WQ0033770_Renewal Application_20210628

Initial Review
Reviewer Thornburg, Nathaniel D
Is this submittal an application? (Excluding additional information.)*
r Yes r No
Permit Number (IR)* WQ0033770
Applicant/Permittee Old North State Water Company, LLC
Applicant/Permittee Address PO Box 10127, Birmingham, AL 35202
Is the owner in BIMS? r Yes r No Is the facility in BIMS? r Yes r No
Owner Type Organization
Facility Name Carolina Plantation WWTP
County Onslow
Fee Category Major Fee Amount $0
Is this a complete
application?*
r Yes r No Complete App Date 06/28/2021
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Does this need review bythe hydrogeologist?* r Yes r No
Regional Office
CO Reviewer
Admin Reviewer
Below list any additional email address that need notification about a new project.
Email Address
Comments to be added to email notfication
Comments for Admin
Comments for RO

Comments for Reviewer
Comments for Applicant

Submittal Form
Project Contact Information
Rease provide information on the person to be contacted by NM Staff
Name * John Phillips
Email Address*
[e-mail]
electronic subnittal, confirmation of receipt, and other correspondence.
Project Information
........ ......... ....................................................................................................................................... .
Application/Document Type* r New (Fee Req ui red)
r Modification - Major (Fee Required)
r Renewal with Major Modification (Fee
Required)
r Annual Report
r Additional Information
r Other
Phone Number*
919-467-9972
O Modification - Minor
G Renewal
C GW-59, NDMR, NDMLR, NDAR-1,
NDAR-2
r Residual Annual Report
r Change of Ownership
We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form.
https://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report
Permit Type:*
r Wastewater Irrigation
r High -Rate Infiltration
r Other Wastewater
r Reclaimed Water
r Closed -Loop Recycle
r Residuals
r Single -Family Residence Wastewater
r Other
Irrigation
Permit Number:*
W00033770
Fbs Current Existing permit number
Applicant/Permittee *
Old North State Water Company, LLC
Applicant/Permittee Address*
PO Box 10127, Birmingham, AL 35202
Facility Name *
Carolina Plantation WWTP
Please provide comments/notes
on your current submittal below.
Submittal is for renewal of Permit WQ0033770.
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at [e-mail].
Please attach all information required or requested for this submittal to be reviewed here.*
(Application Form Engineering Rans, Spec'rfications, Calculations, Rc.)
Carolina Plantation Permit Renewal Application Package 6-
39.92MB
28-21.pdf
lA)load only 1 FLFdocurrent (less than 250 NU). Multiple docurrents must be combined into one R7Ffile unless file is larger than
upload linit.
* V By checking this box, I acknowledge that I understand the application will not be
accepted for pre -review until the fee (if required) has been received by the Non -
Discharge Branch. Application fees must be submitted by check or money order
and made payable to the North Carolina Department of Environmental Quality
(NCDEQ). I also confirm that the uploaded document is a single PDF with all parts
of the application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Signature r�
fI

Submission Date 6/28/2021

DIEHL & PHILLIPS, P.A.
CONSULTING ENGINEERS
1500 Piney Plains Road, Suite 200
Cary, North Carolina 27518
Telephone [phone] — Fax [phone]
TRANSMITTAL
TO: Non -Discharge Branch
NCDEQ, DWR, Water Quality Section
FROM: John F. Phillips, P.E.
RE: High Rate Infiltration System Permit Renewal Application
Carolina Plantation
Permit No. WQ0033770
DATE: June 28, 2021
WILLIAM C. DIEHL, P.E.
JOHN F. PHILLIPS, P.E.
ALAN R. KEITH, P.E.
Submitted via email to https://edocs.deq.nc.aov/forms/NonDischarae-Branch-Submittal-
Form-Vert as a single PDF
No. Of
Description
Remarks
Copies
1
Form HRIS-R 02-21
1
Site Maps 1 of 2 and 2 of 2
Additional information for
Attachment A
Certificate of Public Convenience and
Additional information for
1
Necessity
Attachment D
Additional Information for Attachment
1
F
Deed conveying property, easements,
Additional information for
1
and assets to ONSWC
Attachment G
Additional Information for Attachment
1
J
Please advise if you require any additional information for this permit renewal. Thank
you.
Cc: Mr. John McDonald, ONSWC
Mr. Sean McMillan, ONSWC

DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of Water Resources
15A NCAC 02T .0700 — HIGH -RATE INFILTRATION SYSTEM — RENEWAL
FORM: HRIS-R 02-21
Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting
documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A
NCAC 02T .0100, 15A NCAC 02T .0700, and Division Policies. For more information, visit the Water Quality Permitting
Section's Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments
uploaded as a single Portable Document Format (PDF) file to httt)s:Hedocs.deci.nc.gov/Forms/NonDischarge-Branch-Submittal-
Form-Ver2, or entailed to Non-Discharge.Reports(&ncdenr.gov if less than 20 megabytes (MB).
SECTION I
— APPLICANT INFORMATION
1.
Applicant: Old North State Water Company, LLC
2.
Permit No.: WQ0033770
3.
Signature authority: John McDonald
Phone number: [phone] Office
Title: Managing Member
Email: [e-mail]
4.
Mailing address: PO Box 10127
City: Birmingham
State: AL Zip: 35202-
5.
Contact person: John McDonald
Primary phone number: [phone] Select
Email: [e-mail]
Secondary phone number: [phone] Select
SECTION II — FACILITY INFORMATION
1. Physical address: 419 Old Towne Street County: Onslow Parcel No.:
City: Jacksonville
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: 34.820436' Longitude:-77.403836'
State: NC Zip: 28540-
Method: Digital or raw photo extraction
SECTION III— FLOW INFORMATION
1.
Permitted flow: 300000 GPD (The maximum allowable flow based on what has been permitted)
2.
As -built flow: 150000 GPD (The maximum allowable flow based on what has been constructed)
3.
Average flow: 160968 GPD (The average of all reported flows on the previous calendar year's NDMRs)
4.
Hydraulic capacity: 107 % (Divide the average flow in Item 3 by the As -built flow in Item 2) SEE "ADDITIONAL INFORMATION -
ATTACHMENT 'F"'
5.
Wastewater composition: Domestic: 100 % Industrial: % Stormwater: %
SECTION IV — BILLING INFORMATION
1. Billing address: PO Box 10127
City: Birmingham State: AL Zip: 35202-
2. Verify the Applicant does not have any overdue annual fees:
https:Hdeg .nc. gov/about/divisions/water-resources/water-resources-permits/wg-epUments
Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has
an unpaid annual fee.
FORM: HRIS-R 02-21 Page 1 of 6

SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION
1. ORC: Jeff Jarman
Grade: IV Certification No.: 13491
Mailing address: 156 Summersill School Road
City: Jacksonville
State: NC Zip: 28640-
Phone number: [phone] Select
Email: [e-mail]
2. Back -Up ORC: Ben Aragona Jr
Grade: IV Certification No.: 990429
Mailing address:
City:
State: Zip: -
Phone number: [phone] Select
Email: [e-mail]
SECTION VI — OPEN -ATMOSPHERE STRUCTURES
1. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if
necessary.
Type
Parcel No.
Volume (gal)
Liner Type
Freeboard (ft)
Latitude
Longitude
Select
Select
0-
°
Select
Select
0-
°
Select
Select
0-
°
Select
Select
0-
°
SECTION VII — RELATED PERMITS
1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit.
Attach additional sheets if necessary.
Permit Type
Permit No.
Relationship Type
Collection System
WQCS00374
Upstream sewer
Select
Select
Select
Select
Select
Select
SECTION VIII — MONITORING WELLS
1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary.
Well Name
Parcel No.
Status
Gradient
Location
Latitude
Longitude
MW-3
437904836645
Active
Upgradient
On Review Boundary
34.8202610
-77.4045690
MW-1
437904836645
Active
Downgradient
On Review Boundary
34.8219890
-77.4052830
MW-2
437904836645
Active
Downgradient
On Review Boundary
34.8214750
-77.4061610
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
FORM: HRIS-R 02-21 Page 2 of 6

SECTION IX — INFILTRATION SITES
7-List all infiltration sites associated with the renewing permit. Attach additional sheets if necessary.
County
Parcel No.
Deeded Owner
Area
Cover Crop
Latitude
Longitude
I
Onslow
437904836645
Old North State Water Co.,
LLC
0.49
NA
34.8206380
-77.4047090
2
Onslow
437904836645
Old North date Water Co.,
0.49
NA
34.8211000
-77.4055980
3
Onslow
437904836645
Old North date Water Co.,
0.49
NA
34.8215610
-77.4052450
4
Onslow
437904836645
Old North date Water Co.,
0.49
NA
34.8211200
-77.4043510
0
O
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
FORM: HRIS-R 02-21 Page 3 of 6

O O
Total Acreage: 1.96
ATTACHMENT A — SITE MAP r
Was the facility originally permitted or had a major modification issued after September 1, 2006?
® Yes — Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0704(d). These
requirements are:
E A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing
all facility -related structures and fences within the wastewater treatment, storage, and infiltration areas.
E Soil mapping units shown on all infiltration sites.
E The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage,
and infiltration sites.
E Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108.
E Setbacks as required by 15A NCAC 02T .0706.
E Site property boundaries within 500 feet of all wastewater treatment, storage, and infiltration sites.
E All habitable residences or places of public assembly within 500 feet of all treatment, storage, and infiltration sites.
❑ No — Skip Attachment A.
ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION
Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)?
® Yes — Skip Attachment B.
❑ No — Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign.
ATTACHMENT C — FLOW REDUCTION
Does the existing permit include an approved flow reduction?
❑ Yes — Submit a copy of the flow reduction approval letter, as well as 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
flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A
NCAC 02T .0114(f).
® No — Skip Attachment C.
ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Is the Applicant a Privately -Owned Public Utility?
® Yes — Pursuant to 15A NCAC 02T .0115(a)(1), submit the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise.
❑ No — Skip Attachment D.
ATTACHMENT E — OPERATIONAL AGREEMENT
Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold?
❑ Yes (Home/Property Owners' Association) — Pursuant to 15A NCAC 02T .0I 15(a)(2), submit an executed Operational Agreement
(FORM: HOA). Pursuant to 15A NCAC 02T .0115(c), if the applicant is a legally formed Homeowners' or Property Owner's
Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws.
❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement
(FORM: DEW Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the
Articles of Incorporation, Declarations, and By-laws.
® No — Skip Attachment E.
FORM: HRIS-R 02-21 Page 4 of 6

ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
Is the applicant a municipality, county, sanitary district, or public utility?
❑ Yes — Proceed to the next question.
® No — Skip Attachment F.
Does the hydraulic capacity in Section III, Item 4 exceed 70%?
❑ Yes (the hydraulic capacity is greater than 70%, but less than 80%) — Pursuant to 15A NCAC 02T .0118(1), prior to exceeding
80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee
shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall
outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system,
elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements.
If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be
met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other
measures to achieve waste flow reductions.
® Yes (the hydraulic capacity greater than 80%) — Proceed to the next question.
❑ No — Skip Attachment F.
If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%?
® Yes (the hydraulic capacity is greater than 80%) — Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the
system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all
permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed,
submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed
for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future
growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow
reductions.
❑ No — Skip Attachment F.
ATTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS
Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, infiltration, and groundwater
lowering (if applicable) system?
❑ Yes — Skip Attachment G.
® No — Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements
allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, infiltration, and groundwater
lowering (if applicable) system on property not owned by the Permittee.
ATTACHMENT H — AFFILIATIONS
Are the Permittee's affiliations of record correct? Check affiliations.
® Yes — Skip Attachment H.
❑ No — Provide the corrected affiliations and their contact information.
ATTACHMENT I— COMPLIANCE SCHEDULE
Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit)
❑ Yes — Submit documentation that the compliance schedules have been met.
® No — Skip Attachment I.
ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS I
Does the Permittee have any existing civil penalties or outstanding violations?
® Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request.
❑ Yes (violations) — Submit a copy of your response to the Notice of Violation.
❑ No — Skip Attachment J.
FORM: HRIS-R 02-21 Page 5 of 6

Does the wastewater composition in Section III, Item 5 include any industrial wastewater?
❑ Yes — Proceed to the next question.
® No — Skip Attachment K.
Has the nature of the industrial wastewater changed since the last permit issuance (i.e., changes in industrial process, introduction of
new materials or chemicals, etc.)?
❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 15A NCAC 02T .0704(h). Provide an
overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process;
and an overview of the cleaning and treatment methodology.
❑ No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the
manufacturing process; and an overview of the cleaning and treatment methodology.
Does the existing permit include setback waivers?
❑ Yes — Pursuant to 15A NCAC 02T .0706(d). provide setbacks waivers that have been written, notarized, signed by all parties
involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance
with 15A NCAC 02L .0107.
® No — Skip Attachment L.
1, John McDonald
(Signature authority's name as noted in Section I, Item 3)
that this application
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application package are not completed, and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T .0120(b), that the applicant, or any
parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned
a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance
schedule in a permit, settlement agreement, or order; not paid an annual fee.
Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106(b). An alternate person maybe delegated as
the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.6B, any
person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class
2 misdemeanor, whichpay include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: / /-AZ/ Date:
THE COMKETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA:
Email:
Non-Discha rae.Reuo rts(a)ncden r.eov
Laserfiche Upload:
h ttus://edoes.dcg.ne.2ov/Forms/NonDischa ree-Branch-
T Submittal-Form-Ver2
FORM: HRIS-R 02-21 Page 6 of 6

Additional Information for Attachment A

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Additional Information for Attachment D

STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
DOCKET NO. W-1300, SUB 2
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
In the Matter of
Application by Old North State Water )
ORDER GRANTING
Company, LLC, 1620 Chalks Road, )
CERTIFICATE OF PUBLIC
Wake Forest, North Carolina 27587, )
CONVENIENCE AND
Certificate of Public Convenience and )
NECESSITY AND
Necessity, in Carolina Plantations )
REQUIRING CUSTOMER
Subdivision, Onslow County, North )
NOTICE
Carolina, and for Approval of Rates )
BY THE COMMISSION: On June 20, 2013, Old North State Water Company,
LLC (ONSWC), filed an application seeking a certificate of public convenience and
necessity for the sewer utility system in Carolina Plantations Subdivision in Onslow
County, North Carolina, and approval of rates. The sewer system in Carolina
Plantations serves 819 customers.
Carolina Plantations' sewer system was installed and is owned by Carolina
Plantation Development Corporation (Developer), which has been providing the sewer
service. The water service is provided by the Onslow Water and Sewer Authority.
The Division of Water Quality of the North Carolina Department of Environment
and Natural Resources (DWQ) issued Permit No. WQ0033770 dated April 15, 2009, for
the construction and operation of a 300,000 gallon per day wastewater high -rate
infiltration and disposal facility at Carolina Plantations. Carolina Plantations' sewer
system has experienced some DWQ permit compliance issues, and the Developer
desires to transfer operations of the sewer system to a professionally operated,
Commission regulated public utility.
ONSWC's application requested Commission approval of a sewer residential
monthly flat rate of $45 per residential equivalent unit (REU). After the Public Staff's
audit and following extensive discussions with the Public Staff, ONSWC amended its
application to request residential and commercial monthly flat rates to $38 per REU.
The Asset Purchase Agreement between the Developer and ONSWC dated
May 31, 2013, states that ONSWC will pay Developer a purchase price of $500 per
connection. ONSWC has not applied for a connection fee.
On December 30, 2013, the Commission issued an Order Requiring Customer
Notice, Approving Temporary Operating Authority and Interim Rates. The interim rates
were subject to refund if lesser rates are later approved by the Commission. The Order

required that ONSWC provide customer notice and that the notice state that the matter
may be decided without a hearing if no significant protests are received within 30 days
of delivery of customer notice. The Certificate of Service and Undertaking was filed on
January 3, 2014. The customer protest period ended January 30, 2014. Only one
protest was received.
The Public Staff has stated that it believes that ONSWC has the technical,
managerial, and financial capacity to provide sewer utility service to Carolina
Plantations Subdivision. ONSWC has filed the required $20,000 bond and the bond was
accepted and approved by the Commission.
IT IS, THEREFORE, ORDERED as follows:
1. That Old North State Water Company, LLC, is hereby granted a certificate
of public convenience and necessity to provide sewer utility service for the Carolina
Plantations Subdivision in Onslow County, North Carolina.
2. That Appendix A constitutes the Certificate of Authority for Temporary
Operating Authority.
3. That the approved sewer monthly flat rate of $38.00 per residential
equivalent unit is the same as the previously approved interim rate. Therefore, no
customer refunds are required.
4. That the Schedule of Rates, attached as Appendix B, is approved for
ONSWC in Carolina Plantation Subdivision.
5. That the Notice to Customers, attached hereto as Appendix C, be mailed
with sufficient postage or hand delivered by ONSWC to all affected customers no later
than ten business days after the date of this Order; and that ONSWC shall submit to the
Commission the attached Certificate of Service properly signed and notarized not later
than 20 days from the date of this Order.
ISSUED BY ORDER OF THE COMMISSION.
This the 17th day of February , 2014.
NORTH CAROLINA UTILITIES COMMISSION
A6L l •'f'(lbum*
Gail L. Mount, Chief Clerk
Commissioner Susan W. Rabon did not participate.
2

STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
/_1»a1011W0190
DOCKET NO. W-1300, SUB 2
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
OLD NORTH STATE WATER COMPANY, LLC
is granted
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
for providing sewer service
in
CAROLINA PLANTATIONS SUBDIVISION
Onslow County, North Carolina
subject to any orders, rules, regulations
and conditions now or hereafter lawfully made
by the North Carolina Utilities Commission.
ISSUED BY ORDER OF THE COMMISSION.
This the 17t" day of February , 2014.
NORTH CAROLINA UTILITIES COMMISSION
sail l .'f'(lourn*
Gail L. Mount, Chief Clerk

APPENDIX B
SCHEDULE OF RATES
for
OLD NORTH STATE WATER COMPANY, LLC
for providing sewer utility service in
CAROLINA PLANTATIONS SUBDIVISION
Onslow County, North Carolina
Monthly Flat Rate Residential Sewer Service: $38.00 per REU
Monthly Flat Rate Commercial Sewer Service: $38.00 per REU
New Account Fee:
Reconnection Charge:
Returned Check Fee:
Bills Due:
Bills Past Due:
Billing Frequency:
Finance Charges for Late Payment
$15.00
Actual cost
$25.00
On billing date
15 days after billing date
Shall be monthly for service in arrears
1.0% per month will be applied to the
unpaid balance of all bills still past due
25 days after billing date.
Issued in Accordance with Authority Granted by the North Carolina Utilities Commission
in Docket No. W-1300, Sub 2, on this the 17t" day of February , 2014.

STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
APPENDIX C
NOTICE TO CUSTOMERS
DOCKET NO. W-1300, SUB 2
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
Notice is given that Old North State Water Company, LLC (ONSWC), has beem
granted a Certificate of Public Convenience and Necessity for the sewer utility system in
Carolina Plantations Subdivision in Onslow County, North Carolina, and rates have
been approved. ONSWC approved rates are as follows:
Monthly Flat Rate Residential Sewer Service:
Monthly Flat Rate Commercial Sewer Service:
New Account Fee:
Reconnection Charges:
Returned Check Fee:
Bills Due:
Bills Past Due:
Billing Frequency:
Finance Charges for Late Payment
This the 17t" day of February , 2014.
$38.00 per REU
$38.00 per REU
$15.00
Actual cost
$25.00
On billing date
15 days after billing date
Shall be monthly for service in arrears
1 % per month will be applied to the
unpaid balance of all bills still past due
25 days after billing date.
NORTH CAROLINA UTILITIES COMMISSION
sail �.'C(loum�t
Gail L. Mount, Chief Clerk

Additional Information for Attachment F — Form HRIS-R 02-21
Permit Renewal Application for Carolina Plantation
Permit No. WQ0033770
The average daily flow for Carolina Plantation Wastewater Treatment Plant for 2020
exceeded the flow limitation in the subject permit. However, it was noted that the plant
piping at the effluent flow meter was causing inaccuracies in the effluent flow
measurements. An existing 90-degree bend was removed and a tee was installed in its
place to vent the piping, and this modification allowed the flowmeter to accurately
measure and record the effluent flows. There have been no exceedances of the permitted
monthly flow limit since the piping modification was made. This piping change and the
resulting reduction in measured flows was documented to the Wilmington regional office
in an October 12, 2020, letter from Old North State Water Company.
Although the corrected flows are now averaging more than 90% of the permitted flows,
it must be noted that the Carolina Plantation development is fully constructed. There are
no additional sources of wastewater proposed for the Carolina Plantation Wastewater
Treatment Plant. Based on current flows now being less than the rated capacity of the
treatment plant and there being no plans for additional influent flows, Old North State
Water Company does not propose to expand the existing treatment facility and is
therefore not pursuing any permits or approvals for a plant expansion.

Additional Information for Attachment G

P�Jge V of 38
This Mlitles that there
the 00,10" County'In
Parcel Idenlificatin.
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Matches IN. deed de:
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Doc : 03/04/2014a1Idt 30CR
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e8987.00Page 38
FeoAt:
Hale Revenue Tax: $869.00
Ons1GW County NC of Deeds
Rebecca L. Pollard R-9.
BK4i21 p0789-826
DEED
Revenue Stamps: $ etp o 0
❑ If checked, the property includes the primary residence of the party of the first part.
(N.C. Gen. Stat. § 105-317.2)
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
THIS DEED, made and entered into this the 3 day of n-� Ar,y, , 2014
by and between CAROLINA PLANTATION DEVELOPMENT CORPORATION, party of the
first part (the address of the party of the first part is: 100 Carolina Plantations Boulevard,
Jacksonville, NC 28546); and OLD NORTH STATE WATER COMPANY, LLC, party of the
second part (the address of the party of the second part is: 1620 Chalk Road, Wake Forest,
NC 2758
WITNESSETH:
That the party of the first part in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable considerations to said party paid by the party of the
second part, the receipt of which hereby is acknowledged, has bargained and sold and by these
presents does bargain, sell and convey unto the party of the second part, said party's successors
and assigns, subject, however, to the restrictions, terms, provisions and conditions hereinafter set
forth, the following described property, to wit:
Prepared by Ward and Smith, P.A., 1001 College Court (28562), Post Office Box 867, New
Bern, NC 28563-0867
PIease return to:
No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinion on
title from Ward and Smith, P.A.
Book: 4121 Page: 789 Page 1 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 1

PMe 2 of 38
All those certain tracts or parcels of land lying and being situate in
Onslow County, North Carolina, and being more particularly
described as follows:
Hereby conveyed is the property depicted as 19.24 +/- acres
on a map entitled "Waste Water Treatment Plant Site at
Carolina Plantations Subdivision," said map being recorded
in Map Book (p6 , Page ro , Cab'. -
Slide . This conveyance includes the
wastewater treatment plant and the four (4) High Rate
Infiltration Ponds currently located on the 19.24 +/- acre
tract.
2. This conveyance is made together with a non-exclusive,
perpetual easement for ingress, egress, access and the
installation and maintenance of utilities over the area
depicted as "Gravel Drive Access Easement Area (0.37
Ac.)" on a map entitled "Waste Water Treatment Plant Site
at Carolina Plantations Subdivision," said map being
recorded in Map Book , Page
Slide . C4011_ei
3. This conveyance includes those sewer lines and sewer
appurtenances located beneath the following streets in
Carolina Plantations Subdivision, together with a
non-exclusive, perpetual easement in and to those streets to
construct, maintain and repair such sewer lines and sewer
appurtenances, always to be located underground and with
repairs to the surface required to be timely performed by
the party who owns the easement. The street names and
recording information are as follows:
Carolina Plantations Boulevard - Map Book 60,
Page 88, Map Book 60, Page 204
Seville Street - Map Book 60, Page 88, Map Book
60, Page 127
Book: 4121 Page: 789 Page 2 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 2

P�Jge V of 38
Marseille Court - Map Book 60, Page 127
Durban Lane - Map Book 60, Page 127
Kingston Road - Map Book 60, Page 127, Map
Book 60, Page 177
Sonoma Road - Map Book 60, Page 204, Map Book
61, Page 92, Map Book 61, Page 91, Map Book 64,
Page 77, Map Book 64, Page 200,
Merin Height Road - Map Book 60, Page 204, Map
Book 62, Page 9, Map Book 62, Page 76, Map
Book 63, Page 190, Map Book 64, Page 185, Map
Book 65, Page 17, Map Book 64, Page 200
Hughes Lane - Map Book 62, Page 9
Skye Court - Map Book 62, Page 9
Arabella Drive - Map Book 62, Page 76, Map Book
62, Page 184, Map Book 64, Page 200
Radiant Drive - Map Book 62, Page 76, Map Book
63, Page 102, Map Book 63, Page 190, Map Book
64, Page 104, Map Book 65, Page 67, Map Book
66, Page 64
Dynamo Lane - Map Book 62, Page 184, Map Book
63, Page 102
Periwinkle Court - Map Book 62, Page 184
Dahlia Court - Map Book 62, Page 184
Mariposa Court - Map Book 63, Page 102
Nia Court - Map Book 63, Page 190
Cavalier Drive - Map Book 64, Page 104, Map
Book 66, Page 64
Dynasty Drive - Map Book 65, Page 67, Map Book
66, Page 64, Map Book 64, Page 185
Book: 4121 Page: 789 Page 3 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 3

POdge V of 38
Merlin Court - Map Book 65, Page 67
Appling Court - Map Book 65, Page 17
Roswell Lane - Map Book 65, Page 17
Solomon Drive - Map Book 65, Page 17, Map Book
66, Page 10, Map Book 64, Page 200
Stafford Lane - Map Book 66, Page 10
Glen Cannon Drive - Map Book 62, Page 161, Map
Book 63, Page 100
Cedar Hill Road - Map Book 60, Page 200
Falls Cove - Map Book 60, Page 200
4. This conveyance includes those sewer lines and sewer
appurtenances located outside of recorded streets but
beneath the following recorded utility easements in
Carolina Plantations Subdivision, together with a
non-exclusive, perpetual easement to construct, maintain
and repair such sewer lines and sewer appurtenances,
always underground and with repairs to the surface
required to be immediately performed by the party who
owns the easement, as follows:
a. Sewer mains designated as "A", `B", "C", "D",
"E", "F", "G", "H", and "I" as depicted on the map
entitled "Easement Map — Irrigation Ponds and
Sewer Mains at Carolina Plantations Subdivision
(Sheets 1, 2 and 3)" recorded in Map
Book, Page
Slide Ctbtnet N
b. Blanket 20' drainage and utility easements in
common areas as recorded in Map Book 63, Page
100 and Map Book 62, Page 161.
Book: 4121 Page: 789 Page 4 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 4

PMe 9 of 38
This conveyance includes a non-exclusive, perpetual
easement for the purposes of storing groundwater (and not
wastewater) in two (2) irrigation ponds depicted as
"Irrigation Pond #1" and "Irrigation Pond #2" on Sheet 1 of
3 of the map recorded in MBgok (o $
Page I I Slide bap, i� . The Irrigation Ponds
are also sometimes referred to herein as "Entrance Ponds".
The party of the first part, for itself and its successors and
assigns in the development of Carolina Plantations
Subdivision, reserves, retains and excepts the right to
withdraw water from the two (2) Irrigation Ponds to irrigate
areas in Carolina Plantations Subdivision from time to time
as determined by it in its discretion.
The party of the first part, for itself and its successors and
assigns in the ownership of Carolina Plantations
Subdivision as described by deeds recorded in Book 2149,
Page 44 and Book 2347, Page 851, reserves, retains and
excepts the two (2) Existing Sign Easements, one (1) within
the area depicted as Irrigation Pond #1 and one (1) within
the area depicted as Irrigation Pond #2 as shown on Sheet 1
of 3 on the map recorded in Map Book !�28 '
Page 1 I , Slide said Sign Easements
also being shown on a map recorded in Map Book 60, Page
88 and further reserves, retains and excepts the right and
easement (but has no obligation) to perform maintenance
upon the two (2) Irrigation Ponds, including mowing the
grass, trimming the vegetation and removing algae.
This conveyance includes the groundwater force main to
supply the irrigation ponds together with a non-exclusive,
perpetual easement to construct, maintain and repair same,
always underground and with repairs to the surface
required to be timely performed by the party who owns the
easement, within the recorded easements as follows:
Book: 4121 Page: 789 Page 5 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 5

P�Jge of 38
a. The easement between lots 128 and 129 as recorded
in Map Book 60, Page 204.
b. The easement along the western side of Carolina
Plantations Boulevard as recorded in Map Book 60,
Page 204 and Map Book 60, Page 88.
This conveyance includes the sewage pumping station
apparatus, together with a non-exclusive, perpetual
easement to install, maintain, repair and replace same in, on
and under the property depicted as "HOA Sewage Pumping
Station Open Space" on the map recorded in Map Book 60,
Page 204.
8. This conveyance is made subject to easements of record
or on the ground and subject to those certain restrictive
covenants set forth on Exhibit A and Exhibit A-1
attached hereto. This conveyance is made subject to ad
valorem taxes for 2014, which taxes are prorated as of the
date of closing.
9. This conveyance is made pursuant to the terms of the Asset
Purchase Agreement between the parties dated May 31,
2013 and amended on November 27, 2013 and January 21,
2014 (collectively the "APA"). Excerpts of portions of the
APA are attached hereto as Exhibit B. The entire APA
constitutes a part of this conveyance and this conveyance
and the APA constitute a contract between the party of the
first part and the party of the second part. The provisions
of the APA, including, but not limited to, the provisions set
forth in Exhibit B shall survive closing and the execution,
delivery and recording of this deed and shall benefit both
the property located in Carolina Plantations Subdivision as
described by deeds recorded in Book 2149, Page 44 and
Book 2347, Page 851 and any other property designated by
the party of the first part to benefit from same and shall
burden the property herein described and conveyed. The
Book: 4121 Page: 789 Page 6 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 6

PMe Y of 38
party of the first part, for itself and its successors and
assigns, reserves and retains for the benefit of the property
in Carolina Plantations Subdivision and for the benefit of
such other property as designated by the party of the first
part, each of the rights and easements granted to or
reserved by the party of the first part as set forth in the
APA and the obligations of the party of the second part as
set forth in the APA, including, but not limited to, the
following:
a. The non-exclusive, perpetual right and easement for
the benefit of the property in Carolina Plantations
Subdivision, the property described in the deed
recorded in Book 2149, Page 44, and Book 2347,
Page 851 and other property designated by the party
of the first part and its successors and assigns, to
use and be provided sewer service by the
Wastewater System in Carolina Plantations
Subdivision as defined in the APA and the various
properties, easements and components of the
Wastewater System in Carolina Plantations
Subdivision as described in the APA, this Deed and
a Bill of Sale of on or about even date herewith
from the party of the first part to the party of the
second part, but subject to the amounts of the tariff
to be charged for such service as provided by the
APA.
b. The Construction Easement to expand the size and
add to the property benefited by the Wastewater
System as defined in Section 5.4 and other sections
of the APA.
C. The Dirt Removal Easement as defined in Section
5.5 and other sections of the APA.
Book: 4121 Page: 789 Page 7 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 7

PQe of 38
d. The obligation of the party of the second part, its
successors and assigns in the ownership of the
Wastewater Systems in Carolina Plantations
Subdivision to perform all obligations with respect
to the operation of the Wastewater Assets and to
operate, maintain, repair and replace the
Wastewater Systems in a first class manner, in
compliance with permits required of such a system,
and in compliance with the permits of the North
Carolina Utilities Commission and the North
Carolina Department of Environment and Natural
Resources, including its Division of Water Quality
Division in order to provide wastewater service to
Carolina Plantations Subdivision and any other
property designated by the party of the first part as
defined in Section 8.2, 9.1 and 9.3 and other
sections of the APA, but subject to the amounts of
the tariff to be charged for such service as provided
by the APA.
e. The right to designate and add to the property to be
served by the Wastewater System and to determine
whether there will be a fee to be paid to the party of
the first part, its successors and assigns for such use
other than the tariff charged for such use, and if so,
in what amount, as provided in Sections 4.2, 4.3,
4.4, 5.1, 5.3, 5.6, 12.19 and other sections of the
APA.
£ The right to enforce against the party of the second
part, the assignment provisions as set forth in
Section 12.5, 12.19 and other sections of the APA.
g. The right to assign all or a portion of the rights of
the party of the first part as set forth in
Section 12.20 and other sections of the APA.
Book: 4121 Page: 789 Page 8 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 8

PQe of 38
h. The right to enforce the default provisions against
the party of the second part as set forth in Section
12.21 and other sections of the APA.
10. The property and easements conveyed by this deed are
subject to easements and restrictions of record, including
the Weyerhaeuser minerals reservation and to the
easements and other matters set forth on the recorded maps
of the property or referenced in this deed.
TO HAVE AND TO HOLD said property and all privileges and appurtenances
thereunto belonging to the party of the second part, said party's successors and assigns forever,
subject, however, to the matters set forth herein.
And the party of the first part covenants that said party is seized of said property
in fee and has the right to convey same in fee simple; that the same is free from encumbrances
except any encumbrances or restrictions mentioned above and that said party will warrant and
defend the title to the same against the lawful claims of all persons whomsoever.
The party of the second part joins in the execution of this deed in order to agree to
the terms hereof.
A. Sydes Construction, Inc. joins in the execution of this deed to convey and
hereby does convey to the party of the second part, its successors and assigns, the ownership
interests of A. Sydes Construction, Inc. in the property and easements herein described and
conveyed, subject to the matters, easements, restrictions and reservations set forth herein which
also shall benefit both A. Sydes Construction, Inc. and Carolina Plantation Development
Corporation and their successors and assigns.
References in this document to Books and Pages and Map Books, Pages and
Slides are to instruments recorded in the office of the Register of Deeds of Onslow County. The
maps referenced herein to describe property are incorporated herein by reference for a more
Book: 4121 Page: 789 Page 9 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 9

PQe 18fot 38
perfect description of the property described. Each Exhibit referenced herein is attached hereto
and incorporated herein by reference. Unless the context otherwise directs or their documents
otherwise provide, all references to the party of the first part, the party of the second part and
A. Sydes Construction, Inc. in the document shall mean the party referred to and its successors
and assigns
IN TESTIMONY WHEREOF, the party of the first part, the party of second part
and A. Sydes Construction, Inc. have caused this instrument to be executed in such form as to be
binding, this the day and year first above written.
CAROLINA PLANTATION DEVELOPMENT
CORPO4Sydes
i
By:
residen
OLD NORTH STATE WATER COMPANY, LLC
John L., McDonald, Manager
A. SYDES CONSTRUCTION, INC.
By: A2
A. Sydes, Presici
Book: 4121 Page: 789 Page 10 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 10

PQe I VON
STATE OF NO TH QAROLINA
COUNTY OF 0061ON
I certify that the following person personally appeared before me this day, acknowledging to me
that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein: A. Sydes, President of Carolina P1autai.Qn Development Corporation.
Date: o o imiq
Of
VV k
�i.PahPwiy)►)
Nohary's printed or typed name (�
My commission expires: U
"4,wP.oU/ poi
�QTA/,1y
='�• tee` :��
0W CoU�;�����
Notary sea] or stamp must appear within this box.
Book: 4121 Page: 789 Page 11 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 11

WoY38
R t ahavv.a.
STATE OF
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein: John L. McDonald, Manager of Old North State Water Company, LL_C.
Date: A.a-7, � l�'t
(Official
a`,P%%, E LEN "4"
L
QQNpTgjPy'QiCc�
T4 t •.My Comm UP ' '4
Bee.18, tot 1 ? o
e0y oUBI...ZIA
AD Wt;0
Notary
Signature of Notary Public
Notary's printed or typed name
My commission expires: \Q,-1J-11_._.___.
,ear within this box.
Book: 4121 Page: 789 Page 12 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 12

PQe i SV 38
STATE OF NOR�Ii� .A,ROOL�I�TA
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein: A. Svdes. President of A. Svdes Construction. Inc.
Date:
Notary's printed or
My commission expires:
Notary seal or stamp must appear within this box.
100147-00007
ND: 4827-8175-0039, v. 1
Book: 4121 Page: 789 Page 13 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 13

P�9ge i Vof 38
EDIT A
Restrictive Covenants
1. The property conveyed by this deed is conveyed subject to the following
restrictive covenants which shall benefit the party of the first part, its successors and assigns.
The property conveyed by this deed may be used only for the purposes of the operation,
maintenance, upgrade or expansion of a wastewater sewer system for the collection,
transmission, treatment, holding and disposal of wastewater necessary to provide sewer service
to Carolina Plantations Subdivision, including all of the property described by the deeds recorded
in Book 2149, Page 44 and Book 2347, Page 851, and such other property as from time -to -time
is designated by the party of the first part, its successors and assigns, and for no other purpose.
2. Except as hereinafter provided in this Paragraph 2, the property conveyed by this
deed may not be subdivided but shall be retained by the party of the second part and its
successors and assigns as an integral unit. It is provided, however, that the property may be
subdivided by the party of the second part if such subdivision is for the purpose of enhancing the
provision of wastewater services to Carolina Plantations Subdivision or other service areas
designated by the party of the first part, its successors or assigns.
3. This conveyance is made subject to the Carolina Plantations Subdivision
restrictive covenants set forth on Exhibit A-1 attached hereto and incorporated herein by
reference. The property and easements conveyed by this deed are not numbered lots restricted to
residential use. The owner of the property and easements conveyed by this deed is not required
to pay any property owners association assessments and is not required or permitted to become a
member of any property owners association in Carolina Plantations Subdivision or its various
sections.
4. The benefit of these restrictive covenants shall run to the party of the first part, its
successors and assigns in the ownership of Carolina Plantations Subdivision and any other
property from time to time designated by the party of the first part or its successors and assigns.
Book: 4121 Page: 789 Page 14 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 14

PQe 19fof 38
EXHIBIT A-1
Document
Recording Info.
Declaration of Carolina Plantations
3435/457
Amendment to Declaration of Carolina Plantations
3490/915
Supplemental Declaration of Carolina Plantations and Second Amendment
3790/751
to Declaration of Carolina Plantations(Bristol Heights, Section I -A
Supplemental Declaration of Carolina Plantations and Third Amendment to
3827/100
Declaration of Carolina Plantations (Bristol Heights, Section I-B
Declaration of Covenants, Conditions and Restrictions for Crown Park at
3435/507
Carolina Plantations
Amendment to Declaration of Covenants, Conditions and Restrictions for
3517/267
Crown Park at Carolina Plantations
Amendment to Declaration of Covenants, Conditions and Restrictions for
3627/282
Crown Park at Carolina Plantations
Third Amendment to Declaration of Covenants, Conditions and Restrictions
3637/287
for Crown Park at Carolina Plantations
Fourth Amendment to Declaration of Covenants, Conditions and
3848/775
Restrictions for Crown Park at Carolina Plantations
Supplemental Declaration of Covenants, Conditions and Restrictions for
3451/193
Crown Park at Carolina Plantations Crown Park, Section I
Supplemental Declaration of Carolina Plantations (Crown Park, Section II)
3451/197
Supplemental Declaration of Covenants, Conditions and Restrictions for
3470/882
Crown Park at Carolina Plantations Crown Park, Section I
Supplemental Declaration of Carolina Plantations Crown Park, Section II
3470/886
Supplemental Declaration of Carolina Plantations and Third Amendment to
3799/799
Declaration of Carolina Plantations (R ker Trace, Section I -A
Supplemental Declaration of Carolina Plantations Great Neck, Section
3486/19
Declaration of Covenants, Conditions and Restrictions for Great Neck at
3486/24
Carolina Plantations
Amendment to Declaration of Covenants, Conditions and Restrictions for
3517/261
Great Neck at Carolina Plantations
Amendment to Declaration of Covenants, Conditions and Restrictions for
3627/276
Great Neck at Carolina Plantations
Third Amendment to Declaration of Covenants, Conditions and Restrictions
3637/275
for Great Neck at Carolina Plantations
Fourth Amendment to Declaration of Covenants, Conditions and
3848/781
Restrictions for Great Neck at Carolina Plantations
Supplemental Declaration of Carolina Plantations (Great Neck, Section II-
3542/510
A
Supplemental Declaration of Covenants, Conditions and Restrictions for
3542/515
Great Neck at Carolina Plantations Great Neck, Section II -A
Supplemental Declaration of Carolina Plantations (Great Neck, Section II-
3605/752
B
Supplemental Declaration of Covenants, Conditions and Restrictions for
3605/758
Great Neck at Carolina Plantations Great Neck, Section II-B
Book: 4121 Page: 789 Page 15 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 15

PQe 19fof 38
Supplemental Declaration of Carolina Plantations (The Burroughs, Section
3500/54
I -A
Declaration of Covenants, Conditions and Restrictions for The Burroughs at
3500/60
Carolina Plantations
Amendment to Declaration of Covenants, Conditions and Restrictions for
3517/264
The Burroughs at Carolina Plantations
Second Amendment to Declaration of Covenants, Conditions and
3539/621
Restrictions for The BurroH& at Carolina Plantations
Third Amendment to Declaration of Covenants, Conditions and Restrictions
3567/193
for The Burroughs at Carolina Plantations
Supplemental Declaration of Carolina Plantations (The Burroughs, Section
3642/133
I-B)
Supplemental Declaration of Covenants, Conditions and Restrictions for
3642/141
The Burroughs at Carolina Plantations (The Burroughs, Section I-B
Supplemental Declaration of Covenants, Conditions and Restrictions for
3716/5
The Burroughs at Carolina Plantations The Burroughs, Section I-C
Supplemental Declaration of Carolina Plantations (The Burroughs, Section
3716/12
I-C
Declaration of Withdrawal of Property from the Burroughs at Carolina
3854/973
Plantations
Supplemental Declaration of Carolina Plantations (Regal Hill
3542/519
Declaration of Covenants, Conditions and Restrictions for Regal Hill at
3542/524
Carolina Plantations
Amendment to Declaration of Covenants, Conditions and Restrictions for
3627/280
Regal Hill at Carolina Plantations
Second Amendment to Declaration of Covenants, Conditions and
3637/281
Restrictions for Regal Hill at Carolina Plantations
Supplemental Declaration of Carolina Plantations (Monarch Meadow,
3587/331
Section I -A)
Amended Supplemental Declaration of Carolina Plantations (Monarch
3593/67
Meadow, Section I -A
Declaration of Covenants, Conditions and Restrictions for Monarch
3587/275
Meadow at Carolina Plantations
Amendment to Declaration of Covenants, Conditions and Restrictions for
3593/64
Monarch Meadow at Carolina Plantations
Supplemental Declaration of Carolina Plantations (Monarch Meadow,
3618/493
Section I-B
Supplemental Declaration of Carolina Plantations (Monarch Meadow,
3618/499
Section I-B
Amendment to Declaration of Covenants, Conditions and Restrictions for
3627/278
Monarch Meadow at Carolina Plantations
Third Amendment to Declaration of Covenants, Conditions and Restrictions
3637/293
for Monarch Meadow at Carolina Plantations
Supplemental Declaration of Carolina Plantations (Monarch Meadow,
3649/232
Section I-C)
Book: 4121 Page: 789 Page 16 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 16

P�Jge 1Yfoh8
Supplemental Declaration of Carolina Plantations (Monarch Meadow,
3649/240
Section I-C
Declaration of Covenants, Conditions and Restrictions for Monarch
3716/21
Meadow Section 2-A at Carolina Plantations
Supplemental Declaration of Carolina Plantations (Monarch Meadow,
3716/28
Section 2-A
Declaration of Covenants, Conditions and Restrictions for Monarch
3742/782
Meadow Section 2-B at Carolina Plantations
Supplemental Declaration of Carolina Plantations (Monarch Meadow,
3742/790
Section 2-B
Amendment to Declaration of Covenants, Conditions and Restrictions for
3848/787
Monarch Meadow at Carolina Plantations
Declaration of Covenants, Conditions and Restrictions for Bristol Heights
3790/761
Section 1 A at Carolina Plantations
Declaration of Covenants, Conditions and Restrictions for Bristol Heights
3827/111
Section I at Carolina Plantations
Supplemental Declaration of Carolina Plantations (Bristol Heights, Section
3945/264
I-C
Supplemental Declaration of Covenants, Conditions and Restrictions for
3945/273
Bristol Heights at Carolina Plantations(Bristol Heights, Section I-C
Supplemental Declaration of Carolina Plantations and Amendment to
3827/942
Declaration of Carolina Plantations(Bartlett Square, Section 1)
Declaration of Covenants, Conditions and Restrictions for Bartlett Square at
3828/1
Carolina Plantations
Supplemental Declaration of Carolina Plantations and Amendment to
3848/758
Declaration of Carolina Plantations (Bartlett Square, Section 11)
Supplemental Declaration of Covenants, Conditions and Restrictions for
3848/768
Bartlett Square at Carolina Plantations(Bartlett Square, Section I
Declaration of Covenants, Conditions and Restrictions for Ryker Tract at
3799/809
Carolina Plantations
Supplemental Declaration of Carolina Plantations (Ryker Trace, Section 1-
3896/325
B
Supplemental Declaration of Covenants, Conditions and Restrictions for
3896/335
R ker Trace at Carolina Plantations Section I-B
Supplemental Declaration of Carolina Plantations (Ryker Trace, Section 1-
3967/886
C
Supplemental Declaration of Covenants, Conditions and Restrictions for
3967/895
R ker Trace at Carolina Plantations Section I-C)
Declaration of Covenants, Conditions and Restrictions for Bentley Park
3716/44
Section 1 at Carolina Plantations
Supplemental Declaration of Carolina Plantations(Bentley Park - Section I
3716/37
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EIMIT B
[ITEMS ADDED OR OMITTED FROM THE ORIGINAL ASSET PURCHASE
AGREEMENT ARE IN BRACKETS AND/OR
THERE IS A NOTE THAT THE ITEM HAS BEEN REDACTED]
ASSET PURCHASE AGREEMENT
THIS AGREEMENT (this "Agreement") is entered into as of the 31 day of May, 2013
by and between Carolina Plantation Development Corporation, a North Carolina corporation
(hereinafter referred to as "CP"), and Old North State Water Company, LLC, a North
Carolina limited liability company (hereinafter referred to as "ONSWC") (individually referred
to as a "Party" and collectively referred to as the "Parties").
WITNESSETH:
(capitalized terms are defined in Article t)
WHEREAS, CP is the developer of the Carolina Plantations Subdivision as described by
deeds recorded in Book 2149, Page 44 and Book 2347, Page 851 in the office of the Register of
Deeds of Onslow County, a portion of which has been subdivided and platted;
WHEREAS, ONSWC is engaged in the business of owning and operating water and
wastewater utility assets and furnishing wastewater utility operation and maintenance services in
the State of North Carolina;
WHEREAS, CP, in accordance with the CP Permit, currently operates Phase I (150,000
GPD) of the Wastewater Treatment Plant to serve Carolina Plantations;
WHEREAS, CP has agreed to transfer to ONSWC certain of its rights, titles and interests
in and to the wastewater assets owned by it in connection with the Wastewater Treatment Plant,
the portion to be transferred being hereinafter called Wastewater Assets; and
WHEREAS, ONSWC has agreed to accept the Wastewater Assets and, thereafter, to own
and operate the Wastewater Assets in accordance with applicable law and the terms and
conditions of this Agreement for the benefit of Carolina Plantations.
NOW, THEREFORE, in consideration of the mutual covenants as hereinafter set forth,
the Parties hereto agree as follows:
ARTICLE I
Definitions
1.1. `Agreement" shall mean this Asset Purchase Agreement.
1.2. "Certificate" or "CPCN" shall mean a Certificate of Public Convenience and
Necessity for wastewater utility service issued by the North Carolina Utilities Commission, as
amended from time to time.
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1.3. "Closing" is defined in Article VIII hereof.
1.4. "Closing Date" shall mean the date of the Closing.
1.5. "Certificate Extension " shall mean an extension to the Certificate, if applicable.
1.6. "Collection System Permits" shall mean, collectively, those permits issued by the
North Carolina Division of Water Quality for the construction and operation of the Wastewater
Collection System, including all modifications thereto.
1.7. "Commission" or "NCUC" shall mean the North Carolina Utilities Commission.
1.8. "DENR" shall mean the North Carolina Department of Environment and Natural
Resources.
1.9. "DWQ" shall mean the Division of Water Quality of DENR
1.10. "Governmental Authority" shall mean each and every applicable authority,
department, agency, bureau, or other entity or instrumentality having jurisdiction over the
Wastewater System, including the federal government of the United States, the North Carolina
State government and any subdivisions and municipalities thereof, including the Onslow County
government, and all other applicable governmental authorities and subdivisions thereof.
1.11. "High Rate Infiltration Ponds " (Carolina Plantations Ponds) shall mean the
high -rate infiltration treatment and disposal facilities, consisting of four (4) high rate infiltration
ponds (High Rate Infiltration Ponds), the underdrain to serve the ponds, and all appurtenant
equipment, located in which the reuse effluent is disposed after treatment at the Wastewater
Treatment Plant as described on Exhibit A. The High Rate Infiltration Ponds are depicted on
Exhibit C.
1.12. "GPD" means gallons per day.
1.13. "Carolina Plantations Subdivision" or "Carolina Plantations" shall mean the
approximately 469 acres of real property identified in the deeds recorded in Book 2149, Page 44
and Book 2347, Page 851 in the office of the Register of Deeds of Onslow County, upon which
the Carolina Plantations Subdivision is being or may be developed. Some of the property in
Carolina Plantations is owned by A. Sydes Construction, Inc. ("Sydes") which is an affiliate of
CP. The Permit is in the name of Sydes. Sydes is executing this Agreement to agree to transfer
the Permit to ONSWC at Closing, and ONSWC agrees that Sydes and CP and the property in
Carolina Plantations owned by Sydes and CP, each are beneficiaries of ONSWC's agreements set
forth herein.
1.14. "Non -Discharge Permit" and "Permit" shall mean the permit for the operation of
the Wastewater System issued by DWQ as Permit No. WQ0033770, as amended by Permit No.
WQ0034796 Modification [REDACTED], and any subsequent modifications thereto.
1.15. "REU" shall mean one Residential Equivalent Unit, as defined as follows:
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(a) If there is no water or wastewater meter for such Unit: 360 GPD per residence, or
120 GPD per bedroom or other flow allocation criteria as has been approved by the North
Carolina Division of Water Quality.
(b) If there is a water and/or a wastewater meter:
Meter Size
REU
less than 1"
1
1"
2.5
1.5"
5.0
2"
8.0
3"
15.0
4"
25.0
6"
50.0
It is provided, however, that notwithstanding the foregoing, the residential dwellings
located at 2117 Lenox Street and 2108 Lenox Street in Carolina Plantations Subdivision shall
each be treated as one (1) REU. While those residential dwellings have a larger meter and
service size, the larger meters and service size were installed to accommodate friction losses
associated with the length of the service and not increased demand. Further, it shall be deemed
appropriate and reasonable for ONSWC to determine that the allocation for sewer capacity
associated with those residential dwellings is consistent with DWQ rules for one (1) REU and
each will therefore be treated as one (1) REU.
1.16 "Reuse Effluent" shall mean the wastewater that has been treated to the point that
it meets the quality standards required by the Non -Discharge Permit.
1.17. "Service Line" shall mean that portion of the individual household wastewater
line that ONSWC will own (or have easement rights to) and maintain. The Service Line shall
include that portion of the line that is located within a recorded easement for the benefit of CP
from the cleanout to the wastewater main at or near the street. For any case where a cleanout
does not exist, the Service Line shall mean that portion of the individual household wastewater
line that ONSWC will own (or have easement rights to) and maintain. The Service Line shall
include that portion of the line that is located within a recorded easement for the benefit of CP to
the wastewater main at or near the street.
1.18. "Utility Company" shall mean a public or private company duly authorized by
NCUC to provide wastewater utility services (collection, treatment and disposal) within a
specified franchise area and any entity providing such services on behalf of a body politic,
municipality or other governmental body or entity.
1.19 "Wastewater Assets" shall mean certain of CP's interests in the real property,
tangible personal property and intangible personal property (the portion of CP's interest to be
transferred being described in Exhibit A) and related to the provision of wastewater utility
service for Carolina Plantations. The Wastewater Assets described by Exhibit A are hereinafter
called "Wastewater Assets". Notwithstanding the foregoing, CP shall reserve and retain from
such conveyance the right and easement to drain and remove water for irrigation purposes from
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the two entrance ponds identified on Exhibit A (hereinafter sometimes called "Entrance Ponds"
and hereinafter sometimes called "Irrigation Ponds") of the irrigation system used for such
purposes and the right to construct, install, operate, repair, maintain and replace said irrigation
systems and to connect same to the Entrance Ponds and the right to perform maintenance
including mowing the grass, trimming the vegetation and removing the algae from the two (2)
Entrance Ponds. At Closing, ONSWC will deliver to CP the Water Irrigation Easement
Agreement, in the form attached hereto as Exhibit A-1.
1.20. "Wastewater Collection System" shall mean the wastewater service lines, gravity
collection lines, force mains, pump station(located on the easement referenced in Section 1.21
hereof), and all appurtenant equipment constructed and, pursuant to this Agreement, to -be -
constructed, and located within Carolina Plantations, that transmit the wastewater from the
customers in Carolina Plantations, to the Wastewater Treatment Plant, as more fully described in
the collection system map in Exhibit C.
1.21. "Wastewater System" shall mean the Wastewater Treatment Plant, the
Wastewater Collection System, High Rate Infiltration Ponds, an easement for Pump Station No.
1, easements, buildings, parts, equipment, additional components of the Wastewater System that
have not already been constructed and installed, and other facilities used in the collection,
treatment, holding and disposal of the wastewater, and any additional components of the
wastewater utility system necessary to provide service as shown on Exhibit A.
1.22. "Wastewater Treatment Plant" shall mean the 150,000 GPD wastewater
treatment and disposal facilities as described on Exhibit A.
ARTICLE U
[REDACTED]
ARTICLE III
[REDACTED]
ARTICLE IV
Purchase Price and Obligations in Consideration of Purchase Price
4.1. [REDACTED]
4.2. Connection Fees. As is provided in Sections 4.1 and 5.1 hereof, ONSWC shall
pay to CP as a purchase price fee the sum of [REDACTED] for each REU which is connected to
the Wastewater System. That fee is not a connection fee. ONSWC shall charge no connection
fees for any connection to the Wastewater System existing on the date of Closing. Other than the
Tariff referenced in Section 4.4 hereof, without the prior written consent of CP, ONSWC shall
charge no connection fees for any additional connections to the Wastewater System for property
in Carolina Plantations or for any other property designated by CP or its successors and assigns
for the privilege of connecting to and using the Wastewater System, whether the fee is styled as a
"connection fee", "tap fee", 'capacity fee" or otherwise. In the event CP or its successors or
assigns directs ONSWC to begin to charge a connection fee for property designated by CP as
provided herein, upon authorization by the NCUC, ONSWC immediately shall commence to do
so and shall pay the entire amount of the connection fee collected together with the
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[REDACTED] per REU purchase price fee to CP and its successors and assigns in the manner
hereinafter provided. In the event CP agrees in writing to permit ONSWC to charge a
"connection fee", then in that event, both the amount of the connection fee charged by ONSWC
and the [REDACTED] per REU purchase price fee shall be paid by ONSWC to CP in the
manner hereinafter provided. Not only is CP not required to pay any connection fee to ONSWC
for sewer service connections to the Wastewater System for property in Carolina Plantations or
any other property designated by CP or its successors or assigns, but also, as is provided in
Section 4.3 hereof, ONSWC agrees to pay to CP a sum equal to [REDACTED] per REU for
each such connection as a purchase price fee. Except for the Tariff, ONSWC may not charge
any party any fee for the privilege of connection to and/or use of the Wastewater System without
CP's prior written consent or direction and, if CP does agree to or direct the imposition of a
connection fee, the entire amount of the connection fee plus the [REDACTED] purchase price
shall be paid by ONSWC to CP in the manner hereinafter provided.
4.3. Payment of Connection Fees to CP. In addition to those connections existing at
Closing, commencing on the Closing Date and continuing until the first to occur of (a) the date
on which the Wastewater System has been constructed to its maximum capacity and each
subdivided lot in Carolina Plantations Subdivision or in any area which has been designated by
CP for connection for sewer service has been connected to the Wastewater System or (b) thirty
(30) years after the date this Agreement is executed by CP [May 31, 2013], ONSWC shall pay to
CP an amount equal to [REDACTED] per REU for any property in Carolina Plantations and for
any property in other areas from time -to -time designated by CP, which is connected to the
Wastewater System.
The amounts payable to CP under this Section 4.3 shall be paid within 30 days after the
end of each calendar quarter.
4.4. Tariff. [REDACTED] ONSWC agrees that for a period of three (3) years after
[May 31, 20131, it will not seek NCUC approval to increase the monthly sewer rate per REU
charged to customers in Carolina Plantations Subdivision or other areas designated by CP and
that after such date and for an additional two (2) years, it will not seek NCUC approval of a rate
per REU greater than the rate then being charged by Onslow Water and Sewer Authority.
4.5. [REDACTED]
ARTICLE V
Additional Components of the Wastewater System
5.1. Additional Development. In connection with its development of Carolina
Plantations or other property owned by CP or its designee, CP may, but is not obligated to, from
time to time construct additional capacity in, and connections, to the Wastewater System. CP
shall be responsible for all costs related to the design, construction and installation of the
additional connections to the Wastewater System. Any such additional connections shall be
designed, constructed and installed in accordance with all applicable law and shall conform to
the minimum standards established by DWQ and reasonable ONSWC regulations for
infiltration/inflow. Without the prior written approval of CP, which approval may be withheld in
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CP's sole discretion, ONSWC shall not construct, permit to exist or grant additional connections
to the Wastewater System or otherwise expand the service area of the Wastewater System to any
area other than Carolina Plantations Subdivision. Upon completion of such additional
components of the Wastewater Collection System and any required inspections, CP shall have no
further responsibility with respect thereto, other than to convey to ONSWC such meal property
rights therein as may be necessary for ONSWC's exercise of its rights hereunder. After each
such transfer, ONSWC shall pay to CP the (REDACTED1 per REU connection fees for those
connections, as provided in Section 4.3 hereof
5.2. Conditions Applicable to Construction All construction pursuant to this Article
V shall be completed in accordance with the plans and specifications approved (if required) by
CP, ONSWC, and DWQ. All plans, specifications, engineering, and the like shall be approved
by ONSWC prior to any construction. Such approval shall not be withheld, delayed or
conditioned unreasonably. Any contractors and subcontractors performing such work shall be
subject to the reasonable prior approval of CP and ONSWC. CP and ONSWC shall be entitled
to periodically inspect the construction efforts of the other party and require corrections thereto
in the event of inconsistency with the applicable plans. Such approval shall not be delayed,
conditioned or withheld unreasonably. The party performing any such construction shall
produce such statements of cost, invoices, surveys, maps, engineering drawings, specifications
and other documents as may be required for submission to the NCUC. CP and ONSWC shall,
respectively, provide to the other party a one-year warranty on all construction performed by
them pursuant to this Article V.
5.3 Future Assets: It is recognized that additional plant capacity may be required to
service the existing and anticipated future connections in Carolina Plantations or on other
property designated by CP and its successors and assigns. That capacity has not been
constructed and, if such capacity is required in order to serve the lots in Carolina Plantations
Subdivision existing at the time CP executes this Agreement, CP or its successors, shall be
required, when required by DWQ, to install the additional plant capacity at its cost and upon
completion transfer ownership to ONSWC. If CP designates additional property or lots to be
served by the Wastewater System, CP shall be responsible for the construction of additional
plant capacity for such property or lots.
It is recognized that CP has submitted for a flow reduction. It is anticipated that this flow
reduction will result in the recovery of additional plant capacity beyond what is currently
available and eliminate the need for some or potentially all of the necessity to construct
additional wastewater plant capacity to service the existing and anticipated future connections.
CP is entitled to the benefit of any capacity created by the flow reduction In the event that some
or all of the plant is not required, CP shall have no obligation to construct the additional
wastewater treatment capacity. ONSWC agrees to cooperate in obtaining the flow reduction
authority from NC DWQ.
5.4 Construction Easement Reserved. CP, for itself and its successors and assigns,
reserves the right and easement to enter upon the Wastewater Assets from time -to -time to
perform the construction it may perform pursuant to the terms of this Agreement and to connect
the property described herein to the Wastewater System and ONSWC agrees to cooperate in such
construction.
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P�dge IVof 38
5.5 Dirt Removal Easement. CP, for itself and its successors and assigns, reserves the
exclusive right and easement to enter the Wastewater Assets for a period of ten (10) years after
[May 31, 2013] to remove the mound of excess dirt stockpiled on the Property. CP has no
obligation to remove all or any portion of the dirt, except that the dirt stockpile shall be managed
by CP in a manner to avoid erosion and in compliance with all applicable federal, state, and local
laws, regulations, and permits.
5.6. Cooperation. ONSWC agrees to cooperate with CP in the event CP desires to
expand the capacity of the Wastewater System, designate additional property to be serviced by
the Wastewater System, and/or charge connection fees to the owners of such additional property.
Such cooperation shall include collecting the connection fees determined by CP and paying same
to CP and paying to CP a purchase price fee equal to [REDACTED] per REU.
ARTICLE VI
[REDACTED]
ARTICLE VU
[REDACTED]
ARTICLE VIII
Closing
8.1. [REDACTED]
8.2_ Transfer of Obligations for Utility Services. At Closing, CP will transfer to
ONSWC and ONSWC will assume and agree to perform all obligations with respect to the
Wastewater Assets. From and after Closing, ONSWC shall be responsible for the Wastewater
Assets and operation of the Wastewater System including, without limitation, the provision of
wastewater services for Carolina Plantations and such other property as CP or its successors and
assigns shall add to the Wastewater System service area for sewer services in the manner set
forth herein, including in Article 5 hereof . CP will pay all obligations for such utility services
incurred prior to the date of Closing, and ONSWC will pay all obligations for such utility
services incurred on and after the date of Closing.
8.3. [REDACTED]
ARTICLE IX
Operation of the Wastewater System
9.1. ONSWC's Obligation for Wastewater Service. From and after the first to occur
of the Closing or the date NCUC grants the CPCN to ONSWC, ONSWC shall (a) provide
wastewater service to Carolina Plantations and such other property as CP and its successors and
assigns shall add to the Wastewater System service area for sewer services in accordance with
the terms of the Certificate, as the same may be amended from time to time, and (b) bear all costs
of operation, repair, maintenance, permitting, and regulatory compliance of the Wastewater
System.
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9.2. CP's Obligation of Care for the Wastewater System. During its development of
Carolina Plantations, CP shall use commercially reasonable efforts to ensure that employees,
contractors, and subcontractors under its control do not break, damage, or bury the wastewater
service "cleanouts" for the Service Line for the Wastewater Collection System. For a period of
one year after the installation of each cleanout, CP shall ensure that that "cleanout," if damaged
by CP or its employees, contractors or subcontractors, is repaired promptly at no cost to
ONSWC.
9.3 ONSWC Operating Agreements. ONSWC agrees to operate, maintain, repair and
replace the Wastewater System in a first class manner, in compliance with all laws and
regulations of any Governmental Authority, in compliance with the permits required of such a
system, and in compliance with the requirements of the NCUC, DENR and DWQ so as to
provide sewer service to all of the property in Carolina Plantations and such other property as
designated from to time by CP and its successors and assigns, upon approval by the NCUC.
ARTICLE X
[REDACTED]
ARTICLE Xi
OMITTED
ARTICLE XII
General Provisions
12.1. [REDACTED]
12.2. [REDACTED]
12.3. Execution of Future Agreements. After the execution of this Agreement, any and
all new development agreements entered into by CP with respect to the development at Carolina
Plantations shall be consistent with the terms of this Agreement to the extent of addressing the
provision of wastewater service at Carolina Plantations.
12.4. Cooperation for All Necessary Government Approvals. CP and ONSWC agree to
cooperate fully in obtaining all necessary permits, including DWQ permits, the Certificate and/or
Certificate Extensions by NCUC to ONSWC, and authorization from NCUC for the flat monthly
sewer rate. Further, in the event CP desires to expand the service area of the Wastewater
System, the parties agree to cooperate in permitting, construction and the transfer of the
expanded Wastewater System to ONSWC.
12.5. Binding Upon Successors and Assigns. This Agreement shall be binding
upon and shall inure to the benefit of CP and ONSWC, and the successors and permitted assigns
of each. For the period beginning on the date CP executes this Agreement [May 31, 2013] and
expiring on the first to occur of (a) fifteen (15) years after Closing or (b) the date upon which the
Wastewater System has been constructed to its maximum capacity under the laws and
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regulations of Governmental Authority then in effect, ONSWC may not assign its rights and
obligations under this Agreement without the prior written consent of CP or its successors and
assigns, which approval shall not be unreasonably withheld, conditioned or delayed. For the
purposes of this Section 12.5, "assignment" includes any changes in ownership of more than
forty-nine percent (491/o) of the ownership interests in ONSWC by one or a series of transactions.
The financial capacity and the experience of the proposed assignee in operating a Wastewater
System, and similar matters are appropriate matters to be considered in the process of approving
or not approving any assignment. The assignee shall be a Utility Company as defined in Section
1.18 hereof and the assignment shall not be effective unless and until approved in writing by
NCUC and any other applicable Governmental Authority. Any permitted assignment by
ONSWC of its rights and obligations under this Agreement shall be to one (1) entity; that entity
shall assume and agree to perform the obligations of ONSWC set forth herein in recorded
writing directed to CP and its successors and assigns; and CP and its successors and assigns
always shall be provided with the name, telephone number and principal contact of the assignee.
12.6. No Third Party Beneficiary Rights. Nothing expressed or referred to in this
Agreement will be construed to give any person other than the Parties any legal or equitable
right, remedy or claim under or with respect to this Agreement or any provision of this
Agreement, except as to a successor or permitted assignee of ONSWC pursuant to Section 12.5
of this Agreement or a successor, assign or designee of CP as provided in this Agreement.
12.7. [REDACTED]
12.8. No Assumption of Liabilities. Notwithstanding any provisions of this Agreement
to the contrary, except for the Assumed Liabilities discussed below and except for its obligations
set forth in this Agreement, ONSWC shall not assume or otherwise be liable for any liabilities,
obligations or commitments of CP, with the exception of the assumption by ONSWC from CP of
the obligations associated with the permits listed in Exhibit H after the Closing and the
obligations to provide Wastewater Services to the lots in Carolina Plantations..
12.9. [REDACTED]
12.10. [REDACTED]
12.11. [REDACTED]
12.12. Incorporation of Exhibits. The Exhibits to this Agreement are made a part hereof
and are hereby incorporated in full by reference.
12.13. [REDACTED]
12.14. Representations, Warranties and Obligations Survive Closing. The
representations, warranties, and obligations contained herein shall survive, and continue in effect
after the Closing.
12.15. [REDACTED]
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12.16. [REDACTED]
12.17. [REDACTED]
12.18. Consent to Jurisdiction. The Parties agree that the state and federal courts of
Onslow County, North Carolina and the Eastem District of North Carolina shall have exclusive
jurisdiction over this Agreement and any controversies arising out of, relating to, or referring to
this Agreement, the formation of this Agreement, and actions undertaken by the Parties hereto as
a result of this Agreement. 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.
12.19 Providing Sewer Service to Additional Property. Notwithstanding any other
provision of this Agreement to the contrary, CP and its successors and assigns are the only
parties who may determine what property, if any, is added to the service area of the Wastewater
System or is served by the Wastewater System. In no event shall ONSWC or its successors and
assigns add additional property to be served by the Wastewater System without the written
agreement of CP or its successors and assigns, which agreement CP or its successors and assigns
may deny, withhold or condition in its sole discretion. Any permitted assignment by ONSWC of
its rights and obligations under this Agreement shall be to one (1) entity; that entity shall assume
and agree to perform the obligations of ONSWC set forth herein in recorded writing directed to
CP and its successors and assigns; and CP and its successors and assigns always shall be
provided with the name, telephone number and principal contact of the assignee.
12.20 CP Designees. CP and its successors and assigns may assign all or a portion of its
rights herein to third parties by recorded writings specifically assigning same. CP shall notify
ONSWC of any such assignment.
12.21 ONSWC Default. In the event of a default by ONSWC and it successors and
assigns in performing its obligations as set forth in this Agreement, CP and its successors and
assigns shall be entitled to its remedies at law and in equity. The parties agree that specific
performance and injunction are permissible remedies in that the essence of this Agreement is to
obligate ONSWC to provide wastewater collection, treatment and disposal services to the
property in Carolina Plantations and such additional property as from time to time may be
designated by CP or its successors and assigns. ONSWC acknowledges that a Notice of
Violation ("NOV"), with respect to the Wastewater System issued by NCUC or DWQ, likely
will result in no additional connections to the Wastewater System being allowed until the NOV
is remedied. Therefore, if a default by ONSWC results, or is likely to result, in a NOV from
NCUC or DWQ, then CP reserves the right and easement (but is not obligated to do so) to access
the Wastewater Assets to remedy the violation noticed by the NOV. In the event CP does so,
ONSWC immediately will pay to CP the reasonable costs thereof plus an oversight fee of ten
percent (10%) of the amount of such cost.
12.22. [REDACTED]
12.23. [REDACTED]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in a manner so as
to be binding this the day and year above first written
OLD NORTH STATE WATER COMPANY, LLC,
a North Carolina limited liability company
By: /S/ (seal)
John L. McDonald
As its Manager
Carolina Plantation Development Corporation
By: /S/ (seal)
A. Sydes, esident
A. Sydes Construction, Inc.
By: /S/ r (seal)
A. Sydes, President
100147-00007
ND: 4816-1003-2407, v. 1
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EXHIBIT A
WASTEWATER ASSETS
1. First
Those sewer lines and sewer appurtenances located beneath the following streets in Carolina
Plantations Subdivision, together with a non-exclusive, perpetual easement in and to those streets
to construct, maintain and repair such sewer lines and sewer appurtenances, always underground
and with repairs to the surface required to be timely performed by the owner of the easement.
Thestreet names and recording information as follows:
Carolina Plantations Boulevard Map Book 60, Page 88
Map Book 60, Page 204
Seville Street
Map Book 60, Page 88
Map Book 60, Page 127
Marseille Court
Map Book 60, Page 127
Durban Lane
Map Book 60, Page 127
Kingston Road
Map Book 60, Page 127
Map Book 60, Page 177
Sonoma Road
Map Book 60, Page 204
Map Book 61, Page 92
Map Book 61, Page 91
Map Book 64, Page 77
Map Book 64, Page 200
Merin Height Road
Map Book 60, Page 204
Map Book 62, Page 9
Map Book 62, Page 76
Map Book 63, Page 190
Map Book 64, Page 185
Map Book 65, Page 17
Map Book 64, Page 200
Hughes Lane
Map Book 62, Page 9
Skye Court
Map Book 62, Page 9
Arabella Drive
Map Book 62, Page 76
Map Book 62, Page 184
{sx010994.DOCx }
12
Book: 4121 Page: 789 Page 29 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 29

PQe WX38
Map Book 64, Page 200
Radiant Drive
Map Book 62, Page 76
Map Book 63, Page 102
Map Book 63, Page 190
Map Book 64, Page 104
Map Book 65, Page 67
Map Book 66, Page 64
Dynamo Lane
Map Book 62, Page 184
Map Book 63, Page 102
Periwinkle Court
Map Book 62, Page 184
Dahlia Court
Map Book 62, Page 184
Mariposa Court
Map Book 63, Page 102
Nia Court
Map Book 63, Page 190
Cavalier Drive
Map Book 64, Page 104
Map Book 66, Page 64
Dynasty Drive
Map Book 65, Page 67
Map Book 66, Page 64
Map Book 64, Page 185
Merlin Court
Map Book 65, Page 67
Appling Court
Map Book 65, Page 17
Roswell Lane
Map Book 65, Page 17
Solomon Drive
Map Book 65, Page 17
Map Book 66, Page 10
Map Book 64, Page 200
Stafford Lane
Map Book 66, Page 10
Glen Cannon Drive
Map Book 62, Page 161
Map Book 63, Page 100
Cedar Hill Road
Map Book 60, Page 200
Falls Cove
Map Book 60, Page 200
{sx010sv4.Docx 1 13
Book: 4121 Page: 789 Page 30 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 30

P�9ge IVof 38
2. Second
Those sewer lines and sewer appurtenances located outside of recorded streets but beneath the
recorded utility easements in Carolina Plantations Subdivision, together with a non-exclusive,
perpetual easement to construct, maintain and repair such sewer lines and sewer appurtenances,
always underground and with repairs to the surface required to be timely performed by the owner
of the easement, as follows:
- Sewer mains designated as "A", "B", "C", "D", "E", "F", "G",
"H", and "r' as depicted on the map entitled "Easement Map —
Irrigation Ponds and Sewer Mains at Carolina Plantations
Subdivision (Sheets 1, 2 and 3)" recorded in Map Book
Page JL
- Blanket 20' drainage and utility easements in common areas as
recorded in Map Book 63, Page 100 and Map Book 62, Page
I61.
3. Third
The Wastewater Treatment Plant Site depicted as 19.24 +/- Ac on a map entitled "Wastewater
Treatment Plant Site at Carolina Plantations Subdivision" recorded in Map Book L60j, Page
L01 together with a non-exclusive, perpetual easement for ingress, egress, access, and the
installation and maintenance of utilities over the area depicted as "Gravel Drive Access
Easement Area" on the map recorded in Map Book [kf], Page 1 10 1. Also conveyed are the
Wastewater Treatment Plant and the four (4) High Rate Infiltration Ponds located upon the
Wastewater Treatment Plant Site.
4. Fourth
The sewage pumping station, together with a non-exclusive, perpetual easement to maintain,
repair and replace same in, on and under the property depicted as "HOA Sewage Pumping
Station Open Space" as recorded in Map Book 60, Page 204
Fifth
The groundwater force main to supply the irrigation ponds together with a non-exclusive,
perpetual easement to construct, maintain and repair same, always underground and with repairs
to the surface required to be timely performed by the owner of the easement, within the recorded
easements as follows:
- The easement between lots 128 and 129 as recorded in Map
Book 60, Page 204
(SK010894.DOCX )
Book: 4121 Page: 789 Page 31 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 31

PQe Wof 38
- The easement along the Western side of Carolina Plantations
Boulevard as recorded in Map Book 60, Page 204 and Map
Book 60, Page 88
6. Sixth
A non-exclusive, perpetual easement for the purposes of storing groundwater (and not
wastewater) in two (2) irrigation ponds depicted as "Irrigation Pond #1" and "Irrigation Pond #2"
on Sheet 1 of 3 of the map recorded in Map Book [(&J, Page I iI I and also sometimes called
Entrance Ponds in this document. Carolina Plantation Development Corporation, for itself and
its successors and assigns in the development of Carolina Plantations Subdivision, reserves,
retains and excepts the right to withdraw water from the two (2) Irrigation Ponds to irrigate areas
in Carolina Plantations Subdivision from time to time as determined by it.
Carolina Plantation Development Corporation, for itself and its successors and assigns in the
ownership of Carolina Plantations Subdivision as described by deeds recorded in Book 2149,
Page 44 and Book 2347, Page 851 in the office of the Register of Deeds of Onslow County,
reserves, retains and excepts the two (2) Existing Sign Easements, one (1) within the area
depicted as Irrigation Pond #1 and one (1) within the area depicted as Irrigation Pond #2 as
shown on Sheet 1 of 3 on the map recorded in Map Book L_6E,, Page f I 1 1, said Sign
Easements also being shown on a map recorded in Map Book 60, Page 88 in the office of the
Register of Deeds of Onslow County and further reserves, retains and excepts the right and
easement to perform maintenance including mowing the grass, trimming the vegetation and
removing algae from the two (2) Entrance Ponds..
Seventh
All of the aforesaid property and easements are conveyed subject to the following restrictive
covenants, which restrictive covenants shall encumber the aforesaid property and easements and
shall benefit Carolina Plantation Development Corporation and its successors and assigns in the
ownership of Carolina Plantations Subdivision as described by deeds recorded in Book 2149,
Page 44 and Book 2347, Page 851 in the office of the Register of Deeds of Onslow County. The
restrictive covenants are as follows:
a. The restrictive covenants for Carolina Plantations Subdivision and
for its various sections are set forth on Attachment to Exhibit A
attached hereto and incorporated herein by reference. The property
and easements herein described and conveyed are not numbered
lots restricted to residential use. Further, the owner of said
property and easements herein described and conveyed is not
required to pay any property owners association assessments and is
not required or permitted to become a member of any property
owners association in Carolina Plantations Subdivision or its
various sections.
(SK010894.DOCX )
Book: 4121 Page: 789 Page 32 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 32

PQe Vof 38
b. The property and easements herein described and conveyed are
subject to a restrictive covenant that the property and easements
may be used only for the purposes of the operation, maintenance,
upgrade or expansion of the wastewater system for Carolina
Plantations Subdivision and other areas designated by Carolina
Plantation Development Corporation and its successors and assigns
and for no other purpose.
c. The property and easements hereby conveyed may not be
subdivided, but shall be retained by Old North State Water
Company, LLC and its successors and permitted assigns as an
integral unit. It is provided, however, that the property and
easements may be subdivided by Old North State Water Company,
LLC if such subdivision is for the purpose of enhancing the
provision of wastewater services to Carolina Plantations
Subdivision or other service areas designated by Carolina
Plantation Development Corporation.
d. The property and easements hereby conveyed are subject to
easements and restrictions of record, including the Weyerhaeuser
minerals reservation and to the matters set forth on the recorded
maps of the property and easements.
8. Eighth
[REDACTED]
(SK010M.DOCX )
Book: 4121 Page: 789 Page 33 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 33

P�9ge Wof 38
1
9. Ninth
WASTEWATER ASSETS
150,000 gpd WWTP:
a. Manually cleaned bar screen;
b. Flow splitter box;
C. 37,500 gallon aerated flow equalization basin;
d. Two (2) 105 gpm pumps;
e. One (1) 75 cubic feet per minute (CFM) blower;
f. Two (2) 9,375 gallon pre anoxic tanks;
g. Two (2) 17,858 gallon post anoxic tanks;
h. Two (2) 73,000 gallon aerobic basins;
i. Three (3) 400 CFM blowers;
j. Two (2) secondary clarifiers;
k. Two (2) waste sludge pumps;
1. Two (2) return sludge pumps;
In. 33,250 gallon aerated sludge holding;
n. Two (2) 52 square feet tertiary filters;
o. One (1) 8,886 gallon clearwell;
p. Two (2) 780 gpm pumps;
q. One (1) 8,616 gallon mudwell;
r. Two (2) 100 gpm pumps;
S. One (1) 5,862 gallon chlorine contact basin;
t. One (1) tablet chlorinator;
U. Effluent flow measuring device;
V. Backup Generator;
W. Such other piping, equipment, incidentals and appurtenances that currently exist
at the WWTP site.
2. Wastewater Disposal System consisting of High Rate Infiltration including:
a. Four (4) high -rate infiltration ponds with an effective volume of 1.0 million
gallons and a loading rate of 3.48 gpd/ft2;
b. 1,022 t linear feet of 8" perforated PVC groundwater lowering drain;
C. Groundwater lowering pump station with two (2) dewatering pumps and 2,875 +
LF of 6" force main; and
d. All associated piping, valves and appurtenances.
3. Wastewater Collection System Pumping Station.
4. Wastewater Collection System.
(SK0I0S94DOCX )
4
Book: 4121 Page: 789 Page 34 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 34

PQe UV 38
Such other equipment, incidentals and appurtenances that currently exist as
part of the Wastewater System.
(SK0108".DOCX )
Book: 4121 Page: 789 Page 35 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 35

PQe Wof 38
Attachment to EXHIBIT A
[REDACTED]
EXHIBIT A-1
[REDACTED]
EXHIBIT B
]REDACTED]
Book: 4121 Page: 789 Page 36 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 36

P�ige Wo'?38
'THIS MAP IS NOT A CERTIFIED SURVEY
EXMI T C AND HAS NOT BEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
Collection System Map LAND DEVELOPMENT REGULATION
'+ -4
l 1 -_
voavrr
kV
5EWMCOLLEMO1 sYsrFhc -
MASaRPLAN
CAMLNAPLANTAADONS•�—
KNM RE 59)EN- TAL DE V L W[ 1 E I l
iris PLAMT10N azv=vIxAT caf"Upox
Book: 4121 Page: 789 Page 37 of 38 Book: 4121 Page. 1977-Current: 789 Seq: 37

PQe 3 V 38
EXHIBIT D
[REDACTED]
EXHIBIT E
[REDACTED]
EXHIBIT F
[REDACTED]
EXHIBIT G
[REDACTED]
EXHIBIT H
[REDACTED]
EXHIBIT I
[REDACTED]
EXHIBIT J
[REDACTED]
Book: 4121 Page: 789 Page 38 of 38 Book: 4121 Page, 1977-Current: 789 Seq: 38

Additional Information for Attachment J

r
DocuSign Enveiope ID. OC4F70CC-886D-46CD-6BE9-F66OE3165D5C
ROY COOPER
MICHAEL s. REGAN
Serrefary
S. DANIEL SMITH
Director
Certified tMail # 7018 2290 0001 8295 9670
Return Receipt Requested
John L McDonald
Old North State Water Company LLC
PO Box 10I27
Birmingham. AL 35202-0127
NORTH CAROLINA
E"*WU MW Quctity
January 11, 2021
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non -discharge Permit No. WQ0033770
Old North State Water Company LLC
Carolina Plantation WWTP
Case No. LV-2021-0003
Onslow County
Dear Permittee:
RECEIVED FEB 0 5 2021
FEB - 8 2021
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,390.56 ($2,250.00 civil
penalty + $140.56 enforcement costs) against Old North State Water Company LLC.
This assessment is based upon the following facts: a review has been conducted of the Non -Discharge -Monitoring
Report (NDMR) submitted by Old North State Water Company LLC for the month of September 2020. This review has
shown the subject facility to be in violation of the limitations and/or monitoring requirements found in Non -discharge
Permit No. WQ0033770. The violations, which occurred in September 2020, are summarized in Attachment A to this
letter.
Based upon the above facts_ I conclude as a matter of law that Old North State Water Company LLC violated the terms,
conditions or requirements of Non -discharge Permit No. WQ0033770 in the manner and extent shown in Attachment A.
In accordance with the maximums established by G.S. 14 3-2 15.6A(a)(2). a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215. 1 (a).
Nortk Caroma E]epartmeat of Enwon mentr Qra.t. I 7 w5 01 Of WKeg F@S=toe I
WJMm9bn ReC10MF Office 1 127 CA rd,no: Drre Extens,an I 'MkF►n9tan. NarTh aro,na 2S4 05 _ ._ . ... 910-796-72i5

❑ocu5ign Envelope ID OC4F78GC-BB6D-46CQ-BBE9-F660E3165Q5C
Op#ion 2. Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfuIIy
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission. you must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Ri ht to an Administrative Hearing, and Stipulation of Facts" form within thi 30days of receipt of this
notice. The Division of Water Resources also re uests that you coml2lete and submit the enclosed "Justif cation for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
16I7 Mail Service Center
Raleigh, North Carolina 27699-1617

❑ocuSign Envelope !p OC4F70CC-886D-46CQ-BBE9-F660E3165D5C
Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION REQUEST
LV-2021-0003 Count: Onslow
Old North State Water Company LLC
WQ0033 770
Amount Assessed: S2-390.55
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver vf'Right to an administrative Nearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. PIease be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § I43B-282.1(c). remission of a civil
penalty may be granted only when one or mori of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civiI penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of'the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

DocuSign Envelope ID- RC4F7oCC-886D-46CD-1313E9-F660E3155p5C
ATTACHMENT A
Old North State Water Company LLC
CASE NUMBER: LV-2021-0003
PERMIT: WQ0033770 REGION: Wilmington
FACILITY: Carolina Plantation WWTP COUNTY: Onslow
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report
Date MonthNr Parameter
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
9/30/2020 9-2020 Flow, in conduit or thru
Continuous gp❑ 150000 166.025.33 107 Monthly
treatment plant
Average
Exceeded
Penalty
Amount
$2,250.00

Water
December 16, 2020
Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Re: Notice of Violation & Intent to Issue Civil Penalty
Tracking No: NOV -2020-LV.0871
Permit NO: WQ0033770
Carolina Plantation WWTP
Onslow County
❑ear Morelia Sanchez -King,
I am in receipt of the above referenced NOV dated December 8, 2020 and „wanted to respond as to what
actions we have take n to correct the monthly average flow at the WWTP of Carolina Plantations. It is
worth mentioning, Envirolink (Mike Myers and his team) were the only contact representatives listed in
your data base for ONSWC for communications of NOV's or any other communication coming from
NCDEQ. ) was able to work with Dean Hankler at the end of September to make the necessary contact
changes in your data base s❑ we would receive notifications rather than Mike Myers and his team, i feel
we have responded Promptly after receiving notice of the first NOV's we received. As mentioned
previously in our October 5, 2020 NOV response, we installed an Air Vent Ton the discharge line on
October 1, 2020 to allgr,v the water to flow smoothly and evenly from the discharge, I have included the
October 12, 2020 response from John McDonald referencing this change for the October 5, 2020 Notice
Of Violation.
I have also included the Most up to date average monthly flow data for October 2020 and November
2020 and as you can see the Air Vent T appears to be working because we have not exceeded our
monthly average flow limit of 150,000 since the Air Vent T was installed. The monthly average flow for
October was 139,601 GPD and the rnonthly average flow for November was 147,315 GPD,
Please reconsider the enforcement of the civil penalty, as we are working diligently to solve the issue$,
Thank you for any consiceration and please reach out with questions or concerns at the address above,
email at srr�cmiilans iirte, rawater.co;;i or give me a call directly at 205-719-7795.
Sincerely,
Sean McMillan
Vice President

DocuSign Envelope ID 755F8BCC-4905,45FD_8AQ2-BOE2A43C3512
Roy COOPER
Crn-cr-or
MICHAEL S. REGAN
Seer'!-rrery
S. DANIEL SMITH
Darr x.
Certified Mail #7018 2290 0001 8295 9694
RejUrn Recgip Requested
John L McDonald
Old North State Water Company LLC
PO Box 10127
Birmingham, AL 35202-012I
- vArr,,'
14
NQW i }J CA ROt 13ti,7
£ n rrronm r n ral prep lit p
December 8, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-1-V-0871
Permit No. WQ0033770
Carolina Plantation WWTP
Onslow County
Dear Permittee:
A review of the September 2.020 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
i an Viol ion(
Sample
Location Parameter
-- DO1 Flow, in conduit or thru
treatment Plant (50050)
Limit Reported
Date Value Value Type of Violation
9/30/2020 150,000 166,025,33 Monthly Average Exceeded
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's Nan -discharge Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.

Doswslgn Envelope ID: 755F8BCC-4905-45FD-8Aa2-SCE2A43C3512
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten 1Q b Sines d s after receipt of this Notice. R
review of your response will be considered along with any information provided on the submitted Monitoring
Reports). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or, maintenance problems,
and you anticipate remedial construction activities, then you may wlsh to consider applying for a Special Order by
Consent,
If You have any questions concerning this matter or to apply for an SOC, please contact Helen Perez of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
OocuS:g ned by:
l-�i-3f5$
for
Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Sean McMillan — electronic copy
Upload to Laser fiche

01,10)
Water
October 12, 202U
Ms. Morelia 5ancnez-King, Regional supervisor
Water Quality Regional ❑perations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Re: Notice of Violation & Intent to Assess Civil Penalty
cracking Number NOV-2020 LV-731
Permit No- WQO033770
Carolina Plantation WWTP
Onslow County
Dear Ms. Sanchew King:
1 am in receipt of .he above referenced NOV dated October S, 2020 and wanted to make you aware of
some modifications we are ei-her planning or have made at the facility. The discharge line had a 90
degree elbow on the discharge line, just after the effluent box inside the plant. The elbow was not
allowing a smootII flow of water through the meter because of the vacuum created in the pipe. A "T
was installed on the discharge line and allows the water to flow smoothly and evenly from the
discharge. Here a•e the before and after pictures
before after
3 1 i, 1ril J:I��
t � --
ti ...r^
�-
It is our theory tha; ;hC ;.,to, ';.,dent flows and backups caused by the vacuum caused the flow meter to
read artificially hir;!i flows The: cata since tire installation of the "TH seems to confirm the theory. Here
are the flows sinrF :he installation of the "T

Flows
9/2S-164300 Gallons
9/26-172,200
9127-184,300
9/28-172,100
9/23-164,900
10/1-153,500
After Tee was installed
10/2-138,0t}0
10/3-139,000
10/4-155,700
10/5.156,500
10/6 —142, 600
1017—138,750
10/8—142,900
10/9—146,700
10/10—155,300
10/11 — 162,500
10/12 147,000
In addition to the above -mentioned improvements, we have engaged a professional engineer to
evaluate the fea5ibility of rerating the plan[ We are watching the new flow data, and the engineer is
working to determine ;f rerating the plant is feasible or if additional improvements will be required to
address both the flows, and the permit exceedances.
Last, Old North State has terminated its relationship with Enviro link, ine. for contract operations the last
week of September. we were receiving poor service and very little information related to performance,
compliance, and maintenance. We believe you will see improved communications, operations and
maintenance from Old !North State moving forward. We would ask for some limited leeway to study the
flows and determine if the installation of the "T" will allow compliance or rerating of the WWTp, or if
further improvements will be required. Please reconsider the enforcement of the civil penalty, , i are working diligently to solve the issues.
Thank you for an-,- corAeration and please reach out with questions or concerns at the address above,
email at titi;ti i, : ._ _ _ str r :,:•; r or give me a call directly at 205.326.3355.
Sincerely,
Jahn L, McDona.l:.
Manager

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