HomeMy WebLinkAboutWQ0003271_Renewal Application_20230621Initial Review
Reviewer Nathaniel.Thornburg
Is this submittal an application? (Excluding additional information.) *
Yes No
Permit Number (IR) * WO0003271
Applicant/Permittee Carolina Water Service, Inc. of North Carolina
Applicant/Permittee Address P.O. Box 240908 Charlotte NC 28224
Is the owner in BIMS? Yes No Is the facility in BIMS? Yes No
Owner Type Organization
Facility Name Hestron Park WWTP
County Carteret
Fee Category Major
Is this a complete application?*
Yes No
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Does this need review by the hydrogeologist? * Yes No
Regional Office
CO Reviewer
Admin Reviewer
Fee Amount $0
Complete App Date
06/21 /2023
Below list any additional email address that need notification about a new project.
Email Address
Comments to be added to email notfication
Comments for Admin
Comments for RO
Comments for Reviewer
Comments for Applicant
Submittal Form
Project Contact Information
Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence.
Name* Tony Konsul
Email Address*
Tony.Konsul@carolinawaterservicenc.com
Project Information
.........................
Application/Document Type*
New (Fee Required)
Modification - Major (Fee Required)
Renewal with Major Modification (Fee
Required)
Annual Report
Additional Information
Other
Phone Number*
704-576-1685
Modification - Minor
Renewal
GW-59, NDMR, NDMLR, NDAR-1,
N DAR-2
Residual Annual Report
Change of Ownership
We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form.
https://edoes.deq.nc.gov/Forms/NonDischarge_Monitoring_Report
Permit Type:*
Wastewater Irrigation
High -Rate Infiltration
Other Wastewater
Reclaimed Water
Closed -Loop Recycle
Residuals
Single -Family Residence Wastewater
Other
Irrigation
Permit Number:*
WQ0003271
Has Current Existing permit number
Applicant/Permittee *
Carolina Water Service, Inc. of North Carolina
Applicant/Permittee Address*
P.O. Box 240908 Charlotte NC 28224
Facility Name*
Hestron Park WWTP
Please provide comments/notes on your current submittal below.
CWSNC formally requests to renew the permit stated above.
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at nathaniel.thornburg@ncdenr.gov.
Please attach all information required or requested for this submittal to be reviewed here.
(Application Form, Engineering Plans, Specifications, Calculations, Etc.)
Hestron Park Permit Renewal 06.21.2023.pdf 11.72MB
Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger
than upload limit.
* By checking this box, I acknowledge that I understand the application will not be accepted for pre -review until the fee (if required) has
been received by the Non -Discharge Branch. Application fees must be submitted by check or money order and made payable to the
North Carolina Department of Environmental Quality (NCDEQ). I also confirm that the uploaded document is a single PDF with all parts
of the application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Signature
Submission Date
9�91 04/
6/21 /2023
Carolina Water Service
of North Carolina""
May 30, 2023
NC DENR
Division of Water Resources
Non -Discharge System Renewal
1617 Mail Service Center
Raleigh NC 27699-1617
Re: Hestron Park WWTP
WQ00032371
Renewal Request
Dear Sir/Madame,
Please find enclosed Application and attachments and consider this letter as our official request to
renew the NPDES permit for the facility referenced above.
If you should have any questions or need any additional information, please do not hesitate to call me at
704-319-0523 or by email at Tony.Konsul@Carolinawaterservicenc.com .
Thank you in advance for your attention.
Sincerely,
Digitally signed by Tony Konsul
DN: C=US. OU="Director. State Operations O=Carolina
Tony Ko n s u I Water Service this
Konsul
E=Tony.Konsul@carolin�aterse�icenc.com
Reason: am approving this document
Location: 5821 Fairview Rd, suite 401 Charlotte NC 28209
Date: 2023.06.21 09:56:40-04'00'
FoAt PDF Editor Version. 11.2.5
Tony Konsul
Director, State Operations
5821 FairviewRoad • Charlotte, North Carolina 28209 • (800) 525-7990
DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of Water Resources
M1110reffeil►-4IOUX1I1MIIMIe:LvYDO101IIINY:LVYU101 MIRMYDI►AMN00011131.11
FORM: HRIS-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 .0700, 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: Carolina Water Service Inc., of North Carolina
2.
Permit No .: WQ003271
3.
Signature authority: Tony Konsul
Phone number: (704) 319-0523 Select
Title: Director, State Operations
Email: Tony.Konsul(ocarolinawaterservicenc.com
4.
Mailing address: P.O. Box 240908
City: Charlotte
State: NC Zip: 28224-908
5.
Contact person: Tony Konsul
Primary phone number: (704) 576-1685 Select
Email: Tony.Konsulgacarolinawaterservicenc.com
Secondary phone number: (704) 319-523 Select
SECTION II — FACILITY INFORMATION
1. Physical address: 216 Highway 24
City: Morehead City
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: 34.735' Longitude:-76.805'
County: Carteret
State: NC
Method: Address matching
Parcel No.: 635612954747000
Zip: 28557-
SECTION III — FLOW INFORMATION
1.
Permitted flow: 67000 GPD (The maximum allowable flow based on what has been permitted)
2.
As -built flow: 67000 GPD (The maximum allowable flow based on what has been constructed)
3.
Average flow: 11070 GPD (The average of all reported flows on the previous calendar year's NDMRs)
4.
Hydraulic capacity: 0 % (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: P.O. Box 240908
City: Charlotte State: NC Zip: 28224-0908
2. Verify the Applicant does not have any overdue annual fees:
https://deq.nc. gov/about/divisions/water-resources/water-resources-permits/wq-epayments
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: HRIS-R 02-21 Page 1 of 6
DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of Water Resources
M1110reffeil►-4IOUX1I1MIIMIe:LvYDO101IIINY:LVYU101 MIRMYDI►AMN00011131.11
FORM: HRIS-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 .0700, 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: Carolina Water Service Inc., of North Carolina
2.
Permit No .: WQ003271
3.
Signature authority: Tony Konsul
Phone number: (704) 319-0523 Select
Title: Director, State Operations
Email: Tony.Konsul(ocarolinawaterservicenc.com
4.
Mailing address: P.O. Box 240908
City: Charlotte
State: NC Zip: 28224-908
5.
Contact person: Tony Konsul
Primary phone number: (704) 576-1685 Select
Email: Tony.Konsulgacarolinawaterservicenc.com
Secondary phone number: (704) 319-523 Select
SECTION II — FACILITY INFORMATION
1. Physical address: 216 Highway 24
City: Morehead City
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: 34.735' Longitude:-76.805'
County: Carteret
State: NC
Method: Address matching
Parcel No.: 635612954747000
Zip: 28557-
SECTION III — FLOW INFORMATION
1.
Permitted flow: 67000 GPD (The maximum allowable flow based on what has been permitted)
2.
As -built flow: 67000 GPD (The maximum allowable flow based on what has been constructed)
3.
Average flow: 11070 GPD (The average of all reported flows on the previous calendar year's NDMRs)
4.
Hydraulic capacity: 0 % (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: P.O. Box 240908
City: Charlotte State: NC Zip: 28224-0908
2. Verify the Applicant does not have any overdue annual fees:
https://deq.nc. gov/about/divisions/water-resources/water-resources-permits/wq-epayments
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: HRIS-R 02-21 Page 1 of 6
DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of Water Resources
M1110reffeil►-4IOUX1I1MIIMIe:LvYDO101IIINY:LVYU101 MIRMYDI►AMN00011131.11
FORM: HRIS-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 .0700, 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: Carolina Water Service Inc., of North Carolina
2.
Permit No .: WQ003271
3.
Signature authority: Tony Konsul
Phone number: (704) 319-0523 Select
Title: Director, State Operations
Email: Tony.Konsul(ocarolinawaterservicenc.com
4.
Mailing address: P.O. Box 240908
City: Charlotte
State: NC Zip: 28224-908
5.
Contact person: Tony Konsul
Primary phone number: (704) 576-1685 Select
Email: Tony.Konsulgacarolinawaterservicenc.com
Secondary phone number: (704) 319-523 Select
SECTION II — FACILITY INFORMATION
1. Physical address: 216 Highway 24
City: Morehead City
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: 34.735' Longitude:-76.805'
County: Carteret
State: NC
Method: Address matching
Parcel No.: 635612954747000
Zip: 28557-
SECTION III — FLOW INFORMATION
1.
Permitted flow: 67000 GPD (The maximum allowable flow based on what has been permitted)
2.
As -built flow: 67000 GPD (The maximum allowable flow based on what has been constructed)
3.
Average flow: 11070 GPD (The average of all reported flows on the previous calendar year's NDMRs)
4.
Hydraulic capacity: 0 % (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: P.O. Box 240908
City: Charlotte State: NC Zip: 28224-0908
2. Verify the Applicant does not have any overdue annual fees:
https://deq.nc. gov/about/divisions/water-resources/water-resources-permits/wq-epayments
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: HRIS-R 02-21 Page 1 of 6
SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION
1. ORC: Stacy Goff
Grade: 4 Certification No.: 99882
Mailing address: P.O. Box 240908
City: Charlotte
State: NC Zip: 28224-908
Phone number: (704) 525-7990 Office
Email: Stacy.Goff@carolinawaterservicenc.com
2. Back -Up ORC: Anthony Futrell
Grade: 4 Certification No.: 1013266
Mailing address: P.O. Box 240908
City: Charlotte
State: NC Zip: 28224-908
Phone number: (704) 525-7990 Office
Email Anthony.Futrell@carolinawaterservicenc.com
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
635612954747000
100,000
Full, metal
34.734910
-76.804930
Treatment/Storage
635612954747000
7,500
Full, metal
34.734910
-76.804930
Treatment/Storage
635612954747000
8,400
Full, metal
34.734910
-76.804930
Treatment/Storage
635612954747000
2,800
Full, metal
34.734910
-76.804930
SECTION VII — RELATED PERMITS
Liastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit.
7AtsttaEchadditionalsheets 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
MW-1
635612954747000
Active
Select
Select
34.7353410
-76.8040270
MW-2
635612954747000
Active
Select
Select
34.7342950
-76.8040270
MW-3
635612954747000
Active
Select
Select
34.7342130
-76.8055940
MW-4
635612954747000
Active
Select
Select
34.7343910
-76.8044560
MW-5
635612954747000
Active
Select
Select
34.7352580
-76.804910
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
FORM: HRIS-R 02-21 Page 2 of 6
SECTION IX — INFILTRATION SITES
7-List all infiltration sites associated with the renewing permit. Attach additional sheets if necessary.
e
County
Parcel No.
Deeded Owner
Area
Cover Crop
Latitude
Longitude
1
Carteret
635612954747000
Tripp Betty Peter MHC,LLC
0.18
Grass
34.7346160
-76.8044440
2
Carteret
635612954747000
Tripp Betty Peter MHC,LLC
0.18
Grass
34.7351490
-76.8043550
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:
0.36
FORM: HRIS-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 .0704(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 infiltration areas.
❑ Soil mapping units shown on all infiltration 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 infiltration sites.
❑ Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108.
❑ Setbacks as required by 15A NCAC 02T .0706.
❑ Site property boundaries within 500 feet of all wastewater treatment, storage, and infiltration sites.
❑ All habitable residences or places of public assembly within 500 feet of all treatment, storage, and infiltration 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(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 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(I).
® No — Skip Attachment C.
E 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 .0I 15(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: HRIS-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.
❑ 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, infiltration, and groundwater
lowering (if applicable) 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, infiltration, and groundwater
lowering (if applicable) 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 SCHEDULE
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.
I � ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS I
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: HRIS-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 .0704(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 .0706(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 Tony Konsul 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.
a.o
Tony Ko n s u I �� �� a ad- b mox.ro .w.�,� r.o. .
Signature: �g zez� Date: 06/21/2023
THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA:
Email:
Non-Discharge.Ret)o rts(&ncdenr.2ov
Lasertiche Upload:
httt)s:Hedo cs.deci.nc.gov/Fo rm s/NonDischarge-Branch-
Submittal-Form-Ver2
FORM: HRIS-R 02-21 Page 6 of 6
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
635612954747000
4,935
Metal
34.73491
-76.80493 0
Treatment/Storage
6356129547470001
4,241
Metal
34.73491
-76.80493 °
°
°
UOPA
AGREEIbmr FOR SS l�ARK r5RYICE
D 0
Sl
i A
Phis Agreement is entered into this v.LA day of July, 1986 by and
between ilesiroa Corporation, Inc„ a North Csiroliaa corporation (hereinafter
referred io as 'developer'), and Carolina Water Service, Inc. of North Carolina,
(hereinafter referred to as 'Utility').
IITNES,SIET1111
WHEREAS, Developer is the owner of certain seal estate in Carteret
County, North Carolina encompassing approximately 142 acres of land located
west of Morehead City; known as llestron Park; and more fully described on a
map prepared by James L. Powell which Is attached hereto as Exhibit 1, and
WHEREAS, Developer is In the process of developing the real estate into a
residential development and a commercial park which will contain a shopping
mall and numerous other commercial establishments when completed. The
Term "Development" as used in this Agreement refers to all of the above -
described land, and
WHEREAS, Utility Is a North Carolina public utility engaged in the
business of furnishing water and sewer service to the public in various areas
throughout North Carolina. 'rho Utility desires to have constructed and
installed, and the Developer desires to construct and install a sanitary sewer
system in the Development subject to the terms and conditions of this
Agfeamenl.
WHERESFORE, In consideration of tite mutual covenants hereinafter set
forth, ilia parties hereto agree as follows:
ARTICLE ,-I-
Renresenletlons end Warrantlip s of Developer
1. The developer represtols and warranis:
a. That it owns the real estate in the Development. That said real estate
Is either owned by Charles Hester or lieslron Corporation. Inc.
b. That it will cooperate fully with the Utility in any and all
applications or petitions to public authorities deemed necessary or
desirable by the Utility in connection with ilia construction and
installation of the sewer system contemplated by this Agtaement
for so long as petitions are in conformity with this Agreement.
la
C. That it will cooperate tally will, the Utility in leasing to the Utility
Ian area of land as shown on Exhibit 2 on which will be placed a
sawsge treatment disposal plant (pereinafesr referred to as S.T.P.
Land).
d. That it will convey to tho Utility or provide by recorded subdivision
plats such easements of rights or way as the Utility may seasonably
require for the Utility's performaned Of its obligalions under Article
11 of this Agreement.
-HHTICLE 1f
011illglallons nr 111111110 and 1sese of inclillles
1. Within 20 days following the execution of this Agreement, the Utility will
flit a pension with site North Carolina Utilities Commission ('the
Commission');
a. requesting Ilia issuance by the Commission of a Certificate of Public
Convenience and Necessity authorizing the, construction, operation
and maintenance of a public sewage collection and treatment system
to provide sewer service to file public, in the Development, and
IS. requesting an order of ilia Commission authorizing performance by
the Utility of this Agreement and sulhorizing rates, rules,
regulations and terms and conditions of service for sewer service in
the Development. The Utility will also seek any necessary approvals
for the construction, installaiion and Operation of a sewage
treatment plant and collection system in fist Development from all
necessary public authorifies.
2. At the request of Developer, Utility will perform certain management
services on behalf of Developer. Including but not limited to, the
following:
A. Provide consulting services to Developer concerning facilities type,
quality, size and location if anti as requested by Developer.
IS. Coordinate engineering plans with representatives of Developer.
Developer's engineers, the North Carolina Department of !lumen
Resources and other applicable regulatory bodies.
C. Inspect the construction and installation of all the sewer facilities to
be installed to thti 0evelopincn,
M
d. Attend public hearings and meetings with varlous regulatory
ASCOC14S and representatives of Developer.
e. Assiat in secaring necessary easements and rights of way for sower
facilities installation,
3. Developer shall login the lower facilities installed within the
Development. and the S.T.P. Land to Utility for a period of five years from
the date of this Agreement. Upon the expiration of sold five year lease
period. Utility shall be given ilia option to purchase ilia sewer facilities
and equipment at the price and under Ilse conditions set forth in Article
Ill herein.
9. Utility shall make the following payments to Developer for the lease of
ilia sewer facilities and equipment {the 'Pacllities" as hereinafter
defined) and the S.T.F. Land for Ilia five year lease term as follows:
a. An initial lease payment in the amount Of $10,000 at such lima as the
sewage treatment plant is completed and operational and providing
service thereby.
b. Tour additional annual lease payments in ilia amount of S1,300 per
year, commencing July 1, 1987 and terminating with the final least
payment due on July 1, 1991.
RRYIEtt Ill
flnlion to Purcheae fecilllle.a
Upon the expiration of the five year lease. Utifily shall be given an option, for
an additional six month period, to purchase the Facilities within the
Dtvatopmeni for the following consideration:
A. Current and deferred purchase payments in the amount of $100 for
cacti residential at conin►ercial cusinnter equivalent t'Cusaou►ar
Equivalent") attaching to the sewer system in ilia Development,
commencing with the 150111 Customer Equivalent and continuing
throughout the Development. Far the purposes of this agreement a
Customer Equivalent shall be calculated based upon a sustained
average water consumption of gewoge effluent discharge of 330
gallons per day. 'rhe current portion of the purchase payment shall
be based upon the Customer Equivaltt►is connected to ilia Facilities
on the date of the purchase nptiun excersixe by Utility
b. Contingent purchase payments will be made by Utility to Developer
semi-aanustiy, hosed upon the tower Customer Equivalents
connected within the Development during the preceding six month
period.
C. All of the Facilities Installed by Developer pursuant to this
Agreement %hail become the property or the Utility, free and clear
of all liens and encumbrances, upon the exercise of this purchase
option. Developer shalt execute all conveyances, licenses and other
documents reasonably requested by Utility as necessary or desirable
in its opinion to Insure its ownership of, ready access to, and
operation and maintenance of the Facilities. Developer shall
furnish Utility with lien waivers in a form satisfactory so Utility's
counsel from Developer and from all suppliers, subcontractors and
all others who fnruish labor, equipment, materials, rentals, or who
perform any services In connection wish construction hereunder.
Developer &&roes to provide to Utility documentary evidence. In
form satisfactory to Utility. sufficient to establish the original cost
of the Facilities. Utility shall have at all times all right, title and
Interest in and to the Fucilisles as set forth In this Agreement.
ONicia . 10
toes Tau -On ..or_ _Connection Lens_
Utility hereby a&fees to reimburse Developer for any and all tap•in or
connection fees received from customers connecting to the sewer system In the
Development and taking service thereby. No sewer tap -on or connection fee, �J „�y�
tF�^" f1`1_
will be charged by Utility unless specifically requested by Developer in writing. -g .
As Developer develops its properly for either lease or sale, Developer reserves
the right to negotitate directly with said Purchaser ur proposed Lessee as to
What tap -on fee Developer will charge In PufchaSef to tie into the existing
sewage system.
IIRTIrt_E U
It is the intention of the parties hotel* that lire S.T.P. Land will be leased to
Utility during the first five years of ibis Agreement purseaat to the leans and
conditions of Article 11 herein. its the event U011r elects ter tecrrist its np1145n
to purchase the Facilities at the expiration of said five year lexsc perlod,
4
Developer Itereby agrees to extend the lease oa the S.T.P. Land far an additional
93 years, for a loose consideration of one huodrad dollars ($100) per year.
In the event that at any time during the period or the S.T.P. Land lease, Utility
connacis its $ewes* collection facilities to a municipal or county sewage system
and accordingly Is able to abandon or discontinue use of its sewage treatment
facilities, it is understood and agreed by the parties hereto that the S.T.P. Land
lease will terminate within slx months of the date of such connection. At such
time. Utility will have no farther rights to utilize such S.T.F. Land antess
otherwise permitted or agreed to by Developer.
A RT L E.IL.._.II I
Lonstruction and InateNetlets _ at _ Fatllltlsta BU Oapploner.
1. Developer will install, or will have installed by others, the Facilities
tbioughout the Development as specified and described in the
engineering drawing prepared by Stroud Engineering Company and
attached hereto as Exhibit 2. Such Facilities, when installed, will meet or
exceed the engineering design specifications and capacity requirements
contained In ]Exhibit 2. All plans, specifications and construction shall be
in accordance wish applicable standards, requirements, rafts and
regulations and agencies of the States of North Carolina and Cartaret
County.
2. The Facilities will include, but are not limited ttt, all necessary sewage
treatment and collection facilities, including a 100.000 gallon -per -day
Sewage treatment plant with tertiary treattent and rotary distributors,
mains, service lines, lift stations, and all also reasonably required to
provide adequate sanitary sewage Service to customers connecting to the
$swag* system within the Development. The sewage treatment plant will
meet all treatment and effluent limits and criteria as required by the
North Carolina Department of human Resources and other federal, state
and local authorities.
3. All materials used Shall be new, first-class, and suitable: for the uses evade
thereof.
4. Developer guarantees all construction, materials, workmanship, and the
trouble -free operation of the Facilities far sta months after comPletmn nt
each phase or section. acceptance by Utility of each new development
5
added to said system, That further, Utility will not allow any other
Individuals to tie into said system without the express written, permission
of Developer.
i. Developer shall repair or cause to be repaired, promptly at no cost to
Utility, all damage to Utllity's facilities caused by construction nperations
until sit construction In the Development by or on bohal( of Developer or
Its affiliates has been completed, only for those areas which have been
connected to said system, less than six months from their dale of hook up,
i.e. any developtaent or equipment hooked up to said system or connected
with said system which has been there for more titan six months, Repair
and maintenance of same shall be strictly with Utility.
6. Developer shall save and hold Utility harmless from and against all suits
and claims that may he loused upon any injury tp person of property
which may occur In the course of the performance of the construction of
the Facilities by Developer, or anyone acting on Developer's behalf or
under Developer's supervision and control; however, after operation is
assumed by Utility, then Utility shall bear the obligation to hold
Developer harmless from and against all suits or claims based upon an
injury to any person or property that may occur in the course of the
performance of the operation of said sewage treatment facility which are
under the direct control of Utility.
7. Developer shall, prior to transfer to Utility of the Facilities, grant
permanent, assignable easements satisfactory to Utility, autl►oriaing
Utility to own, operate and maintain site facilities anti providing
reasonably adequate rights of access and working space (tit such
purposes.
8. Developer shall, upon transfer to Utithy of the Facilities, provide to
Utility operating manuals, as -built drawings, and all other information
reasonably required to operate, maintain, and repair the Pacitities.
IIEIYICIE Uii
Suloggottertt fncilitlea Elloenalntl
1. to the event Developer acquires or develops additional land contiguous to
tloe Development, Utility agrees to provide sewer service to such area in
accotdance with the rates, rules and regulations established b� thm
Commission from time to time.
6
2, in ilea event additional sewage treatment plant expansions era required
to either Serve the Development or additional land contiguous to the
Development, they will be constructed and instilled in accordance with
Article Vi of the Agreement, and In compliance with all regulatory
requirements.
3. Utility agrees to waive at reimburse to Developer all tap -on or
connection fees, and to make additional defetted or contingent purchase
Itiymenls for all new customers connecting to the sewer system in The
new area In the amounts and under ilia terms as set forth in Article III
herein.
BITICL_gill
I. Upon installation of the sewage Irealmeat and collection faciiiiies
contemplated by this Agreement. Utility will own and maintain said
facilities in accordance wills the standards set by ail applicable
regulatory or governmental authorities. Any additional upgrading of ilia
sewage system, required by the North Carolina Department of Human
Itesourees or other State. Federal or local authorities, not connected with
expansion of the sewage treatment plant capacity, will be the obligation
of Utility at no furllier cost or expense to Developer.
2. In ilia event that, in accordance with this Agreement, ilia construction
and Installation of the sewage treatment facilities contemplated by this
Agreement are not completed within nine (9) months of the date of this
Agreement, neither party hereto shall have any further at other
obligation hereunder, despite the nature of the delay.
3. Except as provided in this Agreement, neither Harty to this Agreement
shall be liable to the Other rot failure, default or delay in performing any
of its obligation hereunder, if such failure, default or delay is caused by
strikes or other labor problems, by forces of nature, unavoidable
accident, fire, acts of the public enemy, interference by civil authorities,
acts or failure to act, decisions or orders or regulations of a n y
governmental or military body or agency, office or commission, delays in
receipt of materials, or any .other cause, whether of similar or diiSSliihilar
nature, not within the control of the party affected and which, by the
exercise of due diligence such party Is unable to prevent or overcome,
7
eAeept as otherwise provided for hareln. Should any of the foregoing
events oecar, the parties hereto agree to proceed with diiigence to do
what is reasonable and necessary so that each party may perform lit
obligations under this Agreement,
4. The failvre of either party hereto to enforce stay of the provisions of this
Agreement or the waiver thereof in any instance by either party shall
not be construed as a general waiver or relinquishment on Its part or any
such provisions, but the same shall, nevertheless, be and remain in full
force and effect.
5. The representations, warranties and agreements contshted hereto shall
survive, and continue in effect, after the payment for the Facilities.
Utility agrees to indemnify Developer, their successors and assigns, and
hold Developer harmless against any loss, damage, liability, expense or
cost accruing or resulting from any misrepresentation or breach of any
representation, warranty or agreement on the part of Utility under this
Agreement; Developer agree to indemnify Utility, its successors and
assigns, and hold it and them harmless against any loss, damage, liability,
expense or cost of Utility, accruing or resulting from any
misrepresentation or breach of any representation, warrenly or
agreement on the part of Developer under this Agreement or from any
misrepresentation in or material omission from any certificate or other
document furnished or to be furnished to Utility by Developer.
6. Neither Developer not any entity or individual affiliated with Developer
have executed any agreement with any Iqt purchaser in like
Development, or any other parties, or made any representations to any
such purchasers or other parties whereunder such purchaser or other
parties have acquired any interest lit Facilities either installed or to be
installed under this Agreement.
7. This Agreement sets forth the complete understanding betwcen
Developer and Utility, gild any amendments hereto to be effective must be
made in writing.
8. No0ces, correspondenct and Invoicing required hereunder strati be
given to Developer and to Utility at the ronowing addresses, or at any
other addresses designated in writing by either party subsequent ut the
date hereof;
If to Utility: Carolina Water Service. lac.
of North Carolina
2333 Sanders Road
Northbrook. Illinois 60062
Alto: Mr. perry U. Owens
Chairman & Chief
Executive Officer
If to Developer,' liestron Corporation
11.0. Box 2343
Durham, NC. 27707
Attn. Mr. Charles S. lletter
Delivery, when made by reglstered or certified mail, iball be deemed
complete upon mailing.
9. This Agreement shall be binding upon and Inure to the benefit of the
parties hereto and their respective successors and assigns.
ID. The Exhibits to this Agreement are a part hereof and are hereby
Incorporated In full by reference.
IN WITNESS WHEREOF, the parties hereto have tat their hands and seals
the day and year above first written.
Caraljpa_ Weer Service_ Int:_.
of ^Nnrth�_`C_arnllea
Chairman �d C.fr.O.
A7'rES7'
Secretary
AAWT:
Secretary
Ila:suAR—CMD AZAdm
fly: 1' r 11j 1&tt-1'
President
0
ORTH CAROLINA
AnTERET COUNTY ADDENDUM
THIS ADDENDUM, made and entered into this � _day of
19t16, by and between Ilestron Corporation, Inc
eeeinafter referred to as "Developer" and Carolina Water
ervices, Inc., hereinafter referred to as "Utility";
W I T N E S S E T I1:
THAT Nl1EREA9, the parties have hereunto set their hand and
eal to an agreement dated theof' July, 1986, between
eveloper and Utility; and that
WHEREAS, the parties desire to amend some of the language as
ontained in said Agreement, and to add certain clarifying
anguage to better set forth the obligations of each party;
NOW THEREFURE, It is hereby understood and agreed that the
greement dated the_ t,�L of July, 1986 is hereby amended as
ollows:
1. Notwithstanding any of the provisions of this Agreement,
t is understood and agreed that Utility will cooperate with
reveloper In furnishing certain Information to the various regula-
ory agencies of the State and Federal Government charged with or
upervising the sewage treatment facilities In North Carolina so
o provide that information required by them to increase the capa-
ity of the sewage treatment facility to its fullest potential.
2. It is further agreed and understood that utility will
lot be responsible for any construction of, or the installation of
ny additional rotor equipment to expand said facility and that
tility will be responsible only for the day to day maintenance
nd repair and replacement of equipment as it wears out or needs
o be replaced beyond the warranty period as set forth in the
greement; however, nothing in this Agreement is to prevent
Itility from expanding said facility by adding to the present
aeility those items of equipment for the construction of addi-
lonal sewage treatment facilities to expand said facility with
he express written permission of Developer.
3. The Contract is further amended to provide that should
Itility become unable to operate the sewage treatment facility for
rhatever reason, and that they are unable to find or sell said
'acility to another company who would operate said sewago. treat -
tent facility and guarantee to Developer the continued operation
if said sewage treatment facility, then Utility will convey to
feveloper any and all assets that have been conveyed to it
ncluding all equipment, fixtures, rigilts-or-way, easements,
ttc. However, Developer will be liable to Utility to repay
Itility for any capital construction, or the addition or any
equipment which would not be placed in said facility in the course
)f ordinary maintenance, those amounts paid by utility ror said
Construction and/or equipment, less the value that said equipment
ras been depreciated in accordance with the rules and regul.atlorts
>r the Internal Revenue Service and the North Carolina Utilities
:oumissIon . That upon the payment of that. partir_ular sum to
Itility, then their right, title and interest in said property
{ubject to this agreement shall terminate.
il. It is further agreed and understood that ail Ad valorem
axes for Carteret County and any municipality including fire tax
)n any of the assets subject to this agreement shall be the sole
ind separate obligation of Utility.
S. Article IV is amended to provide that all tap on fees
tre to be controlled by Developer and Developer shall have the
absolute and sole discretion as to who may tap on to said sewage
reatment facility and the price that shall be cliarged for said
ap on fee. This paragraph shall amend any and all of the other
lrovisions of Article IV which are at variance with this
mendment. All other terms and conditions of Article IV not at
ariance with this amendment shall remain in full force and
rrect.
-p-
6. Article VIII is amended to provide that "Paragraph 1,
EUpon installation of the sewage treatment and collection facili-
ties contemplated by this Agreement, Utility will own, operate and
11maintain said facilities in accordance with the standards set by
fall applicable regulatory and governmental agencies, and in accor-
dance with the terms and obligations with this agreement." All
other terns and conditions as set forth in Article VH I which are
1!not1
at variance with these amendments shall remain in full force
and effect.
H WITNESS WHEREOF, the parties hereto have set .their hands
and seals the day and year first above written.
CAROLINA WATER SERVICE, INC.,
OF 1[ I1i CAROLINA
4 Chairman and CEO
AT.TCST :
Secretary
NESTRON COIIPORATtok
HY Al�),'. ,ti- � � i
President
AT,rEST : SHAI.
r
__ ecretary
WHX9XWPM*M ILLINOIS
COUNTY Of COOK
I, { s"Z i , a Notary Pabldo or the
County anti State foresaT�, cert�_ navi.ci it. nensaree
personally came before me this day and aekaoHle'dged tthat he�
is the Secretary or Carolina Water Service, Inc. of
North Carolina, a� oeth Ca�gli.na.-Corporation, and that by
authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its_jQlAf•YlltD_., Cro
?iWft4XDVM , sealed with its corporate seal and attested
by pavc3�emarer&s Its Secretary.
Witness my hand and notarial seal, this _ 29L•h _day of
July 1986.
otary Pubiic
My Commission Expires:}d`yCo,nin;,,;0"Explra►Dac.S,f907
NORTH CAROLINA
COUNTY OF
I, a Notary Public of the
County and State aforesaid, certify that
personally came before me this day and acknowledgeUthaL he
Is Secretary of Hestron Corporation, Inc., a�
Corporation, and that by authority dilly
given and as the act of the corporation, the foregoing instrument
was signed in its name by Its _ President, sealed with.
its corporate seal and attested by� as its Secretary.
Witness my hand and notarial seal, this _ day or
1986.
Notary Puhlin
My Commission Expires:
AI)UFIND UM
'.'his Addeuduut. mate sand entered into iris
September, IMi. by and belweeo like 11 esuun Corpo(ation, IOC. '(hereillaflef
referred to its "Oeveluper"j and Carolina Waite Service, Inc. of North Carolirr
(Ijc,r.:narIer referrttl to as 'Utility"):
Whereas, the Oeveloper and the Utility have set their hands and seals
to an Agrcement dated tilt 24th day of July, 1996, and to an amending
Addendum dated the 241h day of July, 086. and,
Whereas, the parties, in considuration of the authority d( ilia Notch
Carolina flu hIic UIiIII-a& Commission (hereinafter referred to as Ilse
"Commitision'), LIC%'IF a to clsrllIF Cettain language of said Agreement and
Adtlandnm, and to arnene: certain provisions contained therein,
ilie rerare, the parties do hereby understand and agree Ihae said
Aeret-meol and Addencfern is to be amendet' its follows:
1. h is under mod by the parties that Developer IntrtuN to lease, and Ilse
Uli;i1,y irIt! Fiji to aa1e from the Developer. the sewer ufllrty faciIII ies in be.
iItila!',tOil within llte Dvvelrepment and the land associated wills said fat;lilies
for at period of five years (rnm the dale of the Agret nItnt. It is further
undei%")d thal nt the end of the period of five years, the Utility s 1;111 have, for
;s wricu! of six months, an option in purchase said sewer facilmes for the
tunsider:u:+u art forth in the Ae'rc:ntem.
!t ii hereby ^-riried and understand and agreed to by the partie% (hat, if
at the end o', five )Car period of Ih, lease, the Utlltty sllnuM ilmow not : s
nurCh:iq- the tewur floil2ties, ilia parties will ihilliedialely seek a transfer to
the Deve'i:per of the sovicr utilily fr:incbict; lgxitted to Ilse Utility by the
Comm:i6on. !n the evert of ap;unval of the transfer of su%:h franchise by the
.�]mIM0.1Prl In DC veloptt f. 1r,on ,'1 i':I t.!11 ltau::fat• till tr,,;
y I rrl'I t' �Uul
2, 'A•t�cle IV of the afturmenlioned Agreemew enwains lice following
prG-eiciwv: "Yp sewer to+t rat or Cmiternon fee will be Charged by the l.'ti'lly
specie?•:a!!y revue -ed by the Developer in +writing". 'l•he parties hviviv
agree ih••! the p,ovkion +s hereby amencled In read: • NIn %eutr t:ip- In ar
C: IitvcIion. Ire w.'I '•`• charged '-y rite Uti!,'s' unless spec thi;IIty teglie stcd bl
:'te h•cve!tsper in wri;:ng., and approved Ap the Cmnmt.ttrnn".
i. II is further cratlrnloAll +ere ^yrVed by ilia genius I1etCl.r that t' e
'an!:ua:v of lt.+ro:+i,.r`t r er the Meco:um to the Aireeilwnt dated :•I July 1111n
is anit•t•ct`:u to r`•ttd as n11ux,:
."I is understood by the parlies. hereto that Develupef has contitruCtvd
s•t:d static irralm.; l p"Int a1 its sale rm1 and etpvose, and retains an
alalignOn`+ to a+,•+and and modify said sewage plant, if and when finws 10
.!to plaint equal or exceed specified lisni!s act by regulawry authorities.
he <ewago Item menI plant and sewage Collection mains have beon
rCsieA.01 Ir serve land owned by Dcvulope r, and has nut heart
er!•,incrr..d Io s•.•v^ C(%PliPnttuS lire,s clue it, financial cmmrairt,%.
4
"AtHcle IV is, therefore, emended to provide that al: sewer tap•on fees
%v;thin the Develonrnent are to he controlled by tha Developer subject to
the approval of the Canimissitfn and Developer shall have >titsaiu,te ar,d
sole discretion as to who may tap on the said sewage tfealmettl facility
and the price Ihat shall be charred for said tap nn fee, provided that sitter
prise doe.t not exceed the nmoums authorfied for such itwer rap on or
connection fens carrindy approved by she Commi-ision for disc within
the Development. This paragraph shall amend any and all of llte other
provis!ons of Article IV which are at vuriance with this Amendment.
Alt other %ems and conditions of Article 1V not at variance with this
amendment ahul! remain in full force and effect."
In witness whereof, the parties hereto have set their hands and seals
the day and yaar first rbove wrimn.
Cnra�l' L-,-W er Service, Inc, or North Caro':,,
By:
Pe ti. O ens, Cttairmnn and CL•O
ATTEST:
Ilestron Corporation
By:_ ---
Charles S. Flester, fer"Ident
ATTEST.
1
S-
i:
CAROUNA WATER SERVICEAC.
i..
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2335sandeisaoad p0 Box 103
MGM Gro1Me:
N0tlWo0k.lau0iaWM
3121498•6"0 Atlantic Beach,
NC 28512 AVWft
kRC
1ll
iWleiF7011
Wleaek ". IClallldll
1OW147111
Nsrrtl CU Na
e1IeR0-42111
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Mnloe�,r,".La
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111- law
etllS0a-0176
r�.
February 13. 1987
TO WHOM IT MAY CONCERN:
Carolina Water Service, Inc. of N.C. owns and operates the WATER
and SEWER SYSTEM that services the following areas in Carteret
County, NC.
Hestron Park
Spooners Creek
Brandywine Bay
Pine Knoll Shores
The individuals to notify under the "Underground Damage Prevention
Act, Notice of Intent to Excavate" are A. C. Davis, Sonny Cunningham,
Joe Lawrence at Carolina Water Service, PO Box 103, Atlantic Beach,
NC 28512 or by calling (919) 247-4216.
Signe
A. C. Davie
Area Manager
S, �•/�� rfor said County and
State,.. • heresy certifyrthat /TyG• , Area Manager
appeared before me on this day and affixed his signature to this
• t-document.:
,wi•'Aess my ~hand and official seal, this the day of
' 1987.
.• ,k,: '•,•. a ;�r:.` Ib�.(/J
c.otamissio.n expires
fry,. = ',•'•'''
W.
y:F �F! £�f" � 7F'�`S.S T"`!.� `'F �Yi i7.0 •p+ �}f�.�
pie.'
CAROLIN& CARTER
The foregoing eprfificatc(s) of
f
is (are) certified 4 E�
fled to be correct. mInftment was pr�.-
ra nd recorded In this OMCB iF,
t d fo *st sen e wgl p
day o0119— 101 O'clockOat 1v--L&
Sharon Piner
�Re�ster Deeds
By
Ll
Joy Lawrence 5P
CARTERET COUNTY
JL Date 05/22/2009 Time 11:51100
OR 130a483 . Page 1'of 5
CARTERET COUNTY
37403 05/22/2002
$8 , 408.00
This Instrument thIazer�d"t rRET ya COUNTY
at
the.dete and time and in the Book and Page shown
on the feat page hereof.
Real a
pL1i�lA Excisea Tax
Excise
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NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $8,408.00
Parcel Identifier Nos.: 6356.12.95.1632; 6356.12.95.2434;
6356.12.96.2434 and 6356.12.96.4386
Mail after recording to:
Wyrick Robbins Yates & Ponton LLP, 4101 Lake Boone Trail, Ste. 300, Raleigh, NC 27607
This instrument was prepared by:
Wyrick Robbins Yates & Ponton LLP (JEF), 4101 Lake Boone Trail, Ste. 300, Raleigh, NC 27607
Brief Description for the Index: �___...._....__
THIS DEED made this day of May, 2009, by and between:
GRANTOR
HARBOOKBANK II, LLC TRIP BETTY PETER MHC, LLC
4120 Iverson Street
Raleigh, NC 27604
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple,
all that certain lot or parcel of land situated in the Morehead Township, Carteret County, North Carolina
and more particularly described as follows:
Those certain lands as are more particularly described in Exhibit A which is attached
hereto and made a part hereof by reference.
BooFc.. � PAGF 493
21506.3-573352 vi �fn
The property hereinabove described was acquired by Grantor by instrument recorded in Book 1214, Page
417, Carteret County Registry.
A map showing the above -described property is recorded in Map Book 28, Page 308, Carteret County
Registry,
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to Grantee in fee simple.
And Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that
Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for
the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following
exceptions:
See attached Exhibit B.
(Signature page follows)
21508.3-573352 vl '
BOOK Z&.9_ PAW
IN WITNESS WHEREOF, Grantor has executed the foregoing as of the day and year first above
written.
HARBOOKBANK II, LLC
a North arolina limit liabil'kty company
r�C�
By:���/
David M. Mountcastle, Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the foflowing person(s) personally appeared before me this day, each acknowledging
to me that he signed the foregoing document: David M. Mountcastle. Member/Manar<er of Harbookbank
1.1; L.L.0 a North Carolina limited liabilit,� compam:
Date: May J. 2009.
—Notary Public
LAURIE ROSLINSKI
NOTARY PUBLIC Notary Punted Name
WAKE COUNTY, N.C. My Commission Expires: O/!
(Official Seal)
21508.3-573352 v1 BOOK PAGE
EXHIBIT A
Legal Description
LYING AND BEING in Morehead Township, Carteret County, North Carolina and beginning at point
in the northern right-of-way of NC Highway 24, which point is further designated as being the southeast
comer of out parcel B, as shown in map entitled: Shop and Center Tract, recorded in Map Book 28, Page
35, Carteret County Registry. Running thence from said POINT OR PLACE OF BEGINNING and
running North 01' 19' 54" West 370.38 feet to a point; thence North 38' 00' 19" West 167.30 feet to a
point, said point being the southwest comer of the tract as shown in Book 720, Page 373, Carteret County
Registry; running thence from said point South 83' 50' 49" East 265.11 feet to a point; thence North 06°
09' 06" East 432.97 feet to a point; thence North 83° 50' 09" West 151.61 feet to a point center of the
ditch; running thence from said point North 06' 09' 11" East 271.58 feet to a point in the southern right-
of-way of US Highway 70, said point also being the northeast corner of that tract of land described by
Deed in Book 720, Page 373, Carteret County Registry; running thence from said point and running with
the southern right-of-way of US Highway 70 South 70' 53' 11" East 274.10 feet to a point; thence South
73' 04' 37" East 272.53 feet to a point; running thence from said point and leaving US Highway 70 South
14' 19' 50" West 232.03 feet to a point; thence South 75' 52' 52" East 106.81 feet to a point; thence South
01' 25' 08" West 155.00 feet to a point; thence South 07' 07' 48" West 384.44 feet to a point; thence
South 10' 19' 44" East 198.75 feet to a point in the northern right-of-way of NC Highway 24; running
thence with the northern right-of-way of NC Highway 24 South 81 ° 24' 31" West 213.40 feet to a point;
thence South 85' 48' 49" West 201.26 feet to a point; thence North 870 51' 58" West 215.20 feet to the
POINT OR PLACE OF BEGINNING.
The above described tract or parcel of land is subject to all easements and leases to Carolina Water
Services of North Carolina without alteration. There is further conveyed by Grantor to Grantee, all right,
title and interest that Grantor has in the easement in the agreement between MPD-Morehead City
Associates, L.P. as recorded in Book 601, Page 274, Carteret County Registry and as amended and
recorded in Book 649, Page 159, Carteret County Registry. As further conveyed all right, title and
interest in the agreement and easement concerning drainage by and between Hestron Corporation and
MPD-Morehead City Associates, L.P., as recorded in Book 601, Page 275, Carteret County Registry and
as modified in Book 649, Page 160, Carteret County Registry. It's also conveyed all right, title and
interest Hestron Corporation would have in that agreement in Book 649, Page 159, Carteret County
Registry.
There is further conveyed all rights=of--way, easements, lift stations and piping included in the sewer plant
located on the above -described tract or parcel of land, which was subject to an agreement between
Hestron Corporation and Carolina Water Services of North Carolina.
21508.3-513352 vl /
EXHIBIT B
Exceptions to Title
1. Taxes for the year 2009, and subsequent years, not yet due and payable.
2. Easement(s)to Carolina Telephone and Telegraph recorded in Contract Book 10 it Page 6; Book
511, Page 466; Book 422, Page 125.
3. Subject to Department of Transportation for either HWY 70 or Hwy 24, including drainage
ditches and temporary construction easements recorded in Book 257, Page 552; Book 798, Page
332; Book 798, Page 334: and Book 798, Page 336.
4. Easement(s) and/or Right of Way(s) to Carolina Power & Light Company recorded in Book 181
at Page 126; Book 181, Page 127; Book 181, Page 131; Book 181, Page 133 and Book 583, Page
249.
5. Drainage easement and agreement recorded in Book 601, Page 275 between Hestron Corporation
and NPD Morehead City Associates, LLP. This Agreement was modified in Book 649, Page
160.
6. Subject to a drainage easement and agreerrient recorded in Book 601, Page 274 and modified in
Book 649, Page 158.
7. Notice of Reservation of Rights by Carolina Water recorded in Book 557, Page 443.
8. Title to that portion of the Land within the right-of-way of HWY 24 and HWY 70.
9. Subject to matters shown on recorded Map Book 28 at Page 308 including Carolina Water
Service and others for access located on the Land.
10. Rights of other for ingress and egress purposes in and to the use of sewer plant located on the
Land.
11. Subject to matters which may exist or hereafter arise as a result of the placement and use of the
sewer plant tract for sewage disposal including including non-compliance with county, state and
federal regulations, fines, penalties, compliance order, clean up responsibilities, spills,
contamination and other environmental concerns.
12. Tract 4 appears to be encumbered by a Memorandum of Lease between Hestron Corporation and
Morris Communications Corporations, LLC in Book 1118, Page 445. While this lease appears to
be for 2 years and would expire in 2006, there is a first right of refusal which may have
implications beyond the 2 year term to renew the Lease.
13. Rights of others thereto entitled in and to the ditch(es) along the boundary line(s) of the Land.
14. All other easements, rights -of -way, restrictions, and encumbrances of record.
21508.3-573352 vl _
BOOK - PAGE
Carolina Water Service
of North Carolina'm
September 17, 2022
Wastewater Branch
Water Quality Permitting Section
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Delegation of Signature Authority
To Whom It May Concern:
By notice of this letter, I hereby delegate signatory authority to the following individuals for all permit
applications, discharge monitoring reports, and other information relating to the operations at the
below -mentioned facilities as required by all applicable federal, state, and local environmental agencies
specifically with the requirements for signatory authority as specified in 15A NCAC 213.0506.
Tonv Konsul
Director. State Operations
Gary Peacock Director, State Operations
Abington/Interlaken
Amherst
Ashley Hills
Bear Paw
Belvedere
Bent Creek
Bradfield Farms
Carolina Pines
Carolina Trace
Corolla Light #2
Elk River
Fairfield Harbour
Fairfield Sapphire
Harbour (The) (well #4)
Harbour (The) (wells #1 & #2)
Heather Glen
Hemby Acres
NC0060461
NC0061638
NC0051322
NC0023001
NC0032221 WQ0001664
NC0036684
NC0064734
NC0056618
NC0038831
15282A1
NC0058378
NC0033111
NC0022985
NC0086606
NC0084565
NC0085111
NC0035041
P.O. Box 240908 • Charlotte, North Carolina 28224-0908
(800) 525-7990 •www.carolinawaterservicenc.com
gh"t
Carolina Water Service
14m of North Carolina'""
Hound Ears
NC0032123
Kings Grant (Raleigh)
NC0062219
LVS(Danby)
SC0030112
Monteray Shores WTP
NC0088269
Olde Point
102655
Point (The)
NC0086592
Queens Harbor
NC0062383
Regalwood
NC0032239
Riverpointe
NC0071242
Saddlewood
NC0060755
Sugar Mountain
NC0022900
Transylvania (Connestee Falls)
NC0024295
Transylvania (Connestee Falls)
NC0088943
White Oak Estates
NC0031577
Willowbrook
NC0064378
Wolf Laurel
NC0076431
Woodtrace
NC0086266
Abington/Interlaken
WQCS00261
Belvedere
WQCS00331
Belvedere
WQ0001664
Bradfield Farms
WQCS00253
Brandywine Bay
WQ0007569
Brandywine Bay
WQCS00279
Carolina Trace
WQCS00217
Corolla Light #1
WQ0006254
Fairfield Harbour
WQCS00162
Fairfield Sapphire
WQCS00227
Hemby Acres
WQCS00233
Hestron Park
WQ0003271
Monteray Shores
WQ0009772
Quail Ridge
WQ0002845
Sugar Mountain
WQCS00174
Transylvania (Connestee Falls)
WQCS00219
Village @ Nags Head
WQ0000910
Village @ Nags Head
WQCS00285
White Oak Estates
WQCS00366
P.O. Box 240908 • Charlotte, North Carolina 28224-0908
(800) 525-7990 •www.carolinawaterservicenc.com
&MR-Ml Carolina Water Service
IlIIIIIIIIIIIIIIIN of North Carolina""
If you have any questions regarding this letter, please feel free to contact me at 704-525-7990.
Sincerely,
Authorized Signing Officials Signature
Authorized Signing Officials Name (Printed)_Don Denton__ Title: _President
Mailing Address; P.O. Box 240908, Charlotte, North Carolina 28224-0908
Email Address; Donald.Denton@Corix.com
Office Phone: 704-525-5049
cc: NC DWR Winston-Salem Regional Office, Water Quality Permitting Section
NCDWR Asheville Regional Office, Water Quality Permitting Section
NC DWR Mooresville Regional Office, Water Quality Permitting Section
NC DWR Raleigh Regional Office, Water Quality Permitting Section
NC DWR Wilmington Regional Office, Water Quality Permitting Section
NC DWR Washington Regional Office, Water Quality Permitting Section
P.O. Box 240908 • Charlotte, North Carolina 28224-0908
(800) 525-7990 •www.carolinawaterservicenc.com