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HomeMy WebLinkAboutWQ0000185_Renewal Application_20190131Ih1L'3 Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL FORM: NDSR 09-18 This form is for renewal without modification for all non -discharge system permits, except Residuals Management and Single - Family Residence Wastewater Irrigation System permits. For more information, visit the Water Quality Permitting Section's Non -Discharge Branch. I. PERMITTEE INFORMATION: 1. Permittee: Currituck County 2. Signature authority's name: Eric T. Weatherly, P.E. per 15A NCAC 02T .0106(b) Primary Telephone number: (252) 232-6035 Office Secondary number: (� _- Select Email Address: Eric.Weatherly(a)CurrituckCoLm NC.Izov 3. Permittee's mailing address: 153 Courthouse Rd, Suite 302 City: Currituck State: NC Zip: 27929- 4. Billing address (if different from above): City: State: Zip: - 5. Contact person's name (if different from signature authority): Title: Primary Telephone number: (_) _- Select Secondary number: (_) _- Select Email Address: II. PERMIT INFORMATION: Title: County Engineer 1. Existing permit number: WQ0000185 2. Has the facility been constructed? ® Yes or ❑ No If yes, has the facility been constructed in accordance with the permit and the Division -approved plans and specifications? [15A NCAC 02T .0110] ® Yes or ❑ No If no, a formal permit modification request shall be submitted to the Division. 3. Has any of the property ownership within the facility and/or disposal area changed from what is indicated in the current permit (Attachment B — disposal field owner/lessee)? ❑ Yes or ® No Has the Permittee had a name change or has the permit changed ownership? ❑ Yes or ® No If yes to either, a permit modification request shall be submitted to the Division. [ 15A NCAC 02T .0105] 4. Is this facility a Privately -Owned Public Utility? ❑ Yes or ® No If yes, provide two copies of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non - discharge system. [15A NCAC 02T .0115(a)(1)1 5. Is the Permittee a Home/Property Owners' Associations or Developers of lots to be sold? ❑ Yes or ® No If yes, provide the following: • For Home/Property Owners' Associations — Operational Agreement (FORM: HOA) and a copy of the proposed or approved Articles of Incorporation, Declarations, and By-laws [I 5A NCAC 02T .0115(c)] • For Developers of lots to be sold — Operational Agreement (FORM: DEV) [15A NCAC 02T .0115(b)] FORM: NDSR 09-18 Page 1 of 3 Ih1L'3 Division of Water Resources III. SITE MAP: State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL FORM: NDSR 09-18 1. Provide an updated site map in accordance with 15A NCAC 02T .0105(d) that shows the following: Boundaries and physical features not under purview of other licensed professions shall be provided by a professional land surveyor ® Legend, north arrow, scale, and legible in black and white ® Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief ® Soil mapping units on all disposal sites ® All facility -related structures and fences within the treatment, storage, and disposal areas ® All habitable residences and places of assembly within 500 feet of all treatment, storage, and irrigations sites ® Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of all waste treatment, storage, and disposal site(s) ® Location and identification of each monitoring well (identify any background/upgradient wells) ® Latitude and longitude coordinates of all monitoring wells (decimal degrees to 6 digits) ® Location and identification of major components of the waste disposal system ® The wetted perimeter of all irrigation fields with field names (named according to the approved permit) ® Location and ownership of property boundaries within 500 feet of the disposal area (including road/rail right-of-ways) ® The delineation of compliance and review boundaries ® Distance measurements verifying all setbacks are being met ® Stormwater drainage controls ® 100 -year floodplain (if applicable) IV. SETBACK WAIVERS, EASEMENTS, AND LEASES: 1. Does the permit have any setback waivers, easements, or leases? ® Yes or ❑ No If yes, provide copies of all documents and complete the table below: Document Type Grantor or Parcel No. Grantee Expiration Date County Registered Deed Book Deed Page Document Description 1 Easement Coastland Corporation Currituck County N/A Currituck 230 600 N/A Easement James Johnson Crown Point POA N/A Currituck 265 930 N/A Select Select Select Select Select Select Select Select Select 1. The document description shall list any reduced setbacks with distance, etc. FORM: NDSR 09-18 Page 2 of 3 State of North Carolina Department of Environmental Quality DWR Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL Division of Water Resources FORM: NDSR 09-18 Applicant's Certification per 15A NCAC 02T .0106(b): I, , attest that this renewal application has been reviewed by me, and is accurate and complete to the best of my knowledge. I understand that any unauthorized discharge of wastewater from this non -discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application are not completed, this application may be returned to me as incomplete. I further certify that the Applicant or any parent, subsidiary, or other affiliate of the Applicant has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and does not have any overdue annual fees. NOTE — In accordance with General Statutes 143-215.6A and 143-215.613, 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. The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person maybe designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b) � � 1-3-19 Signature: ) � Date: THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE BRANCH By U.S. Postal Service: Non -Discharge Branch 1617 Mail Service Center Raleigh, NC 27699-1617 By Courier: By Email: Non -Discharge Branch — Archdale 640D Non-Dischar�,e.Reoorts(i'ncdenr.¢ov 512 N. Salisbury St. Raleigh, NC 27604 TELEPHONE NUMBER: (919) 707-3654 FORM: NDSR 09-18 Page 3 of 3 \ \ SURVEY CONTROL, SURVEY STAKING AND AS—BUILT SURVEYS ARE THE SOLE RESPONSIBILITY OF THE CONTRACTOR FOR THIS PROJECT AS—BUILT SURVEY WILL BE REQUIRED AT PROJECT COMPLETION \ % \ \ % _ \ \ EXISTING 4'x4' PRECAST CONCRETE JUNCTION BOX WITH \ % MANHOLE ACCESS \\ \ EXISTING 36" HDPE CULVERT \\� EXISTING 10' WIDE CONCRETE SIDEWALK % • GREENWAY TRAIL PROJECT - BY OTHERS "% EXISTING WWTP - PHASE 1 \ 200,000 GPD V % v % PROPOSED WWTP - PHASE 2 \� 400,000 GPD EXISTING C900 FORCE MAIN \� FROM HEAD WORKS TO \ WWTP PHASE 1 \1 CONTRACTOR TO LOCATE EXISTING FORCE \ MAIN PRIOR TO PHASE 2 PLANT EXCAVATION AND REPORT LOCATION AND POTEN77AL CONFLICTS \ TO ENGINEER. RELOCA77ON OF A POR770N OF \ 774E FORCE MAIN MAY BE REQUIRED PROPOSED CHAIN LINE SECURITY FENCING SEE DETAIL SHEET 5 PARCEL 1 CURRITUCK COUNTY 0/S SEWER PLANT EXISTING POND ^^^^^ NOW OR FORMERLY CURRITUCK COUNTY P.O. BOX 9 CURRITUCK, NC 27929 ­- D.B. 137 PG. 158 f, PARCEL ID 0116 000 0004 00001 GLOBAL PIN 9935-81-0545 P'' \\ --_EXISTINGI DE I I TRANSMW V PROPOSED FIRE HYDRANT �� \ \ TWO PROPOSED 4" C900 FORCE MAINS \ I FROM HEAD WORKS TO WWTP PHASE 2 I I BE ABANDONED \EXISTING P c - -- \ EXISTING WWTP HEADWORKS ODOR CONTROL GO.1 SPNps CIE N pN N 6 Got SPNOS \ REUSED IN NEW SPRAY FIELD DOSING SYSTEM O SCG�6 SG 6 P• ___-__ \ 8 \ V SN6 11 \ LPN SN \\ \ '/ ''// OGE 5 t LOT 5, PARCEL B, WHALEHEAD ---------------- ------------ -- " INFLUENT FLOW METER VAULT \ % \ \ % _ \ \ EXISTING 4'x4' PRECAST CONCRETE JUNCTION BOX WITH \ % MANHOLE ACCESS \\ \ EXISTING 36" HDPE CULVERT \\� EXISTING 10' WIDE CONCRETE SIDEWALK % • GREENWAY TRAIL PROJECT - BY OTHERS "% EXISTING WWTP - PHASE 1 \ 200,000 GPD V % v % PROPOSED WWTP - PHASE 2 \� 400,000 GPD EXISTING C900 FORCE MAIN \� FROM HEAD WORKS TO \ WWTP PHASE 1 \1 CONTRACTOR TO LOCATE EXISTING FORCE \ MAIN PRIOR TO PHASE 2 PLANT EXCAVATION AND REPORT LOCATION AND POTEN77AL CONFLICTS \ TO ENGINEER. RELOCA77ON OF A POR770N OF \ 774E FORCE MAIN MAY BE REQUIRED PROPOSED CHAIN LINE SECURITY FENCING SEE DETAIL SHEET 5 PARCEL 1 CURRITUCK COUNTY 0/S SEWER PLANT EXISTING POND ^^^^^ NOW OR FORMERLY CURRITUCK COUNTY P.O. BOX 9 CURRITUCK, NC 27929 ­- D.B. 137 PG. 158 f, PARCEL ID 0116 000 0004 00001 GLOBAL PIN 9935-81-0545 P'' \\ --_EXISTINGI DE I I TRANSMW V PROPOSED FIRE HYDRANT �� \ -------- \_ TWO PROPOSED 4" C900 FORCE MAINS I I FROM HEAD WORKS TO WWTP PHASE 2 I I BE ABANDONED \EXISTING P c - -- \ EXISTING WWTP HEADWORKS ODOR CONTROL GO.1 SPNps CIE N pN N 6 Got SPNOS II _--- --- REUSED IN NEW SPRAY FIELD DOSING SYSTEM O SCG�6 SG 6 P• ___-__ NOW OR FORMERLY 8 \ V SN6 11 EXISTING WWTP HEADWORKS LPN SN \\ \ '/ ''// OGE 5 t LOT 5, PARCEL B, WHALEHEAD p' ------------ -- " INFLUENT FLOW METER VAULT TOP OF CONCRETE SLAB =12.97' yII EX. 4" FORCE MAIN i► ''C� v — — — — — — — — — — — — — —% — — — --------------T-- \ % D.B. 116 PG. 99 - I % \ \ A\ ` � -- \ \\:---- JAMES E. JOHNSON, JR. P.O. BOX 1717 \ \*` EX�,TING CANAG -------------------- , -------- \ % \ \ % _ \ \ EXISTING 4'x4' PRECAST CONCRETE JUNCTION BOX WITH \ % MANHOLE ACCESS \\ \ EXISTING 36" HDPE CULVERT \\� EXISTING 10' WIDE CONCRETE SIDEWALK % • GREENWAY TRAIL PROJECT - BY OTHERS "% EXISTING WWTP - PHASE 1 \ 200,000 GPD V % v % PROPOSED WWTP - PHASE 2 \� 400,000 GPD EXISTING C900 FORCE MAIN \� FROM HEAD WORKS TO \ WWTP PHASE 1 \1 CONTRACTOR TO LOCATE EXISTING FORCE \ MAIN PRIOR TO PHASE 2 PLANT EXCAVATION AND REPORT LOCATION AND POTEN77AL CONFLICTS \ TO ENGINEER. RELOCA77ON OF A POR770N OF \ 774E FORCE MAIN MAY BE REQUIRED PROPOSED CHAIN LINE SECURITY FENCING SEE DETAIL SHEET 5 PARCEL 1 CURRITUCK COUNTY 0/S SEWER PLANT EXISTING POND ^^^^^ NOW OR FORMERLY CURRITUCK COUNTY P.O. BOX 9 CURRITUCK, NC 27929 ­- D.B. 137 PG. 158 f, PARCEL ID 0116 000 0004 00001 GLOBAL PIN 9935-81-0545 P'' \\ --_EXISTINGI DE I I TRANSMW V PROPOSED FIRE HYDRANT �� \ GEN I ? GE -NJ• += ❑ TRANS 0 F N a v W 0 F N J a UJ MAINTAIN 10' HORIZONTAL AND 18" VERTICAL SEPARATION BETWEEN \\ \ \ 1 WATER SERVICE LINE AND WASTEWATER FORCE MAIN (WATER OVER) \ \ % • \ \ \ RELOCATE WATER SERVICE IF REQUIRED \\ % ;1 EXISTING 8" FORCE MAIN EXISTING DOUBLE CHECK \ \ % VALVE IN ENCLOSURE \ \ % \ \ % v \, \ % \\ \*\* i\ O. ) \ t \ \ % -)3 \� \ \ \\ v \ \1 \ \ % 5p0.00 \ \ \p \ % �\ GRAPHIC SCALE \\\ \\ 50 0 25 50 100 200 \ \ \ ( IN FEET) \ \ 1 inch = 50 ft. -A \ -------- \_ TWO PROPOSED 4" C900 FORCE MAINS I I FROM HEAD WORKS TO WWTP PHASE 2 I I BE ABANDONED \EXISTING P c - -- \ EXISTING WWTP HEADWORKS ODOR CONTROL GO.1 SPNps CIE N pN N 6 Got SPNOS II _--- --- REUSED IN NEW SPRAY FIELD DOSING SYSTEM O SCG�6 SG 6 P• ___-__ NOW OR FORMERLY 8 \ V SN6 11 EXISTING WWTP HEADWORKS LPN SN \\ \ '/ ''// OGE 5 t LOT 5, PARCEL B, WHALEHEAD p' ------------ -- " INFLUENT FLOW METER VAULT TOP OF CONCRETE SLAB =12.97' yII EX. 4" FORCE MAIN i► ''C� v — — — — — — — — — — — — — —% — — — --------------T-- \ % D.B. 116 PG. 99 - I % \ \ A\ ` � -- GEN I ? GE -NJ• += ❑ TRANS 0 F N a v W 0 F N J a UJ MAINTAIN 10' HORIZONTAL AND 18" VERTICAL SEPARATION BETWEEN \\ \ \ 1 WATER SERVICE LINE AND WASTEWATER FORCE MAIN (WATER OVER) \ \ % • \ \ \ RELOCATE WATER SERVICE IF REQUIRED \\ % ;1 EXISTING 8" FORCE MAIN EXISTING DOUBLE CHECK \ \ % VALVE IN ENCLOSURE \ \ % \ \ % v \, \ % \\ \*\* i\ O. ) \ t \ \ % -)3 \� \ \ \\ v \ \1 \ \ % 5p0.00 \ \ \p \ % �\ GRAPHIC SCALE \\\ \\ 50 0 25 50 100 200 \ \ \ ( IN FEET) \ \ 1 inch = 50 ft. -A \ EXISTING PHASE 1 EMERGENCY GENERATOR EXISTING WWTP - PHASE 1 / EQUIPMENT BUILDING \ PROPOSED SPRAY FIELD DOSING SYSTEM NEW 6" SCH 80 PVC FOI E MAIN FROM SPRAY FIELD DOSIN�SYSTEM TO EXISTING SPRAY FIELD PROPOSED WWTP - PHASE 2 \ EQUIPMENT BUILDING 10' WIDE GRAVEL DRIVE ; /4" ABC OVER COMPACTED SAND/ b PROPOSED PHASE 2 /EMERGENCY GENERATOR EXISTING ! I 50,000 GPp� i_._--------- _--- _--- ----- -- - . - •---•--•----•-•- r •-- �i EXISTING WWTp ' i - o 100,000 GPD i i Z i i i o L_I a ; I I , : I WWI? �---� -- GPD I , r - CRO\RCI %W LOT 46 I I CROWN POINT P.C. D SL. 136 I I I I N PARCEL 4 o CROWN POINT COMMON AREA ---- I -PROPOSED CHAIN LINE MONITOR WELL MONITOR WELL NOW OR FORMERLY I I SECURITY FENCING MW 5 MW 9 CROWN POINT PROPERTY SEE DETAIL SHEET 5 OWNERS ASSOCIATION LOT 45 I I C/O COASTLAND CORP. P.O. BOX1717 II CROWN POINT VIRGINIA BEACH, VA 23451 P.C. D SL. 136 D.B. 265 PG. 930 I P.C. D SL. 136 _ _-_------ PARCEL ID 116A 000 OPOA 0000 GLOBAL PIN 9945-01-0639- ----- — - - -- ---— --- -- --- ---- - LOT 44 o TOE _ \ . PROPOSED CHAIN UNE III P CO D PO NT FIELD_BERM _.. 4.....3 C.O. \\ SECURITY FENCING S .136 _TO_P - ; _ -_-_ } \ I SPRAY_ _ toP - _ - ...SEE DETAIL SHEET 5 P-2 - - _ -- T6t SPRAY FlEW PERIME R _ - 0- ------------ ---------------- \\ \ \ II 1 -- -- -- -- - - - �_--• LOT 43 ------ .--" - ------ o--" C.O. I I i i I CROWN POINT P.C. D SL. 136 __..0. I _-_--- .... _. E•- - _ _.e^- - IN /, o_ p' C.O. CnLOT 42 x I CROWN POINT MONITOR WELL w I P.C. D SL. 136 --° "- - - - TYPICAL SPRAY HEAD I - --s----- -•� _" . "�-� ,% % / SENNINGER SUPER SPRAY - - - OPERATING PRESSURE = 15 PSI --{T __ -'$ ^ N i / MOUNTING HEIGHT = 3.0' _ _.4r-• _ --�-" RED NO. 12 NOZZLE ---"......O o_0,--. 0 (CONCAVE 36 GROOVE) LOT 41 3 WETTED DIAMETER = 34' CROWN POINT -0_- - _ _. -_'- �•-�'- FLOW PER NOZZLE = 3.81 GPM P.C. D SL. 136 o / �- --- _._ _.-o--•-- AY FIELD PERIME�R- _ . _.-- _-- __ _--t_ _ - -- - _- -_' / i1 TOE - _ -_T2 _--------- _ CROWN 40 WHA OT 5 P.C. D SL. 136 LEH�ADS PARCEL B,TL I I CR WN P INT I EWER _ _ - - T� CU TY _-------------- _ - __-_ _ -- - — _ - EXISTING SPRAY BED CURRITUCK COUNTY _ oma, / I _ -�-� TOTAL FIELD AREA = 104,878 SQ. FT. (2.41 AC.) P.O. BOX 9 _ - SPRAY FlE� BER P-1 TOTAL NUMBER OF SPRAY HEADS = 118 CURRITUCK, NC 27929 / FLOW PER SPRAY HEAD AT 15 PSI = 3.81 GPM D.B. 231 PG. 635 TOTAL FLOW TO FIELD (ALL ZONES) = 450 GPM P RCEL ID 0116 000 005B 0000 f / \ L---------1-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PARCEL LINE PARCEL LINE - - - - - - - - - - - - - EXISTING FORCE MAIN P ----------------------------------- 6" SCH 40 PVC ARCEL LINE TO SPRAYFIELD -------- \_ ___- _- __�- - ---"-___ I I I I I BE ABANDONED \EXISTING P c - -- _--- PUMPS AND CONTROL TO BE GO.1 SPNps CIE N pN N 6 Got SPNOS II _--- --- REUSED IN NEW SPRAY FIELD DOSING SYSTEM O SCG�6 SG 6 P• ___-__ NOW OR FORMERLY 8 \ V SN6 11 \ LPN SN \\ \ '/ ''// OGE 5 COASTLAND CORPORATION LOT 5, PARCEL B, WHALEHEAD 5 L0-( �SPNOS ------------ -- " \ P.O. BOX 1717 TOP OF CONCRETE SLAB =12.97' yII _- - VIRGINIA BEACH, VA 23451 NOW NOW OR FORMERLY Z Y LU \ D.B. 116 PG. 99 - I _ '' SEGS P• G 6 U_ P.C. 6 SL. 6 JAMES E. JOHNSON, JR. P.O. BOX 1717 \ \ Facility Name: Ocean Sands Wastewater Treatment Plant ---" EX�,TING CANAG _ , Treatment Plant, Buffers and Perimeter Canals. VIRGINIA BEACH, VA 23451 ------ OUR\ NR\SEC ,—' / —'r \ �' \ \ \ \ ,'' \ FEMA Data: - \ D.B. 193 PG. 901 MENT-------------------------------- �' \ �'' \ \ \\ \� \\ _ -- \ P C• 6 \\ __-- �'' PARCEL ID 0116 000 005C 0000_ INA GE P's Flood Zones: X and AE (10) GLOBAL PIN 9935-82-2191 75 DRA _--______----- - --- - -- --- -- -- - - -- Flood Zones subject to change by FEMA ---- - LOT 47 II ----" r I - -- - -- - - -- ---- ----- C LOT 48 I CROWN POINT P.C.DSL 136 (n O FZ LOT 49 CROWN POINT P.C. D SL. 136 I CANAL _ _ _ _ - _ ! • 1/4i4/1/S LOT 50 CROWN POINT P.C. D SL. 136 I EXISTING - - CROWN POINT II I - - _ - - P.C. D SL. 136 I I SETBACK i. c AV I II _--- — OSA ° w Q _ — G 2p0' DISP EX. MANHOLE 0 _--- EXISTIN O Z E a 0/io - - - - - - - -- E EXISTING PHASE 1 EMERGENCY GENERATOR EXISTING WWTP - PHASE 1 / EQUIPMENT BUILDING \ PROPOSED SPRAY FIELD DOSING SYSTEM NEW 6" SCH 80 PVC FOI E MAIN FROM SPRAY FIELD DOSIN�SYSTEM TO EXISTING SPRAY FIELD PROPOSED WWTP - PHASE 2 \ EQUIPMENT BUILDING 10' WIDE GRAVEL DRIVE ; /4" ABC OVER COMPACTED SAND/ b PROPOSED PHASE 2 /EMERGENCY GENERATOR EXISTING ! I 50,000 GPp� i_._--------- _--- _--- ----- -- - . - •---•--•----•-•- r •-- �i EXISTING WWTp ' i - o 100,000 GPD i i Z i i i o L_I a ; I I , : I WWI? �---� -- GPD I , r - CRO\RCI %W LOT 46 I I CROWN POINT P.C. D SL. 136 I I I I N PARCEL 4 o CROWN POINT COMMON AREA ---- I -PROPOSED CHAIN LINE MONITOR WELL MONITOR WELL NOW OR FORMERLY I I SECURITY FENCING MW 5 MW 9 CROWN POINT PROPERTY SEE DETAIL SHEET 5 OWNERS ASSOCIATION LOT 45 I I C/O COASTLAND CORP. P.O. BOX1717 II CROWN POINT VIRGINIA BEACH, VA 23451 P.C. D SL. 136 D.B. 265 PG. 930 I P.C. D SL. 136 _ _-_------ PARCEL ID 116A 000 OPOA 0000 GLOBAL PIN 9945-01-0639- ----- — - - -- ---— --- -- --- ---- - LOT 44 o TOE _ \ . PROPOSED CHAIN UNE III P CO D PO NT FIELD_BERM _.. 4.....3 C.O. \\ SECURITY FENCING S .136 _TO_P - ; _ -_-_ } \ I SPRAY_ _ toP - _ - ...SEE DETAIL SHEET 5 P-2 - - _ -- T6t SPRAY FlEW PERIME R _ - 0- ------------ ---------------- \\ \ \ II 1 -- -- -- -- - - - �_--• LOT 43 ------ .--" - ------ o--" C.O. I I i i I CROWN POINT P.C. D SL. 136 __..0. I _-_--- .... _. E•- - _ _.e^- - IN /, o_ p' C.O. CnLOT 42 x I CROWN POINT MONITOR WELL w I P.C. D SL. 136 --° "- - - - TYPICAL SPRAY HEAD I - --s----- -•� _" . "�-� ,% % / SENNINGER SUPER SPRAY - - - OPERATING PRESSURE = 15 PSI --{T __ -'$ ^ N i / MOUNTING HEIGHT = 3.0' _ _.4r-• _ --�-" RED NO. 12 NOZZLE ---"......O o_0,--. 0 (CONCAVE 36 GROOVE) LOT 41 3 WETTED DIAMETER = 34' CROWN POINT -0_- - _ _. -_'- �•-�'- FLOW PER NOZZLE = 3.81 GPM P.C. D SL. 136 o / �- --- _._ _.-o--•-- AY FIELD PERIME�R- _ . _.-- _-- __ _--t_ _ - -- - _- -_' / i1 TOE - _ -_T2 _--------- _ CROWN 40 WHA OT 5 P.C. D SL. 136 LEH�ADS PARCEL B,TL I I CR WN P INT I EWER _ _ - - T� CU TY _-------------- _ - __-_ _ -- - — _ - EXISTING SPRAY BED CURRITUCK COUNTY _ oma, / I _ -�-� TOTAL FIELD AREA = 104,878 SQ. FT. (2.41 AC.) P.O. BOX 9 _ - SPRAY FlE� BER P-1 TOTAL NUMBER OF SPRAY HEADS = 118 CURRITUCK, NC 27929 / FLOW PER SPRAY HEAD AT 15 PSI = 3.81 GPM D.B. 231 PG. 635 TOTAL FLOW TO FIELD (ALL ZONES) = 450 GPM P RCEL ID 0116 000 005B 0000 f / \ L---------1-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PARCEL LINE PARCEL LINE - - - - - - - - - - - - - EXISTING FORCE MAIN P ----------------------------------- 6" SCH 40 PVC ARCEL LINE TO SPRAYFIELD -------- \_ ---------- EXISTING PUMP TANK TO MO MW 6 WELL N N6 _ BE ABANDONED \EXISTING P c / �\ n� OCEAN SANDS SECTION N OPEN SPACE PUMPS AND CONTROL TO BE GO.1 SPNps CIE N pN N 6 Got SPNOS / 2p1 OS / 01 SNN REUSED IN NEW SPRAY FIELD DOSING SYSTEM O SCG�6 SG 6 P• r\ j NOW OR FORMERLY 8 \ V SN6 11 \ LPN SN \\ \ '/ ''// OGE 5 COASTLAND CORPORATION EXISTING PUMP TANK 5 L0-( �SPNOS Z�L\ \ P.O. BOX 1717 TOP OF CONCRETE SLAB =12.97' 153 Courthouse Road, Suite 302 Currituck, NC 27929 _- - VIRGINIA BEACH, VA 23451 INVERT IN (8" PVC) = 10.67' Z Y LU \ D.B. 116 PG. 99 PARCEL IDP126A 000 OPEN OOOL GLOBAL PIN 9935-81-3100 _ '' SEGS P• G 6 U_ P.C. 6 SL. 6 �\\ \\ \ \ Facility Name: Ocean Sands Wastewater Treatment Plant PARCEL ID 126A 000 OPEN OOON / PROPOSED CHAIN LINE SECURITY FENCING SEE DETAIL SHEET 5 1- Gpl \ GLOBAL PIN 9935-91-0171 --- \ --- General Notes: N N6 — SP P c OGEPN� SEC 6 SG. r NOW OR FORMERLY GO.1 SPNps CIE N pN N 6 Got SPNOS / 2p1 OS / 01 SNN \ \ _ , �' \\ O SCG�6 SG 6 P• COASPAONDBOCORPORATION \\ / 0 SE�(105� 6 8 \ V SN6 11 \ LPN SN \\ \ '/ ''// OGE 5 /01 6 Elrl6o5 5 L0-( �SPNOS p \ \\\ GZION s� 6 sG \ �, 153 Courthouse Road, Suite 302 Currituck, NC 27929 Z J / O °5L \ Z Y LU \ EXIS�NG CANAL OGLE 605E 6 �\ CO R \\ G°N 5 Nos \\ \ 6 ' oG EG 605E 6 \ LPN 15ANN - \ OC 605 6 6 . N PARCEL 3 G- SN \_ --- \ --- General Notes: OCEAN SANDS SECTION L OPEN SPACE — SP P c A V , Project Title: Ocean Sands Wastewater Treatment Plant j NOW OR FORMERLY ,'' —' \ 6 Got SPNOS V \ \ \ \ _ , �' \\ , _' \ 400,000 GPD MAIN PLANT — PHASE 2 \\ COASPAONDBOCORPORATION /� \ \\ OGSE�6 S� 6 �• \ \\ LPN SN \\ \ '/ ''// OGE 5 Applicant: The Count of Currituck y VIRGINIA BEACH, VA 23451 D.B. 116 PG. 99 5 L0-( �SPNOS p \ \\\ GZION s� 6 sG \ �, 153 Courthouse Road, Suite 302 Currituck, NC 27929 Z J / O °5L \ Z Y LU \ PARCEL IDP126A 000 OPEN OOOL GLOBAL PIN 9935-81-3100 _ '' SEGS P• G 6 U_ �\\ \\ \ \ Facility Name: Ocean Sands Wastewater Treatment Plant U) J Physical Address : 743 Ocean Trail, Corolla, NC 27927 0- — SP -- W Z GD >-M Lat/Long : Lat 36.322662, Long —075.815341' IL > N �°1�Nos ° SES SN 6 \\\\ \\ Current Wastewater Treatment and Disposal Permit: CnL0z00.� Co z ' \ c• 6 \ \ /,��'' �'� \ \ WQ0000185 last issued May 14, 2010 m J Lo CO C7 = cel rn Ga, 0 N°s Gg \ \ \ \ \\ \ ''� \ NOTICE: Phase 2 Wastewater Treatment Plant improvements lie Z J pGEP�gON \ Z Y LU \ entirely within the boundaries of Parcel 1. Refer to site plan 6 U_ �\\ \\ for property boundary locations relative to the existing \\ , Treatment Plant, Buffers and Perimeter Canals. C 2 °� �p Nos \ SPG \ \ \ ,'' OUR\ NR\SEC ,—' / —'r \ �' \ \ \ \ ,'' \ FEMA Data: GEPN \ o SEGtIOSG 6 \ \ ,� SU '' �' \ �'' \ \ \\ \� \\ _'� Community — Currituck County CID — 370078 \ P C• 6 \\ y '' �'' �'' \ , �' Map Number: 3720993500J Effective Date : 12/16/2005 M Flood Zones: X and AE (10) Flood Zones subject to change by FEMA U) J 0- -- W Z GD >-M E y IL > N 'N Z c0 Q) (V 0 CnL0z00.� Co z (%� 0 N Lr) x Z axJN© m m J Lo CO C7 = cel rn no L L Zc; J Ld Z O 0 • ?j LU Lj = E LU 0 0- Z J J Q W Q Z Y LU w U_ W O M OZ (n O FZ > Lu 0- U N w w Q 0 O Z E a E Z W W O W E ti � nqn r^ v 1 rwr� V v 1 Q a � rW V � O DATE: SCALE: 05-01-17 1 "=50' DESIGNED: DRAWN: M WR SHEET: S1 9 of CAD FILE: ocean sands wwtp-bose.dwg PROJECT NO: P13006 44, k A' r ' R f S •� 4'f tip� a ! :t. LW Long: -75.812609 cA Myeoca Q Ar¢ SSS te ` E�", .. 'FYI 125 250 500 Feet N 1 COROLIADUCKSTON w E— OIICKSTOH I � S �Q,m vJrM aw � 1 I COROLIADUCKSTON Legend 0 Parcels — Contour - 5 feet mmdft— Contour - 10 feet 5 DUNE IANo-NEWHAN SOIIs DSL_NAME - AaA At BN Soil: Newhan-Corolla BoA Ca Soil: Dune Land-Newhanill Cb - CnA NEMAN corm CoB Disposal Area ( = CrB Cu Da - Do - Ds Um Dt ' ® Du DwD Mu . NeC NhC No Os 5 ft M OuB Pa Di Po EA Pt Ro StA e s�+�..... StB To J .Du KSTox We 0 WEB Ws addlik �W IV. GENERAL REQUIREMENTS — I5A NCAC 02T.0100 (continued): 8. What is the nearest 100 -year flood elevation to the facility? Zone AE00') feet mean sea level. Source: NCFloodMaps.com Are any treatment, storage or infiltration facilities located within the 100 -year flood plain? ® Yes or ❑ No o IfY es which facilities are affected and what measures are being taken to protect them against flooding? Alth11 ough oment will occur in the Flood Plain. all access ways the treatment buildingand accessorya w meet will be installed at an elevation above the 100 year flood elevation. If yes, has the Applicant submitted written documentation of compliance with _§ 143 Article 21 Part 6? []. Yes or ❑ No 9. Has the Applicant provided documentation of the presence or absence of threatened or endangered aquatic species utilizing PP information provided by the Department's Natural Heritage Program? M Yes or ❑ No have a proposed or existing groundwater monitoring well network? ® Yes or ❑ No 10. Does the facility p p g If no, P provide an explanation as to why a groundwater monitoring well network is not proposed: If ves. complete the following table (NOTE — This table may be expanded for additional wells): Well Name Status Latitude a Longitude Gradient Location MW -1 Permanently Abandons 36.3229130 -75.814553° Cross Gradient Inside Field MW -2 Permanent) Abandon 36.3229560 -75.8141610 Cross Gradient Inside Field MW -3 Permanently Abandon 36.3230240 -75.813795° Cross Gradient Inside Field MW -4 Active 36.3228740 -75.8157660 Down Gradient On Cam fiance Boun MW -5 Active 36.323524° -75.814088° Cross Gradient On Compliance Bound MW -6 Active 36.322391 ° -75.814056° Cross Gradient Outside Compliance Bo MW -7 Active 36.3229160 -75.8126090 Up Gradient Inside Com fiance Boun MW -8 PermanentlyAbandons 36.321889° -75.814027° Cross Gradient Outside Com fiance Bo Select - Select Select Select - Select Select a Provide the following latitude and longitude coordinate determination information: Datum: NAD83 Level of accuracy: Nearest 10 seconds Method of measurement: Digital or raw photo extraction 11. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been submitted? ❑ Yes, ❑No or NN/A IZ_ If the Applicant is a Developersol has a Developer's Operational Agreement (FORM: DEV) been submitted? of lots to be � ❑ Yes, nNo or NN/A i a Home/Pro e Owners' Association, has an Association Operational Agreement (FORM: HOA) been 13. If the Applicant s P rty submitted? ❑ Yes, nNo or NN/A 14. Demonstration of historical consideration for permit approval —15A NCAC 02T .0120: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.6B? ❑ Yes or Z No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? F-1Yesor 0 No e y c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or Z No d. Is non-compliant with an existing non -discharge permit, settlement agreement or order? F1Yes or Z No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? []Yes or ® No FORM: HRIS 11-13 Page 3 of 16 Location and ownership of property boudaries within 500 feet of disposal area NO. NUMBER STREET CITY OWNER 1 OWNER 2 1 801 CROWN POINT CIR COROLLA COASTLAND PROPERTIES 2 799 CROWN POINT CIR COROLLA BROWN, DAVID B 3 797 CROWN POINT CIR COROLLA HALLEY, EDWARD M III HALLEY, ELIZABETH W 4 795 CROWN POINT CIR COROLLA GALLEGOS, JOSE E GALLEGOS, MARY KAREN 5 793 CROWN POINT CIR COROLLA MCGONNELL, DOREEN 6 791 CROWN POINT CIR COROLLA 791 CROWN POINT CIRCLE LLC 7 798 CROWN POINT CIR COROLLA JOHNSON, KURT C JOHNSON, LISA P 8 796 CROWN POINT CIR COROLLA JONES, CARL JOSEPH JONES, KRISTINA BELLISLE 9 794 CROWN POINT CIR COROLLA BRUNNER, MICHAEL BRUNNER, LARKE L 10 792 CROWN POINT CIR COROLLA FULTON, JOHN FULTON, DOREEN 11 790 CROWN POINT CIR COROLLA ADAMS, GERRI 12 772 CROWN POINT CIR COROLLA HYATT, GLENN W HYATT, MARGARET A 13 770 CROWN POINT CIR COROLLA OLIVER, JOE E OLIVER, DOROTHY M 14 768 CROWN POINT CIR COROLLA REED, KERRY REED, PATRICIAG 15 766 CROWN POINT CIR COROLLA DEWEY, FREDERICK LYMAN FORBES, SUSAN 16 764 CROWN POINT CIR COROLLA WARE, ROBERT MICHAEL WARE, NANCY P 17 762 CROWN POINT CIR COROLLA BROTHERS, JOEL V BROTHERS, PEGGY B 18 760 CROWN POINT CIR COROLLA SEARFOSS, KIMBERLY C 19 758 CROWN POINT CIR COROLLA RUNYON, MICHAEL RUNYON, WENDI L 20 756 CROWN POINT CIR COROLLA AMICI, PIER G AMICI, MARY M 21 754 CROWN POINT CIR COROLLA COASTLAND CORP. 22 757 CROWN POINT CIR COROLLA STEELE, GREGORY C DIANTONIO, MELANIE B 23 755 CROWN POINT CIR COROLLA CURRITUCK CLUB PROPERTY OWNERS ASSN INC 24 790 KINGS GRANT DR COROLLA TUROCY, ROBERT L TUROCY, MARIANNE A 25 788 KINGS GRANT DR COROLLA RONGSTAD, MARK S RONGSTAD, DEBORAH L 26 791 KINGS GRANT DR COROLLA SCHOTT, JOSEPH F SCHOTT, TERESA A 27 789 KINGS GRANT DR COROLLA HOFFMAN, MATTHEW T HOFFMAN, SHARON 1 28 753 SEA MIST LN COROLLA SALOOM SEAM IST LLC 29 755 SEA MIST LN COROLLA KLEIN, JOHN H KLEIN, ROZALYN B 30 757 SEA MIST CT COROLLA KLEIN, JOHN H KLEIN, ROZALYN B 31 759 SEA MIST CT COROLLA HULL, LARRY H HULL, SARAH S 32 761 SEA MIST CT COROLLA FORD, CHARLES P JR FORD, BRACE E 33 763 SEA MIST CT COROLLA AYLESWORTH, JOHN TRUSTEE AULESWORTH, ANNIE B TRUSTEE 34 765 SEA MIST CT COROLLA GARCZYNSKI, LINDA L GARCZYNSKI, CASIMIR 35 764 SEA MIST CT COROLLA MELVIN, CLIFTON R A 36 762 SEA MIST CT COROLLA STOUT, RICHARD MASON STOUT, KIMBERLY B 37 760 SEA MIST CT COROLLA MURRAY, ANNA MARIE 38 758 SEA MIST CT COROLLA GREEN, ROGER C GREEN, GEMMA A. 39 756 SEA MIST CT COROLLA ROBINSON, KENNETH A ROBINSON, RONDA B 40 763 SUNRISE CT COROLLA RILEY, EDWARD W. III RILEY, MARY E 41 765 SUNRISE CT COROLLA BERGO, ALAN R. BERGO, JEAN J. 42 767 SUNRISE CT COROLLA MAZGAJEWSKI, MATTHEW L MAZGAJEWSKI, CHRISTINA J 43 769 SUNRISE CT COROLLA FOOKS LLC 44 771 SUNRISE CT COROLLA LIWOSZ, THOMAS E LIWOSZ, DEBORAH B 45 773 SUNRISE CT COROLLA PRINCIPATO, MICHAELJ PRINCIPATO, MARY GRACE 46 775 SUNRISE CT COROLLA WEILER, MICHAEL L WEILER, ANJANETTE A 47 777 SUNRISE CT COROLLA THORNTON, ROBERT ANTHONY WILKINS, JEREMY B OWNER 3 OWNER 4 OWNER 5 OWNER 6 HOOD, STEPHANIE L CSAN, ARNOLD JR STEELE, LISA C CSAN, KIMBERLY K 48 776 SUNRISE CT COROLLA SINCLAIR, DAVID L SINCLAIR, BRENDA W 49 774 SUNRISE CT COROLLA PLUSCH, KELLI S PLUSCH, WILLIAM R 50 772 SUNRISE CT COROLLA TAVENNER, RAYMOND H TAVENNER, ANNE L 51 770 SUNRISE CT COROLLA DECKER, WILSON B DECKER, REBECCA B 52 768 SUNRISE CT COROLLA SMITH, STEPHEN 1 SLENKER-SMITH, AMY 1 53 766 SUNRISE CT COROLLA HEIDEN, RODD C STOUTER, ROBERT J HEIDEN, SHELLY E STOUTER, REBECCA R 54 764 SUNRISE CT COROLLA INTERNICOLA, CHRISTOPHER INTERNICOLA, COLLEEN 55 762 SUNRISE CT COROLLA MATZGANNIS, MICHAEL MATZGANNIS, IRENE 56 760 SUNRISE CT COROLLA JOY & WILLIAM LLC 57 804 HUNT CLUB DR COROLLA OCONNOR, KEVIN R OCONNOR, REBECCA R 58 802 HUNT CLUB DR COROLLA PEARLESS, REGINALD W TRUSTEE HSU, LILY S TRUSTEE 59 734 OCEAN TRL COROLLA CURRITUCK COUNTY NORTH CAROLINA U� Y CI�RRITUCK COUNTY 5 � BOOK 230 PAGE 600 p �SETTLEMENT AGREEMENT 311 QIS AGREEMENT is entered into this 16th day of June, 1987, by and betweE4 Coastland Corporation a corporation duly organized under the laws of the(;�tate of North Carolina and having principal offices located at 1112 Laskin d, Virginia Beach, Virginia, 23451, and Ocean Sands, Inc., a North CO,ina corporation the assets of which have been merged into Coastland(wereinafter sometimes collectively referred to as "Coastland"), and Currit6pk County, a body corporate and public organized under the laws of the State of North Carolina and having principal offices at the Currituck County Courthouse, Currituck, North Carolina 27929 (hereinafter, "the County"). WHEREAS, Coas.tJ and is engaged in the business of real estate development on thkAuter Banks of Currituck County, and in particular is the developer of a resort project known as Ocean Sands; and WHEREAS, CoastlarhYprporation and Ocean Sands, Inc. are plaintiffs and Currituck County is t e defendant in litigation now pending in the United States District Court � the Eastern District of North Carolina, (No. 84 -38 -CIV -2, hereinafter;�'referred to as the "federal suit"), which litigation involves the ,vvaa�l.idity of certain zoning regulations as they affect the Ocean Sands dev!Trent; and WHEREAS, Currituck CountMs the plaintiff and Coastland Corporation is the defendant in litigation iw pending in the North Carolina Court of Appeals (No. 841SC1168, hereinafter referred to as the "state suit"), which litigation involves the validity.D^ an agreement the terms of which purport to require the County to provide v�V r and sewer service to the Ocean Sands development; and WHEREAS, the parties to this agr ent recognize it is in their mutual best interest to resolve all pend. litigation and other matters of controversy or dispute arising out or related to the Ocean Sands development; and WHEREAS, pursuant to Section 719Cof to County Zoning Ordinance, The Board of County Commissioners on April 21, 1987 issued to Coastland Corporation a r..onditional use permit (hereinafter "The Permit"), attached hereto as Exhibit A authorizing it to complete Ocean Sands and made the effectiveness of that permit expressly cont:9gent upon execution by Coastland of this settlement agreement and compLiafice with certain of its terms; _✓) NOW THEREFORE, in consideration of the premises Xnd the mutual covenants set forth below, the parties hereby agree as follows: ra, --- Book 230 Page 600 BOBK 230 PAGE 601 2 Section 1. Additional Definitions. In addition to the terms defined G above, the following terms sheTihave the meaning indicated when used in this agreement: (1) Coastland. Where applicable, the term shall include Coastland's successors and assigns, including purchasers from Coastland of lots or tracts within Ocean Sands. Y' (2) County. Currituck County. To the extent that the County's obligations under this agreement are assumed by the District, then the term "County" shall, in appropriate context, refer to the Y District. (3) District. The water and sewer district established in accordance with ection 4 of this agreement. (�1 Economically Infeasible. Notwithstanding that the dominant purpose of this Agreement is to assure Coastland that its Ocean Sands development may henceforth be and remain marketable without lay or interruption on account of the unavailability of water d or service, a proposed manner of providing such service s"ll be considered economically infeasible if reasonable minds wov+F not differ that the cost of providing such service in that manTi err�� is excessive to the extent that it would be utterly unreSasonab, e and unrealistic to require that the service be provided in that manner, considering the benefit to Coastland and the ability of the County to finance such service. (5) Master Pi -W, The master plan of Ocean Sands, consisting of three drawings led MP1, MP2, and MP3 prepared by Envirotek, Inc. and dated Apri 1987, a copy of which is appended to Exhibit A, attached hero, and the contents of which are a part of this agreement. V`m (6) Utility Facilit`es. The term shall include wells, ponds, pumping stations, tanks, sewage treatment and discharge facilities, water treatment and stow a facilities, water and sewer lines and other equipment and faci les related to the water and sewer systems required for Ocean # 'Ps >>. (7) Ocean Sands. The ent'Kre development (consisting of approximately 08—acir-e—sT covered by the Permit. Section 2. Coastland's Genera��bligations. (a) Within thirty days after he execution of this agreement, Coastland shall: (1) Pay in full by cashier's or ertified check the amount of delinquent ad valorem taxes an nterest it owes on properties listed in the name of Coastlandc oration or Ocean Sands, Inc. Book 230 Page 601 BUUK 2 3 0 PAGE 602 3 Y� for tax years 1977 through 1980 as well as 1984 and 1985. If paid _ on or before July 31, 1987, this amount shall be $88,393.66. The County acknowledges that, with such payment, the ad valorem tax obligation of Coastland for all years through 1985 will have been O fully satisfied with respect to all properties described in the first sentence of this subsection (1). (2)ij� vey or have conveyed to the County the following: To the extent not previously dedicated or conveyed, all �existing water and sewer lines outside the boundaries of Xindividual lots as well as necessary easements for the same. b. \ ,All easement rights it has retained to locate and maintain utility facilities related to the water and sewer systems within areas dedicated as open spaces on previously recorded plat of Sections D, E. F, H, I, J, K, L, N, P, Q, and R, as wel open space located on the west side of Ocean Trail withi Section G (i.e., the present site of the water treatmEo plant). (3) Execute andFiie, with the U.S. District Court for the Eastern District of N�rtA,Carolina the Notice of Voluntary Dismissal of the federal suit( -attached as Exhibit B; and (4) Execute and delive7 oto Michael B. Brough, Attorney for the County, the Motion to With ,�y Appeal in the state suit, a copy of which is attached as Exhib`(�C�; (5) Execute and deliver to Michael B. Brough, Attorney for the County, The Motion to Vacate J nt and Enter Consent Judgment, Motion to Amend Complaint and d Party Defendant, and the proposed Consent Judgment, attachet Exhibits D, E1, and F respectively. (b) Coastland shall pay to the C<yinty on or before December 31, 1987: (1) All delinquent ad valorem taxe nd interest owed on the property within Section F of Ocean Sands own as Sea Loft Village for tax years 1980 through and including6. If paid during the month of December, 1987, this amount sha�be $42,851.69. (2) All delinquent taxes and interest it owes on property within Ocean Sands for tax year 1986. If paid during the month of December, 1987, this amount shall be $67,342.71. f (c) Simultaneously with the execution of th)s agreement, Coastland shall provide the County with an interim ea em from James Johnson (substantially in the form attached hereto as Exh G) to utilize that portion of Section V (approximately two acres adj aq� to the existing rotary distributors) that is necessary to accommodathe two additional rotary distributors that must be constructed imnediatelj;rVo comply with the Book 230 Page 602 BOOK 230 PAGE 603 4 �j terms of the County's discharge permit. It is understood that this area shall be included within the eight acre parcel shown as Section V on the O Master Plan and that title to said Section V is to vest in the County as provided in subsection (d). (d) Coastland acknowledges that the County is entitled to acquire title to the eight acre parcel shown as Section V and covenants that neither Coastland nor J.E. Johhson, Jr., present title holder, will object to the entry by the court of an order vesting title in the County pursuant to the terms of a Settlement Agreement entered into between Whalehead Properties, et al, and Coastland dated February 20, 1984. �j (e) With respect to all sections of Ocean Sands where common open sp,,,,�gggg (including reserve utility open space) is required other than those setons specified in subsection 2(a)(2)b above, Coastland shall convey or hav conveyed to the County easement rights to locate the facilities descroed in subsection 2(a)(2)b within such open space areas. (See Iecti3p',7 below for limitations upon the County's discretion to locate utility, facilities in open space.) (1) h conveyance shall be made before any lot within any such s`ion is sold or before any building permit is issued for such se on, whichever occurs first, unless conveyence is earlier req ired under (2) below. (2) If the County determines that, consistent with the other provision of this agreement, utility facilities must be installed gdeped in an velosection of Ocean Sands before Coastland designate 1-Sarea(s) within such sections that are to be preserved common open space in accordance with subsection 5(d)(4) of g,Permit, then the County may submit to Coastland a written req�9t to convey to the County easement rights for a specified aret-Niithin the section in question (up to a maximum open space perTtage set forth in Section 5(d) of The Permit) and Coastland shall, (+ ithin thirty days after receiving such request, either: a. Convey the regosted easement rights, or b. Notify the County of its intent to withdraw the section in question from the �tert�ms of the Permit as provided in Section 10(b) of the Permit,Oor C. Notify the County of((l�ts intent to submit to the County a master plan for the dadelopment of that section which shows how the required openY ace will be provided. This plan shall be submitted to th ounty within sixty days thereafter and Coastland shall conve o the County (simultaneously with the transmission of the Ma r Plan or as soon thereafter as possible) easement right (�to the open space area so designated. Book 230 Page 603 �O BOOK 230 PAGE 604 5 Y''> (f) Within forty-five days after receiving from the County a written request to do so (which request shall be made only if the County determines the requested easements are reasonably necessary to provide water service uR4r this agreement), Coastland shall convey to the County (i) an easement thrp,e,49h Sections X and Y to allow a water line and pump to be constructed to 1}f w water from Currituck Sound for the proposed desalinization plant, as � 1 as (ii) an easement to allow salinized water from the desal' zation plant to be discharged into the ocean. (g)� th respect to the conveyances required under this section, CoastlanPAall bear the cost of deed preparation and revenue stamps (if ired requb jaw), and the County shall pay the cost of recording the deeds. If the Cou(tly requires a metes and bounds description, this shall be provided by the County. Section 3. County's Obligation to Provide Service. (a) Subject (hand in accordance with the remaining provisions of this agreement, the Cou* shall provide and maintain water and sewer service to the entire Ocean S&8 development. (b) On the date thls agreement is executed, the water supply source for the water system s r ing the Ocean Sands development consists of three shallow aquifer wells. yfhe parties anticipate that the existing wells, together with two additi��a.11 wells to be located within the Ocean Sands development, can provide rTdt_ for approximately 800 dwelling units (or the equivalent in non-reside�;j.#1 demand). Thereafter, and subject to subsection (d), the CountyY0 11 obtain additional water from whatever source can provide an adequai and assured long term source of supply at the most reasonable cost. Among the alternatives that have been identified as being technically feasible a the fo]owing: (i) additional wells located on the Outer Banks but side the Ocean Sands development; (ii) mainland wells, with a water sup line running across Currituck Sound; (iii) a desalinization plant with rW4 water obtained either from deep wells or Currituck Sound, and (iv) Dare Coo�. (c) On the date this agreement ��## executed, the sewage treatment system serving the Ocean Sands develd}int relies mainly upon existing drain fields and a rotary distributorFFpr the disposition of treated wastewater. The parties anticipate that t((`o additional rotary distributors will be installed within Section V to meet the immediate need to expand the system's capacity in accordance with State requirements. Thereafter, additional system capacity will be obtained by installing underground low pressure drain fields rather than above ground vyootary distributors unless (i) approval cannot be obtained from apprWiate state or federal regulatory authorities, or (ii) underground linesr>rove to be economically infeasible, or (iii) the parties agree upon a sati!(yctory alternative. (d) The County shall, following generally a42g ,ted principles and policies of a public utility, make water and sewer se)Cvite available within Ocean Sands as needed on a timely basis so that developAent is not delayed O �X Book 230 Page 604 BOOK 230 PAGE 605 for lack of such service (in this regard, see subsection 6(e)). However, the County shall retain the right to limit connections for the duration reasonably necessary to accumulate funds for capital expansion if for some reason bond financing is not available or for other sound reasons. In addition, while both parties reasonably expect that the water and sewer Systems described herein can be constructed and financed as contemplated, both parties also recognize that the future cannot be predicted with certainty and that the County shall not be required or expected, in order to provide service as contemplated under this agreement, to attempt that which is impossible or that which, while theoretically possible, is illegal \,>'or economically infeasible. Nor shall the County be under any obligation V o condemn land located outside of Ocean Sands to fulfill its obligations -under this agreement (although nothing in this agreement shall be nterpreted as limiting the County's right to exercise its power of eminent domain as to land outside of Ocean Sands). %Sec e County shall make water and sewer service available to Sect and M as soon as possible after Coastland has supplied the Counthe in tract engineering design plans for those sections. 4. Creation and Expansion of District Within Ocean Sands. (a)It i is understood that the County expects to fulfill the obligati ns forth in Section 3 by establishing a Water and Sewer District und(zr•' Article 6 of G.S. Chapter 162A, and that the District shall assume the County's obligation as provided in Section 10. However, assumption by the District shall not relieve the County of its obligations under this agreement. (b) At the ft regular meeting of the Board of Commissioners after the mutual executio -o this agreement, the County shall initiate action to establish the DistriZt and shall diligently pursue the establishment of this District within earliest time frame permissible under the law. Initially, this Distri it hall include all that area designated as sections D, E, F, H, I, J, K, L, N�P, O, and R on the Master Plan. (c) The District estd@ ished in accordance with subsection (a) may be expanded under the provisigPV of G.S. 162A-87.1. Within the sections of Ocean Sands (as shown on thboaster Plan) that are not included within the District initially, the Disls��i9c shall be expanded in a manner that is consistent with the mutual iNtent of the parties that (i) the District provide service only to areas that are within the District, and (ii) areas be annexed to the District only as water and sewer service becomes available to them. Within Se'onT, Coastland shall petition for annexation to the District under `�q�S. 162A -87.1(b) in a manner that is consistent with this subsection. ( use an extension of the District can become effective only at the beginni4 of a fiscal year, it is recognized that service to a particular area m actually become available shortly before or after that area is added to t District). (d) It is acknowledged that, underY,.C. Gen. Stat. § 162A-89, the governing body of the District shall be the Currituck County Board of Book 230 Page 605 BOOK 230 PAGE 606 7 r�r��Commissioners. However, the Board shall establish an advisory committee to Y�'r� ceive information from and make recommendations to the Board on all aspects of the District's operations. The advisory committee shall consist of at least three but no more than five members, and its composition shall b siensure input from those most affected by the operations of the 'strict.gnedto The comnittee's membership shall include at least one member rec nded by the Ocean Sands Property Owners Association and one member reco ded by Coastland. Sect. n 5. Ex a�nsiignn of District and Providing Service Beyond ce0 an�ands. (a) Ez t as provided in the remainder of this section, nothing in this agreem nt shall limit the discretion of the governing body of the District to determine whether, when, and under what conditions the District should be expanded beyond the boundaries of Ocean Sands or water and sewer services provided by the District beyond those boundaries. (b) Subjectt ubsection (d) and except as otherwise mutually agreed by the parties in 'ting, expansion of the District beyond Ocean Sands or provision by the Di(grict of water or sewer service beyond Ocean Sands shall be permissible on�-v as follows: (1) Capacity to ss rice Ocean Sands to the fullest extent development is authorized utWrr the Permit must be assured. (2) The natural reso Pr, of Ocean Sands shall not be impaired or used in any way to prov cJe rvice outside Ocean Sands. (3) For a period of ten y�ers after the execution of this agreement, the water and sewer treatment plants located within Ocean Sands shall not be used to pro"W e service outside Ocean Sands. (c) If any of the utility flities installed to provide water or sewer service to Ocean Sands are s l� larger than is reasonably expected to be necessary to provide service t cean Sands, with the expectation or intention of using such facilities tojo vide service to developments other than Ocean Sands, then the costs ociated with "oversizing" such facilities shall not be paid for out revenues generated by or from properties within Ocean Sands. X (d) Should the District determine that it is willing to provide service to areas outside Ocean Sands but that, consistent with subsection (b), it can provide such service only if Coastland agrees and relinquishes its right to construct some of the commercijy or residential density authorized under the Permit, then the Distric ay serve areas outside Ocean Sands after Coastland officially relinquish some of its authorized density in the manner required by Subsection 4(h) of—the Permit. Coastland shall not be entitled to any compensation from the my or the District for any such reduction in density, but nothing in\tgis agreement shall prohibit Coastland from receiving some consideration o another developer 0 �X 230 Page 606 BBOK 230 PAGE 607 a thatbenefits from water and sewer services the District may be able and willing to provide if Coastland does relinquish some density. Section 6. Financing of Expansions. O (a) Subject to subsection (c), Coastland shall install at its expense all capital facilities necessary to connect individual lots within the sections of Ocean Sands to the water distribution mains and sewage \-1 collection mains that make water and sewer service available to these 0 sections. Without limiting the generality of the foregoing, such facilities shall include water distribution and sewage collection lines Y ^serving individual lots, laterals, water meters, etc. > (b) Subject to subsection (c), the cost of constructing all other new cape al facilities necessary to provide water and sewer service to Ocean Sans shall be borne by the County (or the District as the successor for theunty) and shall be paid for out of revenues generated by the deve ent, except that the County shall apply for any federal or state funds ilable for water and sewer purposes and shall make those funds availab to the District and shall otherwise deal with Ocean Sands and the District fair and impartial basis relative to other County -owned or District��e', water or sewer systems operated within Currituck County. Except avided for herein, the County shall be under no obligation to transfer 4 funds to the District or otherwise expend County revenues to fund or sl�udport the water or sewer systems serving Ocean Sands. For purposes of this subsection, "revenues generated by the development" means monthly service charges, impact fees, or other fees and charges paid by Ocean Sands property owners who are customers of the water and sewer system, property tabes levied under Article 16 of G.S. Chapter 153A, or Article 6 of G.S. 1apter 162A, and paid by Ocean Sands property owners, or other revenues dl�4r ved from the Ocean Sands property owners as a result of water or sewer ser©ce and not generally paid by other County residents. (c) The parties r�`c�,nize that substantial fill material may have to be added to Section V a �.perhaps other areas to make the waste treatment facilities operate prope; y. Coastland shall be responsible for providing such fill to the County 0 Coastland's expense in accordance with this subsection: \-1, (1) If Coastland is u essful in obtaining permission from appropriate federal dF state agencies to construct a marina in Section Y, and if the ma erial removed to create the marina can satisfactorily be used a fill material (sand or dirt), then Coastland shall bear the st of digging out said materials and stockpiling it ready for r transportation. The County shall bear the cost of transpor ' this fill material to the sewage treatment site and unloading �tt (2) If the material from the propo� marina site is suitable for fill but Coastland has not received ission to construct a marina by the time the County needs the fi�� material, or if the material Mo, Book 230 Page 607 development at no charge, but the cost of removing and transporting such borrowed material shall be borne by the County. In such event, the County shall exercise due care to leave the O premises except for the excavated area as nearly as practicable in the condition it was before such removal. (3) stland's responsibility to make fill "available" within Ocean S s under this subsection shall mean making available to the Co access to the fill materials without undue burden or exp e. However, Coastland's obligation to provide fill within OceanSands shall not extend to any undertaking that is econo scally infeasible, meaning any undertaking about which reasonable minds would not differ that the cost of providing fill in that manner is excessive to the extent that it would be utterly unreasonable and unrealistic to require Coastland to provide fill in that m hZr, considering the benefit to the County and the effect upon,.)e marketability of Coastland's property. (d) The County s✓✓consistent with sound and accepted utility management practices, aKa u, lish and revise from time to time a schedule of rates and charges suffici J�ii to meet its expenditure obligations. (1) To the extent rea3., bly possible, the cost of capital expansions shall be paid for` W Yh funds derived from impact fees or the issuance of bonds. \hen bonds are issued, impact fees shall be established at a rate�easonably calculated to provide sufficient funds to cover a sub Antial portion if not all of the bond payments, except that i pact fees shall not be set at unreasonably high levels considering �yyp�h factors as the comparable cost of providing water and sewert.dervice by wells and septic tanks and the amount of impact fQs charged by other Outer Banks communities. (2) Revenues from monthly servic� arges shall generally be used primarily to cover operation maintenance expenses and to a lesser extent to provide capital !erves or make bond payments. (3) The District shall establish its r6enue structure to minimize (and eliminate if possible) the degi`ee to which ad valorem taxes must be levied to establish capital revenues, make bond payments, or cover operating costs. (4) Before increasing monthly service char6 or impact fees, the County shall provide to Coastland thirty days written notice of the intent to increase such fees or charges.✓rr��Such increases shall not become effective until thirty days after Coastland receives such notice or until the County receives �o stland 's written comments on such increases, whichever occurs ewer. No, Book 230 Page 608 BOOK 230 PAGE 608 g from the proposed marina site is unsuitable for fill, then Q Coastland shall still be responsible for making necessary fill � material available to the County within the Ocean Sands development at no charge, but the cost of removing and transporting such borrowed material shall be borne by the County. In such event, the County shall exercise due care to leave the O premises except for the excavated area as nearly as practicable in the condition it was before such removal. (3) stland's responsibility to make fill "available" within Ocean S s under this subsection shall mean making available to the Co access to the fill materials without undue burden or exp e. However, Coastland's obligation to provide fill within OceanSands shall not extend to any undertaking that is econo scally infeasible, meaning any undertaking about which reasonable minds would not differ that the cost of providing fill in that manner is excessive to the extent that it would be utterly unreasonable and unrealistic to require Coastland to provide fill in that m hZr, considering the benefit to the County and the effect upon,.)e marketability of Coastland's property. (d) The County s✓✓consistent with sound and accepted utility management practices, aKa u, lish and revise from time to time a schedule of rates and charges suffici J�ii to meet its expenditure obligations. (1) To the extent rea3., bly possible, the cost of capital expansions shall be paid for` W Yh funds derived from impact fees or the issuance of bonds. \hen bonds are issued, impact fees shall be established at a rate�easonably calculated to provide sufficient funds to cover a sub Antial portion if not all of the bond payments, except that i pact fees shall not be set at unreasonably high levels considering �yyp�h factors as the comparable cost of providing water and sewert.dervice by wells and septic tanks and the amount of impact fQs charged by other Outer Banks communities. (2) Revenues from monthly servic� arges shall generally be used primarily to cover operation maintenance expenses and to a lesser extent to provide capital !erves or make bond payments. (3) The District shall establish its r6enue structure to minimize (and eliminate if possible) the degi`ee to which ad valorem taxes must be levied to establish capital revenues, make bond payments, or cover operating costs. (4) Before increasing monthly service char6 or impact fees, the County shall provide to Coastland thirty days written notice of the intent to increase such fees or charges.✓rr��Such increases shall not become effective until thirty days after Coastland receives such notice or until the County receives �o stland 's written comments on such increases, whichever occurs ewer. No, Book 230 Page 608 BOOK 230 PAGE 609 10 (e) The County shall undertake expansions of the water and sewer ✓O systems when peak usage of the systems reaches approximately 80% of capacity. Decisions on the size of any plant expansions shall be made in recognition of the County's obligation to expand the plant as necessary to keep pace with development while avoiding the capital and maintenance costs associated with excessive expansion. To this end, the County shall adopt policies to ensure that, whenever Coastland or a successor purchaser of a tract requests expansion of the water and sewer systems to accommodate new development, the County is protected from the risk of undertaking the expense of the expansion and then not having the development occur, to the \-detriment of the ability to pay bonds issued to finance such expansion. In addition to other policies that may be adopted to accomplish the foregoing obJ''ee,ctive, the County shall adopt a policy that provides that, whenever a developer submits a written request for an expansion, the County shall pr ed with the requested expansion using all due diligence so that sery cj p can be provided as soon as reasonably possible but not later than two y , after the date of the request, if: M he expansion can be financed through the sale of bonds (to the M% veloper or other purchasers) or funds for the expansion are ot�erwise available; and (2)Thdeveloper makes a commitment to connect dwelling units or other development to the system according to an agreed upon schedule and to pay applicable fees (including without limitation impact fe s and monthly service charges), to the extent necessary to assu �e .that, if the proposed development or other development does no t�{ a the requested capacity, the County will recover its capital co�tS and ongoing maintenance costs, and provides adequate security ((((((��t�Y���ttt���it�ough a letter of credit, deed of trust on the property deped, or other means) satisfactory to the County to guarantee thi0lommitment. (f) All in-tract 1'fnry� and other facilities shall be constructed in accordance with the poliMes, and specifications of the County. Lines and other facilities not con Wucted by the County, together with necessary easements, shall be dedica* to the County before connection is made to the systems operated by the I:.a>jnty. Upon dedication, the County shall be responsible for maintenance of such lines and other facilities. (g) Any agreement between'Lle County and a contractor for the construction of water or sewer ®aci1ities shall contain schedules for completion and penalty provisions. n Section 7. Location of Utility ilities. Book 230 Page 609 BOOK 230 PACE 6 i1 II (a) While Coastland shall convey to the County easement rights to eco struct and maintain utility facilities within all common open space a�+3ess of Ocean Sands as provided in subsections 2(a)(2) and 2(e) of this agreement, the County's discretion to locate such facilities within such opeopace areas shall be subject to the provisions of this section. Q Sewage treatment facilities (including underground distribution lines)(,—"ed to provideservice to all sections other than Sections G and T shall, the extent possible, be located within Section V. Sewage treatmen acilities used to provide service to Section G shall preferably be locate ,��k((ithin Sections V or G, and sewage treatment facilities used to provide sekV'ce to Section T shall prefereably be located within Sections V, T, or S. (c) If rotary distributors are required to be used to provide adequate sewage treatment and such distributors cannot be confined within Sections V, G, and T, then such rotary distributors shall be located within reserve utility open space eas (i.e., the shaded areas shown on the Master Plan) to the extent posS, . (d) Coastland a� the County expect and plan that the proposed water desalinization treatm nd storage facilities will be located in the open space area between Sec i ns H and I as shown on the Master Plan (drawing MP2). However, shoul a County be prohibited for any reason from locating these facilities�lfi the indicated area, then it is acknowledged that such facilities may h placed in the open space set aside within Section G in a location ap^i M by Coastland. e) Before locating or no.g a contractual commitment to locate any above ground utility facilities, �Atside Section V, the County shall provide Coastland with at least thirty days written notice of the County's intent to place described facilities in� identified location. Coastland may then provide the County, orally in in writing, with any comments or suggestions it may have on the CouIs plans. The County may not act to implement its proposed plans until thirty day period has expired or until it receives Coastland's written 0 ments, which occurs earlier. Section 8. Detailed Plan for ProviA. Service. (a) The County shall prepare or have y epared for it (and furnish to Coastland) a complete plan for how water andsewer service will be provided to meet the County's obligations under this agreement. This plan shall include analysis of how the costs associated with constructing, operating, and maintaining the proposed system are to be financed. Within ninety days following the execution of this agreement, the County shall provide Coastland with a written summary of the propose plan, setting forth the alternatives under consideration, the projected ope of the plan, and estimated taxes, fees, and rates. A complete pl hall be provided to Coastland within one year after execution of this ag gent. (b) The purpose and intent of this subsection isv13r t to require the County to prepare complete design and construction eYawings for the O �X Book 230 Page 610 BOOK 2 3 0 PAGE 611 12 G proposed expansions or complete budgets for future years but rather to ensure that the County undertakes the necessary planning work so that it can responsibly and in a timely fashion meet its obligations under this O agreement. (c) The plan required under subsection (a) shall be updated annually �. (and a copy furnished to Coastland) until Coastland has sold 90% of the lot area within Ocean Sands or until the passage of twenty years, whichever occurs first. �N (d) The County's obligations under subsection (a) shall be contingent compliance by Coastland with the provisions of Section 2(b) of this V regiment. ,S`ttion 9. Miscellaneous County Obligations. (a Inconsideration of the conveyance to the County of the easement rights scribed in subsections 2(a)(2), and 2(e) of this agreement, the County U (1) n five days after it receives the tax payment specified in sction 2(a)(1) and the deeds of easement described in sub 'Zion 2(a)(2), transmit to Coastland a check in the amount of $94.30. (2) Within five days after it receives the tax payments specified in subsection 2(b), transmit to Coastland a check in the amount of $29,808.516 (b) Within fivodays after receipt of the documents specified in subsections 2(a)(3), 1@a)(4) and 2(a)(5), the County shall, by and through its attorney, Michael ".rough, execute and file with the North Carolina Court of Appeals the 'M. t* to Withdraw Appeal" attached hereto as Exhibit C. \-1. (c) As soon as the Nord Carolina Court of Appeals allows the parties' Motion to Withdraw Appeal ar\&'remands the action to the Superior Court of Currituck County, the County 0*11 , by and through its attorney Michael B. Brough, execute and file wi the Superior Court the Motion to Vacate Judgment and Enter Consent Julfgment, Motion to Amend Complaint and Add Party Defendant, and the proposed Consent Judgment, attached hereto as Exhibits D, E1, and F respectively (("� (d) Within ten days after the -strict has been finally established under G.S. 162A (i.e., the 30 day pefor appeals regarding the creation of the District has passed without eal or any appeal filed has been finally resolved in favor of the Dis 'ct), the County shall record an instrument or instruments conveying to District all the County's right title, and interest in the water and s r systems (including all real property interests conveyed by Coastland the County pursuant to this agreement). C O �X Book 230 Page 611 O BOON 2 3 0 PAGE 612 13 (e) The County shall actively support Coastland's efforts to obtain rmissi0n from relevant state and federal agencies to develop Section Y as marina. At Coastland's request, the County shall act as a co-applicant with Coastland to obtain necessary permits, but Coastland shall bear the re nsibility for and cost of preparing and filing required permit applaaations. (f The County shall actively support an effort to make liquor by the drink a lable within at least the Ocean Sands portion of the Outer Banks. (g) �h County shall install and maintain sufficient landscaping or other buffing devices so that all utility facilities are properly screened ye round from the view of adjacent properties and streets. Evergreen screening shall be a minimum of five feet tall within three years of planting. In addition, lines providing electrical service to such existing and future facilities shall be run underground if located in any section whereseco dart' electrical service is otherwise run underground. If any utility fc"ity or overhead line is abandoned by the County, it shall be cleaned upbnd removed at the County's expense. (h) Any Basemen✓✓tom r open space areas granted or dedicated to or for the benefit of the C�y that are not required under the Permit and are not reasonably necessaqoto provide utility services to Ocean Sands as contemplated under the ,P�trmit and this agreement shall, at Coastland's request, be reconveyed by )qe County to Coastland. Section 10. Rights andll lligations of District as Successor to County. 1�1) (a) The parties to this acu,14ement expect, and the County will assure, that: (1) The District will execl� an instrument accepting all of the County's obligations unde(Dthis agreement in consideration of the County's conveyance to the (?gstrict of the County's right, title, and interest in the wateraogd` sewer systems and related property interests as provided in Sub3lq�yion 3(c). (2) The District will, as soon as r0„si,onably possible, seek authoriza- tion from the qualified voters "�,pt�he District to issue bonds to � finance the proposed expansion \ 'the water and sewer systems necessary to serve the District. (b) Upon assuming the County's obligations under this agreement, the District shall also succeed to all of the County's rights and prerogatives under this agreement. O O �X Book 230 Page 612 BOOK 230 PAGE 613 14 f Section 11. Relocation of Water and Sewer Facilities. With the approval of the State, Coastland may relocate water or sewage treatment facilities as well as water storage facilities, so long as such relocation impose no additional capital or operating costs on the County and does not otherwise prejudice the County in any way. Section 12. Abandonment of Claims. (a) Coastland and the County hereby mutually cancel and terminate and `eebandon all claims (monetary and otherwise) arising out of that certain (Oreement between the parties, entitled "Developer and County Water and ey�r Agreement," dated May 7, 1973, relating to provision by the County of water and sewer services to the Ocean Sands development. Coastland hereby abandons any rights or interest it may have to develi its property in accordance with or pursuant to the conditional use permit (j'sued by the County on March 20, 1973, for a planned unit develop- ment kn as Ocean Sands and further abandons any claims against the County (Oitketary or otherwise) resulting from any alleged deprivation of rights ari g out of the issuance of this permit. (c) The oregoing abandonment of claims is specifically made con- tingent upon ;K creation of the District as set forth in Section 4 of the agreement and he acceptance by the District of the County's obligations under this agreement as set forth in Section 7. In addition, the foregoing abandonment of claims may be rescinded by either party if a court of competent jurisdictign, in a final judgment, invalidates either the Permit or this agreement, vide, that before such rescission becomes effective Coastland shall ret�q to the County any payments made under subsection 9(a) of this agreem: and the County shall reconvey to Coastland any easement rights convey „pursuant to subsections 2(a)(2) and 2(e) of this agreement. �\` Section 13. Obligati -to Run with the Land. It is Coastland's in tion that the obligations undertaken by Coastland with respect to thir678 acre tract described in Exhibit A shall run with the land and shall bec,�inding on successors or assigns who acquire any portion of this property ash undeveloped acreage. Coastland further understands and acknowledges that this settlement agreement as well as the Permit shall be recorded and intend that any such purchaser of undeveloped acreage shall, as a condition of §ueh purchase, be bound by all applicable terms of this agreement and the Pernio. Section 14. Agreement Not for Ben t of Third Parties. —�-`-- This agreement is solely for the befit of the parties to it, and no person or entity other than one of the pal`i es hereto shall seek to enforce the agreement against a party or claim�y benefit from either party arising out of the provisions of this ag rent unless such person is a Book 230 Page 613 O BOOK 230 PAGE 614 15 'Cs,ccessor to the rights and obligations of such party or, by contractual o ement, such person or entity is acting on behalf of such party. By way f�illustration without limitation, no person or entity other than Coast land or its successors or assigns who acquire undeveloped acreage may seek,tA enforce or otherwise benefit from any commitment made by the County in t agreement concerning the manner in which water and sewer services are tcUe provided or fees and charges levied to finance such services. Sect Wq 15. Effect of Incorporation. The poo les agree that, if the portion of the Outer Banks where Ocean Sands is to ed should be included in any municipal corporation created on the Curritucouter Banks, all rights under this agreement and the Permit shall be regard as vested and may not, without Coastland's consent, be adversely affe ed by any zoning or subdivision ordinance or other decision adopted by such newly incorporated municipality. The County agrees to attempt to have a provision incorporating the substance of this section included in any spec al legislation passed by the General Assembly that m incorporates such �,UipaIity. Section 16. Arbi ion. Notwithstanding tha"e terms of this Settlement Agreement are to be incorporated in and may enforced pursuant to a Consent Judgment to be filed in the state suit, "O parties agree that on notice given by either of them, any controversy h> gqafter arising between them relating to this agreement (except a claim b,�;qastland based upon an alleged breach by the County of the covenant contdined in Section 17) or to the failure or refusal to perform the whole 0 any part thereof, shall be submitted to arbitration under the terms of tWUniform Arbitration Act, G.S. § 1-567.1, et seg Notice of intent to arbitrate given by one party to the other shall be effective if in writing aA delivered to the other, or mailed to the other, at the address stated W the signature page hereto, within a reasonable time after such party b(Omes aware of the existence of such controversy. Such notice shall not b"nsidered untimely solely by reason of its having been delivered or mailedefby either party) within the time for filing of answer to a complaint fi wherein some part or all of the same controversy is asserted as grounds a civil action. Any such civil action shall be stayed pending arbitrat' which is timely invoked by either party, unless on motion of the other rty the Court shall otherwise order for reasons it finds compelling. Section 17. Covenant of Validity. The County covenants that it has complied with all statutory requirements to ensure that this agreement i�jf,a valid and binding obligation upon it and that it has received thelvr�itten opinion of its counsel, Michael B. Brough, to that effect. ) O �X Book 230 Page 614 BBOK 230 PArF 615 16 Section 18. Execution of Additional Documents. Both parties shall execute any additional documents necessary to O implement the foregoing agreement. Section 19. Notice. Notice to either party shall be effective if mailed to the address set forth in the introductory paragraph to this agreement. �X Bou 230 PAGE 616 ASTLAND CORPORATION James Johnson, President OCEAN SANDS, INC. PV 5� By: aures o nson, res a. Attest: N 17 Attest: The undersigned lJames Johnson executes this agreement individually to acknowledge his obligations under Sections 2(c) and 2(d) as well as his obligation to executA the Answer set forth as Exhibit E3 and the Consent Judgment attached aCPxhibit F. J L' uLGI eI son • IL'a�uu , •, SEAL -STAMP N®RINX SARNK T N11� X k��f iE7(� �y$jj X !��SS STATE OF VIRGINIA, COUNTY OF ANNE I, a Npt y Public of unty and State aforesaid, certify that UokVra,.i( n personally came before me this day and acknowledge that She s Secretary of COASTLAND CORPORATION, a North Carolina corporation, an th y authority duly given and as the act of the corporation, the foregoing irserument was signed in its name by its President, sealed wi`til its corporate seal and attested by _�y „y,as its cretary. Witness my hand and o icia stamp or seal, this _ ay , 19 My commission expires: STATE OF NORTH CAROLINA COUNTY OF CURRITUCK I, a notary public of the county and state aforesaiQ £ertify that'Eileen M. Wirth personally appeared before me this day and acl�idx�ledgeq;.thq Bila, -is clerk to the Board of Commissioners and that the foregoi�k` erd t' as igiwd by Frances Walker and attested by Eileen M. Wirth as cler ai l'{eu t [b. the official action of the Board in issuin the permit on 'I 2 + My commission expires 9-29-90. NOTARPUBLIC/ j•-••••'���+, 230 Page 616 BOOK 2 3 0 PAGE 6 17 16 SEAL -STAMP NtlN�MXNXNNK�NXXxN8KK�8XKlEXN858��. STATE OF VIRGINIA, COUNTY OF PRINCESS ANNE I, a Notary Public of the County and State aforesaid, certify that U/b,�.tik�,, __ personally came before me this day and acttiowwledged-tots es— Secretary of OCEAN SANDS, INC., a North Carolina corporation, an -d Lhaf-6y authority duly 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 y �....,�. as its Secretary. Witness my hand and 'e c a stamp or seal, this ,Z ay o N AT Rte' FUtSLT6—:�� • n .\ ? My comdrYSFion expires:{/y—/990 ' The ` 6t going instrument has been pre -audited in the manner required by the Local rnment Budget and Fiscal Control Act. Date � n nance fifcer �O NORTH CAROLINA, CURRITUCK COUkAY The foregoing certificate(s) of y, ,p Ailw s. �j iz�i. q -� �' J/ice'"' s L� ^' Y3�='f✓%� is (are) certified to be gqcorrect. This instrument was presented for tration at_2;43 'clock , on � ` .S_- 19-L_, and recorded in Book _ Page. RjhKer ,.of eels .2- 06. Deputy Register of Deeds X Book 230 Page 617 NORTH CAROLIX,-,& NON -WARRANTY DEED THIS DEED made this 27th _. _. day of October 19 8.9 by and between GRANTORO GRANTEE JAMES E. JOHNSON, JR., unmarried CROWN POINT PROPERTY OWNERS ASSOCIATION, INC. o Bldg. 1, Ste. 6, Scarborough Faire YCitty Hawk, NC 27949 Enter In approprlate block for each party: name, address, and, It appropriate, chanacwrMyntlty, e.q. corporation"er. y`rtnenhip. The designation Grantor and Grantee as used herein shall include said parties�t eir heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by contex, WITNESSETH, that the Grantor, for a valuable consideration paid by the Gran the receipt. of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey until�thJ�p,Grantee in fee simple, all that certain lot or parcel of land situated in the City of .. n/a .__,..,.,.. ._, . P. Rlar Branch Township, Currituck _.. _... County, North Carolina and more particularly described ns fo o yyy��a: See Exhibit "A" attached hereto and incorporated herein by refere4, LAND TX~U TAX AMOYWT /'ate W)11,L DATE PAID fOLLg6TOR ra, N P Book 265 Page 930 �O BOOK 265 PAGE 930 FILED � '85 OCT 31 PIS 4 49 CHARLENE Y. DOWDY REGISTER OF DEEDS COUNTY, N.C. a CURRITUCK Exelse Tex Recordlne Tlme, soon end Page Tax Lot No. __. ___... ........_._............_._ Parcel Identifier No. ___..._ __. _. ....._.. ........ __... Verified by ..._.. ....__.,...... ..�.1.,.. ...._....... County on the __........ day of ............ _._... .....__., 19....__.... n Mail after recording to ....... John G., Sr., Attorney, at Law. 6, Scarborough Faire, Kitty Hawk, NC 27949 This instrument was prepared by ...John. Caw, Jr. ___ Brief description for the Index NORTH CAROLIX,-,& NON -WARRANTY DEED THIS DEED made this 27th _. _. day of October 19 8.9 by and between GRANTORO GRANTEE JAMES E. JOHNSON, JR., unmarried CROWN POINT PROPERTY OWNERS ASSOCIATION, INC. o Bldg. 1, Ste. 6, Scarborough Faire YCitty Hawk, NC 27949 Enter In approprlate block for each party: name, address, and, It appropriate, chanacwrMyntlty, e.q. corporation"er. y`rtnenhip. The designation Grantor and Grantee as used herein shall include said parties�t eir heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by contex, WITNESSETH, that the Grantor, for a valuable consideration paid by the Gran the receipt. of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey until�thJ�p,Grantee in fee simple, all that certain lot or parcel of land situated in the City of .. n/a .__,..,.,.. ._, . P. Rlar Branch Township, Currituck _.. _... County, North Carolina and more particularly described ns fo o yyy��a: See Exhibit "A" attached hereto and incorporated herein by refere4, LAND TX~U TAX AMOYWT /'ate W)11,L DATE PAID fOLLg6TOR ra, N P Book 265 Page 930 BOOK 2 6 5 PAGE 931 Exhibit "A" All that certain tract of real property designated as "Open f Space" on the subdivision plat of the subdivision of "Crown C� Point" at Ocean Sands and more particularly described as follows: �O Beginning at an existing concrete monument having N.C. Grid co- oordinates X-952046.08 and Y-2938803.83, said concrete monument also being the Northwest corner of the property herein described VIII as shown on that certain map or plat titled "Crown Point at Ocean (,Sands" prepared by Bissell Associates dated August 8, 1989 and filed in Plat Cabinet D, Slides 136, 137 6 138 in the Currituck County Registry; thence running 588 deg. 24 min. 14 sec. East 177 feet more or less to an existing concrete monument having Gdco-ordinates X=952016.67 and Y=2939859.45, thence ,g iinuing through said existing concrete monument South 86 deg. 24 min. 14 sec. East 62 feet more or less to the mean high mark of th Atlantic Ocean; thence turning and running in a generally Soutie stly direction along and with the mean high water mark of the Antic Ocean to a point thereon, said point being the point of int ection thereof by and with a line by extending the South bound. of hot 27 of said Crown Point Subdivision South 88 deg. 24 min. 2 sec. East to the mean high water mark of the Atlantic Ocean anhe aforementioned point thereon; then turning and running a�q said point of the mean high water mark of the Atlantic OLS n North 88 deg. 24 min. 12 sec. West 1272 feet more or less to xset iron rod and the East boundary of pioperty now or formerly °Led by Currituck County; thence turning and running North 19 deg. 13 min. 13 sec. West 582.04 feet to a set iron rod; thence running North 04 deg. 40 min. 25 sec. East 256.27 feet to an existing concrete monument and the point of beginning. Saving, excepting and reserving from this conveyance all those platted lots numberdp 1 through 90 inclusive of the subdivision of Crown Point at Ocean Sands as shown and delineated on the ' aforesaid plat therea. X Book 265 Page 931 d O BOOK 265 PAGE 9'02 �O The property hereinabove described was ac`giy'red by Grantor by instrument recorded in _._. _...._. _.__.. Deed Book 193, .page 901., . CurrituCCcOCoo`unty_ Registry. A map showing the above described property isi`�ortled in Plat Book Cab. D page Slides 136, 137 6 138. TO HAVE AND TO HOLD the aforesaid lot or par l of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or Implied, as to ;Ie le to the properly hereinabove described. IN .—aa Wtl Etl EO i. ane Oranbr be. hereunto et nl. be eQ tl L r u, c pont., au uses Iola .......monk to be. lanes I^O�R NVIt iitiueo by or r of n. Roue or . A.r ntl year eefPor.ta nems by 1. u y une-1 a o (item sea 11. real to be c� .utnorll above wrltnn. (C -P ... I N.me) iY2 �/ ,7phgg g, J SON, JR. z By: .-- ---------------------------------------- ------------ °ry) Y' Y ----- ---------------------- ------------------------ (bawL) --_____.__----_---------- X ATTBt?: V .__________---------- r„ _______ ---------------------------- w 1 / ercl•rY (Corpo+.te seen tvOi iQ Nears-ewwoa.New.-`•""-�t_��! oeo a a, . No:aq' Publle or Ise hYuoiy.ae ante aronwe, .arm James E. Johnson, Jr. _____-____ __________---_______. ,n•,• (J � _______--. _"________.__________ tremor, <� Prnonaur .Ppe•rea before me ml• say aaa aaaawlydrea the exe>;tletoh of we mnrolaE Imtrum.xt, alms.. m> fG `..•v::.- .. ;•' n bend sad orrmla damp or —L tar.D.l�___ ear of _E( 4-4/�1___ �--_____-t. .. -•....••••••••..' � MY eommi.alon <xvtre :/ �.I_`./._____.._________ �f ' � • (✓�F _ a�i��-.__-f"�(`f� ___NonfY Pvbllc aRAL•STAMP NORTH CAROLINA_-------------------------------___Coup{y. L a Nonry Public of the Couaty ane State afore••Id, cr"y that _______ ---------------------- _________ petaonall) come before as. thl• day sae .canowledred that -.-- Or N... ----------- ------------ Aeenrary of Y• Noem Carolina e.11..1l�)Im — by authotltr dol) __ ___________________________________________________---- B rasa and .. tn..et rt m• rorponu.a, u. mreroana Iaanmeal wa• .tines m Iv ee by R.--------------- P __---_-_____p en.mrnr, ..•lea alto He eorpome .<a ane .norm by --------- .. la _____________ _____---seen .... Mira— my head and official •tamp or sea, tee ----- Sar of --------------- ------- ---0i-___. nto My '...i• explr..__ -------------- _------------- ._-------------- .-------------- _�--- N—ly Public _ _ - _. Y_--____________ ________ _ __ ______ _ __ ___----------- ----------------------------------- __`_� _______ Il.///./r-• eertleea to be correct. Tnb 11-beoent and tht. —n—t• are anal -Mersa .1 tn. sate •ad um. •.a he me Bona •ad Page .sows ov 0. s. r ae+•ar. COUNTY Y��yC,��--�3-J�---_Deputy /Anlann4Re914ter. of Daed.. N.C. Bar A.wc n, 1911 mrutl by Al—I ebb Ins N [t&r Auwi.uw _ 1991 Poole Printing Co. lam. PO. So, 5abp], Rebtlph, N.C. 27M 1 265 Page 932