BC 1995 04 17 - Laserfiche WebLink

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390 pipelines upon that real property owned by the County for the Reservoir Project to the extent and in the manner set forth in the Relocation Plan. For the purposes of this Reservoir Agreement, "necessary cover" shall mean that degree or amount of cover or overburden set forth in the Relocation Agreement and the Relocation Plan. 2. Henceforth, the County will neither enlarge nor otherwise perform any act which further affects Plantation's relocated right of way and pipelines without prior notification to Plantation. 3. The County and Plantation acknowledge that the dam constructed within the Reservoir Project includes facilities which enable the water level of the reservoir to be drawn downand lowered within a safe and reasonable time period. Subject to notice to and prior approval by the Public Water Supply and Land Quality Sections of the North Carolina Department of Environment, Health and Natural Resources (or their successors), the County and Plantation agree that: a) Upon notice by Plantation to County of: (1) any leak or other malfunction of its facilities; (2) the construction of additional pipelines; or (3) any other purpose reasonably requiring Plantation to have access to its facilities, the County shall initiate a draw down of and thereby lower the water level of the reservoir; and b) The County shall maintain the draw down and lower water level for a period of time reasonably necessary for the purposes of Plantation; and c) The draw down may involve the lowering of the water level of the reservoir such that no inundation reaches closer than 100 feet at the nearest point to Plantatton's right of way. 4. As additional protection of the reservoir in the event of a break in Plantation's pipelines within the inundated area, the County has authorized Plantation to acquire and the County has paid for electrically operated, remote-controlled block valves for installation along Plantation's pipelines on both sides of the reservoir crossing. In addition to .the requirements of paragraph 3 hereof, and to the installation of the block valves herein identified, in cooperation with Plantation, the County also agrees to develop an Emergency Response Plan conforming with federal, state and local regulations for the mutual protection of the pipeline facilities and the Reservoir Project. 5. Subject to notice to and prior approval by the Public Water Supply and Land Quality Sections of the North Carolina Department of Environment, Health and Natural Resources (or their successors), and provided that all aspects of any new installation are also coordinated and scheduled with the County, the County agrees that Plantation may construct additional pipelines withtn the relocated right of way. 6. If required to meet U.S. Department of Transportation or other governmental or safety regulations arising from or due to the presence of the Reservoir Project, or if necessary simply to tdentifyPlantation's pipelines, County acknowledges that Plantation may install additional above-ground valves along the right of way, together with markers to identify the location of the pipelines. Both the County and Plantation acknowledge that any such additional valves or markers will be properly enclosed, fenced or otherwise protected. 7. PROVIDED that access to and maintenance of the relocated right of way complies with all federal, state and local regulations regarding sedimentation, pollution and erosion control, water supply, and other regulations regarding dam and pipeline safety and health, Plantation shall have the right to keep and maintain the relocated right of way across the County's property free and clear of trees, undergrowth, buildings, pavement or other structures. 8. Except as specifically provided herein, this Reservoir Agreement neither alters, amends nor otherwise changes the duties and responsibilities imposed upon Plantation and the County by virtue of the recorded servitudes and easements hereinbefore identified.