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HomeMy WebLinkAboutWM0801181_Application_20211101GMA (� The Groundwater Experts November 1, 2021 Mr. Geoff Kegley Hydrogeologist North Carolina Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Groundwater Management Associates, Inc. 4300 Sapphire Court, Suite 100 Greenville, North Carolina 27834 Telephone: (252) 758-3310 www.omo-nc.com Apex and Greenville, NC Re: Monitoring Well Permit Application, Bogue Banks Water Corporation, Emerald Isle, Carteret County, North Carolina Dear Mr. Kegley, Groundwater Management Associates, Inc. (GMA) is working with Bogue Banks Water Corporation (BBWC) to provide professional consulting services associated with exploratory drilling and testing at Spell -McLean Park (TW13D & TW13S), Emerald Isle, Carteret County, North Carolina. A part of our exploration and evaluation project will involve construction of two monitoring/test wells intended to provide information about aquifer depths, water levels, potential yield, and water quality. Attached is a monitoring well construction permit application to construct two monitoring/test wells (TW13D & TW13S) at Spell -McLean Park Emerald Isle, Carteret County, North Carolina. This site will include wells constructed in the Upper Castle Hayne (TW13S) and Middle Castle Hayne (TW13D) Aquifers. No known pollution or waste sources are associated with this site. Also, there are no known existing wells or test borings within 500 feet of the proposed wells. Each well will be constructed of PVC casing, and stainless -steel screens. Casings will be properly grouted to prevent interconnection of the aquifers. Proposed well construction diagrams, maps detailing parcel information, and the property lease agreement are attached. The wells are designed to test and monitor for potential yield, water levels, and water quality of individual separate aquifers. Screened intervals will be selected based upon drilling observations and geophysical logs. Gravel pack intervals will not cross -connect different aquifers. The wells will be built according to the North Carolina Well Construction Standards (NCAC 02C). Certified Well Contractor, Magette Well and Pump, will perform the drilling, well construction, and development of the monitoring wells. Mr. Kegley Page 2 We trust that the information provided herein is complete and will meet your requirements for issuing a well construction permit for building the two wells. If you have any questions, please contact me at the address and phone number on our letterhead. Best regards, Groundwater Management Associates, Inc. Kelley A. Smith, P.G. Project Hydrogeologist Enclosures: Monitoring Well Permit Application Forms Proposed Well Construction Diagrams Parcel Map Lease Agreement CC: Seola Hill-BBWC 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: Nov. 1, 2021 2. County: FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE 3. What type of well are you applying for? (monitoring or recovery): Monitoring 4. Applicant: Seola Hill - Bogue Banks Water Corp. Telephone: (252) 354-3307 Applicant's Mailing Address: 7412 Emerald Dr, Emerald Isle, NC 28594 Applicant's Email Address (if available): shill boguebankswater.com 5. Contact Person (if different than Applicant): Kelley A. Smith, PG Telephone: (252) 758-3310 Contact Person's Mailing Address: 4300 Sapphire Ct., Suite 100, Greenville, NC 27858 Contac Person's Email Address (if available): kelley()gma-nc.com 6. Property Owner (if different than Applicant): Town of Emerald Isle Telephone: (252) 354-3424 Owner's Mailing Address: 7500 Emerald Dr, Emerald Isle, NC 28594 Owner's Email Address (if available): 7. Property Physical Address (including PIN Number): 7518 Emerald Dr, (PIN 539418206342000) City: Emerald Isle, NC 28594 County: Carteret Zip Code: 28594 8. Reason for Well(s): Evaluation of the aquifer depths, water levels, and water quality of the Castel Havne Aquifer (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: Land Leased (see attached) to BBWC by the Town of Emerald Isle (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). No. 11. Type of contaminants being monitored or recovered: NA (ex: organics, nutrients, heavy metals, etc.) 12. Are there any existing wells associated with the proposed well(s)? If yes, how many? No Existing Monitoring or Recovery Well Construction Permit No(s).: 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): >500 ft. 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No. If yes, give distance(s): 15. Well Contractor: Magette Well & Pump Co. Certification No.: 2299 Well Contractor Address: 2342 US 13 S, Ahoskie, NC 27910 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. Numberofwellsto be constructed in unconsolidated material: 2 5. How will the well(s)be secured? Well Coversw/ Locking Caps Number of wells to be constructed in bedrock: 0 4. Total Numberofwellsto beconstructed: 2 (add answers from 2 and 3) Estimated beginning construction date: 11/15/2021 Estimated construction completion date: 1/15/2022 ADDITIONAL INFORMATION As required by 15ANCAC 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 am inim um of two landmarks such as identified roads, intersections, streams, or lakes within 500 feet of the proposed well orwell system. b. All existing wells, identified bytype of use, within 500 feet of the proposed well orwell system. C. The proposed well orwell system. d. Any test borings within 500 feetof proposed well orwell system. e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical orfuel storage areas, animal feedlots as defined in G.S. 143-215.1013(5), landfills, or otherwaste 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 sped fications and conditions of this Well Construction Permitas regulated underthe Well Construction Standards (Title 15A of the North CarolinaAdministrative Code, Subchapter 2C) and accepts full responsibility for compliance with these rules Signature of Applicantor*Ag6ht Title of Applicantor *Agent 411 * If signing asAgent, attach authorization agreement stating Printed name o Applica for *Agent that you have the authority to act as the Agent. If the property is owned by someone otherthan the applicant, the property owner hereby consents to allow the applicantto construct wells as outlined in this Well Construction Permit application and thatit shall be the responsibility of the applicantto en sure that the well(s) conform to the Well Construction Standards (Title 15Aof the North Carolina Administrative Code, Subchapter2C). Signature of Property Owner (if differentthan Applicant) Printed name of Property Owner (if differentthan Applicant) DIRECTIONS Please send the completed application to the appropriate Division of Water Resources' Regional Office: Asheville Regional Office 3800 Barrett Drive Wilmington, NC 28405 2090 U.S. Highway 70 Raleigh, NC27609 Phone: (910)796-7215 Swannanoa, NC 28778 Phone: (919) 791-4200 Fax: (910) 350-2004 Phone: (828)296-4500 Fax: (919)571-4718 Fax: (828) 299-7043 Winston-Salem Regional Office Washington Regional Office 450 W. Hanes Mill Road Fayetteville Regional Office 943 Washington Square Mall Suite 300 225 Green Street, Suite 714 Washington, NC 27889 Winston-Salem, NC 27105 Fayetteville, NC 28301-5094 Phone: (252) 946-6481 Phone: (336) 776-9800 Phone: (910) 433-3300 Fax: (252) 975-3716 Fax: (336) 776-9797 Fax: (910)486-0707 Mooresville Regional Office 610 East Center Avenue Mooresville, NC 28115 Phone: (704) 663-1699 Fax: (704)663-6040 MR Rev. 3-1-2016 Raleigh Regional Office Wilmington Regional Office 127 Cardinal Drive Extension G W-22M (Rev. 5/11) -rwt30) SDP- 21 CAS, -( 6 I I tf:5u -rD4 V"4,r AL--Pprw- I iSD-L� fLr---r + IP t v Ne- LeASi ue�lcr CEMArWr SukrAt,F- It",> 13 s 0--?5c>fi r D fm 16' 5cA 4-v Fq t �ac� c -s� ►�cT C-1eojtF�-b I > LAP4b S VaF-A.C- -2 s FirI .I . I L i �AueL-- PA-U,(- 771 tADfi -P 5CA Carteret County cis xe.am un Certemt Comity Paael ■ E I � Yl ¢.ul �psnl i .i A sa) 0 sal fi.i q 1 1 al i val li va i.IA) (I ep 1 leial fsiaal ■ e � 1 STATE OF NORTH CAROLINA WELL SITE LEASE- MCLEAN SPELL PARK COUNTY OF CARTERET This Lease dated the - I > day of July, 2021 between The Town of Emerald Isle, a North Carolina Municipal Corporation, 7500 Emerald Drive, Emerald Isle, NC 28594, herein "Town ' ; and Bogue Banks Water Corporation, a non-profit North Carolina Utility Company, 7412 Emerald Drive, Emerald Isle, NC 28594, herein "Tenant; WITNESSETH: Whereas, Town is the owner of a h'act of land containing approximately 29 acres located in the 7500 Block of the Town having acquired the tract from the Conservation Fund by deed recorded in Book 1608, page 68, Carteret County Registry, with the Conservation Fund having granted an easement to the United States of America by instrument recorded in Book 1608, page 67, which easement restricts use of the property to recreational use and public utilities, immediately before the tract was conveyed to the Town of Emerald Isle; Whereas, once the Town acquired the property by deed recorded in Book 1608, page 68, the Town executed and recorded Covenants in Book 1608, page 70, likewise restricting the property to parks and recreation uses and the location of utility facilities, and thereafter named the acreage as "McLean Spell Park"; Whereas, Hogue Banks Water is a public utility company providing water to the property owners and residents of the Town of Emerald Isle, and has determined the need for a new well, and due to the requirements of the State of North Carolina and particularly the Division of Water Quality, the sites that qualify are very limited, and Hogue Banks Water has determined that a site approximately 200 feet by 220 feet located in the northwest corner of the tract owned by the Town as recorded in Book 1608, page 68, may meet the criteria for the location of a new well; Whereas, Hogue Banks Water has submitted a proposal to the Town for the location of the new well on the 29 acre tract, and the Town has notified the Department of the Defense and State of North Carolina agencies of the request for a long term lease, and both the Department of Defense and the State Agencies have not objected to the proposed use, and Bogue Banks Water Corporation has proposed a long term lease with renewal options so that the Town has adopted a resolution authorizing the proposed lease, setting forth the terms of the lease and stating intent to approve the lease, and the Town has fin-ther treated the long term lease as a sale and has published notice of the offer and the possibility of upset bids, and there have been no upset bids and the Town and Tenant are prepared to enter into this long term lease for the location, completion and continuing use of the leased site as a utility well site for Tenant; and Whereas, Town and Tenant have agreed upon the terns of the Lease regarding the development of the site as hereafter identified and set forth herein, and now desire to incorporate the same in this lease; Now Cherefore in consideration of the terns and conditions set forth herein, the completion of improvements by Tenant to the Premises, the payment of rents by Tenant to the Town, and the benefits to the Town and the customers of Tenant, Town does hereby lease to Bogue Banks Water Corporation ("Tenant") and Tenant does hereby lease from Town those premises in the Town of Emerald Isle, Carteret County, North Carolina, more particularly described hereafter, subject to the following terms and conditions; 1. Premises. The premises which are the subject of this lease consist of a wooded lot or tract approximately 200 feet by 220 feet located in the north west corner of the 29 acre tract conveyed to the Town of Emerald Isle by deed recorded in Book 1608, page 68, Carteret County Registry, said 29 acre tract being shown on a plat recorded in Map Book 33, page 364, Carteret County Registry. The lot is identified as "Proposed Well Site" as shown on a survey prepared by Bell and Phillips attached hereto as Exhibit A, herein "Survey" and includes a non-exclusive twelve foot (12') wide easement from the northern boundary of the 29 acre tract designated on the Survey as "C/L Proposed 12' Ingress, Egress & Utility Easement" to access the Proposed Well Site for installation and maintenance purposes and a non-exclusive twelve foot (12') wide easement to access the Proposed Well Site from the south for all other needs and a non-exclusive easement for the installation and maintenance of utility lines, cables, conduits, and water lines over, under or along that area designated on the Survey as "'C/L Proposed 12' Ingress, Egress & Utility Easement". The Proposed Well Site along with all easements are collectively referred to herein as the "Premises". 2. Term. The initial ternr of this lease shall be for 20 years beginning July 1, 2021 and terminating June 30, 2041. Said lease is subject to automatic renewals for 3 consecutive terms of 10 years each thereafter unless Tenant or Town determine in writing not less than 12 months prior to the proposed renewal date that the Lease will not be renewed. During the initial 12 months of the lease, Tenant shall perform due diligence on the site to determine if the water quantity and water quality are sufficient for a new well site to be incorporated in the Tenant's water utility operations, and shall have the right to terminate this lease if the site, test results or other factors indicate that the leased area is not suitable. Town shall be given written notice of such intent and Tenant shall restore the site by capping the well, removing all above ground equipment and fixtures and planting Trees and other vegetation native to the site of such density and size so as to restore the site to its former condition within 3 years of such termination. Likewise, Tenant shall have the right to terminate this lease upon 6 months' notice 2 in writing to the Town if the source of water dries up, becomes contaminated, has insufficient volume or quality, or ceases to be viable or adequate for a Tenant well site as part of its system. Tenant shall restore the site by capping the well, removing all above ground equipment and fixtures and planting trees and other vegetation native to the site of such density and size so as to restore the site to its former condition within 3 years of such termination. 3. Rent. or ng the initia120 year term, the annual rental for the first 12 months of the lease shall be the sum of $1,000.00 payable monthly, and during each subsequent 12 month period the monthly rents shall increase 3% over and above the rents paid for the preceding 12 months. During the last 12 months of the initial 20 year term, the Town and Tenant shall attempt to negotiate an acceptable rental for the ensuing term and if the parties are able to agree, the same shall be reduced to writing as an amendment to this lease and executed by the Parties. Likewise, in the last 12 months of the first and second ten year renewal term, the parties shall attempt to negotiate an acceptable rental for the subsequent renewal terms, and the same shall be added as an amendment to this lease and executed by the Parties. In the event the Parties are unable to negotiate an acceptable renewal rental, then the Lease shall continue and the monthly rental payments shall increase by 3% over and above the rentals being paid for the preceding year or term as applicable. 4. Permissible Uses. Without first obtaining the written consent of the Town, the Tenant shall only use the Premises during the term of this lease for a well site for water utilities strictly in accordance with the terms of the Easement recorded in Book 1608, page 7, Carteret County Registry, and the terms of the Covenants in Book 1608, page 68, Carteret County Registry. Tenant shall be permitted to remove water from the Premises and pipe the same to Tenant's offsite treatment facilities. 5. Tenant's Alterations and Installation.. Tenant has submitted to the Town a proposed conceptual site layout attached as Exhibit B which shows and illustrates the location, installation and type of improvements, including, but not limited to fencing, well equipment, supply lines, pipes, building location of housing of equipment, electrical wiring, safety features, landscaping, tree removal and tree replanting, and road access proposed to be carried out and completed by Tenant at the well site by Tenant. Town has approved this lease in reliance on the design and appearance of the completed well site and the replanting of trees and restoration of the vegetation removed during construction. Tenant shall forthwith proceed in due haste and within a reasonable time frame apply and secure all necessary permits and approvals fi'om state and federal agencies for the well and water utility facilities and improvements and upon issuance of the permits, shall provide the funds, contracting for and means of completion of the facilities in accordance with the plans. Upon completion of the improvements contemplated by the parties for the well and water facilities, Tenant shall make no other structural alterations or improvements to the Premises without first obtaining the written approval and consent of the Town. All improvements, changes or additions carried out by Tenant shall be at the sole expense of the Tenant and shall be promptly paid for. Tenant shall indemnify and hold the Town harmless from failure to pay for any construction, alterations or additions to the leased area, and shall supply Town upon request evidence that all costs incurred for such changes, aIterations or additions have been paid. 6. Maintenance. Tenant shall be responsible for maintaining the well site, equipment appurtenant thereto, electrical system, utility pipes, fencing, access easement, access roads, lights, building and all other major improvements. Tenant will be responsible for the daily and routine maintenance of Premises including, but not limited to mowing, and upkeep of landscaping areas. 7. Fixtures. The Tenant shall have the right to install and use on the Premises fencing, well equipment, pipes, pumping facilities, a 10x10 building and such other equipment necessary for the use and operation of the well in addition to such other fixtures necessary for safety of patrons and the public. Tenant shall be responsible for paying for the installation and maintenance of the same. 8. Return of Premises. Upon expiration of this lease the Tenant shall return the Premises to the Town in as good condition as when leased, normal wear and tear only excepted. Upon expiration of this lease, all permanently affixed improvements to the Premises shall belong to the Town and may not be removed by the Tenant. 9. Property and Liability Insm-ance. Tenant shall maintain a comprehensive premises liability policy covering property damage, injuries or death, resulting from any accident or occurrence in or about the premises, in such amounts and with such deductibles as Town may determine as adequate with regard to the risks involved. Such coverage may include such self-insurance for liability as afforded by the State for other Tenant facilities. Tenant shall further insure other buildings and improvements fi-om fire, wind and hail and such customary other risks and in such amounts as may be required by Town or its insurance carrier. 10. Compliance With Ordinances, Laws and Regulations. Tenant and Town shall at all times comply with all local, State and Federal rules and regulations regarding operations and use of the Premises. 11. Tenant's Default. In the event the Tenant shall fail to cagy out the installation, construction and completion of the well site and water utility system on or before the end of the initial twelve months from the inception of this lease, or should fail to correct default significantly in a showing of good faith or comply with any of the terms and conditions of this lease for a period of thirty days after notice is given by the Town, such notice to be effective as of the date that the Town mails notice to Tenant's address in Emerald Isle, or as of the date that Town places such notice in the United States mail properly addressed to the Tenant at Tenant's business location, by certified mail, return receipt requested; or if the Tenant shall abandon or vacate the leased premises before the end of the term of this lease, then and in any case the Town may lawfully enter into and upon the said premises or any part thereof in the name of the whole, and repossess the same, without prejudice to any other remedies which might otherwise be used for breach of covenant, and upon entry as aforesaid this lease shall terminate, and the Tenant covenants that in case of such termination it will indemnify the Town against any losses which the Town may incur by reason of such termination, during the residue of the term above specified. 12. Waiver. In the event Town waives Tenant's breach or indulges Tenant from time to time as to the completion or performance of any responsibilities hereunder, this shall not be a waiver by the Town of any subsequent breach or to imply any future indulgence by the Tenant. 13. Indemnification of Other. Each party agrees to indemnify and hold the other harmless from any and all liability or claims for injury or damages to persons or property which result from either intentional or negligent acts or omissions of one party hereto or its guests or invitees which are not covered by liability insurance. 14. Assignment and Subletting. Tenant shall not assign this lease or sublet the premises without the prior written permission of Town. 15. Entire Aereement and Binding Effect. This lease contains the entire agreement and contract between the Tenant and Town and neither party to this lease makes any representations to the other party not contained herein and this lease supersedes, nullifies and makes void any prior oral or written representations or dealings between the parties not herein specifically set out. As used herein the singular shall include the plural and masculine gender shall include the feminine and neuter genders as deemed appropriate. This lease shall be binding upon and inure to the benefits of the parties hereto and their heirs, successors in interest and assigns. 16. Reimbursement. In the event either party makes any payments for insurance, utilities or other expenses pursuant to the terms of this lease for which said party is entitled to reimbursement, then the other party shall reimburse the party for its expenses so made within a period of 30 days following notification of the amount of reimbursement required. Failure to reimburse within said thirty days shall constitute default hereunder. 17. Severability. In the event any term or provision of this lease is hereafter determined by a court of competent jurisdiction to be invalid or void, then this lease shall continue in effect notwithstanding said Court ruling unless the term or provision so stricken is so substantial and material to the lease so as to defeat the intent or purpose of the parties, in which event this lease shall terminate. 18. CounteKpart. This lease shall be executed in duplicate originals, each of which shall be an original, but all of which together shall constitute but one and the same instrument. 19. Memorandum. Town and Tenant shall execute a Memorandum of Lease setting forth the essential terms of this lease which shall be recorded in the Carteret County Register of Deeds, Town Clerk lave executed this lease effective as of the date above TOWN OF EMERALD ISLE By: die Barber, Mayor BOGUE B KS WATE ORPO T O By: Chris Carroll, Chairman of the Board STATE OF NORTH CAROLINA COUNTY OF CARTERET' I, AMV) W 1t t , a Notary Public in and for the above -named State and County, do hereby certify that personally appeared before me this Chris Carroll who being by me duly sworn, says that he is the Chairman of the Board of Bogue Banks Water Corporation Inc, a North Carolina non-profit corporation and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this the r l day of July, 202E Notary Public My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF 1 I,,�i�r�1 L S0Yav� W' niV) MiltWo e 00 NOT R 00 �r 20 ••, PUBLIC . lam:• �...r0U...L .\�♦ .tt. a Notary Public for the County and State aforesaid, certify that Eddie Barber, Mayor of the Town of Emerald Isle, a municipal Corporation, and Anna Smith as town cleric personally appeared before me this day and acknowledge the execution of the foregoing instrument, and that the Town Clerk did affix the seal of the Town, all by authority of the Board of Commissioners of the Town of Emerald Isle. Witness my hand and official stamp or seal, this the __�_�� day of July, 2021. ` '1 W otary Public My Commission Expires: �a Z�3 NOTgRy � Pei PUBLIC � . 00 °w couN,. o a ''err ittllt,,,• Exhibit A r ,� �y� 18 w Poll ����,� T'" "' �=t�` � •,Vr -; �a, .1 a •:;. 9` .� O VI �V-k(kvd Sktkn Return to Kirkman, Whitford, Brady, Berryman & Gordon, P.A. STATE OF NORTH CAROLINA COUNTY OF CARTERET MENEw_�►i00626=10 Town of Emerald Isle 7500 Emerald Drive Emerald Isle, NC 28594 2. TENANT: Bogue Banks Water Corporation 7412 Emerald Drive Emerald Isle, NC 28594 3. LEASE: FILE # 1733155 FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC August 4, 2021 10:52 AM LESLIE MEMO 5 P FEE: $26.00 FILE # 1733155 MEMORANDUM OF LEASE The provisions set forth in a written lease captioned "Well Site Lease — McLean Spell Park" dated July 2021 by and between Landlord and Tenant which is hereby incorporated in this memorandum. 4. DESCRIPTION OF LEASED PREMISES: TERM: Being those areas designated as "Proposed Well Site" and "C/L Proposed 12' Ingress, Egress and Utility Easement" as shown on that survey prepared by Bell and Phillips attached hereto as Exhibit A and incorporated herein by reference. Said tract being a portion of that real property conveyed to Landlord by deed recorded in Deed Book 1608, Page 68, Carteret County Registry. The term of the Lease begins July 1, 2021 and ends June 30, 2071 including extensions 0 1733155 -2- and renewals. The lease is subject to termination according to the terms thereof. IN WITNESS WHEREOF, Landlord and Tenant have caused this Memorandum of Lease to be executed. LANDLORD: Town of Emerald Isle By: ie Barber, avor Attest: (TOWN SEAL) aAM4t�,_ Town Clerk STATE OF NORTH CAROLINA COUNTY OF CARTERET I, the undersigned Notary Public in and for the above -named State and County, do hereby certify that personally appeared before me this date, Eddie Barber who being by me duly sworn, says that he is the Mayor of the Town of Emerald Isle and that he knows that Ann of SY 4Vj is the Clerk, and that he knows the common seal of the said Town; that the Town's name was subscribed to the within document by him as Mayor and was attested by its Clerk, with its seal thereto affixed, all by order of its Board of Commissioners duly given, and that the said instrument is the act and deed of said Town. WITNESS my hand and notarial seal, this the G day of J U , 2021. W. otary Public My Commission Expires: �AN M I 2o2 l 2 1733155 -3- TENANT: Bogue Blanks Water Co ration By: Chris Carroll, Chairman of the Board STATE OF NORTH CAROLINA COUNTY OF CARTERET I,S&DM i th 1 , a Notary Public in and for the above -named State and County, do hereby certify that personally appeared before me this Chris Carroll who being by me duly sworn, says that he is the Chairman of the Board of Bogue Banks Water Corporation Inc, a North Carolina non-profit corporation and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. WITNESS my hand and notarial seal, this the (q day of , 2021. Mn w Notary Public My Commission Expires: eel N OTARy O •�. PUBl.1G . Q _ 2 • •2- C0\5,V\ �`: 1733155 1° ° d T o.r NN qq Q �atQ rn p Q — 1 N Trail W Bluebird 59 Public R/W _—kR =e ~ WiN N � 8 3i.W O0 w g�� N old+. � m O� �q0 LONE Wi Y) 2 pig. 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