treatment, storage, and irrigation areas. ❑ Soil mapping units shown on all irrigation sites. ❑ The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage, and irrigation sites. ❑ Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108, and I5A NCAC 02T .0506(c) if applicable. ❑ Setbacks as required by 15A NCAC 02T .0506. ❑ Site property boundaries within 500 feet of all wastewater treatment, storage, and irrigation sites. ❑ All habitable residences or places of public assembly within 500 feet of all treatment, storage, and irrigation sites. ® No — Skip Attachment A. Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)? ® Yes — Skip Attachment B. ❑ No — Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign. ATTACHMENT C — FLOW REDU Does the existing permit include an approved flow reduction? ❑ Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A NCAC 02T .0114(f). ® No — Skip Attachment C. ATTACHMENT D — CERTt)FIiCATE OF PUBLIC CONVENIENCE AND NECESSITY Is the Applicant a Privately -Owned Public Utility? ❑ Yes — Pursuant to 15A NCAC 02T .0115(a)(l ), submit the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise. ® No — Skip Attachment D. ATTACHMENT E — OPERATIONAL AGREEMENT Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold? ❑ Yes (Home/Property Owners' Association) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement (FORM: HOA). Pursuant to 15A NCAC 02T .01 1 5(c), if the applicant is a legally formed Homeowners' or Property Owner's Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws. ❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .01 I5(a)(2), submit an executed Operational Agreement (FORM: DEV). Pursuant to 15A NCAC 02T .01 15(b), if the applicant is a developer of lots to be sold, submit a copy of the Articles of Incorporation, Declarations, and By-laws. ® No — Skip Attachment E. FORM: WWIS-R 02-21 Page 4 of 6 ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES Is the applicant a municipality, county, sanitary district, or public utility? ® Yes — Proceed to the next question. El No — Skip Attachment F. Does the hydraulic capacity in Section III, Item 4 exceed 70%? ❑ Yes (the hydraulic capacity is greater than 70%, but less than 80%) — Pursuant to I 5A NCAC 02T .0118(1), prior to exceeding 80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. ❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question. ❑ No — Skip Attachment F. If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%? ❑ Yes (the hydraulic capacity is greater than 80%) — Pursuant to 15A NCAC 02T .01 18(2), prior to exceeding 90 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. ❑ No — Skip Attachment F. TTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEME Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, and irrigation system? ® Yes — Skip Attachment G. El No — Pursuant to I5A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, and irrigation system on property not owned by the Permittee. ATTACHMENT HAMIZIPCWS Are the Permittee's affiliations of record correct? Check affiliations. ® Yes — Skip Attachment H. ❑ No — Provide the corrected affiliations and their contact information. ATTACHMENT I —COMPLIANCE SCHEDULES Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit) ❑ Yes — Submit documentation that the compliance schedules have been met. ® No — Skip Attachment I. ATTACHMENT J — CIVIL PENALTIES AND OUTSTAMEL9 VIOLATIONS Does the Permittee have any existing civil penalties or outstanding violations? ❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request. El Yes (violations) — Submit a copy of your response to the Notice of Violation. ® No — Skip Attachment J. FORM: WWIS-R 02-21 Page 5 of 6 ATTACHMENT K — INDUSTRIAL WASTEWAliiiiii yuY s Does the wastewater composition in Section III, Item 5 include any industrial wastewater? ❑ Yes — Proceed to the next question. ® No — Skip Attachment K. Has the nature of the industrial wastewater changed since the last permit issuance (i.e., changes in industrial process, introduction of new materials or chemicals, etc.)? ❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 15A NCAC 02T .0504(h). Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ❑ No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. Does the existing permit include setback waivers? ® Yes — Pursuant to 15A NCAC 02T .0506(d), provide setbacks waivers that have been written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107. El No — Skip Attachment L. LICK +I i''S CERT[FICATiO 'MI QC iv/ k-1/11—• attest that this application (Signature authority's name as noted in Section I, Item 3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application package are not completed, and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T .0120(b), that the applicant, or any parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance schedule in a permit, settlement agreement, or order; not paid an annual fee. Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106(b). An alternate person may be delegated as the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: iv, Ati Date: b— 20 THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA: Email: o n- Disc 1r a rtl,e. Re i o rtsiu: Hake it r. eov Laserfiche Upload: htt ns://edocs.deo. n c.2o v/FormsfNon Discha rge-Bra nch- Submittal-Form-Vert FORM: WWIS-R 02-21 Page 6 of 6 :Big 14+.52 PA6E783 DATE_- —ICI - 03 C'/�.i iy M. C . ho.0- THE ATTORNEY PREPARING THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR TITLE EXAMINATION AS TO THE PROPERTY HEREIN DESCRIBED UNLESS THE SAME IS SHOWN BY HIS WRITTEN AND SIGNED CERTIFICATE NORTH CAROLINA DUPLIN COUNTY WARRANTY DEED THIS DEED, made and entered into this day of October, A. D., 2003, by and between NEUSE HOLDING COMPANY, INC., a North Carolina corporation, with its registered office in Wayne County, North Carolina, party of the first part, to the TOWN OF FAISON, a North Carolina municipal corporation, Duplin County, North Carolina, party of the second part; WITNESSETH: That the said party of the first part for and in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable considerations to it paid by the said party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents, does grant, bargain, sell and convey unto the said party of the second part and its successors and assigns, all of its interest in certain tracts or parcels of land lying and being in Faison Township, Duplin County, North Carolina, and more particularly described as follows: Located in Faison Township, Duplin County, North Carolina, and being more fully described as follows: J Garrett Ludlum, Attorney & Counsellor al Law, 404 North Pine Street, Warsaw, North Carolina 28398-071 l OOOK 1452 PAOE784 TRACT ONE: Being ali of those certain lands referenced as "Parcel A" of that certain map dated October 5, 2003, prepared by William D. Lewis, Jr., Professional Land Surveyor, as recorded in Map Book 19, Page 28, of the Duplin County Registry. THERE 1S EXCEPTED HOWEVER FROM THE ABOVE DESCRIBED TRACT ONE an Easement of ingress and egress being maintained by Grantor as set forth as "Parcel B" of that certain map dated October 5, 2003, prepared by William D. Lewis, Jr., Professional Land Surveyor, as recorded in Map Book 19, Page 28, of the l)upiin County Registry. TRACT TWO; COMPLIANCE BOUNDARY EASEMENT There shall be a Compliance Boundary Easement that shall be appurtenant to and run with the land as set forth in Tract One, which shall be described as all of those certain lands as set forth as "Parcel C" of that certain map dated October 5, 2003, prepared by William D. Lewis, Jr., Professional Land Surveyor, as recorded in Map Book 19, Page 28, of the Duplin County Registry. It is understood by the parties that the within described Compliance Boundary Easement is a condition of the issuance of a Spray irrigation System Permit to Grantee by the North Carolina Department of Environment and Natural Resources, Division of Water Quality, and as such Grantor and its successors and assigns, is prohibited from the operation of water supply wells within the Compliance Boundary Easement and hereby specifically permits Grantee or any of its agents, or assigns, or the State of North Carolina, or any of its agents or assigns, to enter on such property within the Compliance Boundary Easement for ground water monitoring and remediation purposes. It is also understood that this Compliance Boundary Easement may be terminated by the Director of Environment and Natural Resources, when its purposes have been fulfilled or the needs of the easement cease to exist. Under those conditions, the Director of Environment and Natural Resources shall, upon request by the landowner, file a document terminating the easement with the Register of Deeds of Duplin County. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to the said party of the second part and its successors and assigns. And the said party of the first part does covenant that it is seized of said premises in fee and it has the right to convey the same in fee simple; that the same is free and clear of all encumbrances and that it will warrant and defend the said title against the claims of all persons whatsoever. J. Garrett Ludlum, Attorney & Counsellor at Law, 404 North Pine Street, Warsaw, North Carolina 18398-0711 80011 4 52 PARE 7 8 5 IN TESTIMONY WHEREOF, the said party of the first part has hereunto set its hand and ssigthNorkd yearofcr4sitten above. $170.00�0 Exc seaT8IEUSE HOLDING COMPANY, INC. By: r - ,� [.��- ; President NORTH CAROLINA ,y, eU OF {�t4in I, aanri, e 1. 01.4.71-1ii , a Notary Publicliof the aforesaid County and State do hereby certify that F', o�ri c• fIi : personally appeared before me this day and acknowledge thaat he/she- is Secretary- of NEUSE HOLDING COMPANY, INC., the corporation named herein, and by authority yen and as the act of the Corporation, the foregoing instrument was signed in its oairrigLAT its President, sealed with its Corporate Seal, and attested by him/herself as its 4' i► 0 to A Miliks my hand and notarial seal, this 11' day of October, 2003. r [ F' U is L 1.. . r (14,A n. t, E (0�) "/,y••. NotarytPublic ........................ Expires: �.eb. ( a,pol} NORTH CAROLINA DUPLIN COUNTY The foregoing certificate o('br '1i J... L . Ot e .120u4 Arf is certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the Office of the Register of Deeds of Duplin County, North Carolina, in Book i � at Page , This J day of cK.413 , A. D., 2003, at 3: Sit) o'clock ,M. DAVIS H. BRINSON Register of Deeds Recorded and verified: A/Y10 Sarn,'d t J. Garrett Ludlum, Attorney & Counsellor at Law. 404 North Pine Street, Warsaw, North Carolina 28398-0711 BOOK III 7 O PAGE 3 16 RECORDED 04 MAR 26 AM 8: 16 OAV1S Ii. $RI?I OIl REGISTER O DEEDS DUPLIN COUNTY. N.0 THE ATTORNEY PREPARING THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR TITLE EXAMINATION AS TO THE PROPERTY HEREIN DESCRIBED UNLESS THE SAME IS SHOWN BY HIS WRITTEN AND SIGNED CERTIFICATE NORTH CAROLINA COMPLIANCE BOUNDARY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT DUPLIN COUNTY THIS DEED OF EASEMENT, made this 25 day of March , A. D., 2004, by and between CLAIRE REID KALMAR, party of the first part and THE TOWN OF FAISON, a municipal corporation duly chartered, organized and existing under, and by virtue of, the laws of the State of North Carolina, party of the second part; WITNESSETH: THAT WHEREAS, said party of the second part is the owner of a certain tract of land located in Faison Township, Duplin County, North Carolina, the same being the land conveyed to it by party of the first part by deed recorded in Book 885 Page 495 in the Office of Register of Deeds of Duplin County; and WHEREAS, it was intended when the foregoing lands were conveyed that said party of the first part would convey to the party of the second part a Compliance Boundary Easement contiguous and adjacent to the foregoing lands; and WHEREAS, through oversight and inadvertence, said Compliance Boundary Easement was not conveyed by written instrument and duly recorded in the Register of Deeds of Duplin County; and J. Garrett Ludlum, Attorney & Counsellor at Law, 404 North Pine Street, Warsaw, North Carolina 28398-071 ! NUI410 PRE31l WHEREAS, the parties hereto wish to correct said inadvertence by memorializing the existence of a Compliance Boundary Easement on the lands of the party of the first part; and WHEREAS, party of the second part is presently expanding its spray irrigation system and in doing so is in need of a Temporary Construction Easement for a period of one (1) year from the date of this instrument on the within described Compliance Boundary Easement area; NOW, THEREFORE, said party of the first part, for and in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable considerations to her paid by the said party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents, does grant, bargain, sell and convey unto the said party of the second part and its successors and assigns, a Compliance Boundary Easement as hereinafter described on lands situate in Faison Township, Duplin County, North Carolina and more particularly described as follows: COMMENCING at a point on the North side of N.C. Highway 403 approximately 1 mile east of the Town limits of Faison, North Carolina, said commencement point being located 1188 feet more or less from the right-of-way of said highway and said commencement being further located on the east side of a soil road leading to the Fryar Farm; thence North 13° 37 06" West as a tie line a distance of 1,650.54 feet to an existing iron pipe; said existing iron pipe being the northwest comer of the Town of Faison 52.85 acre tract (D.B, 885. Pg. 495); said existing iron pipe being the true POINT OF BEGINNING for the herein described 150 foot wide Compliance Boundary Easement; Thence from the above described and located POINT OF BEGINNING with the property line of the aforementioned Town of Faison 52.85 acre tract the following courses and distances: North 75° 43' 01" East a distance of 673.80 feet; South 20° 22' 07" East a distance of 212.81 feet; North 83° 20' 50" East a distance of 303.52 feet; South 53° 50' 29" East a distance of 251.13 feet; South 86° 20' 49" East a distance of 201.72 feet; South 03° 35' 09" West a distance of 371.54 feet; South 14° 30' 24" East a distance of 218.50 feet; South 56° 49' 19" East a distance of 483.41 feet; South 15° 42' 47" East a distance of 392.00 feet; South 73° 48' 20" West a distance of 749.36 feet; South 37° 52' 15" West a distance of 78.76 feet; North 88° 59' 43" West a distance of 349.17 feet; North 84° 36' 30" West a distance of 471.21 feet to the southwest corner of said Town of Faison 52.85 acre tract; thence South 13° 37' 06" East with the westem line of the Kalmar tract (D.B. 563, Pg. 012) a distance of 158.65 feet to a paint in said western line of the Kalmar tract; thence as a new line with said Kalmar tract the following courses and distances: South 84° 36' 30" East a distance of 425.28 feet; South 88° 59' 43" East a distance of 429.92 feet; North 37° 52' 15" East a distance of 105.12 feet; J. Garrett Ludlum, Attorney & Counsellor at Law, 404 North Pine Street. Warsaw, North Carolina 28398-0711 000K I tl 7 0 PAGE 3 18 North 73° 48' 20" East a distance of 849.46 feet; North 15° 42' 47" West a distance of 596.99 feet; North 56° 49' 19" West a distance of 481.60 feet; North 14° 30' 24" West a distance of 136.56 feet; North 03° 35' 09" East a distance of 497.48 feet; North 86° 20' 49" West a distance of 307.82 feet; North 53° 50' 29" West a distance of 266.20 feet; South 83° 20' 50" West a distance of 244.53 feet; North 20° 22' 07" West a distance of 229.87 feet; South 75° 43' 01" West a distance of 806.92 feet to a point in the aforementioned western line of the Kalmar tract; thence South 13° 37' 06" East with said western line of the Kalmar tract a distance of 150.01 feet to the POINT OF BEGINNING. The above described 150-foot wide Compliance Boundary Easement being a ponion of that tract of land deeded to John N. Kalmar by that deed dated January 05't', 1962 and recorded in Deed Book 563 at Page 012 of the Duplin County Registry. It is understood by the parties that the within described Compliance Boundary Easement is a condition of the issuance of a spray irrigation system permit to party of the second part by the North Carolina Department of Environment and Natural Resources, Division of Water Quality, and as such, party of the first part and her successors and assigns, are prohibited from the operation of water supply wells within the Compliance Boundary Easement and hereby specifically permit party of the second part or any of its agents, or assigns, or the Stare of North Carolina, or any of' its agents or assigns, to enter on such property within the Compliance Boundary &ferment for ground water monitoring and remediation purposes. It is also understood that this Compliance Boundary Easement may be terminated by the Director of Environment and Natural Resources, when its purposes have been fulfilled or the need of the easement ceases to exist. Under those conditions, the Director of Environment and Natural Resources shall, upon request by the landowner. file a document terminating the easement with the Register of Deeds of Duplin County. It is also understood by the parties that this instrument also conveys to parties of the second part. a Temporary Construction Easement for a period of one (I) year from the date of this instrument for the construction of improvements to the spray irrigation system owned by party of the second part, said spray irrigation system being located contiguous and adjacent to the above described Compliance Boundary Easement area. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to the said party of the second part and its successors and assigns. J. Garrett Ludlum, Attorney & Counsellor at Law, 404 North Pine Street, Warsaw, North Carolina 28398-0711 BOOK 114 10 PAGE 3 19 IN TESTIMONY WHEREOF, the said party of the first part has hereunto set her hand and seal, the day and year first written above. &aim 137s..1f1 -daSela. •(SEAL) CLAIRE REID KALMAR NORTH CAROLINA DUPLIN COUNTY I, Jean Hardison , allotary Public of the aforesaid County and State do hereby certify that CLAIRE REID KALMAR personally appeared before me this day and acknowledged the due execution of the foregoing Deed of Easement. %%0"i" 0" itrless my hand and notarial seal, this 25 day of March , 2004. it: "�r Kish No Public Expires: I0/ t 5/200 7 'rr-ram 000 ,jj_NJ1116Mfl •i si,7, :ririt.. NORTH CAROLINA DUPLIN COUNTY The foregoing certificate of Jean Hardison is certified to be correct. This instrument was presented for registration This day and hour and culy recorded in the Office of the Register of Deeds of Duplin County, North Carolina, in Book'W'•i' at Page This Davis Brinson Register of Deeds day of Recorded and verifred:V9 , A. D., 2004 at I ( o'clock /t • .M. J. Garrett Ludlum. Attorney & Counsellor al Law. 404 North Pine Street. Warsaw, North Carolina 28398-0711