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Home My WebLink AboutWQ0003067_More Information (Received)_20230210Prepared by: Ed Finley Raleigh, NC FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC February 10, 2023 11 5316 AM ESMT # Pages: 4 Fee.$26.00 NC Revenue Stamp:$0.00 FILE # 1791246 V' Compliance Boundary Easement for the Benefit of C&P Enterprises, Inc. and Notice of Permit submitted electronically by "Gwynn, Edwards & Getter, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret county Register of Deeds. STATE OF NORTH CAROLINA Compliance Boundary Easement for the Benefit of C&P Enterprises, Inc. and Notice of Permit COUNTY OF CARTERET OCEAN BAY VILLAS HOMEOWNERS ASSOCIATION (GRANTOR) TO C&P ENTERPRISES, INC. (GRANTEE) This easement ("Easement") is granted by the Ocean Bay Villas Homeowners Association ("Grantor") to C&P Enterprises, Inc. ("Grantee"), the owner and permit holderforthe wastewater collection, treatment, and high -rate infiltration facility ("Facility") on the property adjacent to the Grantor's property that provides wastewater service to the Ocean Bay Villas and Ocean Glen Condominiums in Carteret County, North Carolina. WHEREAS, a review of the records of the Division of Water Resources of the North Carolina Department of Environmental Quality (NCDEQ-DWR) shows that the Facility was modified on August 8, 2003; therefore, the compliance boundary has been delineated in accordance with 15A NCAC 02L .0107(b). The compliance boundary is established at a horizontal distance of 250 feet from the waste boundary, or 50 feet within the property boundary, whichever is closer to the source. According to the site map submitted with the C&P Enterprises, Inc. permit renewal application received by DWR on August 22, 2022, there are areas along the waste boundary that are as close as 25 feet to the property line of Parcel No. 6344-05-19-4326000 owned by the Grantor. WHEREAS, in accordance with the 15A NCAC 02L Groundwater Classifications and Standards rules (hereby referred to as 02L Rules), a compliance boundary is defined as the boundary around the waste disposal area of a waste disposal system at and beyond which groundwater standards may not be exceeded. The compliance boundary concerning this project would be located within the waste boundary because 50 feet within the property boundary is closer to the source, which is not compliant with the 02L Rules. WHEREAS, to become compliant with the 02L Rules the following is required: in accordance with 15A NCAC 02L .0107(k), execute an easement or agreement with the neighboring property owner allowing the compliance and review boundaries to be located closer to the property line, which allows the compliance boundary to be located around the waste boundary (i.e., up to the property line). This easement must be filed in the Carteret County Register of Deeds and include a notice of permit, the permit number, and the description and type of the permit. 1 I 1 J If&TV WHEREAS, this Easement shall serve as the notice of permit, the permit number is WQ0003067, and the description of the type of permit is a permit to operate the Ocean Bay Villas & Ocean Glen Condos WWTP High -Rate Infiltration System in Carteret County. NOW THEREFORE, receipt of which is hereby acknowledged, Grantor does hereby grant an easement to the Grantee authorizing and allowing the compliance boundary to be located around the waste boundary, ( i.e., a 25-foot easement) up to the property line of Parcel No. 6344- 05-19-4326000 owned by the Grantor. Once notarized this instrument shall be recorded at the Register of Deeds in Carteret County. A copy of the recorded waiver shall be sent to the following address: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh NC 27699 -1617 2 1 1 J ILTV IN WITNESS WHEREOF, the undersigned has executed and delivered the EASEMENT under seal this the r)f day of �1.�, �.�c�_r �� 2023. S} nature d0cean Bay Villas —Homeowners Association Representative NORTH CAROLINA, cc\ti VF CCA COUNTY i l` I, the undersigned Notary Public do hereby certify that .,)olc t� t'tOaY-11CA personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this the :�C 2023. Signature and seal:11 �1 J�110 My commission expires: i �A-21Q Accepted on behalf of C&P Enterprises, Inc. by: Signature of Melanina Pittari NORTH CAROLINA, NISLY-e— COUNTY I, the undersigned Notary Public do hereby certify that I y 4-e 6I (, �1�'I(�'► personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this the 1 2023, Signature and seal: My commission expires: day of 1+,,,µ�lBE Lq lnnupgryfl. c V 1 �OTARy•. C, ,p: AVBL\ �+r111711J 1111 NI111,j;st 9 Prepared by: Ed Finley Raleigh, NC FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC February 10, 2023 11 53 16 AM WAIVER # Pages: 2 Fee:$26.00 NC Revenue Stamp:$0.00 FILE # 1791247 State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE WASTEWATER SYSTEM WAIVER AGREEMENT TO WAIVE SETBACKS AS REQUIRED BY 15A NCAC 02T .0506(a), .0506(b), .0606(a), AND .0706(a) (printed name), certify that I am a deeded owner or an authorized agent of the property located at: Address: (p f7 () '(t �� r Pa�- . { Parcel No.; City: �► f ne- Kn of I ` tiknrr S State: "C- Zip Code: a 0 `s tiq County: ('()r4e-fe - Furthermore, I certify that I am authorized to make decisions regarding this property, and that I do hereby agree that the setback distances cited below be granted to the Applicant/Permittee listed on the following page. I understand the setback requirements set forth in 15A NCAC 02T. For the parcel identified above, I consent to the following reduced setbacks: ® Wastewater Irrigation/Infiltration Setback to Pronerty Lines The required setback of 50 feet is reduced to 25 feet, thereby allowing wastewater effluent irrigation or infiltration no closer than 25 feet from my property line. ❑ Wastewater Irritation/Infiltration Setback to Places of Assembly The required setback of feet is reduced to feet, thereby allowing wastewater effluent irrigation or infiltration no closer than feet from my residence(s) or place(s) of assembly. ❑ Wastewater Treatment and Storage Unit Setback to Property Lines The required setback of feet is reduced to feet, thereby allowing the construction of wastewater treatment and storage units no closer than feet from my property line. ❑ Wastewater Treatment and Storage Unit Setback to Places of Assembly The required setback of feet is reduced to feet, thereby allowing the construction of wastewater treatment and storage units no closer than feet from my residence or place of assembly. --- Signature: Date: 0,2 - r A — ;�2 Co FORM: NDWSW 12-20 Page 1 of 2 submitted electronically by "Gwynn, Edwards & Getter, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret county Register of Deeds. ApplicantlPertnittee: C & P Enterprises, Inc. Address: 2805 Poplar Grove Court Permit No.: WQ0003067 Parcel No.: 634405194260000 City: Raleigh State: NC Zip Code: 27613 County: Wake NORTH CAROLINA, Cram: COUNTY I, H tit 1` �a•,z:�s 1r. , a Notary Public for County, North Carolina, do hereby certify that kAok+r t- A personally appeared before me this day and acknowledged the due execution of the foregoing instrument. �8 � Witness my hand and official seal, this the ` day of ]F_, SEAL `-�. ; %•�� p'TARY ' r PU�LtG 1 ti Signature of Notary Public My commission expires Once notarized, this form shall be recorded at the Register of Deeds in the county or counties in which the described properties are located. A copy of the recorded waiver shall be sent to the following address: Division of Water Resources Non -Discharge Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 FORM: NDWSW 12-20 Page 2 of 2