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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.. t ' ' IW/waaOaaP wadi Caiollm w-mi AYIL' i n t Ws u bI1Dli+m CIML ac.lCladoad eouesl t706 ; cool" i i•'" oaryoeataoMlaa: sa 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 '; Mnloe�,r,".La elelwo-»le amnnah, M 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 c-5 `" 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