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HomeMy WebLinkAboutWQ0028666_Final Permit_20190812ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality August 12, 2019 AMANDA BERGER — ENVIRONMENTAL COMPLIANCE MANAGER AQUA NORTH CAROLINA, INC. 202 MACKENAN COURT CARY, NORTH CAROLINA 27511-6447 Subject: Permit No. WQ0028666 Cannonsgate at Bogue Sound WWTP High -Rate Infiltration System Carteret County Dear Ms. Berger: In accordance with your permit renewal request received November 16, 2018, and subsequent additional information received February 18, 2019 and May 30, 2019, we are forwarding herewith Permit No. WQ0028666 dated August 12, 2019, to Aqua North Carolina, Inc. for the continued operation of the subject wastewater treatment and high -rate infiltration facilities. This permit shall be effective from the date of issuance through August 31, 2024, shall void Permit No. WQ0028666 issued July 16, 2014, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than March 4, 2024. Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit conditions since the last permit issuance dated July 16, 2014: ➢ Old Condition I.1. — This schedule has been met. ➢ Old Condition I.2. — This schedule has been met. ➢ Old Condition I.3. — This schedule has been met. ➢ Old Condition I.4. — This schedule has been met. ➢ Old Condition I.6. — This condition has been removed. ➢ Old Condition II.6. — The green area is no longer required. ➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable. ➢ Old Condition VI.10. —This condition has been replaced. Q North Carolina Department of Environmental Quality I Division of Water Resources '�'Jllj 512 North Salisbury Street ( 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Noarh c, " r �.. !� w or 919.707.9000 Ms. Amanda Berger August 12, 2019 Page 2 of 2 The following permit conditions are new since the last permit issuance dated July 16, 2014: ➢ Condition II1.4. — Infiltration equipment shall be tested and calibrated once per permit cycle. ➢ Condition 111.13. — Metering equipment shall be tested and calibrated annually. ➢ Condition IV.9.c. — Date of turbidimeter calibration. ➢ Old Condition IV.9.d. — Date and results of power interruption testing on alternate power supply. ➢ Condition VI.10. — This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. ➢ Attachment A — The PPI's and effluent sampling parameters have changed. Total Phosphorus, " Total Nitrogen, and TKN have been added. Customized reporting forms can be provided upon request. ➢ Attachment C — Phosphate has been added to the parameters. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. If you need additional information concerning this permit, please contact Tessa Monday at (919) 707-3660 or tessa.mondAy ncdenr.gov. Sincerely, *-coda Culpepper, Director lJ Division of Water Resources cc: Carteret County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH HIGH -RATE INFILTRATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Aqua North Carolina, Inc. Carteret County FOR THE operation of a 200,000 gallon per day (GPD) wastewater treatment and high -rate infiltration facility consisting of the: continued operation of: approximately 412 linear feet (LF) of 4-inch force main from the property line where the force main connects to the conveyance line (Permit No. WQ0037078) from the Bogue Watch WWTP to the Cannonsgate at Bogue Sound WWTP flow equalization basin; and all associated piping, valves, controls, and appurtenances; the continued operation of. two 13 8 gallon per minute (GPM) pumps in the effluent pump station to convey treated effluent from the Cannonsgate at Bogue Sound WWTP to the Bogue Sound WWTP (Permit No. WQ0029821); approximately 173 LF of 4-inch force main from the effluent pump station to the property line where the force main connects to the conveyance line permitted herein from the Cannonsgate at Bogue Sound WWTP to the Bogue Watch WWTP; and all associated piping, valves, controls, and appurtenances; the continued operation of. approximately 4,839 LF of 4-inch ductile iron pipe (DIP) from the Cannonsgate at Bogue Sound WWTP property line to the Bogue Watch WWTP property line; and all associated piping, valves, controls, and appurtenances; the continued operation of. a mechanically cleaned fine screen; 73,580 gallon flow equalization basin with three 140 GPM variable frequency drive pumps; two 300 cubic feet per minute (CFM) 7.5 horsepower (hp) blowers; a 3 hp submersible mixer; coarse bubble diffuser system; a flow splitter box; two 2 millimeter (mm) drum screens; two 44,000 gallon Membrane Bio-Reactor (MBR) basins each consisting of: a 13,000 gallon anoxic basin with a 174 GPM anoxic recirculation pump and flow meter; a 27,000 gallon fine bubble aeration basin; a 4,000 gallon membrane with 140 GPM membrane feed pump; a 100 GPM wasting pump and flow meter; and two racks of 36 microfiltration modules each at a loading rate of 15 gallons per day per square foot (GPD/ft2); three 313 CFM 9.5 hp blowers serving both trains of aeration and membrane tanks; two 69,000 gallon aerobic sludge digesters with two 430 GPM sludge pumps; two submersible 4 hp mixers; three 300 CFM 20 hp blowers; and coarse bubble diffuser system; dual ultraviolet (LTV) disinfection chambers in parallel; a permanent standby generator; an odor control facility; a turbidimeter; an upset flow meter; a reclaimed water flow meter; a 4,450 gallon pump station with two 200 GPM pumps and audible/visual high water alarms; a 1,000,000 gallon synthetically lined five day upset pond; and all associated piping, valves, controls, and appurtenances; the WQ0028666 Version 3.0 Shell Version 180901 Page 1 of 9 continued operation of. a 1,700,000 gallon high -rate infiltration basin (#1) with a 72,309 square foot (ft2) footprint and a 1.145 GPD/ft2 loading rate; a 760,000 gallon high -rate infiltration basin (#2) with a 29,185 ft2 and a 1.145 GPD/ft2 loading rate; a 1,385,000 gallon high -rate infiltration basin (#3) with a 57,500 ft2 and a 1.145 GPD/ft2 loading rate; a 5,700,000 gallon high -rate infiltration basin (#4) with a 15,682 ft2 and a 1.145 GPD/ft2 loading rate; a groundwater control pump station with two 350 GPM pumps, audible/visual alarms, and a flow meter; a spray irrigation system to dispose of the groundwater lowering discharge effluent; and all associated piping, valves, controls, and appurtenances; and the acceptance of up to 80,000 GPD from the Bogue Watch WWTP (Permit No. WQ0029821); to serve the Cannonsgate at Bogue Sound WWTP, with no discharge of wastes to surface waters, pursuant to the application received November 16, 2018, subsequent additional information received February 18, 2019 and May 30, 2019, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through August 31, 2024, shall void Permit No. WQ0028666 issued July 16, 2014, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. The Permittee shall request renewal of this permit on Division -approved forms no later than March 4, 2024. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the infiltration areas to assimilate the effluent, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)(A)] 5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0108(b)(1)(A)] 6. The high -rate infiltration sites were originally permitted as reclaimed water prior to September 1, 2006; therefore, these sites have compliance and review boundaries established at the property boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02H .0219(k)(1)(C)(i)(III), G.S. 143-215.1(i), G.S. 143-215.1(k)] WQ0028666 Version 3.0 Shell Version 180901 Page 2 of 9 7. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(c)] 8. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [ 15A NCAC 02L .0107] 9. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Carteret County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [ 15A NCAC 02L .0107(f)] 10. The facilities herein were permitted per the following setbacks: a. The infiltration sites were originally permitted as reclaimed water sites on June 8, 2005. The setbacks for infiltration sites originally permitted or modified as reclaimed water sites from February 1, 1993 to August 31, 2006 are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters not classified SA: 25 iii. Each water supply well: 100 iv. Each non -potable well: 10 v. Each swimming pool: 25 [15A NCAC 02H .0219(k)(1)(C)(i)] b. The storage and treatment units were originally permitted June 8, 2005. The setbacks for storage and treatment units originally permitted or modified from June 1, 1996 to August 31, 2006 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each on -property residential unit if the unit is to be sold: 101 iii. Each private or public water supply source: 100 iv. Surface waters: 50 v. Each well with exception of monitoring wells: 100 vi. Each property line: 50 2 vii. Nitrification field: 20 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02H .0404(g), 02H .02190)(5)] WQ0028666 Version 3.0 Shell Version 180901 Page 3 of 9 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [ 15A NCAC 02T .0700] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T .0707(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. Infiltration equipment shall be tested and calibrated once per permit cycle. [ 15A NCAC 02T .0707(d)] 5. Only treated effluent from the Cannonsgate at Bogue Sound WWTP and Bogue Watch WWTP (Permit No. WQ0029821) shall be infiltrated on the sites listed in Attachment B. [ 15A NCAC 02T .0701 ] 6. The Permittee shall not allow vehicles or heavy machinery on the infiltration area, except during equipment installation or maintenance activities. [15A NCAC 02T .0707(e)] 7. The Permittee shall prohibit public access to the wastewater treatment, storage, and infiltration facilities. [15A NCAC 02T .0705(p)] 8. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC 02T .0708, 02T .1100]. 9. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .0705(i)] 10. Freeboard in the four high -rate infiltration basins and the five day upset pond shall not be less than two feet at any time. [15A NCAC 02T .0705(c)] 11. Gauges to monitor waste levels in the four high -rate infiltration basins and the five day upset pond shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [ 15A NCAC 02T .0707(f)] 12. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0707(g)] 13. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0707(d)] 14. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. [15A NCAC 02T .0705(k)] WQ0028666 Version 3.0 Shell Version 180901 Page 4 of 9 15. All effluent shall be routed to the five day upset pond should the limit for fecal coliform (e.g., daily maximum concentration of 25 colonies per 100 mL) or turbidity (e.g., instantaneous maximum of 10 NTU) be exceeded, until the problems associated with the wastewater treatment plant have been corrected. The wastewater in the five day upset pond shall be pumped back to the treatment plant headworks for re -treatment or treated in the five day upset pond prior to infiltration. [15A NCAC 02T .0108(b)(1)(A)] 16. The infiltration areas shall be cleaned at least once per permit cycle to remove deposited materials that may impede the infiltration process. Cleaning records shall be maintained at the facility for five years, and shall be made available to the Division upon request. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified prior to each cleaning. [ 15A NCAC 02T .0707(h)] 17. Adequate measures shall be taken to divert stormwater from the infiltration sites listed in Attachment B. [ 15A NCAC 02T .0108(b)(1)(A)] 18. The groundwater lowering system effluent irrigation area shall have a suitable year round vegetative cover, which shall be maintained at all times such that crop health is optimized, allows for even distribution of groundwater effluent, allows inspection of the irrigation system, and minimizes sediment runoff. [15ANCACO2T.0108(b)(1)(A)] IV. MONITORING AND REPORTING REQUIREMENTS 1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain records tracking the amount of effluent infiltrated. These records shall include the following information for each infiltration site listed in Attachment B: a. Date of infiltration; b. Volume of effluent infiltrated; c. Site infiltrated; d. Length of time site is infiltrated; e. Loading rates to each infiltration site listed in Attachment B; and f. Weather conditions. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the four high -rate infiltration basins and the five day upset pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] Y WQ0028666 Version 3.0 Shell Version 180901 Page 5 of 9 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-2 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0708(b)] A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of infiltration equipment calibration; c. Date of turbidimeter calibration; d. Date and results of power interruption testing on alternate power supply; e. Visual observations of the plant and plant site; and f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0707(i)] 10. Monitoring wells MW-1, MW-2, MW-3, MW-4, MW-5, MW-6, MW-7, MW-8, and MW-9 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mgppin�well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] 11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [I5A NCAC 02T .0I05(m)] i WQ0028666 Version 3.0 Shell Version 180901 Page 6 of 9 12. Noncompliance Notification: The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Effluent breakout from the infiltration sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Wilmington Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [ 15A NCAC 02T .0108(b)(1)(A)] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and infiltration facilities. [15A NCAC 02T .07070)] 2. The Permittee shall inspect the wastewater treatment and infiltration facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [ 15A NCAC 02T .0707(i), 02T .07070)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and infiltration facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] WQ0028666 Version 3.0 Shell Version 180901 Page 7 of 9 VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [ 15A NCAC 02T .01050)] 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02T; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: i. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] WQ0028666 Version 3.0 Shell Version 180901 Page 8 of 9 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be prosecuted under G.S. 143-215.613, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [ 15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 12' day of August 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 7 �inda Culpepper, Director 0 Division of Water Resources By Authority of the Environmental Man t Commission Permit Number WQ0028666 WQ0028666 Version 3.0 Shell Version 180901 Page 9 of 9 THIS PAGE BLANK O M C7 ,o sue'. i Y N A z W = a a, o 0 0 '° o 0 0 0 � o 0 0 a a k o u o a a a a a o W n 0 0 ; 0 0 0 0 C7 0 0 0 rn o 0 0 0 0 0 0 0 0 0 9 U U U U U U U U U U a N GT N M N U N N N N k N M N U E •� .�. 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F 0 ti O T a O Cd ro =L =L O kl � to � O dd8811c cd O > wG,U U 0 A00 o o Q Q Q LL �w� c M�ao 3 y ° "183 end c°'i 0 0 O N 'O abi .`� 0 aki 0 y �ao00 o a s.� U "0 ��o C4 ^O 'O Y ° Q U O p D U •� W Y •� yarn W W � � QHH-o a� UOO ° W 4 w ,5., O o3n O r w 0 a U Cd O :s w !� L Al � 1 Y O r� STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH APPENDIX A DOCKET NO. W-218, SUB 240 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION AQUA NORTH CAROLINA. INC. is granted this CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY to provide sewer utility service CANNONSGATE AT BOGUE SOUND SUBDIVISION Carteret County, North Carolina subject to any orders, rules, regulations, and conditions now or hereafter lawfully made by the North Carolina Utilities Commission. ISSUED BY ORDER OF THE COMMISSION. This the 301" day of November, 2007. NORTH CAROLINA UTILITIES COMMISSION eAal, l.'fYloum* Gail L. Mount, Deputy Clerk NORTH CAROLINA, CARTERBT COUNTY IIIIIIIIIIII II�II�III��IIIIIIIIIIIIIIII�III� This Instrument and this certi0cate are duly filed at the date and time and In the Book and Page shown f 1lE 1�41419 on the first page h of. Je . Hard s R - B Aasl OapWfRegister of DasGs PREPARED BY AND MAIL TO: Agua North Carolina, Inc.. 202 MacKenan Court. Cary. NC 25711 STATE OF NORTH CAROLINA COUNTY OF CARTERET PIN: 6305.02 66.5839000 Excise Tax: Io • D d FOR REGISTRATION REGISI ER OF DEEDS Jerry T. Hardesty Carteret County, NC May 10, 2016 01:47:38 PM IWW ESMT 7 P FEE: $26.00 FILE # 1541478 DEED OF EASEMENT -14 THIS DEED of EASEMENT made and entered into this 1,0 day of 40 2016, by and between OCEAN AUTO MARINE, LLC, hereinafter referred to as "Grantor;" and AQUA NORTH CAROLINA, INC., a corporation with its principal office and place of business at 202 MacKenan Court, Cary, NC 27511, hereinafter referred to as "Grantee;" The designation of the Grantor and the Grantee as used herein shall include said parties, their successors and assigns, and shall include the singular and plural as required and the masculine, feminine and neuter gender as appropriate. W ITNES SETH: WHEREAS, it is the desire of Grantor and Grantee to convey to Grantee, its successors and assigns, by .this deed of easement, a perpetual easement for the installation, construction, interconnection, operation, maintenance, repair and replacement of a wastewater main and all appurtenant equipment. Wastewater Main Easement NO THEREFORE, Grantor, for valuable consideration in the amount of d. o p , the receipt and sufficiency of which are hereby acknowledged, has and by these resents does grant, bargain, sell and convey unto Grantee a (15) foot wide perpetual easement now and hereinafter for the installation, interconnection, construction, reconstruction, inspection, operation, maintenance, and repair of a wastewater main and all appurtenant equipment, upon, under and across the property of the Grantor, which easement is located on the property of Grantor, further described as 4027 NC Highway 24, Newport, NC 28570. The perpetual wastewater main easement granted to Grantee by Grantor is located off the public road known as North Carolina Highway 24 in Carteret County, North Carolina, shall be referred to as the "Easement Property", and is described as follows: P®®K 1� AGE y`- 1 Commencing at an existing magnetic nail in the asphalt centerline of Pringle Road and N.C. Highway 24 and having coordinates of North = 357,294.39 and East = 2,606,624.88 NAD83(2011), thence leaving said asphalt centerline South 61 degrees 20 minutes 20 seconds West 243.35 feet to an existing iron pipe in the southern right-of-way line of N.C. Highway 24 and being the northernmost common comer of Cannonsgate at Bogue Sound as recorded in Deed Book 1285, Page 345 and Tuttle as recorded in Deed Book 1370, Page 178 of the Carteret County Registry and being THE TRUE POINT OF BEGINNING: thence from the above described true point of beginning and leaving said common corner and along the southern right-of-way line of N.C. Highway 24 North 73 degrees 21 minutes 59 seconds East 272.00 feet to a nonmonumented point in said southern right-of-way line and being the northernmost common corner of Tuttle as recorded in Deed Book 1370, Page 178 and Kirk as recorded in 1156, Page 341, thence leaving said southern right-of-way line and along the common line of Tuttle and Kirk South 16 degrees 38 minutes 01 seconds East 15.00 feet to a nonmonumented point in said common line, thence leaving said common line and crossing the property of Tuttle South 73 degrees 21 minutes 59 seconds West 272.03 feet to a nonmonumented point in the common line of Tuttle and Cannonsgate at Bogue Sound, thence along said common line North 16 degrees 30 minutes 55 seconds West 15.00 feet to an existing iron pipe in the southern right-of-way line of N.C. Highway 24 and being the northernmost common comer of Cannonsgate at Bogue Sound and Tuttle and being the point and place of.beginning and being a 15' utility easement containing 4080 square feet as calculated by Charles Francis Riggs, P.L.S. L-2981 on July 23, 2015. The courses contained within are correct in angular relationship and are referenced to NAD83(2011). The easement is further described on that certain survey entitled "EASEMENT SURVEY FOR JAWS S. TUTTLE, JR. AND WIFE LOUISE TUTTLE" and further described as "15' UTILITY EASEMENT ALONG SOUTHERN R/W OF NC HIGHWAY 24, WHITE OAK TOWNSHIP, CARTERET COUNTY" dated July 24, 2015 and prepared by Charles Francis Riggs, P.L.S. L-2981 which survey is attached hereto as Exhibit A and incorporated herein by reference for a more particular description. The 15' Utility Easement is a portion of the GRANTOR'S property described in a deed recorded in Deed Book 1519, Page 273, the same property as identified in Deed Book 1370, Page, 178, Carteret County Registry (GRANTOR'S LAND"). Grantor also conveys to Grantee a Temporary Construction Easement across the property adjacent to the Easement Property ("Adjacent Property") for the initial installation and maintenance of the wastewater main and appurtenant equipment. The Temporary Construction Easement is further described as follows: N/A Said Temporary Construction Easement shall expire immediately upon completion of the property and restoration of the Adjacent Property to its previous physical condition. Said Wastewater Main Easement is subject to the following terms and conditions: 1) The Grantee, its successors and assigns, shall be entitled to the use of the Easement Property as necessary and appropriate for the wastewater main and appurtenant utility equipment, including B®®K 16q, PAGE Q98 maintain the wastewater main and appurtenances. The wastewater main shall be installed underground. 2) The Grantee shall be entitled to use the Easement Property for access to the wastewater main; provided nothing herein shall convey to Grantee any right of access over other property of the Grantor except that described and conveyed herein. 3) The Grantee is authorized to remove and keep removed from the Easement Property all trees, roots, limbs, shrubs, underbrush and parts thereof or other obstacles, including buildings, fences and structures as necessary to install, maintain, repair, improve, replace, operate, or protect the wastewater utilities located therein. ' 4) Following completion of any wastewater utility improvements within the Easement Property, any disturbed lands will be restored in accordance with generally accepted wastewater utility, engineering and landscaping practices. Grantee acknowledges that this shall include grading, seeding and using straw as groundcover. 5) Grantee acknowledges that Grantor may convert its lot to a commercial use and, in conjunction with that use, Grantor may pave the surface area within the Easement so it can be utilized as parking for the commercial use. In the event any paved area within the Easement is disturbed by Grantee while maintaining, repairing or replacing the sewer main Grantee will replace the disturbed pavement in a manner consistent with the original paving and grading. Grantor will provide 30 days' notice to Grantee prior to such paving so that Grantee can determine whether to make any improvements to its sewer main prior to such paving. 6) Grantee shall indemnify Grantor against any damages caused by Grantee in the exercise of its rights under this easement. 7) In the event that the wastewater main was laid prior to the granting of the Easement hereunder, Grantor acknowledges that payment for this Easement by Grantee shall extinguish claims as Grantor may have against Grantee for trespass or the disturbance of Grantor's property. In the event that Grantee, upon its own determination, no longer needs the Wastewater Main Easement, Grantee shall execute a Termination and Withdrawal of Easement and record such document in the Carteret County Registry. TO HAVE AND TO HOLD the aforesaid perpetual easements unto the Grantee, its successors and assigns, and all privileges and appurtenances, thereunto belonging to the Grantee. The Grantor hereby, for themselves, their heirs and assigns, hereby warrant and covenant that they are the owners of the aforesaid premises, that they have the right to grant such easements and that with the exception of all restrictions and easements already on record with the Carteret County Register of Deeds, the premises are free and clear of any material encumbrances and will warrant and defend title to the same against lawful claims of all persons whomsoever. BOOK 15,4i PAGEq IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed on the day and year first above written. DcEAw A a -a M Ac P w;�, -L-L. Qy-, Jame. �Tttj.,J�r—t.��A-lj a2 STATE OF NORTH CAROLINA COUNTY OF CARTERET I, the undersigned, a Notary Public of the County and State aforesaid, certify that James S. Tuttle, Jr. whose identity has been proven by satisfactory evidence, said evidence being: ❑ I have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a /lepL K A credible witness has sworn to the identity of the principal(s); personally came before me this day and acknowledged that he/she, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf of the corporation for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this b�t day of _ M&t 2016. Notary Public Signature Print Name: Dt VL";s xi . Pc el l es _ Jr. My Commission Expires: I" 14- 2-o19 [AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLEi O� �O7g9j, :p� LBLIG G'. 4 ' "'.cC)UNrl 6,�rrnnrrs�``� BOOK l A PAGE ql� IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed on the day and year first above written. dc,EA N A u 6 t.k Z O:E , L L L Lomse Z. Tuttle - 4N� Ems, STATE OF NORTH CAROLINA COUNTY OF CARTERET I, the undersigned, a Notary Public of the County and State aforesaid, certify that Louise Z. Tuttle, whose identity has been proven by satisfactory evidence, said evidence being: /- I have personal knowledge of the identity of the principal(s) I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a NCPL_ A credible witness has sworn to the identity of the principal(s); personally came before me this day and acknowledged that he/she, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf of the corporation for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this Ib'`'day of VIA,, 2016. Notary Public Signature Print Name: v� ,S A. A-_P e My Commission Expires: R "1 N -ay 19 [AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLET GG®K I�PAGE_ U� JAMES S. TUTTLE. Jr. 3: WIFE a LOUISE TUTTLE THE DRAFTING OF THIS SURVEY i:A MAP WAS COMPLETED PRIOR TO c NL v1P 63705 2.66.5839 111E SETTING OF IRONS AT THE N y� NON MONUMENTED POINTS z -kj REFERENCES 5 GJa0�� o D.B. 1370. PG. 178 VICINITY SKETCH NOT TO SCALE PROPOSED AQUA NORTH CAROLINA. INC. / /RI PERMANENT 15' UTILITY EASEMENT 4080 Sq.Ft. (0.09 ACRES) .01 / UNITED STATES OF AMERICA ��ft\ // D.B. 676, PG 74 \ P\ / / // m 4)) N73'21'59'E CA INTERSECTION OF 27 100"� / oe PRINGLE RD & NO HIGHWAY 24 \ / y P. NORTHING: 357294.39' MN //516'3801'E 'b G 'd FASTING: 2606624.88' 15.00' S61'20'20•W / O•$ 20 243.35'• �1'1�" B o /Phi o a ol G' a �• �G// // �n°erg' 4��� ' u > e°n 3 ,� � LEGEND CC CONTROL CORNER ECM = EXISTING CONCRETE MONUMENT (FOUND)(CONTROL CORNER) EIP = EXISTNG IRON PIPE (FOUND) EIR s EXISl1NG IRON ROD (FOUND) CANNONSGATE AT ROGUE SOUND EMN = EXISTING MAGNETIC NAIL (FOUND)(CONTROL CORNER) HOME OWNERS ASSOCIATION, INCEPK = EXISTING PARKER-KALON NAIL (FOUNO)(CONTROL CORNER) ERRS = EXISTING RAILROAD SPIKE (FOUND) D.B. 1285, PG. 345 MBL = MINIMUM BUILDING LINE NMP = NON MONUMENTED POINT R/W = RIGHT OF WAY SCM - SET CONCRETE MONUMENT (CONTROL CORNER) SIP SET IRON PIPE mom SIR = SET IRON ROD THIS SURVEY PREPARED WITHOUT SMN = SET MAGNETIC NAIL (CONTROL CORNER) BENEFIT OF TITLE COMMITMENT NC HIGHWAY 24 SPK - SET PARKER-KALON NAIL (CONTROL CORNER) = CENTERUNE rwo.ca xwan CHARLES PRANGS RIGGS ,PROFESSIONAL LAND 13-12-04 EASEMENT SURVEY FOR IRVEYED THE PROPERTY AS SHOWN HEREON N mo­JAMES S. TUTTLE, Jr. & WIFE )CORDANCE WIOS OF PRACTICE MAY 7, 2015 IR LAND SURN�RC'IW,N� OUNA. THAT LOUISE TUTTLE IE RATIO SSU�RF`W`YFR.EEEPP IONW� 7ED BY u�wxe e�m TTUDES` O� QA �TL s•oy y JUL 24, 2015 15' UTILITY EASEMENT ALONG „ Z: 9 •P auvx an a S .981 73G SOUTHERN R/W OF NC HIGHWAY 24 WHITE OAK TOWNSHIP, CARTERET COUNTY, NC ` R DBOIXPA� CHARLES F. RIGGS & ASSOCIATES, INC.(C-730) JJt;i % 5 825/22 502 NEWP.O. BOIX 1570 STREETDGE LAND1213 CULBRETH DRIVE L EXECUTIVE SUITE 217 300' G' JACKSONVILLE, NC 28540-1570 WILMINGTON, NC 28405 1" = 300' TELEPHONE: (910) 455-0877 TELEPHONE: (910) 681-744 E-MAIL: ri sIcnd@bizeC.' COm BOOK 15gI PAGE__41g CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Charles F. Riggs, P.L.S. L-2981 Corporate License (C•730) James A. Lewis, P.L.S. L-4562 502 New Bridge Street 502 New Bridge Street Landfall Executive Suite 217 Jacksonville, North Carolina 28540 P.O. Box 1570 1213 Culbreth Drive (910) 455-0877. Jacksonville, North Carolina28541 Wilmington, North Carolina 28405 charlesriggs@riggslandnc.com (910) 455-0877 (910) 691-7444 jamesiewis@riggslandne.com Tuttle 4080 Sq. Ft. Easement Deed Book 1370, Page 178 White Oak Township, Carteret County, North Carolina Commencing at an existing magnetic nail in the asphalt centerline of Pringle Road and N.C. Highway 24 and having coordinates of North = 357,294.39 and East = 2,606,624.88 NAD83(2011), thence leaving said asphalt centerline South 61 degrees 20 minutes 20 seconds West 243.35 feet to an existing iron pipe in the southern right-of-way line of N.C. Highway 24 and being the northernmost common corner of Cannonsgate at Bogue Sound as recorded in Deed Book 1285, Page 345 and Tuttle as recorded in Deed Book 1370, Page 178 of the Carteret County Registry and being THE TRUE POINT OF BEGINNING: thence from the above described true point of beginning and leaving said common comer and along the southern right-of-way line of N.C. Highway 24 North 73 degrees 21 minutes 59 seconds East 272.00 feet to a nonmonumented point in said southern right-of-way line and being the northernmost common corner of Tuttle as recorded in Deed Book 1370, Page 178 and Kirk as recorded in 1156, Page 341, thence Ieaving said southern right-of-way line and along the common line of Tuttle and Kirk South 16 degrees 38 minutes 01 seconds East 15.00 feet to a nonmonumented point in said common line, thence leaving said common line and crossing the property of Tuttle South 73 degrees 21 minutes 59 seconds West 272.03 feet to a nonmonumented point in the common line of Tuttle and Cannonsgate at Bogue Sound, thence along said common line North 16 degrees 30 minutes 55 seconds West 15.00 feet to an existing iron pipe in the southern right-of-way line of N.C. Highway 24 and being the northernmost common corner of Cannonsgate at Bogue Sound and Tuttle and being the point and place of beginning and being a 15' utility easement containing 4080 square feet as calculated by Charles Francis Riggs, P.L.S. L-2981 on July 23, 2015. The courses contained within are correct in angular relationship and are referenced to NAD83(2011). J Charles Franc /1S BOOK y4 PACE J NORTH CAROLINA, CARTERET COUNTY This Instrument and this ceNficate are duly filed at the date and time nd In the Book and Page shown on the first page a -t. TH g i psri peyyy.Rplater of DeaM FOR REGISTRATION REGISTER OF DEEDS Jerry T Hardesty Carteret County, Nc October 19, 2015 12:00:02 PM BWC DEED 6 P FEE: $26.00 NC REVENUE STAMP: $78.00 FILE # 1523076 PREPARED BY AND MAIL TO: Aqua North Carolina Inc. 202 MacKenan CourtCary. NC 25711 STATE OF NORTH CAROLINA COUNTY OF CARTERET DEED OF EASEMENT PIN: Part of 630504649370000 Excise Tax: $78.00 THIS DEED of EASEMENT made and entered into this I*V1 day of October, 2015, by and between the CANNONSGATE AT BOGUE SOUND HOMEOWNER'S ASSOCIATION, INC., hereinafter referred to as "Grantor;" and AQUA NORTH CAROLINA, INC., a corporation with its principal office and place of business at 202 MacKenan Court, Cary, NC 27511, hereinafter referred to as "Grantee;' The designation of the Grantor and the Grantee as used herein shall include said parties, their successors and assigns, and shall include the singular and plural as required and the masculine, feminine and neuter gender as appropriate. WITNESSETH: WHEREAS, it is the desire of Grantor and Grantee to convey to Grantee, its successors and assigns, by this deed of easement, a perpetual easement for the installation, construction, interconnection, operation, maintenance, repair and replacement of a wastewater main and all appurtenant equipment. BOOKS PAGE - 7 Wastewater Main Easement NOW THEREFORE, Grantor, for valuable consideration in the amount of Thirty -Nine Thousand and 00/100 Dollars ($39,000.00), the receipt and sufficiency of which are hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee a perpetual easement now and hereinafter for the installation, interconnection, construction, reconstruction, inspection, operation, maintenance, and repair of a wastewater main and all appurtenant equipment, upon, under and across the property of the Grantor, which easement is located on the property of Grantor, further known as the subdivision known as Cannonsgate at Bogue Watch Sound as described in Instrument Number 30832 and White Oak Map Book 30 Page 832 — 839 of the Official Records of Carteret County, North Carolina. The perpetual wastewater main easement granted to Grantee by Grantor is a 33,988 square foot easement located off the public road known as North Carolina Highway 24 in Carteret County, North Carolina, shall be referred to as the "Easement Property, and is further described as follows: Commencing at an existing magnetic nail in the asphalt centerline of Pringle Road and N.C. Highway 24 and having coordinates of North = 357,294.39 and East = 2,606,624.88 NAD83(2011), thence leaving said asphalt centerline South 61 degrees 20 minutes 20 seconds West 243.35 feet to an existing iron pipe in the southern right-of-way line of N.C. Highway 24 and being the northernmost common corner of Cannonsgate at Bogue Sound as recorded in Deed Book 1285, Page 345 and Tuttle as recorded in Deed Book 1370, Page 178 of the Carteret County Registry and being THE TRUE POINT OF BEGINNING: thence from the above described true point of beginning and leaving said southern right-of-way line and along the common line of Tuttle and Cannonsgate South 16 degrees 30 minutes 55 seconds East 15.00 feet to a nonmonumented point in said common line, thence leaving said common line and crossing Cannonsgate the following courses and distances: South 73 degrees 36 minutes 11 seconds West 653.44 feet, South 16 degrees 24 minutes 17 seconds East 12.00 feet, South 73 degrees 35 minutes 43 seconds West 340.09 feet, South 74 degrees 18 minutes 58 seconds West 199.60 feet, South 70 degrees 23 minutes 40 seconds West 471.53 feet, South 64 degrees 42 minutes 46 seconds West 535.65 feet, South 25 degrees 04 minutes 21 seconds East 34.79 feet, South 45 degrees 29 minutes 20 seconds West 15.91 feet and North 25 degrees 04 minutes 21 seconds West 55.05 feet to a nonmonumented point in the southern right-of-way line of N.C. Highway 24, thence along said southern right-of-way line the following courses and distances: North 64 degrees 42 minutes 46 seconds East 551.34 feet, North 70 degrees 23 minutes 40 seconds East 472.79 feet, North 74 degrees 18 minutes 58 seconds East 600K_jjkj_PAGE -7� 200.02 feet, North 73 degrees 35 minutes 43 seconds East 325.00 feet North 16 degrees 24 minutes 17 seconds West 12.00 feet, and North 73 degrees 36 minutes 11 seconds East 668.41 feet to an existing iron pipe in said southern right-of-way line of N.C. Highway 24 and being the northernmost common corner of Cannonsgate at Bogue Sound and Tuttle and being the point and place of beginning and being a 15' utility easement containing 33,988 square feet as calculated by Charles Francis Riggs, P.L.S. L-2981 on July 23, 2015. The courses contained within are correct in angular relationship and are referenced to NAD83(2011). The easement is further delineated on the Easement Survey for Cannonsgate at Bogue Sound Home Owners Association prepared by Charles F. Riggs and Associates, Inc. and attached hereto as Exhibit'A'. Grantor also conveys to Grantee a Temporary Construction Easement across the property adjacent to the Easement Property ("Adjacent Property") for the initial installation and maintenance of the wastewater main and appurtenant equipment. The Temporary Construction Easement is further described as follows: A total width of Ten feet (10') evenly split with Five feet (5) on both sides of the Easement Property. Said Temporary Construction Easement shall expire immediately upon completion of the property and restoration of the Adjacent Property to its previous physical condition. Said Wastewater Main Easement is subject to the following terms and conditions 1) The Grantee, its successors and assigns, shall be entitled to the use of the Easement Property as necessary and appropriate for the wastewater main and appurtenant utility equipment, including the right to construct, interconnect, install, improve, remove, replace, inspect, repair, operate and maintain the wastewater main and appurtenances. The wastewater main shall be installed underground. 2) The Grantee shall be entitled to use the Easement Property for access to the wastewater main; provided nothing herein shall convey to Grantee any right of access over other property of the Grantor except that described and conveyed herein. 3) The Grantee is authorized to remove and keep removed from the Easement Property all trees, roots, limbs, shrubs, underbrush and parts thereof or other obstacles, including buildings, fences and structures as necessary to install, maintain, repair, improve, replace, operate, or protect the wastewater utilities located therein. BOOK 15 d. PAGE -I(e 4) Following completion of any wastewater utility improvements within the Easement Property, any disturbed lands will be restored in accordance with generally accepted wastewater utility, engineering and landscaping practices. 5) Grantee shall indemnify Grantor against any damages caused by Grantee in the exercise of its rights under this easement. 6) In the event that the wastewater main was laid prior to the granting of the Easement hereunder, Grantor acknowledges that payment for this Easement by Grantee shall extinguish claims as Grantor may have against Grantee for trespass or the disturbance of Grantor's property. In the event that Grantee, upon its own determination, no longer needs the Wastewater Main Easement, Grantee shall execute a Termination and Withdrawal of Easement and record such document in the Carteret County Registry. TO HAVE AND TO HOLD the aforesaid perpetual easements unto the Grantee, its successors and assigns, and all privileges and appurtenances, thereunto belonging to the Grantee. The Grantor hereby, for themselves, their heirs and assigns, hereby warrant and covenant that they are the owners of the aforesaid premises, that they have the right to grant such easements and that with the exception of all restrictions and easements already on record with the Carteret County Register of Deeds, the premises are free and clear of any material encumbrances and will warrant and defend title to the same against lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed on the day and year first above written. Cannonsgate at Bogue Sound Homeowner's Association, Inc. By: Keith Mare9dy, PresidenY BOOK_ 5 UPAGE 760 STATE OF NORTH CAROLINA COUNTY OF CARTERET I, the. undersigned, a Notary Public of the County and State aforesaid, certify that !+j-A L! cj whose identity has been proven by satisfactory evidence,, said evidence eing: 19 1 have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); personally came before me this day and acknowledged that he/she, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf of the corporation for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this day of _ c C,irC� 2015. ucd_ a ]Not ry Public S gn ure Print Name: SAf24\IA TAy L_OL BLILL-A My Commission Expires: 10-1'l —202U [AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE] i .! Z v . MOTARY :9 S 71j8i 1C. ..� BOOK �&3 PAGE _A0 This map is not a certified survey EXH I BIT A and has not been reviewed by a local government agency for compliance with any applicable land development regulations C/L. INTERSECTION OF PRINGLE AD k NC HIGHWA' NORTHING: 357294.39' EASING: 26GS624.88' UNITED STATES OF AMERICA ssr s� D.B. 676, PG. 74 p rL y VICINITY SKETCH 1 NOT TO SCALE OWNERS CA GATE AT BOGLE O 9C0ly �� SOUND HOME OWNERS I:p F O n ASSOCIATION, INC !'O Oi% TAX ID 20� $� �� $ 6305.04.64.9370 'Po GT - N7418'58El� O a a NCFs o� py o doG��7 200.02 O.B. 1285. PG 345 X 4 / UNITED STATES OF AMERICA de O.B. 676, PG. 74 / N25'04'21'W N41E THIS SURVEY PREPARED WITHOUT BENUIT OF TITLE COMMITMENT 7'E El / �� 518�055'E 15.00' NOW OR FORMERLY) TUTTLE D.B. 1370, PG. 178 CANNONSGATE AT BOGLE SOUND HOME OWNERS ASSOCIATION, INC D.B. 1285, PG. 345 PROPOSED AQUA NORTH CAROLINA, INC. PERMANENT 15' UTILITY EASEMENT 33988 Sq.Ft. (0.78 ACRES) THE DRAFTING OF THIS SURVEY MAP WAS COMPLETED PRIOR TO THE SETTING OF IRONS AT THE NON MONUMENTED POINTS NC HIGHWAY 24 LEGENQ CC - CONTROL CORNER ECM - EXISTING CONCRETE MONUMENT (FOUND)(CONTROL CORNER) EIP EXISTING IRON PIPE (FOUND) EN - EXISTING IRON ROD (FOUND) EMN - EXISTING MAGNETIC NAIL (FOUND)(CONTROL CORNER) EPK - EXISTING PARKER-KALON NAIL (FOUND)(CONTROL CORNER) ERRS - EXISTING RAILROAD SPIKE (FOUND) MBL - MINIMUM BUILDING LINE NMP - NON MONUMENTED POINT R/W - RIGHT OF WAY SCAR SET CONCRETE MONUMENT (CONTROL CORNER) SIP - SET IRON PIPE SIR SET IRON ROD SMN - SET MAGNETIC NAIL (CONTROL CORNER) SPK - SET PARKER-KALDN NAIL (CONTROL CORNER) It - PsNTFRI INF 13-12-04 EASEMENT SURVEY FOR IARLCC FRANCIS RICE , PROFESSIONAL LAND &YOT I HAVE 1EYWR'THE PROPERTY AS SHOWN DO HEREBY CERTIFY AHEREON N 119"Y6— CANNONSGATE AT ROGUE SOUND )2DANCE WI7H THE STANDARDS OF PRACTICE LAND SURVEYING IN NORTH CAROLINA. THAT MAY 7, 2015 HOME OWNERS ASSOCIATION, INC. RATIO OF PRECISION %$$ CALCULATED BY LADES AND DT,,n E61141 •NwN wie - - C AR p,1, zD1s 15' UTILITY EASEMENT ALONG gy[ �4;Essio9�y SOUTHERN R/W OF NC HIGHWAY 24 AL 2981 ( —_ WHITE OAK TOWNSHIP, CARTERET COUNTY, NC . CHARLES F. RIGGS & ASSOCIATES, INC.(C-730 /i��'i 828�22 502 BRIDGESTREET LAND213 217 lC P.O. BOX 570 CULBRETH DRIVE —CKSONVILLE, NC 28540-1570 WILMINGTON, NC 28405 o• / 3p0• cue V. TELEPHONE: (910) 455-0877 TELEPHONE: (910) 681-744 = 300' E-MAIL: riaasland0bizec.rr.com BOOK 65 J-I PAGE 0 x- an on:infiltration b. the 5,7Q0,':06. c7 *Nal,I,oris per w rnan ,geiment of Groundr��ater. "Wczsfewater: Dtzlzty .system. Assets'' shall ::nneaz} th >ubstances discharge :' ` -' :' ' 2 5 : In ttze; event: of default as defined �a �ection 1� o�tl�e 3 General.P,rouisions; 3 Bind .n .on Successors and Ass ' s The conditions, xestnchonsand e Ca40 �< , ... _ . - , :. _ 7 - �. ,, ;._ ': ,... Ea C �e9 i la�npl Mill x;j Dim EEE�s ►- �; � W U� ? 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