WQ0018146_Application_20190916

A " U A -
September 16, 2019
NCDENR / Division of Water Resources
Water Quality Permitting Section "
1617 Mail Service Center
Raleigh, NC 27699-0167
Re: Application for Permit Renewal
Aqua North Carolina, Inc.
The Preserve at Jordan Lake
WQ0018146
Chatham County
Good Afternoon:
RECEIVE►D/Nt,r±r , •,;'�R
SEP 6 2019
Non -Discharge
Permrtting Unk
Enclosed is two copies of the completed application Form NDSR 09-18. This submittal
includes:
Permit Application
Certificate of Public Convenience and Necessity
Easements
Site Map (s)
This application consists only for renewal of the existing irrigation facilities.
Should you need any additional information or assistance, please feel free to contact
me [phone] or by e-mail at [e-mail].
Sincerely,
Amanda Berger
Director of Environmental Compliance
Aqua North Carolina
Cc: Shannon Becker
Joseph Pearce
Robert Krueger
202 MacKenan Court, Cary, NC, 27511 - 919.467.8712 - AquaAmerica.com

State of North Carolina
Department of Environmental Quality
DWR Division of Water Resources
DNON-DISCHARGE SYSTEM RENEWAL
Division uF Water Resources
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: Aqua North Carolina, Inc.
2. Signature authority's name: Amanda Berger per 15A NCAC 02T .0 106f b Title: Director, Environmental Compliance
Primary Telephone number: [phone] Select Secondary number: [phone] Select
Email Address: AaowensCuiAquaamerica.com
3. Permittee's mailing address: 202 MacKenan Court RECEIVEMCDENWR
City: Cary State: NC Zip: 27511-6447
4. Billing address (if different from above): S EP 1 6 2019
City: State: Zip: - Non -Discharge
5. Contact person's name (if different from signature authority): Title. Permitbng Unit
Primary Telephone number: (_) _- Select Secondary number: (_) _- Select
Email Address:
II. PERMIT INFORMATION:
1. Existing permit number: WQ0018146
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)]
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 A reement FORM: HOA and a copy of the proposed or
approved Articles of Incorporation, Declarations, and By-laws [15A 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 4

DWR,
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
Grantor or
Grantee
Expiration
County
Deed
Deed Page
Document
Type
Parcel No.
Date
Registered
Book
1
Description
Bluegreen
Golf Clubs
Irrigation &
& Preserve
Effluent
Easement
at Jordan
Aqua NC
Perpetual
Chatham
1211
516
Easement
Lake
Agreement
Community
Association
Other
Aqua NC
Select
Aqua NC
Select
Aqua NC
Select
Aqua NC
Select
Aqua NC
Select
Select
Select
Select
Select
FORM: NDSR 09-18 Page 2 of 4

State of North Carolina
DWR
Division of Water Resources
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
FORM: NDSR 09-18
1. The document description shall list any reduced setbacks with distance, etc.
FORM: NDSR 09-18 Page 3 of 4

State of North Carolina
DWR
Division of Water Resources
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
FORM: NDSR 09-18
A plicant's Certification per 15A NCAC 02T .01061 bi:
I, attest that this renewal application has been reviewed by me, and is accurate and complete to the best of my
knowle ge. 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 143-215.6B, 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 . 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 the criteria in 15A NCAC 02T .0106(b]
Signature: Date: !� A G%q
/
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: By Courier: By Email:
Non -Discharge Branch Non -Discharge Branch — Archdale 640D Non-Dischar e.Re orts ,ncdenr. ov
1617 Mail Service Center 512 N. Salisbury St.
Raleigh, NC 27699-1617 Raleigh, NC 27604
TELEPHONE NUMBER: [phone]
FORM: NDSR 09-18 Page 4 of 4

STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
DOCKET NO. W-274, SUB 528
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
In the Matter of
Application by Heater Utilities, Inc., Post Office )
Drawer 4889, Cary, North Carolina 27519, for a ) ORDER GRANTING
Certificate of Public Convenience and Necessity to ) FRANCHISE AND
Provide Sewer Utility Service in The Preserve at ) APPROVING RATES
Jordan Lake Subdivision in Chatham County, North )
Carolina, and for Approval of Rates )
BY THE COMMISSION: On June 17, 2005, Heater Utilities, Inc. (Heater or
Applicant), filed an application with the Commission seeking to acquire a sewer utility
franchise for The Preserve at Jordan Lake Subdivision in Chatham County, North Carolina,
and for approval of rates. The Applicant's proposed rates are the same as currently
approved in its other franchised service areas. The Applicant states that there are
presently 285 customers being served and that no other person or utility seeks to provide
the service proposed. The Applicant expects eventually to serve 522 residential
customers in The Preserve at Jordan Lake Subdivision.
Heater is acquiring the sewer utility system under an agreement between Heater
and the developer, Jordan Lake Preserve Corporation (JLPC), and the golf course owner,
Bluegreen Golf Clubs, Inc. (Bluegreen), dated November 2004. Heater is paying JLPC
one dollar for the wastewater utility system and other assets and shall not collect any
wastewater connection fees from the customers. The Public Staff has recommended that
the agreement be approved.
Heater has entered into an agreement (Amended and Restated Grinder Pump
Agreement [ARGPA]), dated August 17, 2005, with the property owners association, The
Preserve at Jordan Lake Community Association, Inc., (POA) for the installation and
maintenance of the residential grinder pump stations. The Public Staff recommended that
this ARGPA be approved.
Heater has entered into an Effluent Easement and Irrigation Agreement, executed
by Heater on May 20, 2005 (Effluent Easement), with JLPC and Bluegreen, conveying to
Heater a perpetual easement for reuse effluent irrigation on the 134 acre golf course. The
Public Staff recommended this Effluent Easement be approved.

Heater has entered into an Effluent Easement and Irrigation Agreement (POA
Effluent Easement) with the POA and Bluegreen, conveying to Heater a perpetual
easement for reuse effluent irrigation on certain POA properties. The Public Staff
recommended this POA Effluent Easement be approved.
By letter dated July 19, 2005, the POA requested the Commission to waive any
requirement of public notice or public hearing and approve the certificate granting
franchise as soon as possible.
On the basis of the verified application and the records of the Commission, the
Commission makes the following
FINDINGS OF FACT
1. Heater presently holds water franchises for approximately 470 systems (700
subdivisions) serving approximately 34,100 customers in 32 counties and sewer franchises
for approximately 35 systems (71 subdivisions) serving approximately 5,650 customers in
11 counties. Heater's record of service is satisfactory.
2. The service area covered is the area shown on the plans attached as
Exhibit 9 to the application form filed in this docket. There are presently 285 customers
being served in The Preserve at Jordan Lake Subdivision. Heater expects eventually to
serve 522 residential customers in this subdivision.
3. The Public Staff has recommended that Heater be required to post a $10,000
bond for The Preserve at Jordan Lake Subdivision. Heater currently has $5,700,000 of
bonds posted with the Commission. Of this amount, $5,340,000 of bond surety is assigned
to specific subdivisions and $360,000 of bond surety is unassigned.
4. Heater has the technical, managerial, and financial capacity to provide sewer
utility service in this new franchise area.
5. Heater has filed all exhibits required with the notification
6. The NC Division of Water Quality has issued a plan approval letter in The
Preserve at Jordan Lake Subdivision for a 194,000 GPD wastewater treatment consisting
of flow equalization, dual 140,000 gallon aeration basins, clarifiers, tablet chlorination,
aerated sludge holding tanks, tertiary filters, ultraviolet disinfection and reclaimed water
irrigation consisting of an irrigation pond and 134 acres of golf course irrigation area. The
plans are approved under Permit No. WQ0018146, dated October 31, 2003.
2

Based upon the foregoing, the Commission is of the opinion that $10,000 of
Heater's unassigned bond surety should be assigned to The Preserve at Jordan Lake
Subdivision, that the sewer utility franchise requested by Heater for The Preserve at
Jordan Lake Subdivision should be granted, that the requested rates should be approved,
and that the agreements described above should be approved.
IT IS, THEREFORE, ORDERED as follows:
1. That $10,000 of the $360,000 unassigned bond surety shall be assigned to
Tavernier Subdivision. The remaining unassigned bond surety shall be $350,000.
2. That Heater is granted a certificate of public convenience and necessity to
provide sewer utility service in The Preserve at Jordan Lake Subdivision in Chatham
County, North Carolina. The service area covered in the franchise is the area shown on
the plans attached as Exhibit 9 to the application form filed in this docket.
3. That Appendix A constitutes the Certificate of Public Convenience and
Necessity.
4. That the Schedule of Rates (see Docket No. W-274, Sub 443) is approved
for Heater in The Preserve at Jordan Lake Subdivision. These are the same rates
approved by the Commission for Heater's other franchised areas.
5. That the Acquisition Agreement, Amended and Restated Grinder Pump
Agreement, Effluent Easement, and POA Effluent Easement are approved.
6. That pursuant to the request of the POA, the Commission waives the
requirement of public notice or public hearing on this matter.
ISSUED BY ORDER OF THE COMMISSION.
This the 26th day of August, 2005.
NORTH CAROLINA UTILITIES COMMISSION
rb082205.03 Patricia Swenson, Deputy Clerk
3

STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
DOCKET NO. W-274, SUB 528
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
HEATER UTILITIES. INC.
is granted this
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
to provide sewer utility service
in
THE PRESERVE AT JORDAN LAKE SUBDIVISION
Chatham 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 26th day of August, 2005.
NORTH CAROLINA UTILITIES COMMISSION
Patricia Swenson, Deputy Clerk

0511 FILED
CHATHAM COUNTY
REBA G. THOMAS
REGISTER OF DEEDS
FILED Oct 04, 2005
AT 02:13:16 pm
BOOK 01211
START PAGE 0516
END PAGE 0528
AMENDED AND RESTATED INSTRUMENT # 13414
EFFLUENT EASEMENT AND HMGATION AGREEMENT
w 12 1 1w 516
This AMENDED AND RESTATED EFFLUENT EASEMENT AND I}ATION
AG EMENT (the "Effluent Easement") is made and entered into as of the L o t y of
2005, by BLUEGREEN GOLF CLUBS, INC., a North Carolina
corporation Bluegreen"), PRESERVE AT JORDAN LAKE COMMUNITY ASSOCIATION,
INC., a North Carolina non-profit corporation ("Association"), and HEATER UTILITIES, INC.,
a South Carolina corporation ("Heater").
WITNESSETH:
THAT WHEREAS, Bluegreen is owner of the Golf Course (as defined below) in the
development known as The Preserve (as defined below), which will consist of approximately 517
homes with a golf course and amenities and is located on and near Big Woods Road
approximately seven miles northeast of Pittsboro, North Carolina; and
WHEREAS, Bluegreen and Heater have entered into the Acquisition Agreement (as
defined below) whereby Heater will acquire the wastewater facilities to serve The Preserve, with
Heater owning and operating the facilities as a utility company regulated by the Commission (as
defined below) and DWQ (as defined below) for wastewater service; and
WHEREAS, Association is the property owners association at The Preserve, and the
Association owns a soccer field approximately one half acre in size and also a drip irrigation
nw. ,1.1-

1211
0517 BOOK 1 2 11 PAGE 517
landscape area near the Association's clubhouse at The Preserve for which Association desires to
receive Reuse Effluent (as defined below) for irrigation; and
WHEREAS, Heater is a public utility company in the business of providing wastewater
service to communities such as The Preserve; and
WHEREAS, Bluegreen, Heater and the Association entered into an Effluent Easement
and Irrigation Agreement dated November 1, 2004 (the "Original Easement Agreement'); and
WHEREAS, the parties thereto desire to amend certain terms of the Original Easement
Agreement and to reflect together in a restatement, for more convenient reference, such
amendments and the continuing provisions of the Original Easement Agreement.
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Bluegreen, Association and Heater intending
to be legally bound, agree as follows:
Definitions.
1.1 "Acquisition Agreement" shall mean that certain Agreement for the Acquisition
and Operation of the Wastewater Utility System Serving The Preserve at Jordan Lake, dated as
of November L], 2004, executed among JLPC, Bluegreen and Heater.
1.2 ' Association Spray Areas " shall mean the soccer field approximately one-half
acre in size and any other Association -owned land at The Preserve that has been or may in the
future be permitted by DWQ for spray irrigation of Reuse Effluent.
1.3 "Association Spa Irrrgation Facilities" shall mean all Reuse Effluent
irrigation lines, irrigation and spray devices, controls and other devices located on or under the
Association Spray Areas used in the application of Reuse Effluent upon the Association Spray
Areas located within The Preserve, together with all the appurtenant easements.
1.4 "Commission" shall mean the North Carolina Utilities Commission.
1.5 "DWO'" shall mean the Division of Water Quality of the North Carolina
Department of Environment and Natural Resources.
1.6 `Muertt Easement " shall mean this Effluent Easement and Irrigation
Agreement, including all exhibits and schedules hereto, if any, as maybe amended from time to
time.
1.7 "Effluent Storage Pond" shall mean the existing 16.085 million gallon storage
pond at The Preserve owned and operated by Heater in which the Reuse Effluent is stored after
treatment at the W WTP (as defined below) and from which the Reuse Effluent is then pumped to
be sprayed onto the Association Spray Areas.
MLJBDI -,..I

12-11
05118 BOOK 121 I PAGE 518
1.8 "Golf Course" shall mean the golf course and areas appurtenant to the golf
course at The Preserve, including Golf Course rough, buffers, cart paths and access areas.
1.9 "JLPC" shall mean Jordan Lake Preserve Corporation, the developer of The
Preserve.
1.10 "Permit" shall mean the permit for the operation ofthe Wastewater Utility
System (as defined below) and Spray Irrigation Facilities and Association Spray Irrigation
Facilities (each as defined below) issued by DWQ, as the same may be modified or renewed
from time to time.
1.11 "Reuse Effluent " shall mean the wastewater that has been treated by Heater to
the point that it meets the effluent quality standards required by the Permit.
1.12 "The Preserve" shall be mean the property being developed by JLPC,
consisting of approximately 598 acres located near Big Woods Road, approximately seven miles
northeast of Pittsboro, North Carolina, which will consist of approximately 517 single family
residences with a golf course, clubhouse, swimming pool, tennis courts and other amenities.
1.13 "Upset Storage Pond" shall mean the existing 1.157 million gallon, five-day
retention pond approved by DWQ and located near the W WTP at The Preserve for the retention
of wastewater during W WTP upsets.
1.14 "Wastewater Utility System " shall mean the W W IT, the collection system that
delivers wastewater to the W WTP, the Upset Storage Pond, the Effluent Storage Pond, all lift
stations, and other facilities used in the collection, treatment, holding and discharge of the
wastewater, except the spray irrigation facilities of Bluegreen and the Association Spray
Irrigation Facilities.
1.15 "WWTP" shall mean the wastewater treatment plant located within The
Preserve.
2. Spray Irrigation. Blucgreen shall be responsible for all aspects of the daily operation of
the Association Spray Irrigation Facilities by a certified spray irrigation operator.
3. Spraying Activities. Bluegreen shall cause its certified spray irrigation operator to spray
Reuse Effluent onto the Association Spray Areas in such amounts and frequencies as the
operator may determine in his discretion, provided, however, that such spraying shall be done in
compliance with all DWQ requirements and subject to oversight by Heater as the DWQ
permitee.
4. Heater's Right to Assume Spraying Operations. If in the reasonable opinion of Heater,
Bluegreen and/or Association are not operating or maintaining the Association Spray Irrigation
Facilities in accordance with the terms of this Effluent Easement or DWQ requirements, then

05T9 BOOK 121 PAGE 519
Heater shall give Bluegreen and Association written notice to make such repairs or improve such
operation and maintenance procedures and, if Bluegreen and/or Association fail or refuse to do
so within thirty (30) days after receipt of said written notice, then, at Heater's option, Heater
shall have the right to enter the Association Spray Areas and undertake such responsibilities to
the extent necessary to operate the Association Spray Irrigation Facilities to accomplish the
purposes of this Effluent Easement, and charge Bluegreen and/or Association for the reasonable
and necessary costs actually incurred thereby; provided, however, that nothing herein shall
relieve Bluegreen and/or Association from the continuing obligation ofoperation and
maintenance of the Association Spray Irrigation Facilities. Should Heater assume the
responsibility to operate and maintain the Association Spray Irrigation Facilities, it shall have no
obligation to maintain the Association Spray Areas or Association Spray Irrigation Facilities for
any purpose other than the irrigation with the Reuse Effluent; provided, however, that Heater
shall use commercially reasonable efforts to avoid damage to the Association Spray Irrigation
Facilities and the Association Spray Areas.
5. Testing and Inspections. Heater shall have the right, at any time and upon reasonable
notice to Bluegreen and Association, to enter the Association Spray Areas and inspect and
review the operation and maintenance of the Association Spray Irrigation Facilities, take tests
including water samples, soil borings, and conduct other tests and monitoring ofthe Association
Spray Areas (including the installation and maintenance of monitoring wells) in relation to the
operations to be conducted under this Effluent Easement; provided, however, that (i) Heater's
testing and inspection activities on the Association Spray Areas shall not interfere with the
intended use of the Association Spray Areas, and (ii) Heater shall use commercially reasonable
efforts to avoid damage to the Association Spray Irrigation Facilities and the Association Spray
Areas.
6. Service Interruption. In the event of service interruptions caused by a malfunction of the
Wastewater Utility System, Heater shall exercise due diligence in completing the necessary
repairs and restoring Reuse Effluent delivery to the Effluent Storage Pond. In the event of
service interruption caused by a malfunction of the Association Spray Irrigation Facilities,
Bluegreen shall exercise due diligence in completing the necessary repairs and restoring Reuse
Effluent irrigation to the Association Spray Areas, failing which Heater may undertake such
repairs as provided in Section 5 above.
Grant of Easement.
7.1 The Association hereby grants and conveys to Heater, Bluegreen, and their
respective successors and assigns forever, a perpetual non-exclusive easement appurtenant to the
property upon which the W WTP is located, as more particularly described in Exhibit A (the
"W WTT ProcertW') and the property upon which the Golf Course is located, as more particularly
described in Exhibit B (the "Golf Course Properhl'), respectively; for the purpose of spraying
Reuse Effluent, operating the Association Spray Irrigation Facilities and other activities related
thereto as more fully set forth in this Effluent Easement. This easement allows such spraying
and related activities within the Association Spray Areas identified in the Permit and generally as
depicted on the map attached as Exhibit C ("Easement Areas"). The Easement Areas are
RA , 117-1

1211
0520 BOOK 121 1 PAGE 520
located within the property described on Exhibit D attached hereto (the "Easement Property ).
The right to spray pursuant to this easement is allowed without payment of any fee or other
charge being made therefore. The Association shall not further encumber the Easement Areas,
or engage in any activity therein, or grant any other interest or privilege therein to any other
party, that would interfere with the enjoyment by Heater or Bluegreen of their respective rights
or fulfillment of their respective obligations created by this Effluent Easement.
7.2 The Association further hereby grants to Heater, Bluegreen, and their respective
successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP
Property and the Golf Course Property, respectively, to the other portions of the Easement
Property for ingress, egress, regress and access to and from the Association Spray Areas and
Association Spray Irrigation Facilities and over, across, upon, and through the Association Spray
Areas and Association Spray Irrigation Facilities, as necessary for Heater and Bluegreen to enjoy
their respective rights and to fulfill their respective obligations under this Effluent Easement,
without payment of any fee or other charge being made therefore. The Association shall not
interfere with or permit any other party to interfere with the right of ingress, egress, regress and
access of Heater and Biuegreen granted hereby. In the exercise of such right of ingress, egress,
regress and access, Heater and Bluegreen shall, where possible, use existing roads, paths, and
other ways of travel to and from the Association Spray Areas. Heater and Bluegreen shall have
no obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary
care in their use of the same. Where roads, paths, or other ways of travel do not exist, the
Association shall make reasonable efforts to specify ways of travel for Heater's and Bluegreen's
use so as to permit Heater and Bluegreen to enjoy the privileges and fulfill the obligations
created by this Effluent Easement without undue interference. Heater and Bluegreen shall use
their best efforts to conduct their activities on the Association Spray Areas and in the Easement
Areas so as to avoid any unreasonable and adverse interference with the normal use of the
Association Spray Areas.
8. No Pa_.ments for Reuse Effluent or Operation of the Association Spray Irrigation
Facilities. There will not be any payments now or at any time in the future by Association to
Heater for the Reuse Effluent that will be irrigated on the Spray Areas. There will not be any
payments by Heater to Bluegreen or Association now or in the future for any aspect whatsoever
or the operation, maintenance, and repair of the Association Spray Irrigation Facilities or the
Association Spray Areas, or providing Heater the information required for the DWQ reports.
9. R lacement of the Association Spree Irrigation Facilities. At such time in the future as
it is necessary to replace any portion of the Association Spray Irrigation Facilities, it shall be
Association's sole responsibility to replace such portion of the Association Spray Irrigation
Facilities at Association's cost.
10. Reuse Effluent Quality HEATER SHALL NOT BE RESPONSIBLE FOR
ACHIEVING WATER QUALITY LEVELS IN THE REUSE EFFLUENT BEYOND THE
REQUIREMENTS OF THE SPRAY IRRIGATION PERMITS ISSUED BY DWQ.

1211"
0521
BOOK 1211 PAGE 521
General Provisions,
11.1 Bindinp upon Successors and Assigns. The conditions, restrictions and
easements contained in this Effluent Easement are covenants running with the land; they are
made by Heater, Bluegreen and the Association for the benefit of themselves, their successors
and assigns in title to all or part of the W WTP Property, the Golf Course Property or the
Easement Property.
11.2 No Third Party Beneficiary Rights. Nothing expressed or referred to in this
Effluent Easement will be construed to give any person other than the parties to this Effluent
Easement any legal or equitable right, remedy or claim under or with respect to this Effluent
Easement or any provision of this Effluent Easement, except such rights as shall inure to a
successor or permitted assignee pursuant to Section 13.1 above.
11.3 Independent Contractor. The parties hereto are and shall be independent
contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement to
create an agency, partnership, or joint venture between the parties hereto.
11.4 Countemarts. This Effluent Easement may be executed in one or more
counterpart signature pages (including facsimile counterpart signature pages), each of which will
be deemed to be an original copy of this Effluent Easement and all of which, when taken
together, will be deemed to constitute one and the same agreement.
11.5 Headings. The headings of particular provisions ofthis Effluent Easement are
inserted for convenience only and shall not be construed as a part of this Effluent Easement or
serve as a limitation or expansion on the scope of any term or provision of this Effluent
Easement.
11.6 Enforcement of Effluent Easement. Each party acknowledges and agrees that
the other party would be irreparably damaged if any of the provisions of this Effluent Easement
are not performed in accordance with their specific terms and that any breach of this Effluent
Easement by a party could not be adequately compensated in all cases by monetary damages
alone. Accordingly, in addition to any other right or remedy to which a party may be entitled, at
law or in equity, it shall be entitled to enforce any provision of this Effluent Easement by a
decree of specific performance and to temporary, preliminary and permanent injunctive relief to
prevent any breach or threatened breach of any of the provisions of this Effluent Easement,
without posting any bond or other undertaking.
11.7 Notices. All notices and other communications required or permitted hereunder
shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by United States
first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv)
by facsimile addressed to the address or facsimile number indicated on the signature pages to this
Effluent Easement (or at such other address or facsimile number as such party or permitted
assignee shall have furnished to the other parties hereto in writing). All such notices and other
written communications shall be effective on the date of delivery, mailing, or facsimile
AAIJ�BoI MIIN.I

1211 "'
0522
transmission. BOOK 12 1$ PAGE 522
11.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of
this Effluent Easement, in anyone or more instances, shall be deemed to be, or construed as, a
further or continuing waiver of any such tern, condition or provision.
11.9 Entire�t. This writing and the documents referred to herein embody
the entire agreement and understanding between the parties hereto and there are no other
agreements or understandings, oral or written, with reference to the subject matter hereof that are
not merged herein and superseded hereby.
11.10 Modifications in WritiniL. This Effluent Easement shall not be modified,
amended, or changed in any respect except in writing, duly signed by the parties hereto, and each
party hereby waives any right to amend this Effluent Easement in any other way.
11.11 Consent to Jurisdiction. The parties hereto agree that the state and federal
courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement and any
controversies arising out of, relating to, or referring to this Effluent Easement, the formation of
this Effluent Easement, and actions undertaken by the parties hereto as a result of this Effluent
Easement, whether such controversies sound in tort law, contract law or otherwise. Each of the
parties hereto expressly and irrevocably consents to the personal j urisdiction of such state and
federal courts, agrees to accept service of process by mail, and expressly waives any
jurisdictional or venue defenses otherwise available.
11.12 Governing Law. This Effluent Easement shall be governed by the internal
substantive laws of the State of North Carolina, without regard to such state's conflict of law or
choice of law rules.
11.13 Original Easement Agreement Superseded. The parties acknowledge and agree
that this Effluent Easement restates as well as amends, and thus it replaces and supersedes, the
Original Easement Agreement in its entirety, and that the Original Easement Agreement as such
is hereby rendered null and void and of no further force or effect
11.14 Recordation; Duration. Upon closing of the transactions contemplated in the
Acquisition Agreement, Heater shall record this Effluent Easement in the Register of Deeds of
Chatham County, North Carolina at Heater's expense. The provisions of this Effluent Easement
will run with and bind title to the W WTP Property and the Easement Property, will be binding
upon and inure to the benefit of all owners of any portion of the W WTP Property or the
Easement Property, and will be and remain in effect until such time as a document terminating
this Effluent Easement Agreement is signed by all of the owners of the W WTP Property and the
Easement Property and recorded in the public land records of Chatham County.
11.15 Required Amendments. In the event that the Permit is modified, amended or
expanded at any time to permit additional Association -owned land at The Preserve for spray
irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this
Effluent Easement designating such additional areas as Easement Areas hereunder.
RAll1BUl >6i161.1

1211
0523 Bon 1211 PAGE 523
IN WITNESS WHEREOF, the parties have caused this Effluent Easement to be duly
executed in their respective corporate names, all by authority duly given, the day and year first
above written
BLUEG GOLF CLUBS, INC.
40/1
By:___ President
Address:
Fax:
PRESERVE AT JORDAN LAKE
COMMU�NrI�Y ASSOCIATION, INC
By: President
Address: $�9 �2e,„ii 1—�*�•�� Fax:
INC.
By: William E. Grantmyre, President
Address: 202 MacKenan Court
Cary, NC 27511
Attn: President
Fax.: [phone]
�1-1- 8

1211"
0524
-T � BOOK 1211 PAGE 524
STATE OF
COUNTY OF
I, the undersigned Notary Public for the County and State aforesaid, certify that
5WISL personally appeared before me this day and acknowledged that he is
the NESi WVT of Bluegreen Golf Clubs, Inc., a North Carolina corporation, and
that by the authority duly given and. as the act of such entity, he signed the foregoing instrument
in its name on its behalf as its act and deed.
Witness my hand and official stamp or seal this&q&y of �GIq.{ 20V.
My Commison Expires: Vim`
Date Notary Pu c it v"v s WENDY C KERR
NOTARY PUBLIC
t*:*t
t a•. {yState of Texas
STATE OF NORTH CAROLINA ti'+'Comm. EXD. 05-15-2007
COUNTY OF C' l -*-+4- A w`
I, the undersigned Notary Public for the County and State aforesaid, certify that
RAA�4aa A. . &and , President, personally appeared before me this day and acknowledged
that he is the President of Preserve at Jordan Lake Community Association, Inc., a non-profit
corporation, and that by the authority duly given and as the act of such entity, he signed the
foregoing instrument in its name on its behalf as its act and deed.
rd
Witness my hand and official stamp or seal, this u�day of 2004.
My Commission Expires:
— 5-3t-ca _
Date 4NP.blicX
STATE OF NO AROLB
COUNTY OF
I, the undersigned Notary Public for the County and State aforesaid, certify that William E.
Grantmyre personally appeared before me this day and acknowledged that he is the President of
Heater Utilities, Inc.. a South Carolina corporation, and that by the authority duly given and as the
act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed.
Witness my hand and official stamp or seal, this Itly of 20c,
, ;?694-0� �
M Commission Expire
• Date , Notary Public
'` NOITAFt1f
: >*
`o Pt�
1� ti
�'PT�N COt,

1211
0525
ExtMrr A GOOK 1211 PAGE 525
TO AMENDED AND RESTATED EFFLUENT EASEMENT AND IRRIGATION
AGREEMENT
BY AND BETWEEN
BLUEGREEN GOLF CLUBS, INC., THE PRESERVE AT JORDAN LAKE
COMMUNITY ASSOCATION, INC. AND HEATER UTILITIES, INC.
The WWTP Property is the real property containing and including the wastewater
treatment plant, the upset storage pond, the effluent storage pond and reuse effluent
pumping station as generally depicted on the page attached hereto.
Cx4 . A
Pay- 1 0-P Z

.1211'-
052i6
This map is not a certified survey and
has not been reviewed by a local
���X s ��E 526
26 government agency for compliance
1 with any applicable land development
_ _ __ regulations.
1.
it
I. Y�4t a0 q OV cmFF `�
THE PRESERVE TRAIL + [� V O q W o G u
2 °^• t
�[_0
LlW W Wye
i S(st F �� V• C U gFfQ � 6
-
!�
'YW
1
r 3Y�a 5 5'3i=y @ �6 a5'61zbp
i��� Ye a�9¢ :44r'�?Yx1`9i �u- } aEl'�1 � �� � �3Fr3p2e
iY• ; •Fi Y� se-' P� p dFi:' i' i 9"T
y� Feg 6pe[�ih`gely '[` sl @ Y5e a • $ 4,5 2f;�
f•� eb Y-.R ic_� I_t g:§ Ni in ? [6: rt[e ."�e�ple�Fee�
ii
FFY;_ ;Da=y
F �Y_ 4 g f siT iC °RjYz -a�-3 g1-g5s''s(�8ie4n
C EE
EE ii 66Fp
33 p[p �'
i9r
lh:i
6 y 0 ­ 1 Gi
INS

1211--
0527 BOOK 1211 PAGE 527
lvaIUBrr B
TO AMENDED AND RESTATED EFFLUENT EASEMENT AND IRRIGATION
AGREEMENT
BY AND BETWEEN
BLUEGREEN GOLF CLUBS, INC., THE PRESERVE AT JORDAN LAKE
COMMUNITY ASSOCATION, INC. AND HEATER UTILITIES, INC.
The Golf Course Property is the property more particularly described and depicted on the
plats entitled `Boundary Survey and Division for Jordan Lake Preserve Corporation and
Bluegreen Golf Clubs, Inc. of The Preserve at Jordan Lake Golf Club Tracts, prepared by
Absolute Lan Surveying and Mapping, P.C_, dated July 23, 2002 and recorded at Plat
Slide 2002-301 through 2002-315, Chatham County Registry..

121T.,
0528
This map is not a certified survey and
q has not been reviewed by a local
BM17,1528 1pAngovernment agency for compliance
with any applicable land development
regulations.
mW�
>ti oZ�4aC Az i :a
C4y gg tii
u m Ki � aq{Zy,Z4
4ui
I $
"'E Q W Boa
4
.t,t 'oqE Q
cb, 1
14
L�
••
9
x-
U Ju

T
J
0
� k
EN S r
J Tr
Z c0
m
L
U
N
� � Q
U o N
N_ N
T � �
J
m �
O �
0 F
p
o.
L
- / + 0I
m
is
•
n
ti •
_
rz
a
�g t'
cu
i
�
_ 1=
m
mFp
r m
N
S,
t
n.
+
+ ,�♦
.r_
* �+
Y t
7 Y
�
r
•l
�
V
66

O
16