WQ0000193_Application_20200821

46,
MCENu'NEERS
AWA KIM&CREED
SURVEYORS
P L A N N E R S
August 21, 2020
NC Department of Environmental Quality
Division of Water Resources
Water Quality Permitting Section
Non -Discharge Branch
plc+n-Dischar e,Re portsencdenr: ov
RE: Non -Discharge System Permit Renewal
Brunswick County, NC
Village of Bald Head Island
Application for Renewal without Modification for Non -Discharge Systems
To Whom It May Concern,
On behalf of Village of Bald Head Island, we are submitting this renewal package for your review and
approval. This application is for renewal without modification to the existing system for the operation
of a 300,000 gallon per day (GPD) reclaimed water generation, conjunctive reclaimed water utilization,
high -rate infiltration and non -conjunctive reclaimed water utilization facility consisting of the
continued operation of the:
✓ Reclaimed water generation system
✓ Conjunctive reclaimed water utilization system and utilization area
✓ Non -conjunctive reclaimed water utilization system and utilization area
✓ Reclaimed water distribution line
✓ Reclaimed water storage structures (Pond 6: Conservation Pond, Irrigation Pond: Pond 7, and
all associated piping, valves, controls, and appurtenances)
✓ Timber Creek lift station
✓ High -rate infiltration facilities (Pond 4 and Pond 5)
and associated appurtenances, to serve the Bald Head Island WWTP, with no discharge of waste to
surface waters. The requisite information is enclosed as follows:
• Permit Renewal Application
• "Attachment A" — Site Map Exhibits:
o EX 1 — Site Map — Disposal Area and Treatment Facility:
✓ Disposal Area 500 FT buffer
✓ Monitoring wells with coordinates
✓ Existing residences within Disposal Area 500 FT buffer
243 Nor ; , F o n 1 Sheet ✓ Property ID Numbers for property boundaries within the 500 FT buffer (ID
Numbers correlate with the ownership information provided in EX 2)
w .,, g f n N C 28401 ✓ Treatment Facility 500 FT buffer
✓ Existing residences or places of assembly within Treatment Facility 500 FT
buffer
✓ 910 343 1048 Existing fences and structures within Treatment Facility property boundary
cc Kenneth Bowling, Utilities Director, Village of Bald Head [stand
Fax [phone] cc: Clu k _tccall, Village titanager, Village of Bald Head Island
www. mck!mc rase!. Sam

v MCKIM&CREED
243 Noith Fiont Street
Wilmington, NC 28401
E N G I N E E R S
5 U R V E Y 0 R S
P L A N N E R S
✓ Soil Mapping Units for Disposal Area
o EX 2 — Location & ownership information of property boundaries within 500 FT of
Disposal Area
0 EX 3 — Setbacks, Compliance, and Review Boundaries for Disposal Area
0 EX 4 — Legend associated with EX 5
0 EX 5 — Site Map — Bald Head Island High -Rate Infiltration & Non -Conjunctive
Reclaimed Utilization System:
✓ Reclaimed water utilization areas
✓ Golf course irrigation piping
✓ Existing golf course pond
✓ Water supply wells
✓ Irrigation wells
0 EX 6 —100- Year Floodplain Map
• "Attachment B" — Copies of all easement documents
• "Attachment C" — Measured monthly average amount of wastewater flow contributed per
unit for the 12 months prior to permit renewal
• "Attachment D" — Copy of the flow reduction approval letter
Please let me know if you have any questions or need additional information.
Sincerely,
l
Katie liott, EI
9 10 3 4 3 1 0 4 8 cc Kenneth Bowling, Utilities Director, Village of Bald Head Island
Fa x 9 10 2 5 1, 8 2 8 2 cc, Chris McCall, Village Manager, Village of Bald Head [.sland
­w,mckimcieed corn

State of North Carolina
Department of Environmental Quality
DWR Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
Division of Water Resources FORM: NDSR 05-20
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 Website.
L PERMITTEE INFORMATION:
1. Permittee: Village of Bald Head Island
2. Signature authority's name: Chris McCall per 15A NCAC 02T .0106(b) Title: Village Manager
Primary Telephone number: [phone] Office Secondary number: [phone] Cell
Email Address: cmccall(dvillagebhi.org
3. Permittee's mailing address: PO Box 3009
City: Bald Head Island State: NC Zip: 28461-
4. Billing address (if different from above):
City: State: Zip: -
5. Contact person's name (if different from signature authority): Kennith Bowling Title: Utilities Director
Primary Telephone number: [phone] Office Secondary number: [phone] Cell
Email Address: kbowlingL&villagebhi.org
IL PERMIT INFORMATION:
1. Existing permit number: WQ0000193
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 .01101 ® 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. [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 Agreement (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)1
FORM: NDSR 05-20 Page 1 of 6

State of North Carolina
DWR
Division of Water Resources
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
FORM: NDSR 05-20
6. Does the facility treat and dispose of industrial wastewater? If yes, complete items below. If no, skip to the next section.
Provide a detailed industrial process description including:
• An overview of the manufacturing process
• An inventory of all materials used for manufacture, including chemicals and biological matter
• An overview of cleaning and treatment methodology, including an inventory of treatment materials and compounds
Indicate the approximate percentage of wastewater makeup:
Industrial: % Domestic: % Stormwater: %
Has the nature of wastes (e.g., change in industrial processes, introduction of new materials or chemicals, etc.) described in the
approved permit application(s) changed'? ❑ Yes or ❑ No
If yes, a permit modification request shall be submitted to the Division. [G.S. 141-215.1(d)]
III. SITE MAP:
1. Provide an updated site map in accordance with 15A NCAC 02T .0105(d) that shows the following:
The site map is not required to be signed or sealed by a Professional Engineer. However, the map must indicate the source of
information. For example, parcel lines taken from a county GIS map should reference the GIS website.
® 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)
® 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)
® For reclaimed water generation permits only, provide a separate map showing all distribution lines and utilization permit
locations that are connected to the water generation facility and are permitted by the Non -Discharge Branch (excludes
Local Program permitted facilities). Include all reclaimed water distribution line and reclaimed water utilization permit
numbers.
FORM: NDSR 05-20 Page 2 of 6

State of North Carolina
DWR
Division of Water Resources
IV. GROUNDWATER MONITORING WELLS
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
FORM: NDSR 05-20
1. Does the facility have a proposed or existing groundwater monitoring well network? ® Yes or ❑ No
If no, skip to next section.
If yes, complete the following table (NOTE — This table may be expanded for additional wells):
Well Name
Status
Latitude a
Longitude a
Gradient
Location
MW-1
Active
33.5142730
-77.5935050
Down Gradient
Inside Compliance Bonn
MW-3
Active
33.5145570
-77.5933390
Down Gradient
Inside Compliance Bonn
MW-5
Active
33.5140630
-77.5938070
Down Gradient
Inside Compliance Boun
MW-7
Active
33.8603500
-77.9945860
Up Gradient
Outside Compliance Bou
MW-8
Active
33.8622140
-77.9919000
Up Gradient
Inside Compliance Boun
Select
0-
0Select
Select
Select
0-
0Select
Select
Select
0-
0Select
Select
Select
0-
0Select
Select
Select
0-
0Select
Select
a. Coordinates must be in NAD83 and have 6 decimal degrees
V. 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
Type
Grantor or
Parcel No.
Grantee
Expiration
Date
County
Registered
Deed
Book
Deed Page
Document
Description a
Non -
Exclusive
Easements
between Bald
Head Island
Club and the
Village of
BALD
VILLAGE
Bald Head
HEAD
OF BALD
Easement
9/30/2011
Brunswick
2819
0206
Island dated
ISLAND
HEAD
July 10, 2008
CLUB
ISLAND
and recorded
July 18, 2008
in Book 2819,
Page 0206 of
the Brunswick
County
Registry
Amended
BALD
VILLAGE
Non -
HEAD
OF BALD
Exclusive
Easement
9/30/2011
Brunswick
3000
0912
ISLAND
HEAD
Easements
CLUB
ISLAND
between Bald
Head Island
FORM: NDSR 05-20 Page 3 of 6

State of North Carolina
DWR
Division of Water Resources
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
FORM: NDSR 05-20
Head Island
Club and the
Village of
Bald Head
Island dated
March 25,
2009 and
recorded
December 8,
2009 in Book
3000, Page
0912 of the
Brunswick
County
Registry
Second
Amended
Non -
Exclusive
Easements
between Bald
Head Island
Club and the
BALD
VILLAGE
Village of
Bald Head
Easement
HEAD
OF BALD
9/30/2011
Brunswick
3194
0084
Island dated
ISLAND
HEAD
September 16,
CLUB
ISLAND
2011 and
recorded
September 22,
2011 in Book
3194, Page
0084 of the
Brunswick
County
Registry
Effluent
Easement and
Irrigation and
Infiltration
Agreement
between Bald
Head Island
Club, Inc. and
BALD
VILLAGE
the Village of
Easement
HEAD
OF BALD
TBD
Brunswick
3719
0351
Bald Head
ISLAND
HEAD
Island
CLUB
ISLAND
recorded
December 16,
2015 in Book
3719, at Page
0351 of the
Brunswick
County
Register of
Deeds
FORM: NDSR 05-20 Page 4 of 6

State of North Carolina
DWR.11�
Division of Water Resources
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
FORM: NDSR 05-20
a. The document description shall list any reduced setbacks with distance, etc.
2. For reclaimed water utilization permits only:
Is reclaimed water utilized on property not controlled by the generator? ❑ Yes or ❑ No
A lease, easement, or agreement must be provided allowing for the utilization of reclaimed water on the property or within the
facility. For irrigation of reclaimed water, an easement is required per 15A NCAC 02U .0501(0. All documents shall be listed
in the table above.
VI. RELATED PERMITS
1. If this permit has interactions with other wastewater permits (collection systems, NPDES, etc.), complete the table below
(provide additional pages if necessary):
Permit Type
Permit No.
Description
DENR
WQ0000193
Dated August 8, 2017 - Reclaimed Water Generation,
Conjunctive Reclaimed Water Utilization, Non -conjunctive
Reclaimed Water Utilization, and High -rate Infiltration
Facilities
NDPU
WQ0019256
Dated May 4, 2001 - WW Collection Facility
2. Does the facility have an approved flow reduction 115A NCAC 02T .0114JO ? ® Yes or ❑ No
If yes, attach the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit
renewal. If any of these monthly averages are within 20% of the approved value, the Permittee shall provide a reevaluation of
the reduced flow value using the methodology applied to the original flow reduction application. Also, attach a copy of the
flow reduction approval letter.
APPLICANT'S CERTIFICATION 15A NCAC 02T .0106(b)
1, [HRis M em L.L. attest that this renewal application has been reviewed by me, and is accurate and complete to the best of my
knowledge. I 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 143-215.613, 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(b). Per 15A NCAQ 02T .010 c , an alternate person may be designated as the signing official if a delegation
letter is provided from a person who meets the criteria in 15A NCAC 02T ,Q106(b)
FORM, NDSR 05-20 Page 5 of 6

D..
W�R
Dlvlslon of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
FORM: NDSR 05-20
Signature; __ . Date: 19 U 20 2-0
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 Unload By Email:
https:'edocs.deu.nc.kov,`E-orms,'NanDischark,e-Branch_- Non-Discharge.Rcports(a.ncdenr.p-o�-
Submittal -Form
TELEPHONE NUMBER: [phone]
FORM: NDSR 05-20 Page 6 of 6

Attachment A

WTP RO �
T,� SEE EX2 FOR PROPERTY �� WTP�
OWNERSHIP INFORMATION ,� °� GROUND TANK
MONITOR
`L
WELL I{3
N033.514567
STORAGE
MONITOR WELL #1
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_may o a �, � �� _:►�, i�`�r--- ���
MONITOR WELL p8
N033.862214 ��� INSET
W077.991900
�\ " INFILTRATION POND #5
ELEVATION —5.0
a
MONITOR WELL INFILTRATION 0
N033.88035�i BOTTOM ELEVATION —5.0 FT
W077.994588
INSET THIS SHEET
e;
`� /� °`" � i. ''� �� BALD HEAD ISLAND TREATMENT FACWTY � �
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LEGEND
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,'o''e 1—�iz'
° COROLLA FINE SAND
6 x
DUCKSTON FINE SAND
f_zzz /_a. NEWHAN FINE SAND,
2 TO 30 PERCENT SLOPES
INFILTRATION POND —DISPOSAL AREA
EXISTING RESIDENCE OR
� PLACE OF ASSEMBLY
EXISTING MONITOR WELL
_ — _ 500 FT BUFFER
♦
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6 VILLAGE OF BALD HEAD
_� ISLAND
' o BRUNSWICK COUNTY
NAPS - NORTH CAROLINA
VILLAGE OF BALD HEAD ISLAND
NCDEQ NON —DISCHARGE SYSTEM
PERMIT RENEWAL
CASE
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SITE MAP — DISPOSAL AREA
AND TREATMENT FACILITY

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EXPLANATION
Reclaimed Water Utilization Areas
Existing Golf Course Ponds
Reclaimed, Non -Conjunctive
Reclaimed Water Storage
Reclaimed, Conjunctive
® Existing Permitted Pond & 5-Day Upset Storage
Potable
Other Pond
Spray Paterns
Private Wells
Sprayheads
Lots with private wells
Reclaimed Water
Private Wells 100-ft Buffer
0 Potable Water
Water Supply Wells
v Abandoned
0 To be Abandoned
Golf Course Irrigation_Piping
Active
Pipe Diameter, Inches
Water Supply Well 100-ft Buffer
14
Irrigation Wells
12
N To be Abandoned
10
Lot Lines
8
0 Commercial Structure
6
C Government Structure
4
■ Multi -Family Residence
3
■ Single Family Residence
2.5
Storm Drain Release
New Force Main to Irrigation Pond
Irrigation Force Main from Pond 10
Existing 8 inch Force Main
Open Pond Connection Pipe
® FM Valves
Topographic and Bathymetric Contours
BHI Non Conjunctive 500-Ft Buffer
BHI Conjunctive 100-Ft Buffer
�j Alk—& rc,
Eagle Resources, P.A.
P.O. Box 11189
Southport, NC 28461
919.345.1013
Village of
Bald Head
&
Bald Head
Club
Project No.
21012.1
Design data and recommendations included herein are provided as a matter of information and
should not be used for final design. Rely only on final, hardcopy materials bearing the
nsultant'soriginalsignatureandseal
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Site Map
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Approved: EGL
Explanation for Site Map
Permit W00000193, Bald Head Island High -Rate Infiltration &
Non -Conjunctive Reclaimed Utilization System Brunswick County
osiosns
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SCALE: AS SHO WN
MAP SOURCE: GIS
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Club
SITE MAP
permit WQ0000193, Bald Head Island High -Rate Infiltration &
Non -Con unctive Reclaimed Utilization System Brunswick Count
J Y Y
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b.�:�'�
SITE MAP
(Revised)
EX 5
Eagle B. 11189s, PA-
PO Box 11169
somnvon, IYczalsl

MAP SOURCE: FEMA
FLOOD HAZARD INFORMATION
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Aa ECTIVE DATE
3MAPNU 400L
EFFECTIVE OATS
August 26. 2016

Attachment B

II I I III III III II I I it II I II III 2III III IIII B2819 P0206 1 5Omm isoy
Brunswick County, NC Register of Deeds page 1 of 9
Presenter y1* Rot; -4 5
9 Total_ Rev _—_ Int..��
Ck$ _ _Ck,# Cash $CaQ-W
Refund 00 _ Cash __Finance
❑ Portions of document are !Ilea'.Lle duc Io condition
cf original.
❑ Ooci:ment contains seals ve9led by original
inst ;,a:�nt that cannot be reproduced or copied.
Preparer of this document has made no title
examination and makes no representations or
certifications as to any matters affecting title.
Prepared by: Rountree, Losee & Baldwin, L.L.P.
Return to: Village of Bald Head Island
Attention: Christopher McCall, Planning Director
Post Office Box 3009
Bald Head Island, North Carolina 28462
STATE OF NORTH CAROLINA
NON-EXCLUSIVE EASEMENTS
COUNTY OF BRUNSWICK
This NON-EXCLUSIVE EASEMENTS, made and entered into this the I O h day of
July, 2008, by and between BALD HEAD ISLAND CLUB, a North Carolina nonprofit
corporation, hereinafter referred to as "GRANTOR"; and the VILLAGE OF BALD HEAD
ISLAND, a North Carolina municipal corporation, hereinafter referred to as the "GRANTEE":
WITNESSETH:
WHEREAS, GRANTOR is the owner of certain real property located in Brunswick
County, North Carolina, Bald Head Island commonly known as the Bald Head Island Club and
Golf Course, including portions of that real property as described in that certain deed to
GRANTOR, recorded in Deed Book 717, Page 1049 of the Brunswick County Registry; and
t j,

IIIIIII III III I IIII III II II III IIIIII0 2111B2819 P@20? 5,000
ion
Brunswick County, NC Register of Deeds page 2 of 9
WHEREAS, the GRANTEE has purchased, pursuant to an Asset Purchase Agreement
with Bald Head Island Utilities, Inc., certain assets to be used by the GRANTEE to operate the
water treatment plant and the wastewater treatment plant serving the Village of Bald Head
Island; and
WHEREAS, the parties acknowledge that treated wastewater effluent from
GRANTEE'S wastewater treatment plant has been for a period of years discharged into certain
lagoons (commonly referred to as Lagoons 3, 4 and 5) owned, in whole or in part, by
GRANTOR; and the GRANTEE desires to continue to utilize Lagoons 4 and 5 and, if necessary,
Lagoon 3 to discharge wastewater effluent from its wastewater treatment plant and to install,
maintain and/or operate monitoring wells; and
WHEREAS, the GRANTOR has entered into an Agreement with the GRANTEE dated
July 10, 2008, (the "Agreement') pursuant to which the GRANTOR agreed to grant non-
exclusive easements over and along the real property described on Exhibit A attached hereto,
including the Lagoons (Lagoons 3, 4 and 5) within that real property (the "Easement Property")
upon certain terms and conditions; and
WHEREAS, the Grantee has received from the Division of Water Quality ("DWQ') of
the Department of Environment & Natural Resources ("DENR") of the State of North Carolina
("State) Permit No. WQ-0000193 ("Permit") to discharge treated wastewater effluent water into
the lagoons on the Easement Property; and
WHEREAS, it is understood that the purpose of the non-exclusive easements is to allow
the GRANTEE (1) to discharge wastewater effluent from its wastewater treatment plant into
Lagoons 3, 4 and 5 on the Easement Property, (2) to comply with its Permit requirements and all
applicable rules, regulations, etc., (3) to comply with its obligations and all terms and conditions
under the Agreement, (4) to install, maintain and operate monitoring wells, and (5) to install,
maintain and operate all wastewater effluent infrastructure and support structures within the
Easement Property. Hereinafter, the provisions of (1) — (5) of this paragraph shall be referred to
as "Utility Operations": and
WHEREAS, pursuant to 15A NCAC 02L.0107(f), discharge permits may be issued by
the DWQ subject to an easement running with land incorporating the following information and
conditions:
1. GRANTEE has been granted a wastewater discharge permit (Permit No. WQ-
0000193) to use the Lagoons located. on the Easement Property for Utility Operations by the
DWQ at 1636 Mail Service Center, Raleigh, North Carolina 27699-1636; phone number (919)
715-0295;and
I62050

IIIII II IIIIIiII III III ?0IIIIIIIIII IJIIII B2819 P0208 °5000
Robinson
Brunswick County, NC Register of Deeds page 3 of 9
2. The Easements prohibit the construction and operation of potable water supply
wells within the Easement Property; provided, however the Club specifically reserves the right to
install and/or operate irrigation wells within the Easement Property.
3. The Easements reserve the right for the GRANTEE and the State to enter the
Property for groundwater monitoring and remediation purposes.
WHEREAS, the GRANTOR desires to grant non-exclusive easements over and along
the Easement Property to the GRANTEE for Utility Operations, subject to the conditions set
forth herein, in the Agreement, and in the applicable requirements of Chapter 15A of the North
Carolina Administrative Code.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
EASEMENTS/ACCESS
1. The GRANTOR grants the GRANTEE non-exclusive easements over and along the
Easement Property for the performance of its Utility Operations conducted on the Easement
Property.
2. It is understood and agreed that the GRANTEE is prohibited from discharging,
directly or indirectly, Reverse Osmosis Concentrate from its water treatment plant into any
lagoons owned, in whole or in part, by the Club. This prohibition shall be construed to prohibit
the discharge of Reverse Osmosis Concentrate into lagoons even if it has been treated through
the GRANTEE'S wastewater treatment plant
3. GRANTEE shall not construct or operate potable water supply wells within the
Easement Property; provided, however, the Club reserves the right to install and/or operate
irrigation wells within the Easement Property.
4. The GRANTEE shall have access to the Easement Property for its Utility
Operations provided, however, it is understood and agreed that: (1) when possible, the
GRANTEE shall obtain access over Bald Head Association property; (2) when possible, such
access shall not interfere with GRANTOR'S normal operations, including playability of the golf
course; (3) in the event such access does interfere with GRANTOR's normal operations,
including playability of the golf course, the GRANTEE shall provide advance notice (promptly
upon learning of such interference) to the GRANTOR and shall minimi any such interference;
and (4) the GRANTEE shall promptly and fully repair any damage to the Easement Property
relating to the GRANTEE'S use of the Easement Property; and the State shall have access to the
Easement Property for inspection, groundwater monitoring and remediation purposes.
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Robinson
Brunswick County, NC Register of Deeds page 4 of 9
5. The GRANTOR reserves and shall have full access to the Easement Property
including all Lagoons within the Easement Property, (unless prohibited or limited by applicable
law) including but not limited to access for the purpose of mowing and golf course maintenance
activities.
6. The GRANTEE shall comply with all applicable permits, rules, regulations,
statutes, ordinances, standards and laws, including federal, state and local, relating to its use of
the Easement Property, all of which are incorporated herein by reference.
7. This Non -Exclusive Easements is subject to all of the terms and conditions of the
Agreement.
8. This Non -Exclusive Easements shall terminate on the current expiration date
(September 30, 2011) of DENR Permit No. WQ-0000193 or on the termination of the
Agreement, whichever occurs first.
TO HAVE AND TO HOLD the above -described Easement Property and rights unto
GRANTEE, it successors and assigns, to and including September 30, 2011 or until the
termination of the Agreement, whichever occurs first, it being agreed that the rights and
easements conveyed run with the land. GRANTOR makes no warrant as to title to the Easement
Property.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year
first above written.
GRANTOR:
BALD HEAD ISLAND CLUB, INC.
Name: E. I. Brawner
Title: President
4
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II I I II i III III III II III II II I II Iillll III 82819 P0210 insen-25. o00
Brunswick County, NC Register of Deeds page 5 of 9
STATE OF NORTH CAROLINA
• e vj
I,, lQZVV , a Notary Public for said County and State,
do hereby certify that E. I. Brawner personally came before me this day and acknowledged that
he is President of BALD BEAD ISLAND CLUB, INC. and acknowledged, on behalf of BALD
HEAD ISLAND CLUB, INC., the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this the 1-4 day of
2008. ho".....
XTAR);�
NOTARY PURNLIC U
My Commission expires: pUB100 �1 2'
K
16"M
BMC 616
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Iilllll 111 llill 111 111 11 11 illll ills 111 a?s�g ma 15:on-Z5°000
Brunswick County, NC Register of Deeds page 6 9
EXHIBIT A
TO NON-EXCLUSIVE EASEMENTS
TRACT I (LAGOON 3
That certain Tract of land being in Smithville Township, Brunswick County, North Carolina,
said Tract being a portion of the Tract described in Deed Book 717 Page 1049 of the Brunswick
County Register of Deeds and being more fully described as follows:
Commencing at an iron stake found on the northwestern most corner of Lot 959 as shown on a
plat titled `Bald Head Island Stage One" and recorded in Map Cabinet 12 Pages 1-9 of the
Brunswick County Register of Deeds, said stake being on the right of way of Edward Teach
Wynd, with said right of way, North 87°11'33" West a distance of 19.53 feet to a point; thence
leaving said right of way, South 03°41'27" West a distance of 35.04 feet to a point, said point
being the true Point of Beginning.
Thence from the Point of Beginning, the following courses and distances, South 03°41'27"
West, a distance of 12.30 feet; thence South 40119'20" East, a distance of 9.30 feet; thence South
40°19'20" East., a distance of 28.55 feet; thence South 40°19'20" East, a distance of 83.51 feet;
thence South 53°50'18" East, a distance of 148.07 feet; thence South 53°50'18" East, a distance
of 407.53 feet; thence South 14°41'13" East, a distance of 156.99 feet to a point; thence South
38°15'49" West, a distance of 44.25 feet; thence South 16°46'16" West, a distance of 2.70 feet;
thence South 01 °24'08" West, a distance of 41.00 feet; thence South 22'01'57" West, a distance
of 62.29 feet; thence South 43°12'37" West, a distance of 49.79 feet; thence South 71°24'09"
West, a distance of 24.54 feet; thence South 8313933" West, a distance of 30.26 feet; thence
North 47°5229" West, a distance of 39.82 feet; thence North 04°2829" West, a distance of
36.92 feet; thence North 20004'56" East, a distance of 18.11 feet; thence North 10°21'28" East,
a distance of 33.83 feet; thence North 03126'O1" West, a distance of 19.24 feet; thence North
24°35'23" East, a distance of 30.63 feet; thence North 51°51'27' East, a distance of 25.13 feet;
thence North 49038'33" East, a distance of 38.09 feet; thence North 3003849" East, a distance of
44.92 feet; thence North 14055'58" East, a distance of 19.26 feet; thence North 08014'26" East,
a distance of 3.13 feet; thence North 24°34'44" West, a distance of 8.75 feet; thence North
24°00'03" West, a distance of 37.86 feet; thence North 5104733" West, a distance of 18.78 feet;
thence North 57°19'17" West, a distance of 58.68 feet; thence North 6103631" West, a distance
of 13.79 feet; thence North 65°00'37" West, a distance of 59.88 feet; thence North 54049'24"
West, a distance of 64.60 feet; thence North 75°55'18" West, a distance of 9.76 feet; thence
South 77°3828" West, a distance of 7.14 feet; thence South 58°18'14" West, a distance of 14.72
feet; thence South 64°59'08" West, a distance of 27.71 feet; thence South 80°30'08" West, a
distance of 32.11 feet; thence North 61044130" West, a distance of 43.34 feet; thence North
07°29'49" West, a distance of 36.85 feet; thence North 36°48'32" East, a distance of 29.75 feet;
thence North 51'5711" East, a distance of 38.38 feet; thence North 48°06'05" West, a distance
16MA

IIIII I I III IIII IIII II I II II II II IIIII III B2819 P0212 Robinson
Brunswick County, NC Register of Deeds page 7 of 9
of 7.04 feet; thence North 68°15'02" West, a distance of 69.95 feet; thence North 79°06'25"
West, a distance of 13.63 feet; thence South 51°07'52" West, a distance of 29.94 feet; thence
South 69°13'22" West, a distance of 29.70 feet; thence North 60°32'21" West, a distance of
45.76 feet; thence North 34°07'56" West, a distance of 27.06 feet; thence North 48°12'37"
West, a distance of 3.57 feet; thence North 83°02'20" West, a distance of 1.81 feet, thence
South 83°2753" West, a distance of 26.86 feet; thence South 68°49'55" West, a distance of
28.93 feet; thence South 86°08'00" West, a distance of 28.70 feet; thence North 66144'52"
West, a distance of 20.39 feet; thence North 39°02'36" West, a distance of 38.89 feet; thence
North 65°05'03" West, a distance of 22.13 feet; thence North 26°19'44" West, a distance of
40.90 feet; thence North 42°4946" West, a distance of 28.64 feet; thence North 22128'00"
West, a distance of 45.92 feet; thence North 28°48'28" East, a distance of 50.57 feet; thence
South 76°50'44" East, a distance of 38.64 feet; thence South 55°59'32" East, a distance of 36.82
feet; thence South 56059'33" East, a distance of 21.59 feet; thence South 25°38'21" East, a
distance of 55.90 feet; thence South 05°50'21" East, a distance of 15.99 feet; thence South
61°43'14" East, a distance of 6.68 feet; thence South 47°5722" East, a distance of 4.60 feet;
thence North 79°42'05" East, a distance of 14.48 feet; thence North 68°19'25" East, a distance of
30.02 feet; thence North 45013'11" East, a distance of 4.89 feet; thence North 20040'17" West, a
distance of 7.61 feet; thence North 30°46'01" West, a distance of 81.01 feet; thence North
0800701 " West, a distance of 22.74 feet; thence North 11 °09'49" East, a distance of 34.91 feet;
thence North 79°06'46" East, a distance of 33.11 feet to the Point of Beginning, containing 2.55
acres, more or less as shown on a plat prepared by McKim & Creed, PA title "Plat of Bald Head
Easements" and dated June 2, 2008.
CT 2 (LAGOON 4
That certain Tract of land being in Smithville Township, Brunswick County, North Carolina,
said Tract being a portion of the Tract described in Deed Book 717 Page 1049 of the Brunswick
County Register of Deeds and being more fully described as follows:
Commencing at an iron stake found on the southwestern most corner of Lot 958 as shown on a
plat titled Bald Head Island Stage One and recorded in Map Cabinet 12 Pages 1-9 of the
Brunswick County Register of Deeds, said stake being on the right of way of Edward Teach
Wynd, North 85°4647" West a distance of 50.00 feet to a point; thence continuing with said
right of way, North 84°36'08" West a distance of 44.55 feet to a point; thence leaving said right
of way, North 1405131" East a distance of 31.32 feet to a point, said point being the true Point
of Beginning.
Thence from the Point of Beginning, the following courses and distances, South 84°17'52"
West, a distance of 9.97 feet; thence North 49025'03" West, a distance of 33.79 feet; thence
North 05019'50" East, a distance of 46.71 feet; thence North 32045'18" East, a distance of 57.64
feet; thence North 7102932" East, a distance of 106.65 feet; thence North 85039'52" East, a
1590W
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IIIIiII III III IIIII III II II Iillilll I III B?ai9 p�zi3 i'Sso37:15°000
Brunswick County, NC Register of Deeds page a of B
distance of 28.88 feet; thence North 71112'46" East, a distance of 63.83 feet; thence North
699740" East, a distance of 54.59 feet; thence North 65102'26" East, a distance of 43.03 feet;
thence North 63°58'09" East, a distance of 47.19 feet; thence North 68°03'05" East, a distance of
46.53 feet; thence North 60019122" East, a distance of 29.08 feet; thence North 64905" East,
a distance of 19.19 feet; thence North 71 ° 12'08" East, a distance of 17.69 feet; thence North
84°10'47" East, a distance of 16.75 feet; thence North 680OT12" East, a distance of 15.22 feet;
thence North 55117'00" East, a distance of 14.41 feet; thence North 58°3844" East, a distance of
19.02 feet; thence North 89°08'52" East, a distance of 31.28 feet; thence South 33°03'32" East,
a distance of 34.20 feet to a point; thence South 54'49'17" West, a distance of 79.75 feet; thence
South 69°13'49" West, a distance of 485.84 feet; thence South 14°51'31" West, a distance of
57.24 feet to the Point of Beginning, containing 0.77 Acres, more or less as shown on a plat
prepared by McKim & Creed, PA title "Plat of Bald Head Easements" and dated June 2, 2008.
TRACT 3 (LAGOON 5)
That certain Tract of land being in Smithville Township, Brunswick County, North Carolina,
said Tract being a portion of the Tract described in Deed Book 717 Page 1049 of the Brunswick
County Register of Deeds and being more fully described as follows:
Commencing at an iron stake found on the southwestern most corner of Lot 958 as shown on a
plat titled "Bald Head Island Stage One" and recorded in Map Cabinet 12 Pages 1-9 of the
Brunswick County Register of Deeds, said stake being on the right of way of Edward Teach
Wynd, North 85°4647" West a distance of 50.00 feet to a point; thence continuing with said
right of way, North 84°36'08" West a distance of 44.55 feet to a point; thence leaving said right
of way, North 14°51'31" East a distance of 88.56 feet to a point; thence North 699T49" East a
distance of 485.84 feet to a point; North 54°49'17" East a distance of 106.33 feet to a point;
thence North 26°21'06" East a distance of 36.34 feet to a point, said point being the true Point of
Beginning.
Thence from the Point of Beginning, the following courses and distances, North 65°14'43"
West, a distance of 17.38 feet; thence North 41123'07" West, a distance of 26.06 feet; thence
North 08014140/1 West, a distance of 34.84 feet; thence North 24°19'54" East, a distance of 24.62
feet; thence North 31°34'49" East, a distance of 20.08 feet; thence North 44°54'32" East, a
distance of 62.86 feet; thence North 39008'06" West, a distance of 15.81 feet; thence North
30°59'34" West, a distance of 82.35 feet thence North 39°5721" West, a distance of 18.78 feet;
thence North 18°2823" West, a distance of 30.00 feet; thence North 0913256" West, a distance
of 27.13 feet; thence North 27001'12" East, a distance of 27.68 feet; thence North 40'IT07"
East, a distance of 27.46 feet; thence North 55°41'29" East, a distance of 20.23 feet; thence
North 68013'55" East, a distance of 15.34 feet; thence South 81009'38" East, a distance of 23.48
feet thence South 58°13'23" East, a distance of 27.51 feet; thence South 45°3658" East, a
distance of 62.36 feet; thence South 22°42`23" East, a distance of 23.05 feet; thence South
04°09'30" East, a distance of 26.30 feet; thence South 19°38'24" West, a distance of 24.52 feet,
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IIIIIIIIIIIIIIIIIIIII II IIIIIII IIII III B2819 P0214 i15e7-?5 ©00
Brunswick County, NC Register of Deeds page 9 of 9
thence South 03137'05" West, a distance of 7.40 feet; thence South 17159'53" East, a distance of
2.87 feet; thence South 27°27'21" East, a distance of 4.54 feet to a point; thence South 26°21'06"
West, a distance of 238.95 feet to the Point of Beginning, containing 0.74 acres, more or less as
shown on a plat prepared by McKim & Creed, PA title "Plat of Bald Head Easements" and dated
June 2, 2008.
153OW
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Ililllillllllllllllillillllllllllllll a3��� p�siz o.0-seo000
Brunswick County, NC Register of Deeds page 1 of 10
Presenter.Ohr;,5 Meca1ket:__T5
IU Total
Ck$� CKK Cash$
Refund: �- - —— Finance
❑ Po[tlons of c�.u, r �� �t:.,,; �� �g � a �;��: ;u condition
ofodginal.
❑DQCainentcc�rr:;i.ata-.�. ;'t,o,lyinal
instrome�t ac �jorcopied.
Preparer of this document has made no title
examination and makes no representations or
certifications as to any matters affecting title.
Prepared by: Rountree, Losee & Baldwin, L.L.P.
Return to: Village of Bald Head Island
Attention: Christopher McCall, Planning Director
Post Office Box 3009
Bald Head Island, North Carolina 28462
STATE OF NORTH CAROLINA
AMENDED MENDED NON-EXCLUSIVE EASEMENTS
COUNTY OF BRUNSWICK
This AMENDED NON-EXCLUSIVE EASEMENTS, made and entered into this the
ZfA day of March, 2009, by and between BALD HEAD ISLAND CLUB, a North Carolina
nonprofit corporation, hereinafter referred to as "GRANTOR"; and the VILLAGE OF BALD
HEAD ISLAND, a North Carolina municipal corporation, hereinafter referred to as the
"GRANTEE":
WITNESSETH•
WHEREAS, GRANTOR is the owner of certain real property located in Brunswick
County, North Carolina, Bald Head Island commonly known as the Bald Head Island Club and
Golf Course, including portions of that real property as described in that certain deed to
GRANTOR, recorded in Deed Book 717, Page 1049 of the Brunswick County Registry;
18675,4
EXHIBIT B BRIC
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IIIII IIiIIIIII IIII II IIIIII IIIII III III Brend M. Clem ors 58°m00
Brunswick County, NC Register of Deeds page 2 of 10
WHEREAS, the GRANTEE has purchased, pursuant to an Asset Purchase Agreement
with Bald Head Island Utilities, Inc., certain assets to be used by the GRANTEE to operate the
water treatment plant and the wastewater treatment plant serving the Village of Bald Head
Island;
WHEREAS, the parties acknowledge that treated wastewater effluent from
GRANTEE'S wastewater treatment plant has been for a period of years discharged into certain
lagoons (commonly referred to as Lagoons 3, 4 and 5) owned, in whole or in part, by
GRANTOR; and the GRANTEE desires to continue to utilize Lagoons 4 and 5 and, if necessary,
Lagoon 3 to discharge wastewater effluent from its wastewater treatment plant and to install,
maintain and/or operate monitoring wells;
WHEREAS, the GRANTOR entered into an Agreement with the GRANTEE dated July
10, 2008 (the "Agreement") pursuant to which the GRANTOR agreed to grant non-exclusive
easements over certain real property for the permitted discharge of wastewater effluent by the
GRANTEE from its wastewater treatment plant into Lagoons 3, 4, and 5;
WHEREAS, the Grantee has received from the Division of Water Quality ("DWQ") of
the Department of Environment & Natural Resources ("DENR") of the State of North Carolina
("State") Permit No. WQ-0000193 ("Permit") to discharge treated wastewater effluent water into
the lagoons on the Easement Property;
WHEREAS, it is understood that the purpose of the non-exclusive easements is to allow
the GRANTEE (1) to discharge wastewater effluent from its wastewater treatment plant into
Lagoons 3, 4 and 5 on the Easement Property, (2) to comply with its Permit requirements and all
applicable rules, regulations, etc., (3) to comply with its obligations and all terms and conditions
under the Agreement, (4) to install, maintain and operate monitoring wells, and (5) to install,
maintain and operate all wastewater effluent infrastructure and support structures within the
Easement Property. Hereinafter, the provisions of (1) — (5) of this paragraph shall be referred to
as "Utility Operations";
WHEREAS, pursuant to 15A NCAC 02L.0107(f), discharge permits may be issued by
the DWQ subject to an easement running with land incorporating the following information and
conditions:
I. GRANTEE has been granted a wastewater discharge permit (Permit No. WQ-
0000193) to use the Lagoons located on the Easement Property for Utility Operations by the
DWQ at 1636 Mail Service Center, Raleigh, North Carolina 27699-1636; phone number (919)
715-0295;
2. The Easements prohibit the construction and operation of potable water supply
wells within the Easement Property; provided, however the Club specifically reserves the right to
install and/or operate irrigation wells within the Easement Property.
18675v4 _
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IIIIIIIIIIIIIII IIIII11111111111 IIIIII 13000 P@sl4m o3s-58
Brunswick County, NC Register of Deeds page 3 of 10
3. The Easements reserve the right for the GRANTEE and the State to enter the
Property for groundwater monitoring and remediation purposes.
WHEREAS, pursuant to the Agreement, GRANTOR executed a Non -Exclusive
Easements dated July 10, 2008 and recorded in Book 2819, Page 206 of the Brunswick County,
North Carolina Registry providing non-exclusive easements over certain real property for the
permitted discharge of wastewater effluent by GRANTEE from its wastewater treatment plant
into Lagoons 3, 4 and 5;
WHEREAS, pursuant to another agreement between the GRANTOR and the GRANTEE
dated December 8, 2008, Lagoons 4 and 5 were reconfigured or modified to meet certain
regulatory requirements relating to their use for the discharge and infiltration of wastewater
effluent;
WHEREAS, the reconfiguration or modification of Lagoons 4 and 5 has been
completed;
WHEREAS, as a result of the reconfiguration or modification of Lagoons 4 and 5, Tract
2 and Tract 3 of the Non -Exclusive Easements need to be revised to reflect the reconfiguration or
modification of Lagoons 4 and 5;
WHEREAS, the GRANTOR has agreed to grant non-exclusive easements over and
along the real property described on Exhibit A attached hereto (the "Easement Property"),
including all or a part of reconfigured or modified Lagoons 4 and 5 and Lagoon 3 within that real
property, upon certain terms and conditions; and
WHEREAS, GRANTOR and GRANTEE wish to replace the Non -Exclusive Easements
with this Amended Non -Exclusive Easement in order to delete Tract 2 and Tract 3 in the Non -
Exclusive Easements and to add a new Tract 2 and a new Tract 3.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
EASEMENTS/ACCESS
1. The Non -Exclusive Easements dated July 10, 2008 recorded in Book 2819, Page
296 of the Brunswick County, North Carolina Registry is rescinded and replaced by this
Amended Non -Exclusive Easements.
18675,4
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II I III I I IIII I I II I I II III I II II II IIII III s��� P�915 m o�5-58 °°°
Brunswick County, NC Register of Deeds page 4 of 10
2. The GRANTOR grants the GRANTEE non-exclusive easements over and along the
Easement Property for the performance of its Utility Operations conducted on the Easement
Property.
3. It is understood and agreed that the GRANTEE is prohibited from discharging,
directly or indirectly, Reverse Osmosis Concentrate from its water treatment plant into any
lagoons owned, in whole or in part, by the Club. This prohibition shall be construed to prohibit
the discharge of Reverse Osmosis Concentrate into lagoons even if it has been treated through
the GRANTEE'S wastewater treatment plant.
4. GRANTEE shall not construct or operate potable water supply wells within the
Easement Property; provided, however, the Club reserves the right to install and/or operate
irrigation wells within the Easement Property.
5. The GRANTEE shall have access to the Easement Property for its Utility
Operations provided, however, it is understood and agreed that: (1) when possible, the
GRANTEE shall obtain access over Bald Head Association property; (2) when possible, such
access shall not interfere with GRANTOR'S normal operations, including playability of the golf
course; (3) in the event such access does interfere with GRANTOR's normal operations,
including playability of the golf course, the GRANTEE shall provide advance notice (promptly
upon learning of such interference) to the GRANTOR and shall minimize any such interference;
and (4) the GRANTEE shall promptly and fully repair any damage to the Easement Property
relating to the GRANTEE'S use of the Easement Property; and the State shall have access to the
Easement Property for inspection, groundwater monitoring and remediation purposes.
6. The GRANTOR reserves and shall have full access to the Easement Property
including all Lagoons within the Easement Property, (unless prohibited or limited by applicable
law) including but not limited to access for the purpose of mowing and golf course maintenance
activities.
7. The GRANTEE shall comply with all applicable permits, rules, regulations,
statutes, ordinances, standards and laws, including federal, state and local, relating to its use of
the Easement Property, all of which are incorporated herein by reference.
& This Non -Exclusive Easements is subject to all of the terns and conditions of the
Agreement.
9. This Non -Exclusive Easements shall terminate on the current expiration date
(September 30, 2011) of DENR Permit No. WQ-0000193 or on the termination of the
Agreement, whichever occurs first.
TO HAVE AND TO HOLD the above -described Easement Property and rights unto
GRANTEE, it successors and assigns, to and including September 30, 2011 or until the
186/5W
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IlillllllllllIIIIIIIIIIIIIIIIIIIIIIII 8rend Psis so�5-5a000m
Brunswick County, NC Register of Deeds page 5 of 10
termination of the Agreement, whichever occurs first, it being agreed that the rights and
easements conveyed run with the land. GRANTOR makes no warrant as to title to the Easement
Property.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year
first above written.
GRANTOR:
BALD HEAD ISLAND CLUB, INC.
BY: �" '" (SEAL)
GENE RAMM, President
GRANTEE:
THE VILLAGE OF BALD HEAD ISLAND
BY: L NCE L. LAMMERT, Mayor
ATTEST;
W�r' �' &J4
D BRA C. TALBERT, Village Clerk
(Seal of the Village of Bald Head Island)
18b75vq
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IIIIIIillilll IIIII II Ililll IIIIII it ill 130�� pss�? mo�g-58
Brunswick County, MC Register of Deeds page 6 of 10
COUNTY OF BRUNSWICK
I, i/, a Notary Public for said County and State,
do hereby certify that GENE RAMM personally came before me this day and acknowledged that
he is President of BALD HEAD ISLAND CLUB, INC. and acknowledged, on behalf of BALD
HEAD ISLAND CLUB, INC., the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this the _ day of March, 2009.
V0',N VERONICA D POWELL 1 t 1
:(g MY COMMISSION M DD148736
�, EXPIRES. M.y4,2010 NOTA
{407j 366-0183 RIM a No:a•y SM iQ&OM f
Printed Name
My commission expires: thLAJ L( 2-611 ,
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
This the day of March, 2009, personally came before me, a Notary Public in and
for the said County and State, Debra C. Talbert, who, being by me duly sworn, says that she is
the Village Clerk of the Village of Bald Head Island, North Carolina, a municipal corporation
organized and existing under the Constitution and laws of the State of North Carolina and acting
through its Village Council, and by authority duly given and as the act of said Village, the
foregoing instrument was signed in its name by Lawrence L. Lammert, as Mayor of said Village,
sealed with its seal, and attested by herself as the Village Clerk.
WITNESS �t'JAim# and notarial seal, this the, V day of March, 2009.
`` N\ M • R�c'f''�.
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My commission expires:
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I II I I II III I II IIIII I I m 35II III1IIIII IIII aa0Bs am0
Brunswick County, NC Register of Deeds page7oosf 10
EXHIBIT A
TO
AMENDED NON-EXCLUSIVE EASEMENTS
TRACT 1 (LAGOON 3
That certain Tract of land being in Smithville Township, Brunswick County, North Carolina,
said Tract being a portion of the Tract described in Deed Book 717 Page 1049 of the Brunswick
County Register of Deeds and being more fully described as follows:
Commencing at an iron stake found on the northwestern most corner of Lot 959 as shown on a
plat titled `Bald Head Island Stage One" and recorded in Map Cabinet 12 Pages 1-9 of the
Brunswick County Register of Deeds, said stake being on the right of way of Edward Teach
Wynd, with said right of way, North 8711'33" West a distance of 19.53 feet to a point; thence
leaving said right of way, South 03°41'27" West a distance of 35.04 feet to a point, said point
being the true Point of Beginning.
Thence from the Point of Beginning, the following courses and distances, South 03°41'27"
West,.a distance of 12.30 feet; thence South 40'19'20" East, a distance of 9.30 feet; thence South
40°19'20" East, a distance of 28.55 feet; thence South 40°19'20" East, a distance of 83.51 feet;
thence South 53'50'18" East, a distance of 148.07 feet; thence South 53150'18" East, a distance
of 407.53 feet; thence South 14°41'13" East, a distance of 156.99 feet to a point; thence South
38'15'49" West, a distance of 44.25 feet; thence South 16046116" West, a distance of 2.70 feet;
thence South 01°24'08" West, a distance of 41.00 feet; thence South 22001'57" West, a distance
of 62.29 feet; thence South 43°12'37" West, a distance of 49.79 feet; thence South 71°24'09"
West, a distance of 24.54 feet; thence South 83039'33" West, a distance of 30.26 feet; thence
North 47052129" West, a distance of 39.82 feet; thence North 04028'29" West, a distance of
36.92 feet; thence North 20°04'56" East, a distance of 18.11 feet; thence North 10021'28" East,
a distance of 33.83 feet; thence North 03°26'01" West, a distance of 19.24 feet; thence North
24°35'23" East, a distance of 30.63 feet; thence North 51051'27" East, a distance of 25.13 feet;
thence North 49038'33" East, a distance of 38.09 feet; thence North 30038'49" East, a distance of
44.92 feet; thence North 14055'58" East, a distance of 19.26 feet; thence North 08°14'26" East,
a distance of 3.13 feet; thence North 24°34'44" West, a distance of 8.75 feet; thence North
24°00'03" West, a distance of 37.86 feet; thence North 51047'33" West, a distance of 18.78 feet;
thence North 57°19'17" West, a distance of 58.68 feet; thence North 61036'31" West, a distance
of 13.79 feet; thence North 65000137" West, a distance of 59.88 feet; thence North 54°49'24"
West, a distance of 64.60 feet; thence North 75°55'18" West, a distance of 9.76 feet; thence
South 77038128" West, a distance of 7.14 feet; thence South 58018114" West, a distance of 14.72
feet; thence South 64059'08" West, a distance of 27.71 feet; thence South 80°30'08" West, a
distance of 32.11 feet; thence North 61044'30" West, a distance of 43.34 feet; thence North
07°29'49" West, a distance of 36.85 feet; thence North 36048132" East, a distance of 29.75 feet;
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8runsw3okCounty, NC Register of Deeds page a of 10
thence North 51°57'11" East, a distance of 38.38 feet; thence North 48°06'05" West, a distance
of 7.04 feet; thence North 68°15'02" West, a distance of 69.95 feet; thence North 79°06'25"
West, a distance of 13.63 feet; thence South 51°07'52" West, a distance of 29.94 feet; thence
South 69013122/1 West, a distance of 29.70 feet; thence North 60°32'21" West, a distance of
45.76 feet; thence North 34°07'56" West, a distance of 27.06 feet; thence North 48°12'37"
West, a distance of 3.57 feet; thence North 83°02'20" West, a distance of 1.81 feet; thence
South 83027153/1 West, a distance of 26.86 feet; thence South 68°49'55" West, a distance of
28.93 feet; thence South 86008100/1 West, a distance of 28.70 feet; thence North 66°44'52"
West, a distance of 20.39 feet; thence North 39°02'36" West, a distance of 38.89 feet; thence
North 65°05'03" West, a distance of 22.13 feet; thence North 26°19'44" West, a distance of
40.90 feet; thence North 42°49'46" West, a distance of 28.64 feet; thence North 22°28'00"
West, a distance of 45.92 feet; thence North 28°48'28" East, a distance of 50.57 feet; thence
South 76050144/1 East, a distance of 38.64 feet; thence South 55°59'32" East, a distance of 36.82
feet; thence South 56"59'33" East, a distance of 21.59 feet; thence South 25°38'21" East, a
distance of 55.90 feet; thence South 05050'21" East, a distance of 15.99 feet; thence South
61°43'14" East, a distance of 6.68 feet; thence South 475722" East, a distance of 4.60 feet;
thence North 79°42'05" East, a distance of 14.48 feet; thence North 68019'25" East, a distance of
30.02 feet; thence North 45°13'11" East, a distance of 4.89 feet; thence North 20°40'17" West, a
distance of 7.61 feet; thence North 30°46'01" West, a distance of 81.01 feet; thence North
08007'01" West, a distance of 22.74 feet; thence North 11009149/1 East, a distance of 34.91 feet;
thence North 79°06'46" East, a distance of 33.11 feet to the Point of Beginning, containing 2.55
acres, more or less as shown on a plat prepared by McKim & Creed, titled "Plat of Bald Head
Easements" and dated June 2, 2008.
TRACT 2 (LAGOON 4)
That certain Tract of land being in Smithville Township, Brunswick County, North Carolina,
said Tract being a portion of the Tract described in Deed Book 717 Page 1049 of the Brunswick
County Register of Deeds and being more fully described as follows:
Commencing at an iron stake found on the southwestern most corner of Lot 958 as shown on a
plat titled Bald Head Island Stage One and recorded in Map Cabinet 12 Pages 1-9 of the
Brunswick County Register of Deeds, said stake being on the right of way of Edward Teach
Wynd, thence with said right of way North 85°46'47" West a distance of 50.00 feet to a point;
thence continuing with said right of way, North 84°36'08" West a distance of 44.55 feet to a
point; thence leaving said right of way, North 14051131" East a distance of 88.56 feet to a point;
thence North 69' 13'49" East a distance of 15.97 feet to a point, said point being the true Point of
Beginning.
Thence from the Point of Beginning, North 70101'24" West, a distance of 11.56 feet; thence
North 27°42'53" West, a distance of 29.90 feet; thence North 17034'28" East, a distance of 23.74
feet; thence North 16"58'19" East, a distance of 30.19 feet; thence North 30°53'36" East, a
distance of 27.42 feet; thence North 46040'41" East, a distance of 23.03 feet; thence North
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IIIIIIIIIIIIIIIIIIIIIIIIil1111Jill 111 jgq !0920 mops:W000
Brunswick County, NC Register of Deeds page g of N
45°10'09" East, a distance of 25.73 feet; thence North 76036'18" East, a distance of 28.71 feet;
thence South 79°40'23" East, a distance of 19.82 feet; thence North 86005'43" East, a distance of
8.32 feet; thence North 60°33'51" East, a distance of 25.52 feet; thence North 81018'15" East, a
distance of 33.98 feet; thence South 72°09'10" East, a distance of 29.71 feet; thence South
56034104" East, a distance of 26.58 feet; thence South 45°19'49" East, a distance of 22.33 feet;
thence South 32°01'33" East, a distance of 24.06 feet; thence South 13°00'35" West, a distance
of 14.98 feet; thence South 69013149" West, a distance of 243.38 feet to the Point of Beginning,
containing 0.55 acres, more or less as shown on a plat prepared by McKim & Creed, titled "Plat
of Bald Head Easements" and dated February 26, 2009.
TRACT 3 (LAGOON 5)
That certain Tract of land being in Smithville Township, Brunswick County, North Carolina,
said Tract being a portion of the Tract described in Deed Book 717 Page 1049 of the Brunswick
County Register of Deeds and being more fully described as follows:
Commencing at an iron stake found on the southwestern most corner of Lot 958 as shown on a
plat titled "Bald Head Island Stage One" and recorded in Map Cabinet 12 Pages 1-9 of the
Brunswick County Register of Deeds, said stake being on the right of way of Edward Teach
Wynd, thence with said right of way North 85°46'47" West a distance of 50.00 feet to a point;
thence continuing with said right of way, North 84°36'08" West a distance of 44.55 feet to a
point; thence leaving said right of way, North 14°5111 " East a distance of 88.56 feet to a point;
thence North 69°13'49" East a distance of 485.84 feet to a point; North 54049'17" East a distance
of 90.60 feet to a point, said point being the true Point of Beginning.
Thence from the Point of Beginning, North 80°48'55" West, a distance of 40.19 feet; thence
North 41018124" West, a distance of 49.91 feet; thence North 02°07'30" West, a distance of
48.28 feet; thence North 28048158" East, a distance of 46.61 feet; thence North 35045'04" East,
a distance of 29.43 feet; thence North 28127'41" East, a distance of 25.65 feet; thence North
18023'17" East, a distance of 17.87 feet; thence North 18028137" West, a distance of 16.45 feet;
thence North 36°54'27" West, a distance of 26.21 feet; thence North 29008151" West, a distance
of 29.50 feet; thence North 00004107" West, a distance of 29.81 feet; thence North 31°54'43"
East, a distance of 30.54 feet; thence North 25053'37" East, a distance of 17.80 feet; thence
North 00°04'44" West, a distance of 25.36 feet; thence North 12032'52" East, a distance of 32.10
feet; thence North 29014'20" East, a distance of 35.47 feet; thence North 7104336" East, a
distance of 36.50 feet; thence North 68012'14" East, a distance of 23.80 feet; thence North
50016'41" East, a distance of 16.79 feet; thence North 25030'09" East, a distance of 12.14 feet;
thence North 15050'40" West, a distance of 20.20 feet; thence North 21110'19" West, a distance
of 28.76 feet; thence North 06°52'58" West, a distance of 34.85 feet; thence North 19026'15"
East, a distance of 38.94 feet; thence North 52003'13" East, a distance of 40.08 feet; thence
North 77026'00" East, a distance of 39.07 feet; thence South 43000107" East, a distance of 42.66
feet; thence South 19118'21" East, a distance of 34.52 feet; thence South 35055'38" East, a
distance of 6.19 feet; thence South 78025'21" East, a distance of 29.18 feet; thence South
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IIIIII ill11l111llill11 Ii11l11ll11l111 Brenda M. Cl 11 mmons 56.000
Brunswick County, NC Register of Deeds page 1 of 9
1 Cl P&L
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Ck$ _Ck a Cash
Refood: r +ar, f. FirranCe
OPortionsotaa;umsmes+eymitiurocondi60t1 _
otodginal.
❑DDpIn R100nt8in8*ai=v4 a byoriginal
inSMotthatcmtbe �pma4cedorcOpied.
Preparer of this document has made no title
examination and makes no representations or
certifications as to any matters affecting title.
Prepared by: Rountree, Losee & Baldwin, L.L.P.
Return to: Village of Bald Head Island
Attention: Christopher McCall, Assistant Village Manager
Post Office Box 3009
Bald Head Island, North Carolina 28462
STATE OF NORTH CAROLINA
SECOND AMENDED
COUNTY OF BRUNSWICK NON-EXCLUSIVE EASEMENTS
This SECOND AMENDED NON-EXCLUSIVE EASEMENTS, made and entered
into this the J�C, day of September, 2011, by and between BALD HEAD ISLAND CLUB,
a North Carolina nonprofit corporation, hereinafter referred to as "GRANTOR"; and the
VILLAGE OF BALD HEAD ISLAND, a North Carolina municipal corporation, hereinafter
referred to as the "GRANTEE":
WITNESSETH:
WHEREAS, GRANTOR is the owner of certain real property located in Brunswick
County, North Carolina, Bald Head Island commonly known as the Bald Head Island Club and
Golf Course, including portions of that real property as described in that certain deed to
GRANTOR, recorded in Deed Book 717, Page 1049 of the Brunswick County Registry. -
WHEREAS, the GRANTEE has purchased, pursuant to an Asset Purchase Agreement
with Bald Head Island Utilities, Inc., certain assets to be used by the GRANTEE to operate the
water treatment plant and the wastewater treatment plant serving the Village of Bald Head
Island;

II I III I I I II I II II I I I II II II I I II II I I III 83194 P0065 56,000
PRO[
Brunswick County, NC Register of Deeds page 2 of 9
WHEREAS, the parties acknowledge that treated wastewater effluent from
GRANTEE'S wastewater treatment plant has been for a period of years discharged into certain
lagoons (commonly referred to as Lagoons 3, 4 and 5) owned, in whole or in part, by
GRANTOR; and the GRANTEE desires to continue to utilize Lagoons 4 and 5 and, if necessary,
Lagoon 3 to discharge wastewater effluent from its wastewater treatment plant and to install,
maintain and/or operate monitoring wells;
WHEREAS, the GRANTOR entered into an Agreement with the GRANTEE dated July
10, 2008 (the "Agreement") pursuant to which the GRANTOR agreed to grant non-exclusive,
time -limited easements over certain real property for the permitted discharge of wastewater
effluent by the GRANTEE from its wastewater treatment plant into Lagoons 3, 4, and 5;
WHEREAS, the GRANTEE has received from the Division of Water Quality ("DWQ")
of the Department of Environment & Natural Resources ("DENR") of the State of North
Carolina ("State") Permit No. WQ-0000193 ("Permit") to discharge treated wastewater effluent
water into the lagoons on the Easement Property;
WHEREAS, it is understood that the purpose of the non-exclusive easements is to allow
the GRANTEE (1) to discharge wastewater effluent from its wastewater treatment plant into
Lagoons 3, 4 and 5 on the Easement Property, (2) to comply with its Permit requirements and all
applicable rules, regulations, etc., (3) to comply with its obligations and all terms and conditions
under the Agreement, (4) to install, maintain and operate monitoring wells, and (5) to install,
maintain and operate all wastewater effluent infrastructure and support structures within the
Easement Property. Hereinafter, the provisions of (1) — (5) of this paragraph shall be referred to
as "Utility Operations";
WHEREAS, purguant to 15A NCAC 02L.0107(f), discharge permits may be issued by
the DWQ subject to an easement running with land incorporating the following information and
conditions:
1. GRANTEE has been granted a wastewater discharge permit (Permit No. WQ-
0000193) to use the Lagoons located on the Easement Property for Utility Operations by the
DWQ at 1636 Mail Service Center, Raleigh, North Carolina 27699-1636; phone number (919)
715-0295:
2. The Easements prohibit the construction and operation of potable water supply
wells within the Easement Property; provided, however the Club specifically reserves the right to
install and/or operate irrigation wells within the Easement Property.
3. The Easements reserve the right for the GRANTEE and the State to enter the
Property for groundwater monitoring and remediation purposes.
WHEREAS, pursuant to the Agreement, GRANTOR executed a Non -Exclusive
Easements dated July 10, 2008 and recorded in Book 2819, Page 206 of the Brunswick County,
North Carolina Registry providing non-exclusive easements over certain real property for the

IIIIilllllllllllllllllIIIIIIIiIlil111 Brenda M. Cl mons56'PR01
Brunswick County, NC Register of Deeds page 3 of 9
permitted discharge of wastewater effluent by GRANTEE from its wastewater treatment plant
into Lagoons 3, 4 and 5 (the "Easements");
WHEREAS, pursuant to an agreement between the GRANTOR and the GRANTEE
dated December 8, 2008, Lagoons 4 and 5 were reconfigured or modified to meet certain
regulatory requirements relating to their use for the discharge and infiltration of wastewater
effluent;
WHEREAS, the reconfiguration or modification of Lagoons 4 and 5 has been
completed;
WHEREAS, as a result of the reconfiguration or modification of Lagoons 4 and 5, Tract
2 and Tract 3 of the Non -Exclusive Easements were revised to reflect the reconfiguration or
modification of Lagoons 4 and 5;
WHEREAS, the GRANTOR agreed to grant non-exclusive easements over and along
the real property described on Exhibit A attached hereto (the `Basement Property"), including all
or a part of reconfigured or modified Lagoons 4 and 5 and Lagoon 3 within that real property,
upon certain terms and conditions;
WHEREAS, GRANTOR executed an Amended Non -Exclusive Easements dated March
25, 2009 and recorded in Book 3000, Page 912 of the Brunswick County, North Carolina
Registry for the purpose of deleting Tract 2 and Tract 3 in the Easements and adding a new Tract
2 and Tract 3 (the "Amended Easements");
WHEREAS, by their terms, the Amended Easements terminate on the current expiration
date of DENR Permit No. WQ-0000193 or on the termination of the Agreement, whichever
occurs first;
WHEREAS, in order to allow GRANTEE to utilize Lagoons 4 and 5 (and, if necessary,
Lagoon 3) for the disposal of wastewater effluent beyond September 30, 2011, it is necessary
that the Amended Easements be further amended; and
WHEREAS, GRANTOR and GRANTEE wish to replace the Amended Easements with
this Second Amended Non -Exclusive Easements in order to modify the termination provisions of
the Amended Easements.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
EASEMENTS/ACCESS
1. The Amended Non -Exclusive Easements dated March 25, 2009 recorded in Book
3000, Page 912 of the Brunswick County, North Carolina Registry is rescinded and replaced by
this Second Amended Non -Exclusive Easements.

II I I I I I I II I III I i l l l li II II I II I IIII III Brenda M. Cl m Os 56'PRO[
Brunswick County, NC Register of Deeds page Anof 9
2. The GRANTOR grants the GRANTEE non-exclusive easements over and along the
Easement Property for the performance of its Utility Operations conducted on the Easement
Property.
3. It is understood and agreed that the GRANTEE is prohibited from discharging,
directly or indirectly, Reverse Osmosis Concentrate from its water treatment plant into any
lagoons owned, in whole or in part, by the Club. This prohibition shall be construed to prohibit
the discharge of Reverse Osmosis Concentrate into lagoons even if it has been treated through
the GRANTEE'S wastewater treatment plant.
4. GRANTEE shall not construct or operate potable water supply wells within the
Easement Property; provided, however, the Club reserves the right to install and/or operate
irrigation wells within the Easement Property.
5. The GRANTEE shall have access to the Easement Property for its Utility
Operations provided, however, it is understood and agreed that: (1) when possible, the
GRANTEE shall obtain access over Bald Head Association property; (2) when possible, such
access shall not interfere with GRANTOR'S normal operations, including playability of the golf
course; (3) in the event such access does interfere with GRANTOR's normal operations,
including playability of the golf course, the GRANTEE shall provide advance notice (promptly
upon learning of such interference) to the GRANTOR and shall minimize any such interference;
and (4) the GRANTEE shall promptly and fully repair any damage to the Easement Property
relating to the GRANTEE'S use of the Easement Property; and the State shall have access to the
Easement Property for inspection, groundwater monitoring and remediation purposes.
b. The GRANTOR reserves and shall have full access to the Easement Property
including all Lagoons within the Easement Property, (unless prohibited or limited by applicable
law) including but not limited to access for the purpose of mowing and golf course maintenance
activities.
7. The GRANTEE shall comply with all applicable permits, rules, regulations,
statutes, ordinances, standards and laws, including federal, state and local, relating to its use of
the Easement Property, all of which are incorporated herein by reference.
8. This Second Amended Non -Exclusive Easements is subject to all of the terms and
conditions of the Agreement.
9. This Second Amended Non -Exclusive Easements shall terminate at the expiration
of DENR Permit No. WQ-0000193 (on or about September 30, 2015) or on the termination of
the Agreement, whichever occurs first.
TO HAVE AND TO HOLD the above -described Easement Property and rights unto
GRANTEE, it successors and assigns, to and including the expiration date of the permit on or
about September 30, 2015 of DENR Permit No. WQ-0000193 or until the termination of the

II IIIII I i lilli 111 l l 111 11 li l 111 llli lil 83194 ?a0a� m ons 56, 000
PROF
Brunswick County, NC Register of Deeds page 5 of 9
Agreement, whichever occurs first, it being agreed that the rights and easements conveyed run
with the land. GRANTOR makes no warrant as to title to the Easement Property.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year
first above written.
[Corporate Seal]
GRANTOR:
BALD HEAD ISLAND CLUB, INC.
BY:
GENE RAMM, President
GRANTEE:
THE VILLAGE OF BALD HEAD ISLAND
BY:
J. ANDREW SAY(RV,, Mayor
ATTEST:
'Au• ti
DEBRA C. TALBERT, Village Clerk
(Seal of the Village of Bald Head Island)
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, he i'KC-- 04• a Notary Public for said County and State,
do hereby certify that GENE RAMM personally came before me this day and acknowledged that
he is President of BALD HEAD ISLAND CLUB, INC. and acknowledged, on behalf of BALD
HEAD ISLAND CLUB, INC., the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this the day of September, 2011.
rO:TA
NOTAR PUBLIC
(5e'V6 e� 05 e-
Printed Name
My Com 1a

STATE OF NORTH CAROLINA IIIIiI IIIIIII IN11III IIIIIIIIII1IIII Rt P�as9 mon5 56'PRa
Brunswick County, NC Register of Deeds page B of 9
COUNTY OF BRUNSWICK
This the Aday of, i , 2011, personally came before me, a Notary Public in
and for the said County and Sta e, DEBRA C. TALBERT, who, being by me duly sworn, says
that she is the Village Clerk of the Village of Bald head Island, North Carolina, a municipal
corporation organized and existing under the Constitution and laws of the State of North
Carolina and acting through its Village Council, and by authority duly given and as the act of
said Village, the foregoing instrument was signed in its name by J. ANDREW SAYRE, as
Mayor of said Village, sealed with its seal, and attested
`b/y� herself as the Village Clerk.
WTfNESS my hand and notarial seal, this the 1"1 day of S her. 2011.
xe H. r
�p�tY
NOTARY PUBLIC
C
hanove� ed Name
My commission expires: �;b C� � 2

Iillillllplillilllllillilillllllllll 63194 m Mons
11on19
5 5s 000
, NC Register of Deeds page
Brunswick CountY7 of
EXHIBIT A
TO
SECOND AMENDED NON-EXCLUSIVE EASEMENTS
TRACT 1 (LAGOON 3)
That certain Tract of land being in Smithville Township, Brunswick County, North Carolina,
said Tract being a portion of the Tract described in Deed Book 717 Page 1049 of the Brunswick
County Register of Deeds and being more fully described as follows:
Commencing at an iron stake found on the northwestern most corner of Lot 959 as shown on a
plat titled "Bald Head Island Stage One" and recorded in Map Cabinet 12 Pages 1-9 of the
Brunswick County Register of Deeds, said stake being on the right of way of Edward Teach
Wynd, with said right of way, North 879 F33" West a distance of 19.53 feet to a point; thence
leaving said right of way, South 03°41'27" West a distance of 35.04 feet to a point, said point
being the true Point of Beginning.
Thence from the Point of Beginning, the following courses and distances, South 03041'27"
West, a distance of 12.30 feet; thence South 40'19'20" East, a distance of 9.30 feet; thence South
40°19'20" East, a distance of 28.55 feet; thence South 40°19'20" East, a distance of 83.51 feet;
thence South 53°50'18" East, a distance of 148.07 feet; thence South 53°50'18" East, a distance
of 407.53 feet; thence South 14°41'13" East, a distance of 156.99 feet to a point; thence South
38'15'49" West, a distance of 44.25 feet; thence South 16'46'16" West, a distance of 2.70 feet;
thence South 01 °24'08" West, a distance of 41.00 feet; thence South 22°01'57" West, a distance
of 62.29 feet; thence South 43°12'37" West, a distance of 49.79 feet; thence South 71°24'09"
West, a distance of 24.54 feet; thence South 83°39'33" West, a distance of 30.26 feet; thence
North 47°52'29" West, a distance of 39.82 feet; thence North 04°28'29" West, a distance of
36.92 feet; thence North 20°04'56" East, a distance of 18.11 feet; thence North 10°21'28" East,
a distance of 33.83 feet; thence North 03°26'01" West, a distance of 19.24 feet; thence North
24°35'23" East, a distance of 30.63 feet; thence North 51 °51'27" East, a distance of 25.13 feet;
thence North 49°38'33" East, a distance of 38.09 feet; thence North 30°38'49" East, a distance of
44.92 feet; thence North 14055'58" East, a distance of 19.26 feet; thence North 08°14'26" East,
a distance of 3.13 feet; thence North 24°34'44" West, a distance of 8.75 feet; thence North
24°00'03" West, a distance of 37.86 feet; thence North 51°47'33" West, a distance of 18.78 feet;
thence North 57°19'17" West, a distance of 58.68 feet; thence North 61°36'31" West, a distance
of 13.79 feet; thence North 65°00'37" West, a distance of 59.88 feet; thence North 54°49'24"
West, a distance of 64.60 feet; thence North 75°55'18" West, a distance of 9.76 feet; thence
South 77°38'28" West, a distance of 7.14 feet; thence South 58°18'14" West, a distance of 14.72
feet; thence South 64°59'08" West, a distance of 27.71 feet; thence South 80°30'08" West, a
distance of 32.11 feet; thence North 61°44'30" West, a distance of 4334 feet; thence North
07°29'49" West, a distance of 36.85 feet; thence North 36°48'32" East, a distance of 29.75 feet;
thence North 51°5T11" East, a distance of 38.38 feet; thence North 48°06'05" West, a distance
of 7.04 feet; thence North 68°15'02" West, a distance of 69.95 feet; thence North 79°06'25"
West, a distance of 13.63 feet; thence South 51007152" West, a distance of 29.94 feet; thence
South 69°13'22" West, a distance of 29.70 feet; thence North 60°32'21" West, a distance of
45.76 feet; thence North 34°07'56" West, a distance of 27.06 feet; thence North 48012'37"
iRb<.a 7
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Brunswick County, NC Register of Deeds page B of 9PROF
West, a distance of 3.57 feet; thence North 83°02'20" West, a distance of 1.81 feet; thence
South 83°27'53" West, a distance of 26.86 feet; thence South 68°49'55" West, a distance of
28.93 feet; thence South 86°08'00" West, a distance of 28.70 feet; thence North 66°44'52"
West, a distance of 20.39 feet, thence North 39°02'36" West, a distance of 38.89 feet; thence
North 65°05'03" West, a distance of 22.13 feet; thence North 26°19'44" West, a distance of
40.90 feet: thence North 42°49'46" West, a distance of 28.64 feet; thence North 22128'00"
West, a distance of 45.92 feet; thence North 28°48'28" East, a distance of 50.57 feet; thence
South 76°50'44" East, a distance of 38.64 feet, thence South 55159'32" East.. a distance of 36.82
feet; thence South 56'59'33" East, a distance of 21.59 feet; thence South 25°38'21" East, a
distance of 55.90 feet; thence South 05°50'21" East, a distance of 15.99 feet; thence South
61°43'14" East, a distance of 6.68 feet; thence South 47°57'22" East, a distance of 4.60 feet;
thence North 79°42'05" East, a distance of 14.48 feet; thence North 68°19'25" East, a distance of
30.02 feet; thence North 45'13'11" East, a distance of4.89 feet; thence North 20'40'17" West, a
distance of 7.61 feet; thence North 30°46'01" West, a distance of 81.01 feet; thence North
08°07'01" West, a distance of 22.74 feet; thence North 11'09'49" East, a distance of 34.91 feet;
thence North 79°06'46" East, a distance of 33.11 feet to the Point of Beginning, containing 2.55
acres, more or less as shown on a plat prepared by McKim & Creed titled "Plat of Bald Head
Easements" and dated June 2, 2008.
TRACT 2 (LAGOON 4
That certain Tract of land being in Smithville Township, Brunswick County, North Carolina,
said Tract being a portion of the Tract described in Deed Book 717 Page 1049 of the Brunswick
County Register of Deeds and being more fully described as follows:
Commencing at an iron stake found on the southwestern most corner of Lot 958 as shown on a
plat titled Bald Head Island Stage One and recorded in Map Cabinet 12 Pages 1-9 of the
Brunswick County Register of Deeds, said stake being on the right of way of Edward Teach
Wynd, thence with said right of way North 85°46'47" West a distance of 50.00 feet to a point;
thence continuing with said right of way, North 84°36'08" West a distance of 44.55 feet to a
point; thence leaving said right of way, North 14°51'31" East a distance of 88.56 feet to a point;
thence North 69'13'49" East a distance of 15.97 feet to a point, said point being the true Point of
Beginning.
Thence from the Point of Beginning, North 70'01'24" West, a distance of 11.56 feet; thence
North 27°42'53" West, a distance of 29.90 feet; thence North 17°34'28" East, a distance of 23.74
feet; thence North 16°58'19" East, a distance of 30.19 feet; thence North 30°53'36" East, a
distance of 27.42 feet; thence North 46°40'41 " East, a distance of 23.03 feet; thence North
45°10'09" East, a distance of 25.73 feet; thence North 76'36'18" East, a distance of 28.71 feet;
thence South 79°40'23" East, a distance of 19.82 feet; thence North 86°05'43" East, a distance of
8.32 feet; thence North 60033151" East, a distance of 2552 feet; thence North 81'18'15" East, a
distance of 33.98 feet; thence South 72°09'10" East, a distance of 29.71 feet; thence South
56°34'04" East, a distance of 26.58 feet; thence South 45' 19'49" East, a distance of 22.33 feet;
thence South 32'01'33" East, a distance of 24.06 feet; thence South 13°00'35" West, a distance
of 1498 feet; thence South 69' 13'49" West, a distance of 243.38 feet to the Point of Beginning,
lfl6']sl D
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Brunswick County, NC Register of Deeds page 9 of 9
containing 0.55 acres, more or less as shown on a plat prepared by McKim & Creed, titled "Plat
of Bald Head Easements" and dated February 26. 2009.
TRACT 3 (LAGOON 5
That certain Tract of land being in Smithville Township, Brunswick County, North Carolina,
said Tract being a portion of the Tract described in Deed Book 717 Page 1049 of the Brunswick
County Register of Deeds and being more fully described as follows:
Commencing at an iron stake found on the southwestern most corner of Lot 958 as shown on a
plat titled `Bald Head Island Stage One" and recorded in Map Cabinet 12 Pages 1-9 of the
Brunswick County Register of Deeds, said stake being on the right of way of Edward Teach
Wynd, thence with said right of way North 85°46'47" West a distance of 50.00 feet to a point;
thence continuing with said right of way, North 84°36'08" West a distance of 44.55 feet to a
point; thence leaving said right of way, North 14°5l'31 " East a distance of 88.56 feet to a point;
thence North 69°13'49" East a distance of 485.84 feet to a point; North 54°49'17" East a distance
of 90.60 feet to a point, said point being the true Point of Beginning.
Thence from the Point of Beginning, North 80°48'55" West, a distance of 40.19 feet; thence
North 41'1824" West, a distance of 49.91 feet; thence North 02°07'30" West, a distance of
48.28 feet; thence North 28°48'58" East, a distance of 46.61 feet; thence North 35°45'04" East,
a distance of 29.43 feet; thence North 28°27'41" East, a distance of 25.65 feet; thence North
18°23'17" East, a distance of 17.87 feet; thence North 18°28'37" West, a distance of 16.45 feet;
thence North 36°54'27" West, a distance of 26.21 feet; thence North 29°08'51" West, a distance
of 29.50 feet. thence North 00°04'07" West, a distance of 29.81 feet; thence North 31°54'43"
East, a distance of 30.54 feet; thence North 25°53'37" East, a distance of 17.80 feet; thence
North 00°04'44" West, a distance of 2536 feet; thence North 12°32'52" East, a distance of 32.10
feet; thence North 29°14'20" East, a distance of 35.47 feet; thence North 71°43'36" East, a
distance of 36.50 feet; thence North 68112'14" East, a distance of 23.80 feet; thence North
50'16'41" East, a distance of 16.79 feet; thence North 25°30'09" East, a distance of 12.14 feet;
thence North 15°50'40" West, a distance of 20.20 feet; thence North 21°10'19" West, a distance
of 28.76 feet; thence North 06°52'58" West, a distance of 34.85 feet; thence North 19026'15"
East, a distance of 38.94 feet; thence North 52°03'13" East, a distance of 40.08 feet; thence
North 77'26'00" East, a distance of 39.07 feet; thence South 43°00'07" East, a distance of 42.66
feet; thence South 19°18'21" East, a distance of 34.52 feet; thence South 35°55'38" East, a
distance of 6.19 feet; thence South 78°25'21" East, a distance of 29.18 feet; thence South
62°21'43" East, a distance of 29.42 feet; thence South 37°06'27" East, a distance of 35.00 feet;
thence South 26'21'06" West, a distance of 541.81 feet; thence South 54°49'17" West, a
distance of 15.73 feet to the Point of Beginning, containing 1.12 acres, more or less as shown on
a plat prepared by McKim & Creed, titled "Plat of Bald Head Easements" and dated February
26, 2009.
I E6710, 9
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IIIIIIIIil lili lli llllllllli lllll ll 111 a3?i9 P0351 mm2-162015
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Brunswick County, NC Register of Deeds page 1 o6POP
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EFFLUENT EASEMENT AND HRIGATION AND INFILTRATION AGREEMENT
RETURN TO:
Kilpatrick Townsend & Stockton LLP (SJL)
4208 Six Forks Road, Suite 1400
Raleigh, NC 27609
This EFFLUENT EASEMENT AND IRRIGATION AND INFILTRATION AGREEMENT (the
"Effluent Easement Agreemenn is made and entered into as of the day of December, 2015 (the
"Effective Date"), by Bald Head Island Club, Inc., a North Carolina non-profit corporation ("Club")
"Grantor"), and the Village of Bald Head Island ("Village").
WITNESSETH:
THAT WHEREAS, Club is the owner of a golf course and country club known as the Bald Head
Island Club (the "Club Property"); and
WHEREAS, Village provides wastewater service to its residents and to commercial facilities on
Bald Head Island; and
WHEREAS, for a period of years treated wastewater effluent ("Effluent") from Village's
wastewater treatment plant ("WWTP") has been discharged into certain ponds located on Club Property
(referred to and labeled on Exhibit 1 as Ponds 3, 4 and 5) so that it can infiltrate to the subsurface; and
WHEREAS, Village desires to continue utilizing Ponds 4 and 5 to receive Effluent from the
WWTP for infiltration to the subsurface; and
WHEREAS, Club and Village have previously entered into that certain Non -Exclusive Easements
dated July 10, 2008, and recorded at Book 2819, Page 206 of the Brunswick County Register of Deeds
and amended and restated by that certain Amended Non -Exclusive Easements dated March 25, 2009, and
recorded in Book 3000, Page 912 of the Brunswick County Register of Deeds (collectively, the "Club
Easements"); and
WHEREAS, the Club Easements provide easements for, among other things, the discharge of
Effluent to ponds on the Club Property; and
3463204V.26

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Brunswick County, NC Register of Deeds page 2 of 16
WHEREAS, Village wishes to utilize certain additional ponds located on Club Property and Bald
Head Association Property (referred to and labeled on Exhibit 1 as Ponds 6, Pond 7, the Conservancy
Pond and the Irrigation Pond) to receive Effluent meeting state reuse standards for storage, infiltration to
the subsurface, and irrigation onto Club Property;
WHEREAS, the parties desire that the Club receive the treated wastewater effluent for the
purpose of irrigation of the golf course on the Club Property; and
WHEREAS, Village and Club now desire to terminate the Club Easements and desire to enter
into. this Effluent Easement Agreement to allow for the management of Effluent in accordance with the
North Carolina Environmental Management Commission's non -discharge rules set forth in 15A NCUC
2T and in 15A NCAC 2U) ("Reuse Standards").
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Club and Village, intending to be legally bound, agree as
follows:
Additional Definitions.
LI "Delivery Points" shall mean the Distribution Boxes (as defined below) to which Village
shall deliver the Effluent (as defined below) and from which Club (or, in certain circumstances specified
herein, Village) will direct the Effluent to either the Reuse Effluent Storage Ponds (as defined below) or
the Infiltration Ponds (as defined below).
1.2 "Distribution Boxes" shall mean the distribution boxes located on Club Property
depicted on the map attached as Exhibit 1.
1.3 "DWR" shall mean the Division of Water Resources of the North Carolina Department
of Environmental Quality, 1601 Mail Service Center, Raleigh, NC 27699-1601 (tel: [phone]).
1.4 "Easement Areas" shall mean the Spray Areas (as defined below), the Pond Areas (as
defined below), and the Monitoring Locations (as defined below) identified in the Permit (as defined
below) and generally depicted on the map attached as Exhibit 1.
1.5 "Easement Property" shall mean the property described on Exhibit 2 attached hereto.
The Easement Property consists of the Club Property.
1.6 "Effluent Management System" shall mean the Reuse Effluent Storage Ponds, the
Infiltration Ponds, the Spray Irrigation Facilities, and all lines, piping, lift stations and other facilities used
in connection with the storage, spray irrigation, or infiltration of Effluent subsequent to its delivery by
Village to the Delivery Points.
1.7 "GPD" shall mean gallons per day.
1.8 "Infiltration Ponds" shall mean the two infiltration ponds depicted on the map attached
as Exhibit 1 (referred to and labeled as Ponds 4 and 5) to which the Effluent may be directed from the
Delivery Points in accordance with this Effluent Easement Agreement for infiltration to the subsurface.
1.9 "Minimum Annual Spray Irrigation Amount" shall mean 54,000,000 gallons per year.
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Brunswick County, NC Register of Deeds page 3 of 16
1.10 "Monitoring Locations" shall mean the groundwater monitoring wells and surface water
sampling points to be located from time to time on the Easement Property in compliance with the
requirements of the Permit.
1.11 "Operating Scenarios" shall mean the several potential operating scenarios for the
management of Effluent, which are described in the Second Amended and Restated Agreement (as
defined below), as such operating scenarios may be amended from time to time.
1.12 "Permit" shall mean non -discharge Permit No. WQ-0000193 for the operation of the
Wastewater Utility System (as defined below) and Effluent Management System issued by DWR, as the
same may be modified or renewed from time to time, requiring Village to treat and manage the Effluent
in accordance with the Reuse Standards, except as otherwise provided by the Permit.
1.13 "Pond Areas " shall mean the Effluent Storage Ponds and the Infiltration Ponds.
1.14 "Reuse Effluent" shall mean wastewater that has been treated by Village to the point that
it meets the effluent quality standards required by the Permit for use as irrigation water on the Club
Property.
1.15 "Reuse Effluent Pumping Station" shall mean that certain pump house, pumps and
controls located or to be located near the Effluent Storage Ponds that shall be used to pump Reuse
Effluent to and through the Spray Irrigation Facilities (defined below) at the Club Property.
1.16 "Reuse Effluent Storage Ponds" shall mean the connected storage ponds depicted on the
map attached as Exhibit 1 (referred to and labeled as Pond 6, Pond 7, the Conservancy Pond and the
Irrigation Pond) to which Reuse Effluent may be directed from the Delivery Points in accordance with
this Effluent Easement Agreement for infiltration to the subsurface, storage, and spray irrigation onto the
Spray Areas.
1.17 "Second Amended and Restated Agreement" shall mean that certain Second Amended
and Restated Agreement between Club and Village dated September 2, 2014.
1.18 "Spray Areas" shall mean those areas at the Club Property required for utilization of
Reuse Effluent via spray irrigation pursuant to the Permit. The Spray Areas are depicted in Exhibit 1
attached hereto.
1.19 "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, the Reuse
Effluent Pumping Station, pumps, booster pumps, irrigation and spray devices, controls and other devices
used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas.
1.20 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers
wastewater to the WWTP, all lift stations, and other facilities used in the collection and treatment of the
wastewater and the delivery of Reuse Effluent to the Delivery Points.
2. Existing Easements. Effective as of the Effective Date, the Club Easements are terminated and
are of no further force and effect.
3. Wastewater Treatment and Disposal. Village shall treat the wastewater created by the
Wastewater Utility System to the standards established by DWR in the Permit and then deliver the
Effluent to the Delivery Points. Club shall accept for infiltration, storage, and irrigation via the Effluent
Management System and in accordance with the Permit up to 237,250,000 gallons of Effluent annually,
3
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Brunswick County, NC Register of Deeds PROP
page 4 of 16
except to the extent that such quantity of Effluent exceeds the storage capacity of the Pond Areas, in
which case Village shall be responsible for obtaining DWR approval for an alternative method of Effluent
management. Notwithstanding anything to the contrary contained herein, Village is prohibited from
delivering reverse osmosis concentrate from the Wastewater Utility System to the Delivery Points or
otherwise discharging, directly or indirectly, reverse osmosis concentrate to the Pond Areas, or to any
portion of Club Property, even if such reverse osmosis concentrate has been treated in the Wastewater
Utility System.
4. Effluent Mana ement. The Parties shall work co-operatively to manage the effluent in
accordance with the Permit, this Effluent Easement Agreement and the Operating Scenarios. Village
shall be responsible for the operation, maintenance, calibration, repair, and replacement of all lines,
valves, pumps, meters, and other equipment of facilities of any kind associated with the delivery of
Effluent from the WWTP to the Pond Areas. Except as otherwise provided in the Operating Scenarios,
Club shall be responsible for the operation, maintenance, repair, and replacement of the Spray Areas and
the Spray Irrigation Facilities, including operation of the Spray Irrigation Facilities by a certified spray
irrigation operator, and for all recordkeeping and reporting relating to spray irrigation required by the
Permit. Responsibility for day-to-day maintenance and aesthetics of the Pond Areas shall be as defined in
the Second Amended and Restated Agreement.
5. Spraying Activities. Club shall cause its certified spray irrigation operator to spray Reuse
Effluent from the Reuse Effluent Storage Ponds onto the Spray Areas in compliance with all DWR
requirements, subject to oversight by Village as the DWR permittee. The timing and quantities of the
spraying activities shall be in Club's sole discretion provided that all Permit requirements are complied
with. Notwithstanding the foregoing or anything to the contrary in this Effluent Easement Agreement,
Club shall not be required to irrigate more than the Minimum Annual Spray Irrigation Amount. Club
shall cause its certified operator to provide to Village all of its monthly application rates including
amounts withdrawn from the Reuse Effluent Storage Ponds, amounts sprayed on each DWR approved
Spray Area, application rates and all other Reuse Effluent spray irrigation information required on
Village's monthly reports to DWR. Club shall cause its certified spray irrigation operator to provide this
information. to Village electronically by the tenth (10') day of each month or in such shorter time period
as may be reasonably necessary to allow Village to comply with its reporting obligations under the
Permit.
6. Maintaining Reuse Effluent Storage Pond and Irrigation Pond Levels. Village shall monitor the
level of the Effluent in the Reuse Effluent Storage Ponds and the Infiltration Ponds and shall promptly
notify Club if the level of the Effluent in any such pond exceeds, or is within six inches of, the DWR-
required freeboard level. Club shall cause its certified spray irrigation system operator to maintain the
level in the Reuse Effluent Storage Ponds and Infiltration Ponds at or below the DWR-required freeboard
level; provided, however, that notwithstanding the foregoing or anything to the contrary in this Effluent
Easement Agreement, Club shall not be required to irrigate more than the Minimum Annual Spray
Irrigation Amount; and further provided that Club shall be relieved of the obligation to maintain the pond
levels below the DWR-required freeboard levels where events beyond the control of Club (including, but
not limited to, severe weather) make it impossible to do so. In such events, Village, in accordance with
the Operating Scenarios, shall be responsible for obtaining approval from DWR for an acceptable
temporary operating scenario and for implementing such scenario. Notwithstanding the foregoing,
nothing in this Effluent Easement Agreement shall be construed to require Club, its certified spray
irrigation system operator, or Village to take any action that would constitute a violation of the Permit or
of any law or regulation.
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Brunswick County, NC Register of Deeds page 5 of 16
Minimum Required Withdrawal.
7.1 Club shall cause its certified spray irrigation system operator to remove from the Reuse
Effluent Storage Ponds and spray onto the Spray Areas at least the Minimum Annual Spray Irrigation
Amount.
7.2 If, at any time, there is an inadequate supply of Reuse Effluent to meet the irrigation
needs of the Spray Areas, Club in its reasonable discretion shall have the right, subject to applicable law
and regulations, to pump surface water, groundwater or potable water into the Reuse Effluent Storage
Ponds, for use in irrigating the Spray Areas.
8. Upset Conditions. to the event that Effluent does not comply with effluent limitations contained
in the Permit, or malfunctions occur in the Wastewater Utility System that create a risk of such non-
compliance, Village shall promptly notify Club, in which case Village, in accordance with the Operating
Scenarios, shall direct all Effluent received at the Delivery Points to the Infiltrations Ponds until Village
has certified to Club that the upset conditions have been remedied.
9. Village's Right to Assume Reuse Effluent Management. Club shall operate the Effluent
Management System in such a manner as to ensure that all Effluent generated by Village is properly
managed. If, in the reasonable opinion of Village, Club is not operating the Effluent Management System
in accordance with the terms of this Effluent Easement Agreement or DWR requirements, then Village
shall give Club written notice to improve such operation procedures and, if Club fails or refuses to do so
within ten (10) calendar days after receipt of said written notice, or such earlier date that may be
established by any regulatory agency, then, at Village's option, Village shall have the right to enter the
Club Property and undertake such responsibilities to the extent necessary to operate the Effluent
Management System to accomplish the purposes of this Effluent Easement Agreement. Village may
charge Club for the reasonable and necessary costs actually incurred in connection with the operation of
the Effluent Management System. Notwithstanding the foregoing, nothing herein shall relieve Club from
the continuing obligation of operation of the Effluent Management System. Should Village assume the
responsibility to operate the Effluent Management System, it shall use commercially reasonable efforts to
avoid damage to the Effluent Management System and the Spray Areas, and to achieve appropriate and
adequate irrigation of the Spray Areas, in the exercise of its rights hereunder.
10. Testing, Inspections, and Remediation. Village shall be responsible for conducting any and all
Effluent, groundwater, surface water, and soil sampling, and associated recordkeeping and reporting,
required by the Permit. Village and DWR shall have the right, at any time and upon reasonable notice to
the owner(s) of the applicable portion of the Easement Property being entered into, to enter the Easement
Property: (a) to inspect and review the operation and maintenance of the Effluent Management System or
the remediation of any violations of groundwater standards; (b) to take soil borings and conduct any other
tests required by the Permit; (c) to perform groundwater and surface water monitoring within the
Easement Areas as required by the Permit (including the installation and maintenance of Monitoring
Locations); and (d) to remediate any violations of groundwater standards; provided, however, that (i)
Village's testing, inspection, and remediation activities on the Easement Property shall not interfere with
the intended use of the Easement Property, and (ii) Village shall use commercially reasonable efforts to
avoid damage to the Effluent Management System and the Easement Property.
11. Service Interruption. In the event of service interruptions caused by a malfunction of the
Wastewater Utility System or of that portion of the Effluent Management System from (and including)
the Distribution Boxes to the Pond Areas, Village shall exercise due diligence in completing the necessary
repairs and restoring Effluent delivery to the Pond Areas. In the event of service interruption caused by a
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Brunswick County, NC Register of Deeds page 6 of 16
malfunction of the Spray Irrigation Facilities, Club shall exercise due diligence in completing the
necessary repairs and restoring operation of the Spray Irrigation Facilities.
12. Grant of Easement.
12.1 Club hereby grants and conveys to Village, its successors and permitted assigns (pursuant
to Section 17.1 below) forever, perpetual, non-exclusive easements to their respective portions of the
Easement Areas for the purpose of operating the Effluent Management System, including spray irrigation
of Reuse Effluent on the Spray Areas and installation and sampling of the Monitoring Locations, on the
terms and subject to the conditions set forth in this Effluent Easement Agreement. This easement allows
such spraying on the Spray Areas and related activities within the Easement Areas, which are located
within the Easement Property. The rights pursuant to this easement are given without payment of any fee
or other charge being made therefor. Club shall not further encumber the Easement Areas, engage in any
activity therein, or grant any other interest or privilege therein to any other party that would interfere with
Village's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement
Agreement.
12.2 Club further hereby grants to Village, its successors and permitted assigns (pursuant to
Section 17.1 below) forever, a perpetual, non-exclusive easement to their other respective portions of the
Easement Property for ingress, egress, regress and access to and from the Easement Areas and over,
across, upon, and through the Easement Property, as necessary for Village to enjoy the rights and to fulfill
its obligations under this Effluent Easement Agreement, including the performance of soil borings and
other testing required by the Permit, without payment of any fee or other charge being made therefore.
Club shall not interfere with or permit any other party to interfere with Village's right of ingress, egress,
regress and access granted hereby. In the exercise of Village's right of ingress, egress, regress and access,
Village shall, where possible, use existing roads, paths, and other ways of travel to and from the Easement
Areas and shall, where possible, access the Easement Areas. Village shall have no obligation to maintain
such roads, paths, or other ways of travel, but shall exercise ordinary care in its use of the same. Where
roads, paths, or other ways of travel do not exist, Club shall make reasonable efforts to specify ways of
travel for Village's use so as to permit Village to enjoy the privileges and fulfill the obligations created by
this Effluent Easement Agreement without undue interference. Village shall use its best efforts to conduct
its activities in the Easement Areas so as to avoid any adverse interference with the normal use of the
Easement Areas and other -Easement Property, including the playability of the golf course located thereon.
In the event that any such adverse interference cannot be prevented in connection with such access,
Village shall give Club advance written notice of such access, and Village shall minimize such
interference and comply with reasonable requests by Club as to methods of minimizing such interference.
Village shall promptly and fully repair any damage to the Easement Property or the Club Property caused
by or arising out of Village's acts or omissions in connect with this Effluent Easement.
13. No Payments for Reuse Effluent. There will not be any payments now or at any time in the future
by Club, or by its successor or assigns, to Village for the Reuse Effluent that will be sprayed on the Spray
Areas or otherwise managed on Club Property. There will not be any payments by Village to Club, or to
its respective successors or assigns, now or in the future for any aspect whatsoever of the operation,
maintenance, and repair of the Effluent Management System or for providing Village the information
required for the DWR reports, except as otherwise provided in the Second Amended and Restated
Agreement.
14. Permit Violations. Village shall be responsible for addressing and resolving any enforcement
action taken by DWR against Village in response to any violation of the Permit. Notwithstanding the
foregoing, to the extent that any act or omission by Club causes a violation of the Permit, Club shall be
liable to Village for the costs of remedying the violation and for any civil penalties assessed against
HOMIX1111M

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Brunswick County, NC Register of Deeds page 7 of I6
Village as a result thereof; provided, however, that Club shall not be liable to Village for any cost, civil
penalties, or damages of any kind that Village may incur as a result of Club's failure (a) to remove more
than the Minimum Annual Spray Irrigation Amount from the Effluent Storage Ponds, or (b) to maintain
the pond levels below the DWR-required freeboard levels where events beyond the control of Club
(including, but not limited to, severe weather) make it impossible to do so.
15. Wells. Village shall not construct or operate water supply wells within the Easement Areas,
unless specifically agreed in writing by Club with respect to any wells on the Club Property. Club
reserves the right to install and/or operate water supply wells on Club Property at least 100 feet outside of
the Easement Areas to the extent allowed by applicable law.
16. Indemni . Village hereby agrees to indemnify, defend, and hold Club harmless from any loss,
cost, damage or expense (including, without limitation, court costs and attorneys' fees) arising from, out
of or in any manner connected with the acts or omissions of Village, its contractors, agents, employees,
invitees, or licensees in exercising the rights and obligations of Village granted and set forth herein.
17. General Provisions.
17.1 Binding upon Successors and Assigns. This Effluent Easement Agreement shall be
binding upon and shall inure to the benefit of Club and Village, and the successors and permitted assigns
(pursuant to this Section 17.1) of each. Club may assign its rights and delegate its duties under this
Effluent Easement Agreement in whole or in part to an entity purchasing substantially all of the Club
Property or to an affiliate of Club. VILLAGE MAY NOT ASSIGN ITS RIGHTS OR DELEGATE ITS
DUTIES UNDER THIS EFFLUENT EASEMENT AGREEMENT IN WHOLE OR IN PART TO ANY
THIRD PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF CLUB.
17.2 No Third Party Beneficiary Rights. Nothing expressed or referred to in this Effluent
Easement Agreement will be construed to give any person other than the parties to this Effluent Easement
Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement
Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a
successor or permitted assignee pursuant to Section 17.1 above.
173 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 Agreement to create an
agency, partnership, or joint venture between the parties hereto.
17.4 Counterparts. This Effluent Easement Agreement 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 of this Effluent Easement Agreement and all of which, when taken together, will
be deemed to constitute one and the same instrument.
17.5 Headings. The headings of particular provisions of this Effluent Easement Agreement
are inserted for convenience only and shall not be construed as a part of this Effluent Easement
Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent
Easement Agreement.
17.6 Enforcement of Agreement. Each party acknowledges and agrees that the other party
would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not
performed in accordance with their specific terms and that any breach of this Effluent Easement
Agreement 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,
3463204V.26

IIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIIII I ?19 ?035$m ons-08.0 P
Brunswick County, NC Register of Deeds page 8 of 16
it shall be entitled to enforce any provision of this Effluent Easement Agreement 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 Agreement, without posting any
bond or other undertaking.
17.7 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, or (iii) by hand or nationally recognized overnight courier, in each case addressed to the
address indicated on the signature pages to this Effluent Easement Agreement (or at such other address 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 or mailing, as
applicable.
17.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of this Effluent
Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or
continuing waiver of any such term, condition or provision.
17.9 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.
17.10 Modifications in Writing. This Effluent Easement Agreement shall not be modified,
amended, or changed in any respect except in writing, duly signed by the owners of the Easement
Property and Village, and each parry hereby waives any right to amend this Effluent Easement Agreement
in any other way. Any such modifications shall be subject to DWR's approval.
17.11 Consent to Jurisdiction. The parties hereto agree that the state and federal courts of North
Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies
arising out of, relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent
Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement
Agreement, 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.
17.12 Governing Law. This Effluent Easement Agreement 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.
17.13 Recordation; Duration. Village shall record this Effluent Easement Agreement in the
Register of Deeds of Brunswick County, North Carolina at Village's expense. The provisions of this
Effluent Easement Agreement shall create an easement in gross for the benefit of Village and will run
with and bind title to the Club Property, will be binding upon and inure to the benefit of all owners of any
portion of the Club Property, as applicable, 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 Easement Property
and Village and recorded in the public land records of Brunswick County. Any such termination shall be
subject to DWR's approval.
17.14 Required Amendments. In the event that the Permit is modified, amended or expanded at
any time to permit additional or different land to be used for spray irrigation of Reuse Effluent, the
8
3463204V.26

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII BrendaM. Cl m ons 08'PROP
Brunswick County, NC Register of Deeds page 9 of 16
owners of the Easement Property and Village shall execute and record an amendment to this Effluent
Easement Agreement reflecting any such change in the Easement Areas defined hereunder.

II I I 11111 IIII I II I I1111111111111111111 R3 t ?@3so m -16 0015
ns PROP
Brunswick County, NC Register of Deeds page le of is
[Signature Page to Effluent Easement and Irrigation Agreement]
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.
BALD HEAD ISLAND CLUB
VILLAGE OF BALD HEAD ISLAND
l
By: S ai �Q t9f
Address:
cl ad-Qt/3-n
f $tt to f

2- 16-2015
IIII I IIIIIIII Iill llillllll llllllll III 13719 P0361 m ons 08. PROPBrunswick County, NC Register of Deeds page 11 of 16
STATE OF N� oarv&Q,
COUNTY OF A3 0, tic
I, the u rsi ed, a No? Public of the County and State aforesaid, certify that
-Rl I, -, �tw l , 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
❑ A credible witness has sworn to the identity of the principal(s);
who is the FgAf;pA41' of BALD HEAD ISLAND CLUB, a North Carolina corporation,
personally appeared before me this day and acknowl�ed that (s)he is f'W) n OW T" of BALD
j HEAD ISLAND CLUB and that as rAg plu I being duly authorized to do so, voluntarily
executed the foregoing instrument on behalf of said company for the purposes stated therein.
Witness my hand and official stamp or seal this L—
_= day of Z)Lj&IG 2 0[ty.—
Notary ublic �T
Print Name: dt! �jp
My Commission Expira0za
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]
4."o W. y4 ,,,
z� II-3-ao
�i 'OUBi.�G •C','

IIIIIillillllll ll lllllllll lllllllllll B3 t P036213;32: 8 e Clem ons o Brunswick County, NC Register of Deeds page 12 of 16
STATE OF dL-j K C0. 2 l i nc,
COUNTY OF 1
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
J.A whose identity has been proven by satisfactory
evidence, saio 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
❑ A credible witness has sworn to the identity of the principal(s); Mo q&-
personally came before me this day and acknowledged that he/she is Presideof VILLAGE OF
BALD HEAD ISLAND, and 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 f S day of IECe, ,,.i o.� , 20 1
-bn
Notary Publ c
Print Name: ,&_ (,x r, M v t. ,o- (a. -C�, j. 'u P
My Commission Expires: 1 z-I U -i 1
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]
�00HECE S
.G
� gUBRC i
WICK C'pt
12
3463204V.26

Iillllllillllilllllllilllllllllllllll a�i9 p%3mmons PROPP0 Brunswick County, NC Register of Deeds page 13 of 16
Easement Areas, Spray Areas, and Distribution Boxes
(See Attached)
3463264V.26

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Brend M Cl m; Drys oP
Brunswick County, NC Register of Deeds' page 14 of 16
S jN�
wCtipa
s
s
0 200 400 800 1,200 1,600
Feet
Explanation
n Reclaimed Water "Spray Areas" • — - Existing Force Main
Irrigated with Potable Water New Force Main
- Ponds
Golf Course Irrigation Piping
Sprinkler Heads
Q Village Water Supply Well
o Reclaimed Water
Q Water Well 100-ft Buffer
* Potable Water
..... Irrigation Main from Pond 10
1
* Abandoned
— — Pond Connection Pipe
— Property Lines (CLD)
Village of Bald
Easement Areas, Spray Areas, and Distribution Boxes
Head Island &
Eagle Resources, P.A.
Bald Head
P.O. Box 11189
1 1 d CI b
Date 8122l14 Project Number 21021.1 TIIIS MAP I
DISTRIBUTION BOXES
EXHIBIT
1
Southport, NC 28461 919-345-1013 s an U - --- - -- ----- -- - --- -
AND HAS NOT BEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
LAND DEVELOPMENT REGULATIONS.

IIIIIIililllllllilllllllllllillllllll a3119 F03s5m ons-08. PROP
Brunswick County, NC Register of Deeds page 15 of is
EXHIBIT 2
Easement Property
The Land referred to is in the State of NC, County of Brunswick, Village of Bald Head
Island and described as follows:
TRACT ONE. THAT 27.87 ACRE TRACT OF LAND
DESIGNATED AS FAIRWAY NO. 9 AND FAIRWAYNO. 1, INCL UDING TRACTS 28 A
AND 14-A, AS SHOWN ON THAT MAP RECORDED iN MAP CABINETS,
INSTRUMENT 184 IN THE OFFICE OF THE REGISTER OF DEEDS FOR
BR UNSWICK COUNTY, TO WHICH REFERENCE IS HEREBYMADE FOR A MORE
COMPLETE DESCRIPTION.
TRACT TWO: ALL THE 4.02 ACRE TRACT OF LAND DESIGNATED AS
FAIRWAYNO. 2, INCL UDING TRACT 28-B AND THAT 3.75 ACRE TRACT OF LAND
DESIGNATED AS FAIRWAY NO. 8, INCL UDING WELL SITE TRACT], AS SHOWN
ON THAT MAP RECORDED IN MAP CABINETS, INSTRUMENT 185, IN THE
OFFICE OF THE REGISTER OF DEEDS FOR BRUNSWICK COUNTY, TO WHICH
REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION.
TRACT THREE: ALL THAT 6.80 ACRE TRACT OF LAND DESIGNATED AS
FAIRWAY NO. 3, INCL UDING TRACTS 22 A AND 22-B AND THAT 7.87 ACRE
TRACT OF LAND DESIGNATED AS FAIRWAY NO. 6, INCL UDING TRACT NO. 7-
A, AS SHOWN ON THAT MAP RECORDED LN MAP CABINETS, INSTRUMENT 186
IN THE OFFICE OF THE REGISTER OF DEEDS FOR BRVM5WICK COUNTY, TO
WHICH REFERENCE IS HEREBY MADE FOR A MORE COMPLETE
DESCRIPTION.
TRACT FOUR: THAT 10.06 ACRE TRACT OF LAN➢ DESIGNATED AS
FAIRWAYNO. 4, INCLUDING TRACT 23 A, AND THAT 7.92 ACRE TRACT OF
LAND DESIGNATED AS FAIRWAY NO. 5 ON THAT MAP RECORDED IN MAP
CABINETS, INSTRUMENT 187IN THE OFFICE OF THE REGISTER OF DEEDS
FOR BRUN.SWICK COUNTY, TO WHICHREFERENCE IS HEREBY MADE FOR A
MORE COMPLETE DESCRIPTION.
TRACT FIVE.• BEING ALL OF THAT 10.45 ACRE TRACT OF LAND
DESIGNATED AS FAIRWAYNO. 7, INCLUDING TRACTS 5-A AND 6-A, AS
SHOWN ON THAT MAP RECORDED INMAP CABINETS, INSTRUMENT 188 IN
THE OFFICE OF THE REGISTER OF DEEDS FOR BR UNSWICK COUNTY, TO
WHICHREFERENCE IS HEREBY MADE FORA MORE COMPLETE
DESCRIPTION.
TRACTSIX.- ALL OF THAT 17.78 ACRE TRACT OF LAND
DESIGNATED AS FAIRWAY NO. 10 AND FAIRWAY NO. 18, ON THAT MAP
RECORDED INMAP CABINETS, INSTRUMENT 189, INTHE OFFICE OF THE
REGISTER OF DEEDS FOR BRUNSWICK COUNTY TO WHICH REFERENCE IS
HEREBY MADE FOR A MORE COMPLETE DESCRIPTION.
3463204V.26

IIIIIIIIIIIIIIIIIIIIIIIIIIITINIII MR PO m ors Oa�PROP
Brunswick County, NC Register of Deeds page 16 of 16
TRACTSEVEN: BEINGALL OF THAT 11.96ACRE TRACT DESIGNATED AS
FAIRWAYNO. 11, INCL UDING TRACTS i0-A AND 25 A, AS SHOWN ON THAT MAP
RECORDED INMAP CABINETS, INSTRUMENT 190, IN THE OFFICE OF THE
REGISTER OF DEEDS FOR BRUNSWICK COUNTY, TO WHICH REFERENCE IS
HEREBYMADE FOR A MORE COMPLETE DESCRIPTION.
TRACT EIGHT., BEING THAT 6.68 ACRE TRACT OF LAND DESIGNATED
AS FAIRWAY NO. 12 AND THAT 4.36 ACRE TRACT OF LAND DESIGNATED AS
FAIRWAYNO. 13, INCL UDING TRACT 2 A, AS SHOWN ON THAT MAP RECORDED
IN MAP CABINET S, INSTRUMENT 191, IN THE OFFICE OF THE REGISTER OF
DEEDS FOR BRUNSWICK COUNTY, TO WHICH REFERENCE IS HEREBY MADE
FOR A MORE COMPLETE DESCRIPTION.
TRACT NINE: BEING ALL OF THAT 7.96 ACRE TRACT OF LAND
DESIGNATED AS FAIRWAYNO. 14, INCLUDING TRACT 2-B, AS SHOWN ON
THAT MAP RECORDED IN MAP CABINET S, INSTRUMENT 192, IN THE
OFFICE OF THE REGISTER OF DEEDS FOR BRUNSWICK COUNTY, TO
WHICH REFERENCE IS HEREBY MADE FOR A MORE COMPLETE
DESCRIPTION.
TRACT TEN.- BEING ALL OF THAT 7.48 ACRE TRACT OF
LAND DESIGNATEDASFAIR WAYNO. 15, INCLUDING TRACT 12-A, AND THAT
5.71 ACRE TRACT OF LAND DESIGNATED AS FAIRWAYNO. 16, INCLUDING
TRACTS 12-B AND 12-C, AS SHOWN ON THAT MAP RECORDED IN MAP CABINET
S, INSTRUMENT 193, IN THE OFFICE OF THE REGISTER OF DEEDS FOR
BRUNSWICK COUNTY, TO WHICHREFERENCE IS HEREBY MADE FOR A MORE
COMPLETE DESCRIPTION.
TRACT ELEVEN: BEINGALL OF THAT 9.15 ACRE TRACT OF LAND DESIGNATED
AS FAIRWAYNO. 17, INCL UDING TRACT 10-B, AS SHOWN ON THAT MAP
RECORDED IN MAP CABINETS, INSTRUMENT 194, IN THE OFFICE OF THE
REGISTER OF DEEDS FOR BRUNSWICK COUNTY, TO WHICH REFERENCE IS
HEREBYMADE FOR A MORE COMPLETE DESCRIPTION.
TRACT TWELVE: BEING ALL OF THAT 1.35 ACRE TRACT OF LAND
DESIGNATED AS THE GREENSWARD STRIP, AS SHOWN ON THAT MAP
RECORDED IN MAP CABINET 30, INSTRUMENT 105, IN THE OFFICE OF THE
REGISTER OF DEEDS FOR BRUNSWICK COUNTY, TO WHICH REFERENCE IS
HEREBY MADE FOR A MORE COMPLETE DESCRIPTION
3463204V.26

Attachment C

Measured Monthly Average Amount of Wastewater Flow Contributed Per Unit
June 2019 - May 2020
Average
Monthly
GPD
G D/REU
Percentage of
Approved Flow
Reduction Value
June 2019
174,125
135
57%
July
219,280
171
72%
August
195,039
152
64%
September
130,618
102
43%
October
113,572
88
37%
November
112,726
88
37%
December
91,136
71
30%
January 2020
86,101
67
28%
February
78,867
61
26%
March
100,410
78
33%
April
85,345
66
28%
May
138,996
1 108
1 46%
Note: Information was Provided by Village of Bald Head Island. As of June 29, 2020,
there are 1286 REUs utilizing the system. All of the per unit measured monthly averages
for the 12 months prior to the renewal are less than 80% of the approved reduction
value; therefore, a reevaluation of the reduced flow value is not required.

Attachment D

December 30, 2008
Calvin Peck, Village Manager
Village of Bald Head Island
P.O. Box 3009
Bald Head Island, North Carolina 28461
Dear Mr. Peck:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Subject: Permit No. WQ0000193
Village of Bald Head Island
Infiltration Lagoon System
Brunswick County
In accordance with your permit modification request received November 14, 2008, and
subsequent additional information received December 2, 2008, December 8, 2008, December 10, 2008,
and the permit correction request received December 19, we are forwarding herewith corrected Permit
No. WQ0000193, dated December 30, 2008, to the Village of Bald Head Island for the construction and
continued operation of the subject wastewater treatment and infiltration lagoon facilities. This correction
includes previously approved modification for the relocation and reshaping of the existing infiltration
lagoons in order to delineate Compliance and Review Boundaries and a flow reduction for to 237 gallons
per day per residential unit. The modification did not include any change to the total permitted volume of
the subject facility. This correction is to clarify permit language as described below.
Condition I.5: Condition changed to read "At no time shall waste be disposed of in Lagoon 3 until the
Permitee can demonstrate compliance with applicable regulations as determined by the Division."
Condition 111.3: The condition which read, "Adequate measures shall be taken to prevent wastewater
ponding or runoff from the irrigation field." was removed since the facility does not contain
irrigation fields.
Condition HI.11: The words "Caution must be taken not to damage the integrity of the liner when
installing the gauge." were removed, since the lagoon does not have a liner. The Permittee must
record water level per Condition IV.6.
Cover letter: The expiration date of the permit was modified from 2001 to 2011.
This permit shall be effective from the date of issuance until September 30, 2011, shall void
Permit No. WQ0000193 issued December 10, 2006, and shall be subject to the conditions and limitations
as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure
to establish an adequate system for collecting and maintaining the required operational information will
result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
one
NonhCarolina
Ivatumlly
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone : [phone]
Internet. www.newatetquality.nr Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
An Equal Opportunity Affirmative Action Employer- 50% Recycledr l0°/o Post Consumer Paper Customer Service: [phone]

North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
One set of approved plans and specifications was forwarded with the permit issued December 10,
2008. If you need additional information concerning this matter, please contact Jon Risgaard at (919)
791-6165 [e-mail].
Sincerely,
w
i
�,' (:ole H. Sullins
cc: Brunswick County Health Department
Wilmington Regional Office, Aquifer Protection Section
Tony Boahn, P.E. — McKim & Creed 243 N. Front Street, Wilmington, NC 28401
Technical Assistance and Certification Unit (with rating sheet attached)
APS Central Files
LAU Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
INFILTRATION LAGOON 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
Village ®i Bald Head Island
Brunswick County
FOR THE
continued operation of a 400,000 gallon per day (GPD) (237 gallon per day per residential unit)
wastewater treatment facility and an infiltration lagoon disposal system consisting of:
a 223,000 gallon flow equalization basin aerated with one (I) 382 cubic feet per minute (CFM) blower; a
screw type mechanical bar screen with bag compactor; one (1) 155,000 gallon Sequencing Batch Reactor
(SBR) with two (2) 382 CFM blowers; two (2) Aqua Disk filters each with a surface area of 215.2 square feet
(ft) and a hydraulic loading rate up to 3 GPMIft'; a backwash pump station with two (2) submersible pumps
each rated at 50 gallons per minute (GPM) at 38 feet of TDH; an ultra -violet (UV) light disinfection system
with a redundant back-up system; an effluent pump station with two (2) submersible pumps each rated at 556
GPM at 20 feet of TDH; a 8 inch magnetic flow meter that pumps to the 2.04 acre, 1.38 acre and 0.32 acre
infiltration lagoons infiltration lagoons;
two (2) 155,000 gallon SBRs with 382 CFM blowers; a 336,000 gallon aerobic digester with three (3)
compartments each with a floating aerator; contracted disposal of approximately 49 dry tons per year of bio-
solids with Lewis Farms R Liquid Waste (WQ0000455);
the Timber Creek lift station consisting of an influent pump station with two (2) submersible pumps each rated
at 700 GPM at 43 feet of TDH; a flow meter; a 28,000 gallon post equalization/aeration basin with three (3)
submersible pumps each rated at 139 GPM and one (1) floating aerator
construction of the relocated and reshaped lagoon 4 (1.38 acre) and lagoon 5 (0.32 acre); and
to serve the Village of Bald Head Island, with no discharge of wastes to the surface waters, pursuant to
the application received November 14, 2008, and `subsequent additional information received by the
Division of Water Quality (Division), and in conformity with the project plan, specifications, and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until September 30, 2011, shall void Permit
No. WQ0000193 issued October 6, 2006, and shall be subject to the following specified conditions and
limitations:
WQ0000193 Version 2.1 Shell Version 080327 Page 1 of 10

I. SCHEDULES [please review the entire permit for reporting, monitoring, and other on -going activities]
Upon completion of construction and prior to operation of this permitted facility, a certification (see
attached form) must be received from a professional engineer certifying that the permitted facility has
been installed in accordance with this permit, the approved plans and specifications, and other
supporting materials including the location of all monitoring wells as applicable. if this project is to
be completed in phases..and partially certifiedyou shall retain the reWgnsibihty to track further
.construction approved under the same permit, and shall provide a final certificate of completion once
the .entire project has been completed. Mail the Certification to the Aquifer Protection Section,
Division of Water Quality, 1636 Mail Service Center, Raleigh, NC 27699-1636.
2. The Wilmington Regional Office, telephone number [phone] shall be notified at least forty-
eight (48) hours in advance (excluding weekends and holidays) of operation of the installed facilities
so that an in -place inspection can be made. Such notification to the regional supervisor shall be made.
during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding
State Holidays.
3. Within sixty (60) days of permit issuance, all water supply wells located within the Compliance
Boundary shall be permanently abandoned. Within thirty (30) days of abandonment, a Well
Abandonment Record (GW-30 form) that lists this permit number and the appropriate monitoring
well identification number shall be completed for each well abandoned and mailed to N.C. Division
of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, N.C. 27699-1636.
The well(s) must be abandoned by a North Carolina Certified Well Contractor according to the North
Carolina Well Construction Standards (15A NCAC 02C .0113) and local county rules.
4. Within sixty (60) days of permit issuance, monitor well(s) MW-2 shall be permanently abandoned.
Within thirty (30) days of abandonment, a Well Abandonment Record (GW-30 form) that lists this
permit number and the appropriate monitoring well identification number shall be completed for each
well abandoned and mailed to N.C. Division of Water Quality, Aquifer Protection Section, 1636 Mail
Service Center, Raleigh, N.C. 27699-1636. The well(s) must be abandoned by a North Carolina
Certified Well Contractor according to the North Carolina Well Construction Standards (15A NCAC
02C .0113) and local county rules.
5. Upon receipt of the engineer's as -built certification for completion of construction and reshaping of
Lagoons 4 and 5, the Village may request a modification of Permit No. WQ0000193 to remove
Lagoon 3 as a disposal lagoon. Removal of Lagoon 3 is contingent upon approval of all the foregoing
requirements and satisfaction of the Island's build -out capacity requirements. if Lagoon 3 is not
removed, the Village shall delineate the compliance and review boundaries around Lagoon 3, as
required by 15A NCAC 2L, .0107 and .0108 respectively. The Village shall request a modification or
delineate the compliance and review boundaries no later than March 1, 2009. At no time shall waste
be disposed of in Lagoon 3 until the Permitee can demonstrate compliance with applicable
regulations as determined by the Division.
6. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application.
7. The subject wastewater treatment and disposal facilities shall be connected to an operational publicly
owned wastewater collection system within 180 days of its availability to the subject facilities, if the
subj ect wastewater treatment or disposal facilities are in noncompliance with the terms and: conditions
of this non -discharge permit or the governing statutes or regulations. Prior to the initiation of these
connection activities, appropriate approval must be received from this Division
WQ0000193 Version 2.1 Shen Version 080827 Paae 2 of 10

II. PERFORMANCE STANDARDS
The infiltration lagoon facilities shall be effectively maintained and operated at all times so that there
is no discharge to the surface waters, nor any contravention of groundwater or surface water
standards. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions due to improper operation and maintenance, or failure of the irrigation area to
adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including
those actions that may be required by the Division, such as the construction of additional or
replacement wastewater treatment and disposal facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to ground
or surface waters resulting from the operation of this facility.
3. All wells that are constructed for purposes of groundwater monitoring shall be constructed in
accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water
Supply) and any other state and local laws and regulations pertaining to well construction.
4. Effluent limitations shall not exceed those specified in Attachment A.
5. Application rate(s), whether hydraulic, nutrient, or other pollutant shall not exceed those specified in
Attachment B.
6. The compliance boundary for the disposal system is specified by rules in 15A NCAC 02L,
Groundwater Classifications and Standards. This disposal system was individually permitted on or
after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from
the waste disposal area, or 50 feet within the property boundary, whichever is closest to the waste
disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is
subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement
actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C.
7. The Permittee shall apply for a permit modification prior to any sale or transfer of property that
affects a compliance boundary to establish a new compliance boundary.
In accordance with 15A NCAC 02L .0107(d), no wells, other than monitoring wells, shall be
constructed within the compliance boundary except as provided by 15A NCAC 02L .0107(g).
9. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure that any landowner
who owns land within the compliance boundary, but who is not the permittee, shall execute and file
with the Register of Deeds in the county in which the land is located an easement running with the
land that contains 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.
10. The review boundary is established around the disposal systems midway between the compliance
boundary and the perimeter of the waste disposal area. Any exceedance of standards at the review
boundary shall require action in accordance with 15A NCAC 02L .0106.
11. The facilities permitted herein must be constructed according to the following setbacks:
a. 10 feet between infiltration lagoons and any on -property residential units that are to be sold (e.g.,
condominiums, subdivisions),
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b. 500 feet between infiltration lagoons and any impounded public surface water supply or public
shallow (less than 50 feet deep) ground water supply,
c. 100 feet between infiltration lagoons and any private or public water supply source,
d. 100 feet between infiltration lagoons and any streams classified as WS or B,
e. 100 feet from mean high water between infiltration lagoons and any "SA" or "SB" classified
surface waters,
f. 100 feet from normal high water between infiltration lagoons and any other stream, canal, marsh,
or coastal waters,
g. 100 feet from normal high water between infiltration lagoons and any Class I or Class 11
impounded reservoir used as a source of drinking water,
h. 100 feet between infiltration lagoons and any other lake or impoundment,
i. 15 feet between infiltration lagoons and any building foundation/basement,
j. 15 feet between infiltration lagoons and any top of slope of embankments or cuts of two feet or
more in vertical height,
k. 10 feet between infiltration lagoons and any water line from a disposal system,
1. 100 feet between infiltration lagoons and any swimming pool,
m. 20 feet between infiltration lagoons and any other nitrification field (except repair area),
n. 100 feet between infiltration lagoons and any well with the exception of an approved groundwater
monitoring well,
o. 25 feet between infiltration lagoons and any Drainage systems (ditches, drains, surface water
diversions, etc.) and from any groundwater lowering and surface drainage ditches,
p. 50 feet between treatment units and property lines,
q. 50 feet between infiltration lagoons and public right of ways,
r. 100 feet between wastewater treatment units and wells,
s. 50 feet bettveen infiltration lagoons and property lines.
Some of the buffers specified above may not have been included in previous permits for this waste
treatment and disposal system. These buffers are not intended to prohibit or prevent modifications,
which are required by the Division, to improve performance of the existing treatment facility. These
buffers do, however, apply to modifications of the treatment and disposal facilities, which are for the
purpose of increasing the flow that is tributary to the facility. These buffers do apply to any
expansion or modification of the infiltration areas and apply in instances in which the sale of property
would cause any of the buffers now complied with, for the treatment and disposal facilities, to be
violated. The applicant is advised that any modifications to the existing facilities will require a permit
modification.
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittec shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .0507 including operational functions, maintenance
schedules, safety measures, and a spill response plan.
2. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be back-up ORC(s) of the facilities in accordance with 15A NCAC 08G .0200. The ORC shall visit
the facilities in accordance with 15A NCAC 08G .0200 or as specified in this permit and shall comply
with all other conditions specified in these rules.
3. All waste application equipment must be tested and calibrated at least once per permit cycle. Records
of the calibration must be maintained for five years.
4. No type of wastewater other than that from the Village of Bald Head Island WWTP shall be disposed
into the infiltration lagoons.
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5. An automatically activated standby power source shall be on site and operational at all times capable
of powering all essential treatment units. If a generator is employed as an alternate power supply, it
shall be tested weekly by interrupting the primary power source.
6. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
7. Public access to the land application sites shall be controlled. Such controls shall include the posting
of signs showing the activities being conducted at each site.
8. The residuals generated from these treatment facilities must be disposed / utilized in accordance with
15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A
NCAC 02T .0508.
9. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
10. Freeboard in the infiltration lagoons shall not be less than two feet at any time.
11. A waste -level gauge, to monitor waste levels in the infiltration lagoons shall be provided. This gauge
shall have readily visible permanent markings indicating the 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 elevations.
12. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments.
Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible.
13. Diffusers shall be cleaned as needed to ensure that adequate aeration is provided. Records of this
maintenance shall be maintained by the permittee.
14. The Permittee shall provide for the pump station and force main the following items:
a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the
pump station.,
b. An air relief valve located at all high points along the force main,
c. A screened vent for the wet well,
d. Fillets located in the wet well at the intersection of the flooring and sidewalls,
e. Three feet of cover (minimum) over the force main or the use of ferrous material where three
feet cannot be maintained,
f. Sufficient devices which will protect the pump station from vandals, and
g. Flood protection if the pump station is located below the 100-year flood elevation
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to ensure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
2. All laboratory analyses for effluent, ground waters, or surface waters shall be made by a laboratory
certified by the Division for the required parameter(s) under 15A NCAC 02H .0800.
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3. Flow through the treatment facility shall be continuously monitored and daily flow values shall be
reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device consistent with
approved engineering and scientific practices to ensure the accuracy and reliability of flow
measurement. Flow measurement devices selected shall be capable of measuring flows with a
maximum deviation of less than. 10 percent from true flow, accurately calibrated at a minimum of
once per year, and maintained to ensure that the accuracy of the measurements is consistent with the
accepted capability of that type of device. The Permittee shall keep records of flow measurement
device calibration on file for a period of at least three years. At a minimum, data to be included in
this documentation shall be:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow.
4. The effluent from the subject facilities shall be monitored by the Permittee at the frequency(ies) and
location(s) for the parameter(s) specified in Attachment A.
5. The Permittee tracking the amount of wastewater disposed shall maintain adequate records. These
records shall include, but are not necessarily limited to, the following information:
a. Date of disposal,
b. Volume of wastewater disposed,
c. Lagoon disposed to,
d. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each lagoon,
e. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B for each field, and
f. Weather conditions.
6. Freeboard (waste level to the lowest elevation on the top of the embankment) in the infiltration
lagoons shall be recorded weekly.
7. A record shall be maintained of all residuals removed from this facility. This record shall include the
name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to accept
the residuals, date the residuals were hauled, and volume of residuals removed.
8. A maintenance log shall be maintained at this facility including but not limited to the following items:
a. Visual observations of the plant and plant site.
b. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm testing,
diffuser inspections and cleanings, etc.).
c. Date of calibration of flow measurement device.
d. Date and results of power interruption testing on alternate power supply.
9. Monitor wells shall be sampled at the frequencies and for the parameters specified in Attachment C.
All mapping, well construction forms, well abandonment forms, and monitoring data shall refer to the
ermit number and the well nomenclature as provided in Attachment C and Figure 1.
10. Two (2) copies of the results of the sampling and analysis must be received on Form GW-59
(Groundwater Quality Monitoring: Compliance Report Form), along with attached copies of
laboratory analyses, by the Division of Water Quality, Information Processing Unit, 1617 Mail
Service Center, Raleigh, North Carolina 27699-1617 on or before the last working day of the month
following the sampling month. Form GW-59 shall include the number of this permit and the
appropriate well identification number. One Form GW-59a certification form shall be provided for
each set of sampling results submitted.
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11. Three (3) copies of all monitoring data [as specified in Conditions IV. 3. and IV. 4] on Form NDMR
for each PPI and three (3) copies of all operation and disposal records [as specified in Conditions IV.
5 and IV. 6.1 on Form NDAR-1 for every lagoon 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 Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
12. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
796-7215, as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; the known passage of a slug of hazardous substance through the
facility; or any other unusual circumstances including ponding in the irrigation field or runoff
from the irrigation fields.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of disposal system resulting in a by-pass directly to receiving waters.
d. Any time that self -monitoring information indicates that the facility has gone out of compliance
with its permit limitations including, but not limited to, freeboard measurements, effluent
limitations, exceedances of groundwater standards, or overloading of any field.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must be reported to the Division's
Emergency Response personnel at telephone number [phone], [phone], or (919) 733-
3300. Persons reporting such occurrences by telephone shall also file a written report in letter form
within five (5) days following first knowledge of the occurrence. This report must outline the actions
taken or proposed to be taken to ensure that the problem does not recur.
V. INSPECTIONS
1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation
of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the release
of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an
inspection log or summary including at least the date and time of inspection, observations made, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall
be maintained by the Permittee for a period of five years from the date of the inspection and shall be
made available upon request to the Division or other permitting authority.
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3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit; may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
2. This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
3. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data. No variances to applicable rules governing the construction
and / or operation of the permitted facilities are granted unless specifically requested and granted in
this permit.
4. The Division accepts the data -based design flow rate of 237 gallons per day per residential unit
(gpdpRU) for the community served by this system. Regardless of the adjusted design daily
wastewater flow rate, at no time shall the wastewater flows exceed the limits defined in this permit
for the subject facility or exceed the capacity of the sewers downstream of any new sewer extension
or service conhection(s).
The Permittee shall report the actual (measured) monthly average amount of wastewater flow
contributed per unit (gpdpRU) for the 12 months prior to renewal. If any of these values are within
20% OF THE APPROVED VALUES, the permittee shall re-evaluate the approved value using the
methodology used to determine the approved flow rate of 237 gpdpRU and submit this information
within eighteen months of renewal. The Division may change the design flow rate for connections to
the system at that time, and upon each renewal cycle, pending an evaluation of the submitted flow
information.
The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other government agencies (local, state,
and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer
rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC
Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .0500.
6. In the event there is a desire for the facilities to change ownership, or there is a name change of the
Permittee, a formal permit request must be submitted to the Division on official Division form(s),
documentation from the parties involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and may or may not be approved. The
Permittee of record shall remain fully responsible for compliance until a permit is issued to the new
owner.
7. The Permittee shall retain a set of approved plans and specifications for the life of the facilities
permitted herein.
8. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority.
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9. The Permittee must pay the annual fee within thirty (30) days after being billed by the Division.
Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit
pursuant to 15A NCAC 02T .0105(e).
Permit issued this the 30"' day of December 2008
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
,,r een ullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0000193
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Permit No. WQ0000193
December 30, 2008
ENGINEER'S CERTIFICATION
Partial Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,
Project Name
Location and County
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of this permit, the approved plans and specifications, and other supporting
materials.
Signature
Date
Registration No.
WQ000019 g Version 2.1 Shell Version 090927 Pace 10 of 10

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001- WWTF EFFLUENT
Permit Number: WQ0000193 Version: 2,1
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average'
Weekly Average
Daily Maximum`
Measurement
Frequency
Sample
Type
Chloride (as Cl) - 00940
3 x year d
Grab
Nitrogen, Ammonia Total (as N) - 00610
4
mg/L
2 x month'
Composite
Nitrogen, Ammonia Total (as N) - 00610
4
mg/L
Monthly r
Composite
B0D, 5-Day (20 Deg. C) - 00310
10
mg/L
2 x month'
Composite
B0D, 5-Day (20 Deg. C) - 00310
10
mg/L
Monthly r
Composite
Solids, Total Suspended - 00530
20
mg/L
2 x month`
Composite
Solids, Total Suspended - 00530
20
mg/L
Monthly r
Composite
Coliform, Fecal MF, M-FC Broth,44.5C - 31616
14�
mg/L
43
mg/L
2 x month'
Grab
Coliform, Fecal MF, M-FC Brotli,44,5C - 31616
14�
mg/L
43
mg/L
Monthly r
Grab
Flow, in conduit or thru treatment plant - 50050
400,000
GPD
Continuous
Recorder
pl-1 - 00400
3 x year d
Grab
Cat -bon, Total Organic - 00680
3 x year d
Grab
Nitrogen, Nitrate Total (as N) - 00620
3 x year d
Grab
Solids, Total Dissolved - 70295
3 x year d
Grab
Notes•
'Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected during the reporting period.
Monthly average for fecal coliform shall. be the geometric mean of all samples collected during the reporting period.
`Daily maximum shall be the maximum value of all samples collected during the reporting period.
d 3 X year sampling shall be conducted during March, July and November.
'2 X month sampling shall be conducted during April through October.
r3 X year sampling shall be conducted during November through March.
WQ0000193 Version 2.1 Attachment A Pagel of2

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WQOOD0103 Version 2.1 Attachment A Page 2 of 2

ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS
Permit Number: WQ0000193 Version: 2.1
The Village of Bald Head Island WWTF
UTILIZATION AREA INFORMATION
APPLICATION LIMITATIONS
Field/
Basin
Owner
County
Latitude
Longitude
Net
Acrea a
Dominant
Soil Series
Parameter
Rate
Yearly
Max
Units
Pond 3
Village of Bald [lead Island
Brunswick
33' 51' 33"
-77' 59' 36"
2.04
01284 - Application Surface Irrigation
0.0'
0.0
GPD/Ii2
Pond 4
Village of Bald Bead Island
Brunswick
33' 51' 38"
-77° 59' 39"
1.38
01284 - Application Surface Irrigation
5.43
GPD1W
Pond 5
Village of Bald Head Island
Brunswick
33' 51' 42"
-77' 59' 42"
0.32
01284 - Application Surface Irrigation
5.43
GPD/I12
Total
3.74
Notes•
a. Disposal shall not occur in infiltratio❑ lagoon 3 as noted in Permit Condition 1.4
WQOOOO 193 Version 2.1 Attachment B Page I of 2

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WQDDDD 193 Version 2.1 Attachment B Page 2 of 2

ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Permit Number: WQ0000193 Version: 2.1
Monitoring wells: MW-I, MW-3, MW-4, MW-5, and MW-6
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
Parameter Description - Parameter Code
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
Water level, distance from measuring point - 82546
3 X year
a, b, c, and g
pil - 00400
6.50
8.50
su
3 X year
a, b, and g
Coliform, Fecal MF, M-FC Sroth,44.5C - 31616
3 X year
a and g
Solids, Total Dissolved- 180 Deg.0 - 70300
500.00
mgll
3 X year
a f and g
Carbon, Tot Organic (TOC) - 00680
3 X year
a and g
Chloride (as Cl) - 00940
250.00
mall
3 X year
a and g
Nitrogen, Ammonia Total (as N) - 00610
3 X year
a and g
Nitrogen, Nitrate Total (as N) - 00620
10.00
mg/l
3 X year
a and g
Phosphorus, Total (as P) - 00665
3 X year
a and g
Volatile Compounds, (GC/MS)
Annually
a, d, e, and g
a. 3 X year monitoring shall be conducted in March, July & November; Annual monitoring shall be conducted every November.
b. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement
of pH shall be made alter purging and prior to sampling for the remaining parameters.
c. 'fhe measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top
of casing) of all monitoring wells shall be surveyed relative to a common datum.
d. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods:
1. Standard Method 6230D, PQL at 0.5 µg/L or less
2. Standard Method 6210D, PQL at 0.5 µglL or less
3. EPA Method 8021, Low Concentration, PQL at 0.5 µglL or less
4. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less
5. Another method with prior approval by the Aquifer Protection Section Chief
Any method used must meet the following qualiftcations:
a. A laboratory must be DWQ certified to run any method used.
b. The method used must, at a minimum, include all the constituents listed in 'fable Vlll of Standard Method 6230D.
c. The method used must provide a PQL of 0.5,µg/L or less that must be supported by laboratory proficiency studies as required by the DWQ Laboratory Certification Unit. Any constituents
detected above the MDL but below the PQL of 0.5 µglL must be qualified (estimated) and reported.
e. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Wilmington Regional Office Aquifer Protection Supervisor, telephone
number [phone] must be contacted immediately for further instructions regarding any additional follow-up analyses required.
WQ0000193 Version 2.1 Attachment C Page 1 of 2

If TOC concentrations greater than 10 mg/l are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents
comprising this TOC concentration. If the TOC concentration as measured in the background monitorwell exceeds 10 mg/l, this concentration will be taken to represent the naturally occurring
TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above.
g. Monitoring wells shall be reported consistent with the nomenclature and location information provided in figure 1 and this attachment.
WQdddd 193 Version 2, l Attachment C Page 2 of 2