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HomeMy WebLinkAboutWQ0005247_Application_20220725DWR State of North Carolina Department of Environmental Quality Division of Water Resources Division of Water Resources f &XIO NTK6►al IIIIM1111MIiT1.1 l Y D► TI :V Y 04 tM I N N RKI Y U101MIRM Y DI►/ M N 0401 D►IUKI I 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, 15A 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:Hedocs.deci.nc.2ov/Forms/NonDischar2e-Branch-Submittal- Form-Ver2, or emailed to Non-Dischar2e.Reports(a)ncdenr.2ov if less than 20 megabytes (MB). SECTION I —APPLICANT INFORMATION 1. Applicant: Falls Lake SRA- Rollingview 2. Permit No.: WQ0005247 3. Signature authority: Jody Reavis Phone number: (919) 707-9322 Office Title: Chief Of Maintenance Email: jody.reavis(oncparks.gov 4. Mailing address: 13304 Creedmoor Road City: Wake Forest State: NC Zip: 27587- 5. Contact person: David Mumford Primary phone number: (984) 867-8000 Office Email: david.mumford(oncparks.gov Secondary phone number: (919) 576-6973 Cell SECTION II — FACILITY INFORMA' 1. Physical address: 4201 Baptist Road City: Durham 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 36.7884' Longitude:-78.730661' County: Durham State: NC Method: Address matching Parcel No.: 193983 Zip: 27703- SECTION III — FLOW INFORMATION 1. Permitted flow: 9990 GPD (The maximum allowable flow based on what has been permitted) 2. As -built flow: 10500 GPD (The maximum allowable flow based on what has been constructed) 3. Average flow: 4018 GPD (The average of all reported flows on the previous calendar year's NDMRs) 4. Hydraulic capacity: 38 % (Divide the average flow in Item 3 by the As -built flow in Item 2) 5. Wastewater composition: Domestic: 100 % Industrial: % Stormwater: % SECTION IV — BILLING INFORMATION 1. Billing address: 13304 Creedmoor Road City: Wake Forest State: NC Zip: 27587- 2. Verify the Applicant does not have any overdue annual fees: https://deq.nc. gov/about/divisions/water-re source s/water-re source s-permits/wq-epUments 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 1. ORC: Christopher Mcgee Grade: SI Certification No.: 1009635 Mailing address: 501 North Salem Street, Suite 203 City: Apex State: NC Zip: 27502- Phone number: (919) 859-669 Office Email: cmcgeegagriwaste.com 2. Back -Up ORC: Vincent Shea Grade: SI Certification No.: 998524 Mailing address: 13304 Creedmoor Road City: Wake Forest State: NC Zip: 27587- Phone number: (984) 867-8000 Office Email: vincent.shea&cparks.gov SECTION VI — OPEN -ATMOSPHERE STRUCTURES 1. 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 193983 7,000,000 Apron, concrete 2.0 36.0079890 -78.7302530 Treatment/Storage 193983 5,000,000 Apron, concrete 2 36.0078080 -78.7302530 Select Select 0- ° Select Select 0- ° SECTION VII — RELATED PERMITS 1. 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 Select Select 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 Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° FORM: WWIS-R 02-21 Page 2 of 6 SECTION IX — IRRIGATION FIELDS 1. List all irrigation fields associated with the renewing permit. Attach additional sheets if necessary. Field County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 1&2 Durham 193956 USA - US Army Corps of Engineers 7.10 Pine 36.0077500 -78.7289240 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 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: 7.1 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 15A 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 15A 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. ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106 ® 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 REDUCTION 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 — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Is the Applicant a Privately -Owned Public Utility? ❑ Yes — Pursuant to 15A NCAC 02T .0115(a)(1), 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 .0115(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 .0115(a)(2), submit an executed Operational Agreement (FORM: DEW Pursuant to 15A NCAC 02T .0115(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 7themapplIcai t a municipality, county, sanitary district, or public utility? Ye— Proceed tothe next question. 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 15A NCAC 02T .01180), 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 .0118(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. ATTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, and irrigation system? ❑ Yes — Skip Attachment G. ® No — Pursuant to 15A 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 H — AFFILIATIONS 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 SCHEDULESIM 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 OUTSTANDING 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. ❑ 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 WASTEWATER 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. ATTACHMENT L — SETBACK WAIVERS 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. ® No — Skip Attachment L. APPLICANT'S CERTIFICATION I, Jody Reavis attest that this application 11 (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: Date: 7/21 /2022 IYIIwro[11 5IW0DNY0117:11»11[O1r0reler.11 117:r0V:TO11►5104011f.Yi11EqN0111DVI"11ju110N0411:VVET-0l►r"NAW110WINDLTAET Email: Non -Discharge. Repo rtsC&nc denr.2ov Laserfiche Upload: https://edocs.deci.nc.2ov/Forms/NonDischar2e-Br anch- Submittal-Form-Ver2 FORM: WWIS-R 02-21 Page 6 of 6 DEPARTMENT OF THE ARMY LEASE FOR PUBLIC PARK, RECREATIONAL, AND FISH AND WILDLIFE PURPOSES FALLS LAKE LEASE NO. DACW21-1-81-2614 THE SECRETARY OF THE ARMY, under authority of Section 4 of the Act of Congress approved 22 December 1944, as amended (16 U.S.C. 460d), and the Federal Water Project Recreation Act, 79 Stat. 214 (16 U.S.C. 460L-12), and pursuant to a contract entered into on 15 August 1972, by and between the United States of America and THE STATE OF NORTH CAROLINA (hereinafter referred to as the Contract), hereby grants to the STATE OF NORTH CAROLINA acting by and through the NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT (hereinafter referred to as the State) a lease for a period of fifty (50) years commencing on 1 October 1983 and ending on 30 September 2033 to use and occupy approximately 38,680 acres of land and water areas under the primary jurisdiction of the Department of the Army (hereinafter referred to as the Government) in the Falls Lake Project Area, hereinafter referred to as the premises, as shown on Exhibit "A," attached hereto and made a part hereof, for public park, recreational, fish, wildlife and other natural resources management purposes. THIS LEASE is granted subject to the following conditions: 1. The State shall conform to such regulations as the Secretary of the Army may issue to govern the public use of the project area, and shall comply with the provisions of the above -cited Acts of Congress. The State and the Government shall administer the lands herein granted in accordance with the "Division of Responsibilities for the Falls Lake" between the State of North Carolina and the U.S. Army Corps of Engineers, designated as Exhibit "C," attached hereto and by this reference made a part hereof. Said Division of Responsibilities may be modified or supplemented by mutual agreement in writing between the State and the District Engineer, U.S. Army Corps of Engineers, Wilmington District, hereinafter referred to as the District Engineer. The State may make and enforce such regulations as are necessary and within its legal authority, in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with provisions of the above -cited Acts of Congress. 2. The State agrees to administer the land and water areas included in the lease for recreation and fish and wildlife purposes and to bear the costs of operation, maintenance, and replacement of all facilities and improvements on the premises at the commencement of this lease or added during its term. The State agrees to administer the land and water areas included in each recreation site after notification by the District Engineer that such recreation site is available for useful operation. The District Engineer shall provide advance notice to the State of the availability date for each recreation site in order for the State to budget operating funds and make administrative arrangements. The State shall administer all other lands and water areas included in this lease as of the commencement date of this lease. As used in this lease, the term "replacement" shall be construed to mean the replacement in whole or in part of any structure or improvement so worn or damaged by any cause as to no longer adequately serve its designed function with normal maintenance. The State shall prepare and be guided by an Annual Plan of Operation and Maintenance in furtherance of the Plan of Recreation Development and Management (Master Plan) adopted pursuant to Article 2.c. of the contract and by this reference made a part hereof. During the month of January each year, the parties shall agree on the Annual Plan which shall include, but is not limited to, the following: a. A brief summary of plans for management activities to be undertaken by the State including improvements and other facilities to be constructed thereon in accordance with the contract. b. A brief report of the management, maintenance and development accomplishments of the lessee for the preceding year. C. Significant modifications of policies or procedures which have developed or are to be applied. d. Minor modifications to the Plan of Recreation Development and Management (major modifications to be accomplished by amendment of the Plan). e. Fish, wildlife and forestry work plans. 3. In addition to the fees and charges authorized under the provisions of Article 5 of the contract, the State and its sublessees may conduct such revenue producing activities as are within the scope of Article 4 of the contract. All monies received by the State from operations conducted on the premises including, but not limited to, parking fees, rental or other considerations received from its concessionaires may be utilized by the State for the administration, maintenance, operation and development of the premises. Any such monies not so utilized or programmed for utilization shall be paid to the Government at the end of each 5-year period. The first 5-year period is to begin on the date of the execution of this lease by the Government. The State will reserve at least one area at which access to the waters and shores of the lake may be reached without imposition of fees of any kind. No facilities need be provided at this area by the State, but normal maintenance and clean-up will be provided. 4. Upon the completion of initial construction, the parties hereto shall cause to be made an inventory of all improvements constructed in whole or in part with Federal funds under the terms of the contract and title to such improvements shall at all times vest in the United States in accordance with Article 2.f., of the contract. From time to time, there shall be added to said inventory such additional improvements as may be constructed pursuant to the aforesaid contract. Certain types of "Additional Facilities," including, but not limited to, restaurants, lodges, golf courses, cabins, clubhouses, overnight or vacation type structures, stables, marinas, swimming pools, commissaries, chairlifts and such similar revenue producing facilities constructed under the authority of Article 4 of the contract shall not be added to this inventory and title to such improvements shall vest in the State or its sublessees. The inventory of improvements shall include descriptions and drawings sufficient to permit their identification and condition, and to replace them, if required, during the term or on the expiration or termination of this lease. Said inventory and all amendments thereto shall be approved in writing by authorized representatives of the 4 parties hereto, and shall thereupon become a part of this lease as if originally annexed. 5. The State may grant permits and licenses, and sublease all or portions of the premises for purposes which are consistent with the terms and conditions of this lease and with the recreation development, fish and wildlife and other management plans for the operation of this project. All such grants shall state that they are granted subject to the provisions of this lease. The terms and conditions of permits, licenses, and subleases granted by the State shall first be approved by the District Engineer in writing. In order to protect the investments of sublessees, the District Engineer is authorized to approve subleases which require the Government to continue to honor such parts of the subleases which may be necessary to assure the continuation of the subleased activities upon a default which would result in a revocation of the prime lease under Condition 13 hereof. 6. The State shall establish and maintain adequate records and accounts and render annual statements of receipts and expenditures to the District Engineer, except for annual or weekly entrance fees which also are honored at other recreational areas operated by the State. The District Engineer shall have the right to perform audits of the State's records and accounts, and to require the State to audit the records and accounts of sublessees, and furnish the District Engineer a copy of the results of such an audit. 7. Rates and prices charged by the State and/or its concessionairs for accommodations, food and services furnished or sold to the public shall be reasonable and comparable to rates and prices charged for similar goods and services by others in the community and B. Everett Jordan and John H. Kerr Lakes. During the month of January each year, the State shall submit to the District Engineer lists of all rates and prices (except packaged goods) proposed for the year, and furnish justification for any proposed rate or price change. No further action will be taken unless the District Engineer finds items that are priced excessively. If items are found to be priced excessively, the District Engineer will establish prices comparable to prices charged for the same goods or services as other businesses within the same geographic area and will notify the State of the established prices. Where no change in a previously approved price list is proposed, a letter stating that the previous year's list will remain in effect for the coming year will be acceptable. The State shall post the schedule of rates and prices in conspicuous places on the premises at all times. 8. The right is reserved to the Government, its officers, agents and employees to enter upon the premises at any time to make inspections concerning the operation and maintenance of the lands and facilities provided hereunder, and for any purpose necessary or convenient in connection with river and harbor and flood control work, to flood the premises when necessary, and/or to make any other use of the land as may be necessary in connection with public navigation and flood control, and the State shall have no claim for damages of any character on account thereof against the United States or any agent, officer, or employee thereof. 9. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the State, or for damages to the property or injuries to the person of the State's 3 officers, agents, servants, employees or others who may be on the premises at their invitation or the invitation of any one of them, arising from or incident to the flooding of the premises by the Government, or flooding from any other cause, or arising from or incident to any other Governmental activities, and the State shall hold the United States harmless from any and all such claims, to the extent authorized by the North Carolina Tort Claims Act, Chapter 143, Section 291 et. seq., of the General Statutes of North Carolina, not including damages due to the fault or negligence of the United States or its contractors. 10. The State and its concessionaires shall not discriminate against any person or persons because of age, race, creed, color, sex, or national origin in the conduct of its operations hereunder. The State has furnished as part of the Contract an assurance that it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241) and Department of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations, and shall require all concessionaires to supply like assurances. The Assurance of Compliance is attached as Exhibit "B." 11. This lease is subject to all existing easements and easements subsequently granted, for roadways, and utilities and for other purposes located or to be located on the premises, provided that the proposed grant of any easement will be coordinated with the State and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the State. 12. Within the limits of their respective legal powers, the parties to this lease shall protect the project against pollution of its water. The State shall comply promptly with any regulations, conditions or instructions affecting the activity hereby authorized if and when issued by Environmental Protection Agency and/or a state, interstate or local governmental water pollution control agency having jurisdiction to abate or prevent water pollution. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, state, interstate or local governmental agency are hereby made a condition of this lease. 13. This lease may be revoked by the Secretary of the Army in the event the State violates any of the terms and conditions of this lease and continues and persists therein for thirty (30) days after notice thereof, in writing, by the District Engineer. Such a termination shall not derogate or diminish such other remedies in law as may be available to the Government, and in no way shall it act to relieve the State of its responsibilities and obligations under the Contract. In lieu of revocation, the District Engineer, in his discretion, upon a finding that a violation constitutes a health or safety hazard may suspend the use of that operation or facility until such deficiency is rectified. 14. On or before the date of expiration of this lease, the State shall vacate the premises, remove its property therefrom, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked, the State shall vacate the premises, remove its property therefrom, and restore the premises as aforesaid within such time as the Secretary of the Army may designate. In either event, if the State shall fail or neglect to remove its property and so restore the premises, then its property shall become the property of the United States without compensation 4 therefor and no claim for damages against the United States or its officers or agents shall be created by or made on account thereof. 15. All notices to be given pursuant to this lease shall be addressed, if to the State, to STATE OF NORTH CAROLINA, DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT, P.O. Box 27687, Raleigh, North Carolina 27611, if to the Government, to DISTRICT ENGINEER, U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, Post Office Box 1890, Wilmington, North Carolina, 28402, or as may, from time to time, be directed by the parties. Notice shall be deemed to have been duly given if and when inclosed in a properly sealed envelope or wrapper, addressed as aforesaid and deposited postage prepaid, in a post office or branch post office regularly maintained by the United States Government. 16. All buildings constructed on the lease premises for human habitation must have a floor elevation of 264 m.s.l. or higher. 17. The State shall not permit gambling on the premises or install or operate, or permit to be installed or operated thereon, any device which, in the opinion of the District Engineer, is contrary to good morals or is otherwise objectionable; or sell, store or dispense, or permit the sale, storage or dispensing of any intoxicating beverages on the premises not specifically authorized in writing by the District Engineer; or use the premises or permit them to be used for any illegal or immoral business or purpose; there shall not be carried on or permitted upon the premises any activity which would constitute a nuisance. 18. The Government consents to State construction, operation and maintenance of a road or street and appurtenances thereto over, across, in and upon the lands outlined in green on attached Exhibit "A," over which the United States holds a road right-of-way easement, subject to existing easements for public roads and highways, public utilities and pipelines. 19. The utility lines which serve the premises shall be shown on the Plan of Recreation Development and Management and approved in writing by the District Engineer or his designated representative prior to commencement of construction. After Government approval, the State may authorize utility companies to construct, operate, and maintain said utility lines, which serve only the premises, as an adjunct to the service contract. 20. It shall be the responsibility of the District Engineer to continue the program of archaeological survey, testing, mitigation, and preservation activities, set forth in the Memorandum of Agreement dated November 2, 1978, between the U.S. Army Corps of Engineers, the North Carolina State Historic Preservation Officer, and the Advisory Council on Historic Preservation. The aforementioned Memorandum of Agreement shall be maintained in the official records of the District Engineer. The District Engineer shall insure that appropriate inventory, evaluation, mitigation, or preservation activities are accomplished prior to recreational development, construction, or other ground disturbing activities. The State, within the limits of its legal authority, shall assist the District Engineer in the preservation and protection of significant archaeological resources located on the premises. The State shall be responsible for coordinating with the District Engineer any activi- ties which may substantially alter, damage, or result in the destruction of significant archaeological resources or archaeological resources which have 5 not been previously identified by the District Engineer. The State shall immediately notify the District Engineer of all findings of archaeological resources and shall protect these resources from further disturbance until notified by the District Engineer that proper clearance has been obtained from both the North Carolina State Historic Preservation Officer and the Advisory Council on Historic Preservation. It shall be the responsibility of the District Engineer to maintain and rehabilitate the General Mangum House, a property listed on the National Register of Historic Places, in accordance with the standards set forth in the above referenced Memorandum of Agreement prior to the State assuming any responsibility for or control of the property. After rehabilitation of the Mangum House, the State shall assume management and maintenance responsibil- ity for said property in accordance with the standards set forth in the above mentioned Memorandum of Agreement and shall be responsible for coordinating with the District Engineer any activities which may substantially alter, damage, or result in the destruction of said property. 21. The State shall not cause harm or damage to any species or their critical habitats which have been classified as threatened or endangered pursuant to the Endangered Species Act of 1973 and amendments thereto; and the State shall immediately notify the District Engineer of all initial reported sightings of said threatened or endangered species. 22. Any reference herein to the District Engineer shall be deemed to also include his authorized representative. 23. The State shall prepare and, upon approval of the District Engineer, implement plans and programs for effective forest management of the premises pursuant to Article 7 of the Contract. The proceeds derived from timber harvesting accomplished in accordance with the approved Forest Management Plan and timber harvesting accomplished to clear ,approved construction sites may be used by the State to offset maintenance and operation costs incurred pursuant to this lease. The balance of the proceeds not so used, shall be paid to the United States of America at the expiration of each 5-year period. The first 5-year period is to begin on the date of the execution of this lease by the Government. 24. The State shall administer this lease in accordance with the provisions of Title 36, Code of Federal Regulations, chapter 3, part 327. 25. All structures shall be constructed and landscaping accomplished in accordance with plans approved by the District Engineer prior to commencement of construction. The State shall keep the premises in good order and in a clean, sanitary, and safe condition, and shall at all times maintain all structures and equipment in a condition satisfactory to the District Engineer. 26. The State shall require its concessionaires and sublessees to obtain from an insurance company licensed in the State and acceptable to the Govern- ment, liability or indemnity insurance providing for minimum limits of $500,000 per person in any one claim, and an aggregate limit of $1,000,000 for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, and $100,000 for damage to property suffered or alleged to have been suffered by any person or 0 persons resulting from the operations under any agreement between the State and its concessionaires and sublessees. 27. The State shall operate and maintain the dam and spillway structure situated within the Beaverdam Creek area as shown in orange on the attached Exhibit "A" in accord with the following requirements. a. The State shall operate and maintain the entire dam and spillway structure. b. The State shall operate and maintain the intake gates and hoists in operative condition. C. The State shall provide an operator to open the gates periodi— cally (bimonthly) for testing and extreme droughts. d. The State shall maintain all multilevel intake gates in the closed position in order for the Beaverdam Creek Reservoir to fluctuate with the Falls Lake above elevation 249 feet m.s.l., the spillway crest elevation of Beaverdam Creek Dam. In a critical dry period when water stored in the Beaverdam Creek Reservoir is needed to meet water supply and low flow requirements, the District Engineer may require the State to partially or completely open the intake gates whenever the Falls Lake level drops below elevation 240 feet m.s.l. e. The right is reserved to the Government, its officers, agents, and employees to enter upon the dam and related structures to make inspec— tions concerning its operation and maintenance and to assume complete control and operation of the dam and related structures when, in the opinion of the District Engineer, emergency conditions exist or for any other purpose as may be necessary in connection with public navigation and flood control, and the State shall have no claim for damages of any character on account thereof against the United States or any officer, agent, or employee thereof. f. The State shall operate and maintain the dam and related structures in a manner subordinate to and consistent with the Government's operation of the Falls Lake Project and shall be subject to such rules, regulations or directives as may be prescribed by the District Engineer. The District Engineer shall assist the State in the preparation of a maintenance and operations manual for the dam, spillway, intake gates, hoists, and appurtenant facilities and shall assist the State in the instruction and training of State personnel in connection with said work. Any alterations or modifications to the dam and related structures and its operation thereof are subject to the approval of the District Engineer. 28. Upon the expiration of this lease, this lease may be extended by mutual agreement for an additional period, provided, however, that nothing herein shall be construed as obligating either the Government or the State to enter into an extension of this lease beyond the term herein provided. 29. It is understood that nothing herein shall obligate the State to act in any manner in violation of the statutes or constitution of North Carolina, provided, however, that this condition shall in no way act to relieve the State of its legal responsibilities and obligations under the contract and this lease. 7 IN WITNESS WHEREOF I have hereunto set my hand by direction of the Assistant Secretary of the Army (IL & FM) this _ day of X,,JA , 19--ft. Signed and sealed in the presence of: 41 pcTty THIS LEASE is also executed by the State this 360day of A/ *fe.%t 1n/ , 19 d --------- (Seal) Signed and sealed in the presence of: STATE OF Title: / LINA C M STATE OF NORTH CAROLINA COUNTY OF WAKE 1 , a Notary Public in and for the County and State aforesaid, do hereby certify that JAMES B. HUNT, JR. Governor of the State of North Carolina, and THAD EURE, Secretary of State of State of North Carolina, personally came before me this day and being by me duly sworn says each for himself that he knows the Great Seal of the State of North Carolina and that the seal affixed to the foreoing instrument is the Great Seal of the State; that JAMES B. HUNT, JP.., Governor of said State, and THAD EURE, Secretary of State, subscribed their names thereto, all by virtue of a resolution of the Council of State; and that said instrument is the act and deed of the State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the �Jjt.� t day of k--4 -(; y', - - "1' , 1983. Notary Public My Commission Expires: I % ® :i- iti gip. ACKNOWLEDGMENT COMMONWEALTH OF VIRGINIA ) ss COUNTY OF ARLINGTON ) BEFORE ME, a Notary Public in and for the Commonwealth of Virginia, County of Arlington, personally appeared, 7_ , to me known to be the identical person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the said instrument in the capacity therein stated for the purposes therein expressed as the act and deed of the United States of America. GIVEN under my hand and seal, this -44 day ofb�C1/� 19 �� NOTARY PUBLIC C,4:�,I?_�_ (SEAL) My Commission Expires: ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 State of North Carolina__ _ (hereinafter called "Applicnnt-Recipient") (Name of Applicant- It(cipient) IIEREBY AGREES THAT it will comply with title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Di- rective of the Department of Defense (32 CFR Part 300, issued as Department of Defense Directive 5500.11, December 28, 1964) issued pursuant to that title, to the end thnt, in accordance with title VI of that Act and the Directive, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Appli- cnnt-Recipient receives Federal financial assistance from Dept. of the (Component of the Army and HEREBY GIVES ASSURANCE THAT it will immediately Department) take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant -Recipient by this Dept. of the Army , assurance shall obligate the Applicant-Recip- (Component of the Department) ient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the pro- vision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant -Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant -Recipient for the period during which the Federal financial assistance is extended to it by Dept. of the Army (Component of the Department) THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the (late hereof to the Appli- cnnt-Recipient by the Department, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such ditto. The Applicant -Recipient recognizes and agrees that such Federal financial assistance will be oxlended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant -Recipient, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of th licant-Recipient. Dated � STATE 0 NORTH CAROLINA _' " - Governor a .-Leigh, No (Applicant-R ipient's Mailing Addr EXHIBIT "B" DIVISION OF RESPONSIBILITIES FOR FALLS LAKE Lease No. DACW21-1-81-2614 FALLS LAKE PLANNING AND DESIGN FUNCTION 1. Planning and Design Activities Responsible Agency Corps State Master Plan JR JR Feature DM's JR JR Plans and Specs. JR JR Master Plan Updated Consultant Selection JR JR Approval of M.P. JR JR Approval of D.M.'s JR JR Approval of P. & S. JR JR Approval of M.P. Updates JR JR Approval of Subleases A/M/r PR CONSTRUCTION FUNCTION 2. Construction Activities Project Construction PR A Contract Administration PR A Inspection PR A Acceptance PR A "As Built" Modify MP PR A OPERATIONAL FUNCTION (OPERATIONS, MAINTENANCE, REPLACEMENT, AND REAL ESTATE) 3. Forest Management Activities (All Areas) Forest Mgt. Plan Execution M PR Fire Suppression A PR Incidental Tree Removal and Replacement JR JR Major Tree Removal (Timber Harvesting) A/M/r PR Reforestation A/M/r PR FMP Preparation A/M/r PR Annual Work Plan A/M/r PR Plan Approvals PR A Reports JR JR EXHIBIT "C" Responsible Agency Corps State 4. Mosquito Control Activities (All Lands) Mosquito Control Plan Execution PR A/M Drainage Improvements (Initial) PR A/M Drainage Improvements (Future) PR A/M Mosquito Control Plan PR A M.C.P Approval PR r Annual Reports PR A 5. Water Quality Control Activities (All Lands) Aquatic Weed Control PR A/r Monitoring Water Quality in Impoundment A/M/r PR 6. Encroachments (All Lands) Boundary Lines Boundary Inspections PR A Appraisals of Timber Encroachments PR A Surveying of Building Encroachments PR Periodic Reestab. and Remarking Boundary PR Reporting of Encroachments PR A Encroachment Prevention Program PR A/M Resolution of Encroachments PR A 7. Fish and Wildlife Activities (All Lands) Devel. F&WL Mgt. Plan JR JR Endangered Species Mgt. PR A F&WL Mgt. Plan Execution A/M/r PR Devel. Annual Work Plan A/M/r PR Reports A/M/r PR 8. Shoreline Maintenance (Developed Recreation Areas) Periodic Removal of Driftwood and Debris M PR* Rebrushing M PR* Stump Removal M PR* Control of Major Erosion PR M *After 2 full years of impoundment. Responsible Agency Corps State 8A. Shoreline Maintenance (All Other Areas) Period of Removal of Driftwood and Debris PR A/M Rebrushing PR A/M Stump Removal PR A/M Control of Erosion PR A/M 9. Safety Administration (All Areas Except Damsite) Prepare Safety Plan A/M/r PR Water Safety Education A/M/r PR Patrol Waters A/M/r PR Operate and Maintain Designated Swim Areas A/M/r PR Establish Safety Rules at Designated Swim Areas A/M/r PR Provide Safety Equipment at Designated Swim Areas A/M/r PR Monitor and Correct Safety Hazards on Lands A/M/r PR Reports A/M/r PR 10. Recreation Site Management Activities Maintain and/or Replace Roads A/M/r PR Maintain and/or Replace Rec. Facilities A/M/r PR Trash Collection A/M/r PR Maintain Toilet and Shower Buildings A/M/r PR Mowing A/M/r PR Maintain Structures Adaptable to Project Use A/M/r PR Maintain Piers and Bulkheads A/M/r PR Visitor Centers and Personnel A/M/r PR Maintain Visitors Centers A/M/r PR Visitor Control A/M/r PR Law Enforcement A/M/r PR Maintain Water Supply Sources A/M/r PR Maintain or Monitor Wastewater Treatment A/M/r PR Maintain or Replace Signs, Markers, and Buoys A/M/r PR Reports and Statistics of Rec. Use and Costs A/M/r PR 11. Land Management Activities (Damsite Areas Maintain or Replace Roads PR Const. Minor Fac. and Roads PR Trash Collection PR Maintain Reservoir Mgt. Fac. PR Mowing PR Maintain Piers and Bulkheads PR Responsible Agency Corps State Dam Operation PR Dam Maintenance PR Maintain or Replace Signs or Markers PR Reports and Statistics PR 0&M Budget Preparation PR 12. Archeological and Historical Management PR A/r 13. Maintain Boat Launch Ramps (a) Recreational Sites PR (b) Operational Area/Not included in Lease Premises PR (c) Public Safety and Convenience PR 14. Use Allocation of Reservoir Waters (Water Allocation JR JR Plan) Use Allocation Enforcement PR CODE: PR - Primary Responsibility. The agency having primary responsibility is that agency acocuntalbe to insure that all functions of a given task are fully implemented. If the agency with secondary responsibility fails or declines to participate, the primary agency may complete the task unilaterally. JR - Joint Responsibility. Both agencies are equally accountable/responsible for the functions required to insure full implementation of a given task. A - Assist. Agency with "assist" responsibility will be provided an opportun- ity to participate in the activity of a given task prior to the finaliza- tion of the task. To "assist" should not automatically impose a monetary burden on the assisting agency. However, it is active participation upon request of the agency having primary responsibility. M - Monitor. To monitor is to remain aware of the activities comprising a given task to insure fulfillment of the other agency's responsibilities. This should not be interpreted to mean detailed inspection of activities on a regular schedule, but it is passive participation, without having to be requested, at the discretion of the monitoring agency. r - Review and Approve. This means to survey or inspect the document or instrument for accuracy and content with the power to veto/disapprove the document/action for cause.