WQ0018146_More Information (Received)_20200214

RECEIVED /{
Date:y piDWR
Non -a �
Discharge Branch
February 14, 2020
NCDEQ / 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
Ms. Monday,
Aqua North Carolina, Inc. ("Aqua") is providing the following the responses to your
request for additional information dated December 10, 2020 and to Aqua's email
dated January 21, 2020.
A. Application:
1. Storage Lagoon
Aqua Response: The Aqua property line abuts the pond and the golf
course owns the adjacent property. Paragraph 7.1 in the registered
Effluent Deed addresses the perpetual easement granted along the
pond's boundary.
B. Site Map:
Aqua Response: An updated site map has been attached for your
review.
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, Inc.
202 MacKenan Court, Cary, NC, 27511 • 919.467.8712 • AquaAmerica.com

1211
05116
AMENDED AND RESTATED
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
INSTRUMENT # 13414
EFFLUENT EASEMENT AND IRRIGATION AGREEMEN7
RETURN TO:
aa �.8 Maw- ,y .Ft . P.
This AMENDED AND RESTATED EFFLUENT EASEMENT AND IIUZATION
A EMENT (the "Effluent Easement' is made and entered into as of the L Or —day of
2005, by BLUEGREEN GOLF CLUBS, INC., a North Carolina
corporation �'Bluegreen'% PRESERVE AT JORDAN LAKE COMMUNITY ASSOCIATION,
INC., a No! :a 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

051'8 BOOK 1211 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 of the 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 -Ae 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 Utdi . stem " shall mean the W WTP, 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 lrription. Bluegreen shall be responsible for all aspects of the daily operation of
the Association Spray Irrigation Facilities by a certified spray irrigation operator.
3. Soraving 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 Overations. 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
"M , .11.1

11211
0520 BOOK 121 Z PAGE 520
located within the property described on Exhibit D attached hereto (the "Easement Pro
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 W WTP
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 ofingress, egress, regress and
access of Heater and Bluegreen 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 Toads, 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 Payments for Reuse Effluent or Operatiaq of the Association Spr.,J IM ration
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. Replacement of the Association Spray Irri ation�. 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 �)ualit . HEATER SHALL NOT BE RESPONSIBLETOR
ACHIEVING WATER QUALITY LEVELS IN THE REUSE EFFLUENT BEYOND THE
REQUIREMENTS OF THE SPRAY IRRIGATION PERMITS ISSUED BY DWQ.

1211
0522
transmission.
BOOK 1211 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 term, condition or provision.
11.9 Entire Agreement. 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 Wriiini. 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 jurisdiction 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 Superceded. The parties acknowledge and agree
that this Effluent Easement restates as well as amends, and thus it replaces and supercedes, 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 R %ired 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.

1211"
0524
BOOK 1211 PAGE 524
STATE OF !l6
COUNTY OF
I, the undersigned Notary Public for the County and State aforesaid, certify that
L • AIWASe,personally appeared before me this day and acknowledged that he is
the I WAn 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.37
��yy�
Witness my hand and official stamp or seal thisa&gday of , 20()r
My Commission Expires:
5-Ia-0
Date Notary Pu c 1t*xy ".� WENDY C KERR
-
1*: *} NOTARY PUBLIC
j State Of Texas
STATE OF NORTH CAROLINA 9jeoc,•�,+,/Comrn. Exo 05-15-2007
COUNTY OF L%0.'4 6 nti
I, the undersigned Notary Public for the County and State aforesaid, certify that
&44 L • &o,.-01 , 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.
h�
Witness my hand and official stamp or seal, this 2-Z day of 2004.
My C5-3LO Commission Expires:
Date Notlry Public -
STATE OF NORTH rAROLR,16
COUNTY OF \
1, 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 ��y of , 2604,;
My Commission Expire
V
• Date Notary Public
RAU L7111W.1

rwo rew
THE PRESERVE TRAIL
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,eo•r r+
BOUNDARY SURVEY A.VD DIVISION FOR:
JORDAN LAKE PRESERVE CORPORATION
AND
BLUEGREEN GOLF CLUBS. INC.
OF
THE PRESERVE AT JORDAN LAKE
GOLF CLUB TRACTS
DEED ROOK 842 PAGE 9I0
TRAM OR - GOLF ROLE E
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