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HomeMy WebLinkAbout19940577 Ver 1_COMPLETE FILE_19940624State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. James Orr ERM - Southeast, Inc. 215 Centerview Drive Suite 110 Brentwood, TN 37027 Dear Mr. Orr: 1:3 F== F1 July 5, 1994 Davidson County DEM Project # 94577 FILILC0%rnr You have our approval to place fill material in 0.72 acres of wetlands or waters for the purpose of mercury removal from contaminated sediment in Leonards Creek north of the Duracell facility, as you described in your application dated 24 June, 1994. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, reston owar , Jr. P.E. rector Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional Office Mr. John Dorney Central Files 94577.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 501k recycled/ 10% post-consumer paper June 24, 1994 Mr. John Dorney Water Quality Planning Division of Environmental Management North Carolina Department of Environmental Health and Natural Resources P.O. Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: zsji @`r ?_. JUL - 1994 e W' TU, We recently wrote you on behalf of our client, Duracell USA, requesting Section 401 certification in connection with the excavation of sediments containing residual mercury concentrations from two small tributaries of Leonard's Creek in Davidson County, North Carolina. We had originally contacted the Corps of Engineers to proceed with the work pursuant to Nationwide Permit #38. However, we have calculated that we will be affecting less than one-half an acre and the waters of the United States are above the headwaters, without pre-notification to the Corps and to avoid the 30-day waiting period. Therefore we find it will be more efficient to proceed under Nationwide Permit' #26. Therefore, we have withdrawn our notification to utilize Nationwide Permit #38 and have advised the Corps that we plan to proceed under Nationwide Permit #26 authorization once we receive the North Carolina Section 401 certification. We would like to begin this work as soon as possible and would appreciate your expeditious review of the certification request. Please do not hesitate to contact me or Mr. John Hines of ERM- Southeast, Inc. at (615)373-3350, if you need additional information. Regards, James R. Orr Senior Biologist JRO/gsq ERM-Southeast, Inc. 215 Centerview Drive Suite 110 Brentwood, TN 37027 (615) 373-3350 (615) 373-2392 (Fax) 0 ERM Offices of ERM-Southeast Inc. in: Brentwood, TN (Nashville) Kennesaw, GA (Atlanta) Charlotte, NC Mobile, AL Memphis, TN A member of the Environmental Resources Management Group 34 F R I 16 : 20 P.02 ERM-Southeast, Inc. 215 Centerview Drive Suite 110 Brentwood, TN 37027 June 24, 1994 (615) 373-3350 (6I5)373-2392(Fax) Mr. John Dorney Water Quality Planning Division of Environmental Management North Carolina Department of Environmental Health and Natural Resources P.O. Box 29535 Raleigh, NC 27626-0535 ERM Dear Mr. Dorney: We recently wrote you on behalf of our client, Duracell USA, requesting Section 401 certification in connection with the excavation of sediments containing residual mercury concentrations from two small tributaries of Leonard's Creek in Davidson County, North Carolina. We had originally contacted the Corps of Engineers to proceed with the work pursuant to Nationwide Perinit #38. However, we have calculated that we will be affecting less than one-half an acre and the waters of the United States are above the headwaters, without pre-notification to the Corps and to avoid the 30-day waiting period. Therefore we find it will be more efficient to proceed under Nationwide Permit #26. Therefore, we have withdrawn our notification to utilize Nationwide Permit #38 and have advised the Corps that we plan to proceed under Nationwide Permit #26 authorization once we receive the North Carolina Section 401 certification. We would like to begin this work as soon as possible and would appreciate your expeditious review of the certification request. Please do not hesitate to contact me or Mr. John Hines of ERIM- Southeast, Inc. at (615)373-3350, if you need additional information. Regards, James R. Orr Senior Biologist JRO/gsq Offices of ERM-Southeast Inc, in. Brentwood, TN (Nasliville) Kennesaw, CA (.Atlanta) Charlotte, NC Mobile, AL Memphis, TN A member of the Environmental ro5ources Management Group If IN-04-94 FR I 16: 19 Facsimile To Company Fax Number From Job Number Date P. 01 ERM-Southeast, Inc. Cover Page 215 Centerview Drive Suite 110 Brentwood, TN 37027 (615) 373-3350 (615) 373-2392 (Fax) Number of Pages L? L L 7 ERM including this cover page Zk-'-e- PRNILE,GE AND CONMEN!'IALITY NOTICE This message is intended only for the use of the individual(s) to whom it is addressed and may contain information that is privileged and/or confidential. If the reader of this message is not the intended recipient or the employers or agent rebpoasible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this offices of communication is strictly prohibited. If you have received this couununication in error, pleases ERM-Southeast Inc. in. notify us immediately at (615)373-3350 and return the original message to us at the address above via the U.S. Postal Service. Thank you. Brentwood, TN (Nashville) Kennesaw, GA (Atlanta) Charlotte, NC If you have difficulty with this transmission, please call (615) 373-3350. Mobile, AL Memphis, TN e:lfaxcover A member of the Environmental Resources Management Group ???9? ?? ? S s.?,v?4,t- ?? ?? ?? ? w z(?. ??> Gy a 51 ERM-Southeast, Inc. 215 Centerview Drive JUN 2 3 1994 Suite 110 June 13, 1994 La Brentwood, TN 37027 j; (615) 373-3350 WETLANDS GROUP (615) 373-2392 (Fax) WATER QUALITY SE00N Mr. M. Dorney Water Quality Planning 401 ISSUED Division of Environmental Management North Carolina Dept. of Env. Health and Natural Resources ®'3f ??! PO Box 29535 Raleigh, NC 27626-0535 Attention: John Dorney ERM Dear Mr. Dorney: Please find attached the Joint Form for Nationwide permit notification and application for Section 401 certification. This notification is a request to utilize the Nationwide Permit #38 for removal of sediments containing residual mercury concentrations from two small tributaries of Leonards Creek in Davidson County, North Carolina. The removal action is a voluntary effort by Duracell USA as part of a comprehensive remedial action program resulting from invesigative activities performed in conjunction with the North Carolina Dept. of Environmental Health and Natural Resources. The sediment will be properly disposed of at an approved landfill. The sediment will be excavated from deposition areas in the tributaries by a small suction dredge for small areas or backhoe for larger areas. Due to the small size of these streams very little impact to the overall ecology of the area is expected. In addition, as long reaches of the streams will not be disturbed, flora and fauna of the stream is expected to recover rapidly from native species which drift downstream from undisturbed source areas. The majority of the substrate in the tributaries is rock which will not be disturbed. A wetlands delineation (attached) was performed June 2, 1994 by an experienced biologist with over 12 years wetlands experience. The total area of waters of the United States (wetlands and perennial creek channel) was calculated at 0.724 acre in both tributaries. All of this area will not be excavated, therefore, the total area affected should be less than 1/2 acre. We trust the information in the attached Joint Form and delineation report are complete and sufficient for your review of this project. Please do not hesitate to contact me or Mr. John Hines of ERM-Southeast, Inc. (615) 373-3350 if you need additional information. Please notify me as soon as possible with Offices of ERM-Southeast Inc. in: Brentwood, TN (Nashville) Kennesaw, GA (Atlanta) Charlotte, NC Mobile, AL Memphis, TN A member of the Environmental Resources Management Group your approval of this project, in order for ERM-Southeast, Inc. and Enviroclean, Inc. to proceed with the planned remediation. Your assistance in this matter is greatly appreciated. Regards, James .Orr Senior Biologist Enclosure JRO/gsq ERM DEM ID: q y S ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): Nationwide Permit #38 JOINT FORM FOR 401 1Sb0LI? Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL NC DEPARTMENT OF ENVIRONA AND NATURAL RESOURCES P.O. Bor, 29535 Raleigh, NC 27626-0535 ATTN: MR. ;OHN DORNEY Telephone (919) 733-5083 MEN ,L 2 31 se Y L ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: Easement on Bessie S. Swing property by Duracell USA Inc. 2. Owners Address: 305 E. U.S. Highway 64, Lexington, N.C. 27292 3. Owners Phone Number (Home): Not Applicable (Work)704-249-9101 4. If Applicable: Agent's name or responsible corporate official, address, phone number. Rafa*-ancP attarhPd Pasement and release aizreement 5. Location of work (MUST ATTACH MAP). County: Davidson Nearest Town or City: Lexington Specific Location (Include road numbers, landmarks, etc.): North of the Duracell facility 6. Name of Closest Stream/River: Leonards Creek 7. River Basin: Yadkin/High Rock Lake 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO W 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [A If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0.724 acre 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 0 ed: 0 Flooded: 0 Excavated: Maximum of 0.724 -7 9 4 Total Impacted: Maximum n f () ROUTINE ON-SITE WETLANDS DELINEATION Duracell U.S.A., Inc. Lexington, North Carolina June 1994 ERM-Southeast, Inc. 215 Centerview Drive Suite 110 Brentwood, Tennessee 37027 1.0 BACKGROUND A wetlands delineation was performed on a private tract of property located to the north of the Duracell U.S.A. facility in Lexington, North Carolina. The specific areas investigated include portions of two unnamed tributaries and Fritz Branch where mercury contaminated sediment exists, as well as a soils removal area which lies adjacent to the northern boundary of the Duracell property on uplands. Contaminated soils and sediment will be evacuated and disposed of at an approved landfill facility. The Laidlaw facility in Pinewood, South Carolina may be utilized as appropriate. All work will be conducted with a State approved erosion control plan. The location of the property is depicted in Figure 1 on the Lexington East 7.5 minute series quadrangle map while the specific study areas are depicted in Figure 2. The drainage of the property flows north and east to Leonards Creeks which flows southeast to Abbotts Creek. The two unnamed tributaries and Fritz Branch depicted in Figure 2 (west and east tributaries) were surveyed for wetland characteristics and flow which might classify the tributaries and adjacent property as waters of the United States under the jurisdiction of the Corps of Engineers and State of North Carolina. The west tributary was the larger of the two and was walked from its origin to Leonards Creek. The east tributary is shorter and was only walked for the upper 500 to 600 feet in the area where selective sediment removal might occur. Review of U.S.G.S. topographic maps and previous site visits indicated the potential for perrenial water flow in the two tributaries and Fritz Branch. 2.0 SITE INVESTIGATION The preliminary data indicated the potential for wetlands to exist in the two unnamed tributaries, therefore, a routine on-site determination was conducted on June 2 in accordance with the Corps of Engineers Manual for the Delineation of Wetlands, 1987. The west tributary originates near the northern boundary of the Duracell property fence line and makes confluence with Fritz Branch approximately 500 feet north of the fence line. Within the 500 foot area, a culverted logging road was constructed. This road bed has captured sediment over the years and remains semi-saturated. Wetlands vegetation and hydric soils conditions were observed in this area. Table 1 summarizes the soils and vegetation of this area as well as other areas analyzed as depicted in Figure 2. The hydric conditions were observed for a distance of 270 feet upstream of the perrenial stream. At the point of the confluence, perrenial stream conditions were verified by the presence of aquatic life, e.g., tricoptera and diptera larvae. The stream length of perennial flow to Leonards Creek was measured to be approximately 3,050 feet. The width of the stream channel, including jurisdictional wetlands areas, was measured for its entire ERM-SOUTHEAST, INC. 1 w:\durce11\4330\wet1ands.rpt J Jr- .: 1 ^\`' a ?\ OQ _. .'. .. ``• ? •..? J ??,{j,?i • .. • ?. ? ' . ?,?? - • ? ` '?i -._.? '"' ` gyp', i I ? M a -LA 71; 29 0 ?R Z Y) C `_ STUDY `? l o / ' rra ! .T?` j AREA ; ?by Imo- :`??d` • ?`'-J •?.? :?-- `"'- ?? ? tit 7. 'c • ??? r -?\ f h DURACELLL FACIUTY .• .:. •• ,? `?U??'• • ??o ?' __ 'act ,? (,•-=? (?„_-J-?; o- ?...?1 :i O fin., G' ? \; ?•:.... / •a ». _ 1 !f J' (: •. \U ? .._. •• •L:'7 = ?? . ! 5 r•.? ?.- .`? :. p i. Mt TRbO •^ ? • ? 0/ . zi '?'^, \\ _o-.• rt?\.f150 \ S' off'' ^p =T r'. r „' r?• yp M'-..` I src ! +? r ?- _ so 6s0 I is C.'::' 1 jV' ELM SCALE 1:24000 1/2 0 , ma 1000 0 1000 2000 3000 1000 5000 ww 7000 FEET ------------ ERM-SOUTHEAST. INC. DURACELL U.S.A. FIGURE 1 BRENTWOOD, TENNESSEE LEXINGTON. NORTH CAROLINA SITE LOCATION MAP DWG _ O: 9529 DATE :3/23/93 T>< E R M 2 TABLE 1 DURACELL USA OFF-SITE WETLANDS CHARACTERIZATION June 1994 Boring Soil Description Plant Species Wetland Number Status B-1 0-18" 5YR5/6 - Redish Flowering Dogwood - Cornus florida FACU Coarse Sand/Clay Red Maple - Acer rubrum FAC American Elm - Ulmus americana FACW Yellow Poplar - Liriodendron tulinifera FAC Red Oak - uercus rubra FACU Coral Berry - Symphoricarpus orbiculatus FAC- Japanese Honeysuckle - Lonicera iaJ ponica FAC- Poison Ivy - Toxicodendrun radicans FAC B-2 0-10" 5YR5/6 - Coarse Redtop Panicum - Panicum rigidulum FACW Sandy Clay Fox Sedge - Carex volpinoidea OBL 10"-18" 5YR3/2 - Silty Green Bulrush - Scirpus atrovirens OBL soil with Gleziation, iron Virginia Creeper - Parthenocissus guinguefolia FAC concretions B-3 0-3" 5YR5/6 - Coarse No vegetation - Rocky stream bed material 3" 7.5YR6/0 B-3 0-18" 7.5YR5/6 American Holly - Ilex opaca FAC- (banks) Japanese Honeysuckle - Lonicera 'a? ponica FAC- Flowering Dogwood - Cornus florida FACU Yellow Poplar - Liriodendron tulinifera FAC Sweetgum - Liouidambar stvracoflua FAC+ Bagleaf Magnolia - Magnolia macronhylla FAC+ Within the banks of the channel in the lower 1500 FACU feet of this tributary: NI FAC Smooth Blackhaw - Viburuum rufidulum FAC Albizzia - Albizzia iulibrissin FACU Yellow Poplar - Liriodendron tulinifera FACW Ironwood - CUpinus caroliniana OBL White Oak - uerus alba FACW Jewelweed - Impatiens canensis FACU Black Willow - Silax nigra FACW- Red top Panicum - Panicum-rigidulum FACW- Black Birch - Betula lenta FACW Common Elderberry - Sambucus canadensis FACU European black Alder - Alnus glutinosa FACU Slippery Dogwood - Cornus stolonifera Sassafras - Sassafras albidum Paulownia - Paulownia tomentosa ERM-SOUTHEAST, INC. 4 wAdurce11\4330\wedands.rpt TABLE 1 (Cont'd.) DURACELL USA OFF-SITE WETLANDS CHARACTERIZATION June 1994 Boring Number Soil Description Plant Species Wetland Status B-4 0-18" 7.5YR4/6 Red Maple - Acer rubrum FAC Flowering Dogwood - Cornus florida FACU Green Briar - Smilax s2 FAC Sweetgum - Liouidambar stvraciflua FAC+ Black Walnut - Jualans bra FACU Black Cherry - Prunus serotina FACU Common Privet - Li sug toum vulgare FACU Loblolly Pine - Pinus taeda FAC B-5 0-6" 5YR5/6 Blackberry - Rubus allegheniensis FAC 6"-down 5YR2.5/1 Red top Panicum - Panicum riidulum FACW (anaerobic condition) Bristle bract Sedge - Carex tribuloides FACW+ Fox Sedge - Carex vulninoidea OBL, OBL - Obligate FAC - Facultative W - Towards wetland U - Towards upland NI - No indicator status - typically upland ERM-SOUTHEAST, INC. 5 wAdurce11\4330\wet1ands.rpt S 9 ?- z ?a N \ (A m S 1'!1 i o o z m/ ° m -N O g -o A u K / "C$ VTA (O/1 (A z aZ obi 0 ? -o - w m r \ m r D OZL t=c' ?m? R1 0 ° o \\\\ ?y P? \ O 0C ti ?F ?? ooo, \ \ gY?os 4'4? 049 099 duo \ 099 "n M co c -0 w 0 F4 C) F ->0 A C: FJ o N ;u m Do z rA * ° °z m O v D D D 0 ° y WETLAND DELINEATION FlGURE ERM-Southeast, Inc. Brentwood, Tennessee DURACELL U.S.A. 2 ERM LEXINGTON, NORTH CAROLINA length in order to determine the total area of waters of the U.S. in this tributary at 200 to 300 foot intervals. The total area measured was approximately 29,200 sq feet or 0.675 acre. In addition, a small area of wetland was detected in the head of the east tributary, as well as downstream of the point of perennial flow (see Figure 2). Perrenial flow was verified in this tributary by the presence of aquatic life - megaloptera larvae and crayfish. Wetland characteristics were also observed in the east tributary upstream of a two foot culvert for an area of approximately 2,100 sq ft or 0.049 acre. Between the road culvert and the emergence of perrennial flow the soils were not saturated and hydric conditions were not detected to a depth of 18 inches. Vegetation (trees and shrubs) was primarily facultative but upland species were also present, confirming that this area is not jurisdictional wetland. The soils removal area immediately north of the Duracell property and outside of the tributary areas was clearly identified as upland environment due to upland soils vegetation and the lack of wetland hydrology. In addition to the wetland delineation, the study area was inspected for historical site and endangered species. No structures greater than 50 years old were observed in this area. In addition, the threatened and endangered species for Davidson County were reviewed from lists provided by the U.S. Fish and Wildlife Services. A single endangered species was noted by both agencies; Schweinitz's sunflower (Helianthus schweinitzii). This species was not observed during the site investigation and is not expected to be impacted by site remediation activities. ERM-SOUTHEAST, INC. 6 w:\durce11\4330\wet1ands.rpt ,EASEMENT AND RELEASE.AGREEMENT THIS.,AGREEMENT, made anal.entered into this that 9t.h day of aalluaint __ , 1984 key, and between HESSIE :5. -SVING (here na terse erred to as "Grantor") and DU'RACELL INC., a Delaware corporation (hereinafter referred to a,?, "(12'rantee") . W I T N E S S E T H! WHEREAS, Grantee owns certain property in Dav:,i.dson:County, North.Carolina? more parti.c.ularly: described on ExhJ.bit A attached hereto and made a part hereof (hereinafter referre?;i to as "GA. .tee's Property") and WHEREAS, Grantor ownts?certain property adjoining the nortrh- easterly, easterly, and southeasterly boundaries o;E Grantee's • property bounded on the. northerly bol;ndaxy by In.t.e°rstate Hi;hway 85, on- its southerly boundary by a Southern Railroad right-or-way and-more particularly.: de Bribed on-Exhibit. A, _ stt~a .hed hereto and :.:.made a part hereof (hereinafter referred tc as -"Grantor's Proper- ty"); and WHEREAS, Grantee operates a facility on Grant,;:e's Property which uses mercury in the-manufacture of batteries;,, and WHEREAS, Grantee is operating the facility on Grantee 's Property in compliance with all federal, state and local laws as)d requirements relating to the enission of mercury f7.-01TI its facil - ty into the environment, and is exerpising a high degrea of carp and control to limit the emissions of mercurv frog.it:sa facility to levels 4hich are at *oL below the permissible 3.e?rel.s established by applicable laws;, and . WHEREAS, mercury emitted from Grantee's facility may halre .entered etormwaiter.runoff which flows from Grantee's Property to a ditch. passing through Grantor's Property to L+e:oriards Creek and Abbott:e Zraek; and WHEREAS, Grantee believes that, on or about 1`60, Grantee e obtained from Grantor an easement for stormwater to flow from. -Gran'tee' s Property onto, over and across. Grantor's Property in- cluding, but not limited to the right to place a stor*nwater run- off:pipe in the ditch on Grantor's Property; and WHEREAS, the parties desire to set forth then agree^!ent c,i%- ing Grantee certain rights in Grantor's Pronexty, and confirnin(, certain-other rights which Grantee contends were c:,rantej. previn?1s- 1y; NO% THEREFORE, in consideration of the premises and in c on*- sideration of the payment, in hand of Five Hundred Dollars by Grantee tc Gzantcr, the receipt and sufficiency of which is hereby acknowledged, Grantor has granted, bargained, sold and conveyed to Grantee, its successors and assigns, the right, title and privilege of as ease- ment in, on, over# across and through Grantor's Property for the purposes hereinafter set forth, but-subject to the right of revo- cation specified in paragraph 4 hereof, and the pax'ties do further agree as follows: 1. The above-described ditch and flood plain of Leonard$ Creep and Abbotts Creek located on Grantor's Property and any other affected areas of Grantor's Property may rem?,hin in their present condition with such amount of mercury as May be present in the water and earth on such property, but the pipe referred to hereinbefore shall be blocked to the end that storniwater will no longer be channeled into the said ditch through thy: pipe; provided, however, that even if this easement is terminated as provided in paragraph 4, Grantor acknowledges and agrees.that stormwater which falls on Grantee's Property may flow over Grantor ':s Property in those areas wherb the elevation of Grantee's Property is higher than Grantor's Property. 2. Grantee may enter Grantor's Property for the purpose of inspecting, testing, clearing, and/or removing any mercury present, but shall have no obligation to do so; provided, hcN,werver, Grantee shall be liable to Grantor for any damages caused to growing timber or to Grantee's land in the process of clearing or retmoving any mercury. 3. Grantee has conducted an appraisal and hasi concluded that Grantor's Property has not been diminished in value a?s a result of any result of any mercury present on said Property. Grantor ac- knowledges and agrees that the consideration paid to it hereunder fully and adequately compensates Grantor for any alleged diminished value of or alleged damage to Grantor's Property r(„sulting from the presence of any mercury in and on Grantor's Pre*e rty. 4. The rarties understand and agree that upon any sale or conveyance e .11 or any part of Grantor's Property within the life- time of Bessie S. Swing plus twenty (20) years from the,date hereof, the Grantor's successor in title may terminate the, easement granted in this document as to the part of Grantor's Property which is sold or conveyed upon sixty (60) days prior written notice: to Grantee. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be duly executed on the day and year first: above written. "GRANTOR" [SEAL) -2- STATE OF NORTH CAROLINA COUNTY OF This day of , 1983, personally came before me , who, being by me duly sworn, says he s the of Duracell. Inc. and that the seal affixed to the foregoing instrument and writing is the corporate seal of Duracell Inc. and that saaid writing was signed and sealed by him, on behalf of Duracell Inc. by its authority duly given. And the said .. acknowledged the said writing to be the act and d'::ed of Duracell Inc. WITNESS my hand and notarial seal. My commission expires: STATE OF NORTH'CAROLINA COUNTY OF came duly Notary Public. This day of , 198A, pre sonally before ma , who, being by me sworn, says thatShe execute he foregoing ??rcilting as own free act and deed...,,,.. y r WITNESS my hand and notarial seal'?'?,'. 11'Y A;? e . ?•IY ":+. '.. 1?.'?:ii/SIC "till ~ . y??/?L Notary Public My commission IxA'A -I 1CCv U - ?li %ML . +. 4 l_ - &11\)(0 P/wz? f .? ,: r:ti-14 .fl Y r