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