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HomeMy WebLinkAboutWQ0008489_Final Permit_20170523Water Resources ENVIRONMENTAL QUALITY May 23, 2017 JOSEPH F. SADLER — MANAGER/ORC HYDE COUNTY POST OFFICE BOX 66 SWAN QUARTER, NORTH CAROLINA 27885 Dear Mr. Sadler: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Permit No. W00008489 Hyde Correctional Institution WWTF Wastewater Irrigation System Hyde County In accordance with your permit renewal request received February 28, 2017, we are forwarding herewith Permit No. W00008489 dated May 23, 2017, to Hyde County for the continued operation of the subject wastewater treatment and irrigation facilities. Please note that this renewed permit shall become effective on August 1, 2017 (i.e. the day after the expiration date of the existing permit). This permit shall be effective from August 1, 2017 until July 31, 2022, shall void Permit No. WQ0008489 issued August 4, 2008, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions have been removed since the last permit issuance dated August 4, 2008: ➢ Old Condition II.4. - This condition requiring the lease agreement has been modified into the new Condition 1. 1. stating that the lease agreement is attached to the new permit. Please note the following permit conditions are new since the last permit issuance dated August 4, 2008: ➢ Condition H.12. — This condition requires any landowner who owns land within the compliance boundary, but who is not the Permittee, to execute and file with the County Register of Deeds an easement with the requirements listed in the said Condition. Please note the previous permit was subject to this requirement under 15A NCAC 02L .0107(f), therefore, this condition is intended to voice this rule. ➢ Condition VI.8. — This condition notes that this permit is subject to revocation or unilateral modification within 60 days' notice from the Division if the terms in 15A NCAC 02T .0110 are violated. -n Nothing Compares--,-., State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6332 Mr. Joseph F. Sadler May 23, 2017 Page 2 of 2 ➢ Condition VI.9. — This condition notes that the facilities in this permit may not be expanded if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). ➢ Attachment A — PPI 001 and PPI 002 have been combined under PPI 001. Monitoring for Chloride, Total Phosphorus, Total Nitrogen, and Total Dissolved Solids has been added to the effluent monitoring requirements; the monitoring frequency for pH and Total Residual Chlorine has been designated as once per discharge event and Total Nitrogen, Total Phosphorus and Total Dissolved Solids has been added to the groundwater monitoring schedule to be consistent with our Non -Discharge Effluent Monitoring for Domestic Wastewater guidelines based on the average effluent of less than 80,200 gallons per day. ➢ Attachment C — Total Phosphorus, Nitrate and Chloride have been added to the groundwater monitoring schedule. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Alice M. Wessner at (919) 807-6425 or alice.wessner&ncdenr.gov. Sincerely LfS. Jay Zimmerman, P.G., Director Division of Water Resources cc: Hyde County Health Department, Luana Gibbs, Interim Health Director, Igibbs@hydehealth.com (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH WASTEWATER IRRIGATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Hyde County Hyde County I;CU I'm HI continued operation of an 80,200 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: an influent totalizing flow meter; two treatment/storage lagoons totaling 15.06 million gallons (MG) of storage providing approximately 157 days of storage and 30 days of treatment; a lagoon pump to transfer wastewater from the treatment lagoon to the storage lagoon as necessary to maintain adequate storage capacity; an effluent flowmeter; a gas chlorination system; an outlet structure with a 1,072 cubic foot (ft ) chlorine contact tank; a 700 gallon per minute (GPM) vertical turbine irrigation pump (with a spare on site); approximately 86.9 acres of spray irrigation area consisting of 1 I fields; and all associated piping, valves, controls, and appurtenances to serve the Hyde Correctional Institution W WTF, with no discharge of wastes to surface waters, pursuant to the application received February 28, 2017, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from August 1, 2017 until July 31, 2022, shall void Permit No. WQ0008489 issued August 4, 2008, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. If the lease between Hyde County and the State of North Carolina addressing the use of the irrigation sites (9B, 9C, 9D, 9E) is modified or terminated, the Division shall be notified immediately. A copy of the lease agreement is attached to this permit. [15A NCAC 02T .0108(b)(1)] 2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .0115(c)] W00008489 Version 3.0 Shell Version 151201 Page 1 of 8 II. PERFORMANCE STANDARDS The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or irrigation facilities. [G.S. 143- 215.1, 143-213.3(a)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100] 3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)] 5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(n)] 6. This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 7. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0106, 02L .0108] 8. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)] 9. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 10. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Hyde County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] W00008489 Version 3.0 Shell Version 151201 Page 2 of 8 11. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet) i. Any habitable residence or place of public assembly under separate ownership: 400 ii. Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 150 v. Public right of way: 50 [15A NCAC 02H .02190)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property line: 50 [15A NCAC 02H .02190)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .0507] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [15A NCAC 02T .0117] 3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [15A NCAC 02T .0108(b)(1)] 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)] 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause pending or runoff. [15A NCAC 02T .0108(b)(1)] 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)] 7. Only effluent from the Hyde Correctional Institution WWTF shall be irrigated on the sites listed in AttachmemB. [G.S.143-215.1] 8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] W00008489 Version 3.0 Shell Version 151201 Page 3 of 8 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. [15A NCAC 02T .0508, 02T .1100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .05050)] 12. Freeboard in the 15.06 million gallon (MG) treatment/storage lagoons shall not be less than two feet at anytime. [ 15A NCAC 02T .0505(d)] 13. Gauges to monitor waste levels in the 15.06 million gallon (MG) treatment/storage lagoons shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0108(b)(1)] 14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] 15. The lagoons shall be operated to maximize storage during summer months to prepare for the winter storage requirement. [15A NCAC 02T .0108(b)(1)] IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be. reported on Form NDMR. The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy and reliability of flow measurement consistent with accepted engineering and scientific practices. Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year; and maintained to ensure the accuracy of measurements is consistent with the selected device's accepted capability. The Permittee shall maintain records of flow measurement device calibration on file for a period of at least five years. At a minimum, documentation shall include: a. Date of flow measurement device calibration, b. Name of person performing calibration, and c. Percent from true flow. [15A NCAC 02T .0105(k)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] WQ0008489 Version 3.0 Shell Version 151201 Page 4 of 8 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 15.06 million gallon (MG) treatment/storage lagoons shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-1] for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(l)] 8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0108(b)(1)] 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Date of calibration of flow measurement device; b. Visual observations of the plant and plant site; and c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0108(b)(1)] 10. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C. [15A NCAC 02T .0105(m)] W00008489 Version 3.0 Shell Version 151201 Page 5 of 8 11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] 12. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [15A NCAC 02T .0108(c)] 13. Noncompliance Notification: The Permittee shall report by telephone to the Washington Regional Office, telephone number (252) 946-6481, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] WQ0008489 Version 3.0 Shell Version 151201 Page 6 of 8 V. 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.1] 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] 5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T .01050)] W00008489 Version 3.0 Shell Version 151201 Page 7 of 8 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A NCAC 02T .0120] 10. The Pennittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 23Ta day of May 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 2 S. Jay Zimmerman, P.G., Director O Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0008489 WQ0008489 Version 3.0 Shell Version 151201 Page 8 of 8 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— WWTF Effluent Permit Number: W00008489 Version:3.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 4 x Year' Grab 00940 Chloride (as Cl) mg/L 3 x Year 2 Grab 50060 Chlorine, Total Residual mg/L Per Event 3 Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 4 x Year Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 80,200 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 x Year Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 4 x Year' Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 4 x Year' Grab 00600 Nitrogen, Total (as N) mg/L 4 x Year' Grab 00400 pH su Per Event' Grab 00665 Phosphorus, Total (asP) mg/L 4 x Year' Grab 70300 Solids, Total Dissolved — 180 °C mg/L 3 x Year 2 Grab 00530 Solids, Total Suspended mg/L 4 x Year' Grab 1. 4 x Year monitoring shall be conducted in February, April, August and December. 2. 3 x Year monitoring shall be conducted in April, August and December. 3. Per Event sampling shall be conducted per irrigation event, but not to exceed 5 x Week. W00008489 Version 3.0 Attachment A Page 1 of 1 y x r z x ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Hyde County - Hyde Correctional Institution W WTF Permit Number: W00008489 Version: 3.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units I Hyde County Hyde 35.491005' -76.336409' 9.2 01284 - Non -Discharge Application Rate .25 14.56 inches 2 Hyde County Hyde 35.4899050 -76.3375030 9.5 01284 - Non -Discharge Application Rate .25 14.56 inches 3 Hyde County Hyde 35.4890050 -76.339209' 10.3 01284 - Non -Discharge Application Rate .25 14.56 inches 4 Hyde County Hyde 35.489704' -76.341709' 9.7 01284 - Non -Discharge Application Rate .25 14.56 inches 5 Hyde County Hyde 35.4914070 -76.3417090 9.3 01284-Non-Discharge Application Rate .25 14.56 inches 6 Hyde County Hyde 35.4913020 -76.3456040 9.2 01284-Non-Discharge Application Rate .25. 14.56 inches 7 Hyde County Hyde 35.4904030 -76.3455070 9.3 01284 -Non-Discharge Application Rate .25 14.56 inches 8 Hyde County Hyde 35.4893020 -76.3451100 T67 01284-Non-Discharge Application Rate .25 14.56 inches 9B State of North Carolina Hyde 35.4952070 -76.3370100 3.09 Pettigrew 01284-Non-Discharge Application Rate .30 14.408 inches 9C State of North Carolina Hyde 35.4964040 -76.3371060 3.22 Pettigrew 01284-Non-Discharge Application Rate .30 14.408 inches 9D State of North Carolina Hyde 35.4967010 -76.3353040 3.21 Pettigrew 01284-Non-Discharge Application Rate .30 14.408 inches 9E State of North Carolina Hyde 35.4969020 -76.334010 3.21 Pettigrew 01284-Non-Discharge Application Rate .30 14.408 inches Totals I 86.9 W00008489 Version 3.0 Attachment B Page 1 of 1 y x b r z x ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Monitoring wells: MW-1, MW-2, MW-3, MW-4, MW-5, MW-6 and MW-7. Permit Number: W00008489 'Version: 3.0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Cade Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00680 Carbon, Tot Organic (TOC) mg/L 3 x Year Grab 1,6 00940 Chloride (as Cl) 250 mg/L 3 x Year Grab 1 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 3 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 3 x Year Grab 1 00620 1 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1 00400 pH 6.5-8.5 su 3 x Year Grab 1,2 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 1 70300 Solids, Total Dissolved - 180 °C 500 mg/L 3 x Year Grab 1 GWVOC Volatile Compounds (GC/MS) Present: Yes/No Annually Grab 1, 4, 5 82546 Water Level, Distance from measuring point feet 3 x Year Calculated 1, 2, 3 1. 3 x Year monitoring shall be conducted in April, August & December; Annual monitoring shall be conducted every December. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pFI shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. 4. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 µg/L or less b. Standard Method 6210D, PQL at 0.5 µg/L or less c. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used must meet the following qualifications: a. A laboratory must be DWR certified to run any method used. b. The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. C. The method used must provide a PQL of 0.5 µg/L or less that must be supported by laboratory proficiency studies as required by DWR. Any constituents detected above the MDL but below the PQL of 0.5 µg/L must be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Washington Regional Office supervisor, telephone number (252) 946-6481, must be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. If TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/L, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in this attachment. W00008489 Version 3.0 Attachment C Page I of I • I � EXIST. E S1. I RAY ZGNE }' 1 'AY CRI �` 5 9.7 ACRES 'AY OR W I £XIST. £X L RAY ZGNE ;f 2 i y E p4 I 9.5 ACRES 7 A WE*.,, i I 10J'B(sf£R ------------I �EXJf }IRS — _ i580, r _ R78301 W SE ,401,'NOWR7EN MGNITGRinG WEL' h'c. 2 I ' LAGOON L {11 t t 1� R�FrFR' 1 ' I EXISTING STORAGE ' LAGOON I 1 I I I Q11 1 �-(N 'WATER MONITORU'G I_ Wiu Na 1 1 Exlsr TENGEunE �rrn.) £Z SPRAY IF 3A 4.1 A � 1 SCALE: 7 "= ?Oo' \ I \ "I 1 7=_ Figure 1 WLL NOWATER NCNITCRING XELL No, 3 CF NOWAIER BELL No. 4 r�2os'02"%__ �,--- �o�si*r4Ml z — 3 II SPRAY ZONE ( 9-E EMS I. 32; ACRES ' SPRAY ZONE f 9-0 EXIST. 3.2f ACR65 { FAY ZZ *' 9- 3 3 22 ACRES ? — _ u ® I EXIST. SPRAY ZONE 9— 1 3.09 ACRES ' 7 I� a� JEl Ex HME CC. VASpV smucnme TBM RAILROAD BASE OF so EL= CONTROL PROPERTI Al. G GRID COORDINA N 650,10i E 2,798,4 ((('''-G.4dJh'�HAIEX MONITfin'IN4' "�, r EXI L I SPRAY ONE' 5 ' P 97. SPR, ESQ I I 9.3 CRCS I 6 0 7 £ I I W EX F. 7 I DIST. SPRAY E 17 - f I RAY 2ON 4.S A EA £S 2m' eUE%ER SPRAY T E 0 I I 9.5 P.CR 9.7 E.; D S00'eL�FER SR YAMES zcww 70 MEADS I I MST. SPRAY ZONE J38 6.2 ACRES I EX S 7 7 SPRAY Z ¢ 3A 4.1 A S CYfSfs— —• � 7 . 4*4 W0000 64<�9 pin_�.�wuods STATE OF NORTH CAROLINA COUNTY OF HYDE fir► �n Feed ,+L f LEASE AGREEMENT THIS LEASE AGREEMENT is entered into this the day of 02j�Q],PP 2002, by and between the STATE OF NORTH CAROLINA, hereinafter referred to as the "Lessor", and COUNTY OF HYDE, a North Carolina corporation, hereinafter referred to as the "Lessee". WITNESSETH: WHEREAS, the Lessor is the owner of property commonly known as the Hyde County Youth Offenders Camp property, and is willing to grant the Lessee a lease to portions of such property for a wastewater treatment sprayfleld land application site; and WHEREAS, the execution of this agreement for and on behalf of the State of North Carolina has been duly approved by the Governor aid Council of State at a meeting held in the City of Raleigh, North Carolina, on the 2nd of April, 2002; and WHEREAS, as part of the mutual covenants between the Lessor and the Lessee, the parties have agreed to the following terms and conditions of the Lessee's Lease of the Lessor's property. NOW, THEREFORE, in consideration of ONE DOLLAR ($1.00), and the further mutual terms, covenants and conditions set forth herein, the Lessor and Lessee agree as follows: I. LEASE OF PREMISES: DESCRIPTION The Lessor hereby leases and demises unto the Lessee the premises consisting of approximately 38.5 acres of land situated on the Hyde County Youth Offenders Camp property, and more particularly described in Exhibit A, attached, and further as shown on that plat attached and incorporated herein as Exhibit B. ed WHZS:Br e0oz 0t 'Oaa se M6ZSz: 'ON xed 2OJYMAI fWa aa,w: woad 2 ffI The Lease term shall be for twenty-five (25) years from the date of execution hereof The Lessee shall have the option to renew this Lease for two (2) additional ten (10) year period and shall provide the Lessor no less than six (6) months written notice of the intent to renew prior to the Lease expiration date. The rental during the renewal period shall be ONE DOLLAR ($1.00). The remaining terms and conditions of this Lease during the renewal shall remain the same. M. L_C ► The Lessee shall maintain the premises and facility in a clean, safe, and attractive condition at all times. Lessee shall bear all expenses of maintenance, repair, and upkeep of the premises and facility, and shall be responsible for the cost of all utility services to the premises during the term of the Lease. Lessee agrees to release, discharge, indemnifyandhold harmless the Lessor from all liability, claims and actions arising out of the use of the facility and premises by the Lessee, contractors, representatives, employees, agents, patrons or invitees. As 1Vnther consideration for this, the Lessee agrees to accept the wastewater discharge from the Lessor at all times during the term of this Lease in the amount permitted under the law at no more than its current discharge fee rate or this Lease may be terminated by the Lessor at no additional cost to the Lessor. a vt' . / Y, �1 r r UMOMI The Lessee agrees to comply with all laws, ordinances, rules, regulations, and requirements of all federal, state, and municipal governmental agencies, including review and approval of construction plans by the State Construction Office and the Department of insurance, which may be applicable to the construction, use, occupancy or management of the facility and other improvements. _tJ (a) The Lessor will not be responsible for any and all damage, loss or expense resulting from the existence on the Premises of any Hazardous Material generated, stored, disposed of or transported to or over the Premises prior to the effective date of this Lease, or which is generated, Ed ktii'S:OT Z00Z 01 *OaG FWr92!6ZS2:: 'ON XFld 213iemitnoo 3QAH: WOMB stored, disposed of, or transported to or over the Premises by the State, or its officers, employees or agents, subsequent to the effective date of this Lease. In this regard, it is specifically agreed that in carrying out the planning, construction and/or operation of the Improvements and/or the Premises, the Lessee is not acting as the agent of the Lessor. The premises are leased on an `as-is'/wberme-is basis. (b) The Lessee agrees, to the extent permitted by law, to indemnify the Lessor and hold the Lessor harmless from and against any acid all liens, demands, defenses, suits, proceedings, disbursements, liabilities, losses, litigation, damages, judgments, obligations, penalties, injuries, costs, expenses (including, without limitation, attorneys' and experts' fees) and claims of any and every kind whatsoever paid, incurred, suffered by, or asserted against the Lessor with respect to, or as a direct or indirect result of (I) the violation of any Environmental Laws applicable to the Facility, subsequent to the effective date of this Lease, whether ornot caused by or within the control of the Lessee; or (ii) the violation of any of the Environmental Laws in connection with any other property owned by the lessor, subsequent to the effective date of this Lease, which violation gives or may give rise to any rights whatsoever in any party with respect to the Facility by virtue of any of the Environmental Laws, whether or not such violation is caused by or within the control of the Lessor. JS CC) l9 Forpurposes ofthis Lease: 0) "Hazardous Material" or "FlazardousMaterials" means and includes, without limitation, (a) solid or hazardous waste, as defined in the Resource Conservation and Recovery Act of 1980, or in any applicable state or local law or regulation, (b) hazardous substances, as defined inthe Comprehensive EnvironmentalResponseCompensation and Liability Act of 1980 (' CERCLA"), or in any applicable state or local law or regulation, 0 gasoline, or any other petroleum product orbyproduct, (d) toxic substances, orrodenticides, as defimed in the Federal Insecticide, Fungicide, and Rodenticide Act of 1975, or in any applicable state or local law or regulation, as each such Act, statute, or regulation may be amended from time to time; (ii) "Release" shall have the meaning given such term, in Environmental Laws, including, without limitation, CERCLA; and (iii) "Environmental Law" or "Environmental Laws" shall mean "Super Fund" or "Super Lien" law or any other federal, state, or local statute, law, ordinance, or code, regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials as may now or at any time bereafter be legally in effect, including, without limitation, the following, as same may be amended or replaced from time to time, and all regulations promulgated and officially adopted thereunder or in connection therewith: Super Fund Amendments and Reauthorization Act of 1986 ("SARA"); the Comprehensive Environmental Response, Compensation and Laability Act of 1980 ("C13RCLA"); The Clean Air Act CCAA"); the Clean water Act ("CWA"); the Toxic Substance Control Act ("TSCA"); the Solid Waste Disposal Act ("SWDA" ), as amended by the Resource Conservation and Recovery Act("RCRA"); the Hazardous Waste Management system; and the Occupational Safety and Health Act of 1970 ("OSHA."), All obligations and liabilities arising underthis Paragraph which arise out of events or actions occurring prior to the expiration or termination of this Lease shall survive the exercise of the power of sale under or foreclosure of a Deed of Trust which is based upon this Lease, the delivery of a deed in lieu of foreclosure of a Deed of Trust which is based upon this Lease, the assignment of this Lease and Vd WtlES:OT Z00Z 0T '03a £0429Z6ZSZ: *ON MJ 63iBMAIM03 MM: WWJ the expiration, termination, cancellation or release of record of this Lease. ORYWRIS WMA .: N Y M . The facility and improvements shall be used by the Lessee exclusively for a wastewater treatment sprayfleld application site. IV. Any and all taxes and other assessments which may be levied upon the premises, upon the Lessee's interest In the Premises and upon any alterations, additions and improvements thereon and/or upon the Lessee's personal property Iocated upon the Premises shall be paid by the Lessee at the time when the taxes and other assessments become due and payable. V. (a) Public Liability Insmvnce. The Lessee shall maintain, or cause to be maintained, in full force and effect and at its own expense, during the term of this Lease commercial general public liability insurance covering bodily injury and property damage liability with limits of coverage of not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) products/completed operations aggregate and 1; ourHIHonDollars ($4,000,000.00) general aggregate with a deductible or retention amount of not more than one hundred thousand dollars ($100,000.00), as protection against all liability claims occurring on or about the Premises or growing out of the use and occupancy of the Premises. Lessee shall be named as additional insured on said policy. Notwithstanding the rights of any insurer, nothing herein shall affect the authority of the Attorney General of North Carolina, including but not Limited to, the Attorney Ge.neral's authority to represent the Lessor in any and all litigation. The Lessee agrees to increase its insurance coverage as is equivalent to the then prevailing requirements in the relevant industry and community for the facilities and uses which are the subject of this Lease. (b) EMIRgyly CMM90 Irmce. Beginning on the date of its occupancy ofthe Facility, or upon the expiration or termination of the insurance described in subparagraph V(c)(3), below, whichever is earlier, the Lessee shall maintain, or cause to be maintained, at its own expense, sd weps:et zeez et 102a ZOLM zsz: *ON >rod ?a-Lv ,Baez) 3aAH: troad propertyiasurance against loss and/or damage to the pacility undera policy orpolicies covering such perils as are ordinarily insured against by similar facilities, includitr I without limiting the generality of the foregoing, fire, lightning, windstorm, windblown rain, hail, explosion, riot, riot attending a strike, civil commotion, damage from aircraft, smoke and uniform standard extended coverage and vandalism and malicious mischief endorsements, war risk (to the extent obtainable from an agency of the United States Government) but in all cases equivalent to coverage afforded by ISO Special Form Property Insurance. Such insurance shall be in an amount not less than the lesser of (1) the full replacement costs of the Facility, or (ii) the debt balance of all outstanding financing, but any such policy may have a deductible amount of not more than $100,000.00. No such policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of eo-insurance provisions or otherwise, without the prior written consent thereto by the Lessee. The term "full replacement cost" shalt mean that actual replacement cost of the Facility (excluding foundation and excavation costs and costs of underground flues, pipes, drains, and other uninsurable items), without deduction for physical depreciation, and shall be determined once every three years by an insurance consultant, selected and paid for by the Lessee. Each such policy shall contain a replacement cost endorsement and agreed amount clause. (C) S 0 Insurance Petiole 1. Certificates of insurance shall be delivered to the Lessor prior to the Lessee's occupancy of the premises and prior to the expiration of the term of each such policy. 2. All such policies maintained by the Lessee shall be purchased only from insurers who are licensed to do business in the State of North Carolina, comply with the requirements thereof and who carry A.M. Best Company rating of ("A4X" or "A+") and will provide that they may not be terminated nor coverage reduced except after thirty (30) days' prior written notice to the Lessor. W (a) Phial Destructio . If the Facility is partially destroyed by any cause, but in the judgment of the Lessee, can be repaired or restored to its prior condition, the Lease shall continue in full force and effect. The Lessee shall notify the Lessor ofits decision within ninety (go) calendar days of the destruction and promptly commence restoration of the Facility to the same condition as when built, reasonable wear and tear excepted. Restoration shall be pursued by the Lessee with due diligence and shall be accomplished within a reasonable time. (b) Total Destruction, In the event the Facility is totally destroyed, the Lessee may elect to either rebuild a facility at least equivalent to the facility constructed as part of the original 9d wss:w ma 6r *oaa MF-9ZEZ5Z: 'ON Mid 691QMA.IWOO 3aµ{; W7?W Facility orterminate this Lease. Such election shall be exercised by giving notice to Lessee within ninety (90) calendar days of the destructiou. The Lessee shall promptly commence such rebuilding, such rebuilding will be pursued by the Lessee with due diligence, and such rebuilding shall be accomplished within a reasonable time after the Lessee's election. If this Ground Lease is terminated under this Paragraph, the Lessee shall, to the extent reasonably practicable, restore the Land to its original condition. 1I (A) This Lease shall terminate: 1. upon the expiration of the terms or other termination of this Lease at which time the Lessor shall at its option and without further written notice, (a) have the right to require removal ofthelmprovements by the Lessee. The Lessee shall to the extent reasonablypracticable, restore the Land to its original condition, or, (b) have the right to accept the Premises in its current condition. In such instance, all Improvements placed on the land, along with the Lessee furnishings, fixtures, and equipment, which have not been removed, shall become a part of the freehold and the sole and absolute property ofthe Lessor, in fee simple absolute; 2. upon a breach ofthis Lease by the Lessee which is not cured afterninety (90) calendar days' written notice to the Lessee (or if such breach cannot be cured within ninety (90) calendar days, then within a reasonable period of time, provided the Lessee proceeds promptly and diligently to cure such default); 3. if the Lessee fails to timely commence, proceed with due diligence and/or complete the Facility and Improvements, as set forth in this Lease; 4. if the Lessee ceases to exist; or 5. at any time, if the Lessee, in its sole discretion, determines that it desires to discontinue utilization of the Premises or cease operation of the wastewater treatment sprayfreld application site for any reason whatsoever. In such event, the Lessee shall give the Lessor ninety Id wu9s:0t Z00Z 0t •aaa £BL£ MME: *ON MA NRIFMA. WOO WAH: W02ld (90) day's written notice of termination of this Lease. (B) Upon the termination of this Lease under any of the circumstances set forth above, the Lessor shall have the immediatc right to enter and take possession of the Premises. (C) The remedy set forth in Paragraph VI (b) shall not prevent the .Lessor from pursuing any other remedy now or hereafter available to it under the laws of North Carolina. 6. ifthe Lessee ceases to use the property as defined in Paragraph III without the prior written consent of Lessor. VIU. The Lessorrepresents, covenants and warrants that it has full authority and right to enter into and execute this Lease and to perform the Lease in accordance withthe terms hereof, and that subject to the terms of this Lease, the Lessee shall peaceably and quietly have, hold and enjoy the Premises throughout the term. IX. IM G) IKKIIJ WMI-9 During the Lease term, Lessee shall peaceably and quietly hold and enjoy the premises withouthiudrance or interruption by Lessor, or anyone claiming by, through or under the Lessor, for the purposes herein enumerated, so long as Lessee observes all tams covenants and conditions to be performed and observed. X. 1. This Lease may not be assigned or subleased by Lessee without the express written approval of the Lessor. 2. Upon reasonable notice to the Lessee, the Lessor shall have the continuing right of entry upon the property at reasonable times and in a reasonable manner for purposes of inspecting and monitoring the property and other reasonable uses and purposes not inconsistent with the Lessee's use of the premises. tad wugs:et zeez or oaa seeMGMe: *ON xUA 6aEMA.LN oo 3aAH: WMU 3. Upon the expiration or other termination ofthis Lease, the Lessee shall surrender the premisesto Lessor in good condition. Upon such termination, the Lessee shall be entitled to remove only its personal property and trade fixtures, provided such is done in a manner not to adversely affect the condition ofthe property prior to the actual termination date. 4. During the Lease term, notices and communications between the Lessor and Lessee shall be directed as follows: LESSOR N. C. Department of Correction c/o Central Engineering 2020 Yonkers Road 4216 MSC Raleigh, North Carolina 276.99.4216 LESSEE -Hyde County Public Works 1129 Main Street Post Office Box 66 Swan Quarter, North Carolina 27895 5. It is agreed that this lease shall not be subordinated without the express written consent of the Lessor. WHEREUPON, the Lessor and Lessee have executed the foregoing in their official names by the signatures oftheir proper officials, with the official seals affixed, the date and year first above written. 6d WMS:01 MW 01 iO4£9a52Sa: 'ON Mid 2611'erx11hr7oJ 3a,Ui: WOtld e COUNTY OF HYDE BYChain n, 8 soW ofof <�tynunissioncrs ATTEST: ep" Mio'R n �rw Clerk, Board of County Commissioners (SEAL) STATE OF NORTH CAROLINA Governor ATTEST: ATTEST: ROY COOPER Attorney General 9, ."/d Nu L/A Assistant Attorney General 0Td WdSS:OT 200E OT 'OaQ £0C£9zGM?: ON XH-d a.eMAINMO aaW: WONd 10 STATE OF NORTH CAROLINA COUNTY OF HYDE I, _ in e%t,k E -'D o cko'e. , a Notary Public in and for the County and State aforesaid, do hereby certify that Connie. '+Su rtl esc 0( personally came before me this day and acknowledged thatshe is Clerk of COUNTY OF HYDE and that by authority duly given and as an act of COUNTY OF HYDE, the foregoing instrument was signed by W .'fllack -o_:d . et i , 1& , its Chairman, attested by himself as Clerk, and sealed with the common seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal this the 2Z� day df JAG_ , 2002. My Commission Expires: v00 u xweimjw 30 2 STATE OF NORTH CAROLINA COUNTY OF WAKE I, CHERYL L. MYERS, a Notary Public in and for the County of Lee and State of North Carolina, do hereby certify that ELAINE F. MARSHALL, Secretary of State of North Carolina, personally came before me this day and acknowledged that she is Secretary of State of North Carolina, and that by authority duly given and as the act of the State, the foregoing instrument was signed in its name by MICHAEL F. EASLEY, Governor of the State of North Carolina, seated with the Great Seal of the State ofNorth Carolina, and attested by herself as Secretary of State of North Carolina. IN WI SS WHEREOF, i have hereunto set my hand and Notarial Soak, this the day of iw- 2002. My Co ion Expires: a� U� �01A rF 4!/R4\G u. 1,-\MDue\Wp\LLGAL\DOA\L=scs\Long tare, 48.14D2.wpd TTd wues:w Z00Z 0T *aza £8MMZSZ: 'ON Mij 2131Vf'IA1tmJ 3O,\H: Wpad 1 EXHM,{ A 1 LWAL DBSCRnMON All that certain tract or Psi of lend Tying and beingaituatod a 11"oid Township, Hyde County, North Carolina, bounded on too north and wart by the leads now Or formerly owned by Rodney A. Berry and Jeffry 0. Barry an the an I by the lands now or formerly by I.P. O'Neal and on the south by the lands.of the North Caroline Department of Correetlnas and being described by metes and bounds as follows: BBOINNINO at the southwest comer Of Tract 1 desigaated as the roposed Prison Site shown oa a map entitled Piopeuty of 7.P, O'Neal by Too H. SeomlYr. Registered Land Survey dWad March 1% 1992, said porn having N,C. Grid i Cooidimtw North 00,012.9324 2hgi, Sass 2,746,882.6680.foot, said point bother bobig a coh=on corner with Rodney A: BM and 3eitbry Ctl Bony PrOPCM racotded in Deed Book 129, Page 439, tbaeoe wA'-the oommbn line between DM- and Rodney A. �and'lefficcy G. Berry along a ditch NOS°20'47"W 389.37 feet to a Potm in said M4 the TRUE POINT OF BEt30II WO' &mwe continuing with tboir common lint along 'Gta eetltaliac of a ditch N05°20'4T'W 1520,14 feet to a point In said ditch, aid polo;being the northwest Comer of TiaCt 1, a common comer with Rodney A. Berry and Jeffyry 0. Spy, thence camUming with their common line along the centerline of a ditch N °09'02�z 1764.30 feet to a point, said point being the northeast comer of Tract 1, said ¢out further being a Common Corner with the remnant Iands now or formerly owned by J . O'Neal recorded In Deed Book 90, Vigo 231, tli n= leaving the Rodney A, 8taty . d Tafery G. 33e:ry: , lino and with.ft Common line b' ween Tiraot I and the 305020'4M 718.36 feet to a point in said line, a ucw corner, � "j ' �� and running with a uew lino 334049' I4"W 798.52 fee thence S8,4°2 'dl''.. d 6. to a new comer; thence eondnuing with' a new liaq 05°14'41'B $8Q o4. t. °h" "t nave ooma', thouce,S8494919"W.$43.49 &et.to,f�se'2TtUE POTfI eaotiditing 38:s; aczee'more of lea: and being a'�ortioa of PrOPoeed Prison S& ab alto" on a *iy " e�a""e"► .$A 4 ' map endued Pro' of J.P, O Jr. Registered Land Surveyor dated March 19, 1992 whleh �y'te hemoi 1k. 1 '� .+ .. 1 ,'✓ V\H; 1, � �' X 4. t • i ' 1 .J4 ZTd WU69:01 Z00Z 01 .OaQ £0L£9Z6ZSZ: 'ON XUJ zimv ,LLN oo 3QA4i'WDij' FROM !HYDE CoLINTyljaTER FAX NO. :2529263703 Dec. 10 2002 11;00AM P13 n E lfN or