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HomeMy WebLinkAboutWQ0004115_Renewal Application_20231004Initial Review Reviewer nathaniel.thorn burg Is this submittal an application? (Excluding additional information.) * Yes No Permit Number (IR) * WQ0004115 Applicant/Permittee Champion Hills Property Owners Association, Inc. Applicant/Permittee Address 73 Old Hickory Trail, Hendersonville, NC 28739 Is the owner in BIMS? Yes No Is the facility in BIMS? Yes No Owner Type Facility Name County Fee Category Major Is this a complete application?* Yes No Signature Authority Signature Authority Title Signature Authority Email Document Type (if non -application) Email Notifications Organization Champion Hills WWTP Does this need review by the hydrogeologist? * Yes No Regional Office CO Reviewer Admin Reviewer Fee Amount $0 Complete App Date 10104/2023 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 Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence. Name* Kimber Reese Email Address* kreese@rpbsystems.com Project Information ......................... Application/Document Type* New (Fee Required) Modification - Major (Fee Required) Renewal with Major Modification (Fee Required) Annual Report Additional Information Other Phone Number* 8282511900 Modification - Minor Renewal GW-59, NDMR, NDMLR, NDAR-1, N DAR-2 Residual Annual Report 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://edoes.deq.nc.gov/Forms/NonDischarge_Monitoring_Report Permit Type:* Wastewater Irrigation High -Rate Infiltration Other Wastewater Reclaimed Water Closed -Loop Recycle Residuals Single -Family Residence Wastewater Other Irrigation Permit Number:* WQ0004115 Has Current Existing permit number Applicant/Permittee * Champion Hills Property Owners Association, Inc. Applicant/Permittee Address* 73 Old Hickory Trail, Hendersonville, NC 28739 Facility Name* Champion Hills WWTP Please provide comments/notes on your current submittal below. At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg at nathaniel.thornburg@ncdenr.gov. Please attach all information required or requested for this submittal to be reviewed here. (Application Form, Engineering Plans, Specifications, Calculations, Etc.) Champion Hills (WQ0004115) Permit Renewal - 10-4-23.pdf 7.86MB Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger than upload limit. * 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 Submission Date 10/4/2023 DWR State of North Carolina Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02T .0500 — WASTEWATER IRRIGATION SYSTEM — RENEWAL FORM: WWIS-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 .0500, 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 https:Hedocs.deci.nc.2ov/Forms/NonDischar2e-Branch-Submittal- Form-Ver2, or emailed to Non-Dischar2e.Reports(a)ncdenr.2ov if less than 20 megabytes (MB). SECTION I — APPLICANT INFORMATION 1. Applicant: Champion Hills Property Owners Association Inc. 2. Permit No.: WQ0004115 3. Signature authority: John McGuire Phone number: (828) 696-1962 Office Title: President Email: johnmcguire4(ogmail.com 4. Mailing address: 73 Old Hickory Trail City: Hendersonville State: NC Zip: 28739- 5. Contact person: Craig Galloway Primary phone number: (828) 696-1662 Office Email: craig@championhills.com Secondary phone number: ( ) - Select SECTION II — FACILITY INFORMA' 1. Physical address: 377 Chattooga Run City: Hendersonville 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 35282750° Longitude:-82.527220' County: Henderson Parcel No.: 9959772 State: NC Zip: 28739- Method: Address matching SECTION III — FLOW INFORMATION or 1. Permitted flow: 70000 GPD (The maximum allowable flow based on what has been permitted) 2. As -built flow: 70000 GPD (The maximum allowable flow based on what has been constructed) 3. Average flow: 1885 GPD (The average of all reported flows on the previous calendar year's NDMRs) 4. Hydraulic capacity: 2 % (Divide the average flow in Item 3 by the As -built flow in Item 2) 5. Wastewater composition: Domestic: 100 % Industrial: % Stormwater: % SECTION IV — BILLING INFORMATION 1. Billing address: 5 Pine Shadow Drive City: Hendersonville State: NC Zip: 28739- 2. Verify the Applicant does not have any overdue annual fees: https://deq.nc. gov/about/divisions/water-re source s/water-re source s-permits/wq-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: WWIS-R 02-21 Page 1 of 6 SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION 1. ORC: Karl G. Griffiths Grade: SI Certification No.: 15613 Mailing address: 322 Fairground Ave City: Hendersonville State: NC Zip: 28792- Phone number: (828) 697-2651 Cell Email: 2. Back -Up ORC: Danielle Ann Hunter Grade: SI Certification No.: 1007992 Mailing address: P.O. Box 1325 City: Asheville State: NC Zip: 28802- Phone number: (828) 251-1900 Office Email: dhuntergrpbsystems.com 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 Treatment 9959772 70,000 Select 1 35.17130 -82.31340 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 Discharge NCO087106 NPDES 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 Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° 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: WWIS-R 02-21 Page 2 of 6 SECTION IX — IRRIGATION FIELDS 1. List all irrigation fields associated with the renewing permit. Attach additional sheets if necessary. Field County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 1 Henderson 9969339 Champion Hills 9.14 Turf Grass 35.2853780 -82.5282700 2 Henderson 9969339 Champion Hills 11.27 Turf Grass 35.2881620 -82.5248770 3 Henderson 9969339 Champion Hills 9.21 Turf Grass 35.2928470 -82.5177000 4 Henderson 9969339 Champion Hills 20.35 Turf Grass 35.2919730 -82.5109480 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 0 0 0 0 Total Acreage: 49.97 FORM: WWIS-R 02-21 Page 3 of 6 . ATTACHMENT A — SITE MAP 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 .0504(d). These requirements are: ❑ 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 irrigation areas. ❑ Soil mapping units shown on all irrigation sites. ❑ 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 irrigation sites. ❑ Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108, and 15A NCAC 02T .0506(c) if applicable. ❑ Setbacks as required by 15A NCAC 02T .0506. ❑ Site property boundaries within 500 feet of all wastewater treatment, storage, and irrigation sites. ❑ All habitable residences or places of public assembly within 500 feet of all treatment, storage, and irrigation 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 t 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. I 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 .0115(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: WWIS-R 02-21 Page 4 of 6 ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES 7themapplIcai t a municipality, county, sanitary district, or public utility? Ye— 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 .01180), 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, and irrigation 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, and irrigation 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 SCHEDULESIM 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 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: WWIS-R 02-21 Page 5 of 6 ATTACHMENT K—INDUSTRIAL WASTEWATER I 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 .0504(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. I ATTACHMENT L — SETBACK WAIVERS Does the existing permit include setback waivers? ❑ Yes — Pursuant to 15A NCAC 02T .0506(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. APPLICANT'S CERTIFICATION I, •.-� 04,j • • t �(SZC.t �Z,� attest that this application (Signature authority's name as noted in Section I, Item 3) 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. 1 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 Certifications ll be signed pursuant to 15A NCAC 02T .0106(b). An alternate person may be delegated as the signing official if a letter ' provjAed pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.613, any person who �y mak any f e statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeano h' htf� Xela fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: / 1 4 ! / A" 0 / %m_k;/i+F� Date: _/0 Z_ THE COMPtETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA: Email: Non-Discharge.Reportskncdenr.gov Laserfiche Upload: https:Hedoes.deu. ne.2ov/Fo rm s[NonDischarge-Branch- Submittal-Form-Vert FORM: WWIS-R 02-21 Page 6 of 6 RECEIVED/NCDENVIR Attachment E STATE OF NORT C OLINA DEC - 3 2018 [l COUNTY OF J._ e6lc e�",G r'1 Permit No. `Ton -Discharge .OPERA WAnA EMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this _ day of f r t r b e� Zlg by and between the North Carolina Environmental Management Co Sion, an01b ency of the State of North Carolina, hereinafter known as the COMMISSION; and io CoAees �155[.Y , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: The ASSOCIATION was formed for the ose, among oth l of handling the property, affairs and 1 business of the development known as 610,pi 00 i ,f 5 (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires,. to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. FORM: HOA 11-17 Pagel of2 3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, the Declaration and .Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at any time. 5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing _and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit.. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION's successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL C W1°"r *k" P®I¢ MANAGEMENT COMMISSION Name of ASSOCIATION Linda Culpepper, Interim Director (Si ) OO Division of Water Resources , { 2 /r /M (Date) FORM: HOA 11-17 Print Name nd T'tle It Z7to (Date) Page 2 of 2 Attachment G i1py2 PSYB 40 EFFLUENT DISPOSAL EASEMENT AGREEMENT This Effluent Disposal Easement Agreement ("Agreement°) is made and entered by and between CHAMPION HILLS CLUB, INC., a North Carolina nonprofit corporation ("CLUB") and CHAMPION HILLS PROPERTY OWNERS ASSOCIATION, INC. ("POA"), a North Carolina nonprofit corporation, WITNESSETH WHEREAS, POA owns and operates certain wastewater collection and treatment facilities described on Exhibit "A" (the "Wastewater Facilities") pursuant to Permit No. W00004115 issued on October 29,1996, by the State of North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality (the "Original Permit") (the 04W Permit, as it may be amended, renewed, etcteaded, replaced or reissued to POA, its successors, succxssora-in-title or assigns, is rdwW to herein as the "Permit," and all references to specific paragraphs of the Permit herein shell be deemed amended as necessary to reflect the corresponding paragraphs of any amendment to or replacement of the Original Permit); and WHEREAS, CLUB is the owner of certain property more particularly described on Exhibit "B" which is presently operated as a golf course, clubhouse and related facilities ("Club Property"); and WHEREAS, tha Wastewater Facilities are designed to save the Club Property and the residential development known as Champion hills located in Henderson County, North Carolina, consisting of that real property now and hereafter made subject to that certain Declaration of Covenants, Conditions and Restrictions for Champion Hills recorded in the public records of Henderson County, North Carolina on April 10,1992 at Book 796, Page 65, 9L M., as it may be supplemented and amended (the "Development"); and WHEREAS, the Club Property presently includes certain improvements consisting of pow, p-ls. pipes, lines. sprinUers and equipment comprising a spray irrigation system fvr the golf course on Club Property ("Spray Irrigation System"), and WHEREAS, a portion of the Spray Irrigation System for holes 1, 2, 3, 5, 6, 7, 8,10,11, 12, 13, 14, IS,16 and 18 of the golf course qualifies under the Permit for the disposal of treated effluent (the "Qualified Effluent Spray Irrigation Facilities"); and WHEREAS, POA desires to make use ofthe Club Property and the Qualified Effluent Spray Irrigation Facilities for the purpose of disposing of treated effluent from the Wastewater Facilities as required by and in accordance with the Permit; and 31042 P547 WHEREAS, CLUB is able to use treated effluent for irrigation ofthe Chub Property and desires to have access to the treated effluent from the Wastewater Facilities for such purpose in order to have an assured supply of water for irrigation of the Club Property in the event of drought or severe water shortages and in order to avoid the ecpemse of purchasipg water from other sources in such event; and WHEREAS, CLUB acimowiedges that it benefits from the operation of the Wastewater Facilities and desires to grant a non-cwhisive easement to POA over the Club Property for access to and use ofthe Qualified Meat Spray Irrigation Facilities to collect and dispose of treated effluent in accordance with the Permit, and is willing to undertake certain responsibilities with respect thereto in consideration for the use of such treated effluent for irrigation purposes at no cost to CLUB; NOW, THEREFORE, for and in consideration ofthe above recitals, which are incorporated by this reference, the mutual covenants contained berem, and other good and valuable consideration, the receipt and sufficiency ofwhich the parties do hereby aclmowledge, and i tendmg to be legally bound heroby, the parties do herby covenant and agree as follows: 1. GRANT OF EASEMENT. CLUB hereby establishes, declares, grants and cotivcys to POA, its successors and assigns, and POA doer hereby accept, a papetual, non-exclusive easement appurtenant to the Wastewater Facilities on, ova, under, through and across such portions of the Club Property as sue reasonably necessary for the purpose of ingress, egress and access to, and inspectiag, monitoring, testing, maintaining,. repairing, replacing, and operating the Wastewater Facilities and tho Spray Irrigation System, and for use ofthe Qualified Effluent Spray Irrigation Facilities for the purpose of disposing of treated effluent from the Wastewater Facilities in accordance with the Perouit, for determining compliance with the Ponit, and for inspection of records to be maintained pursuant to the Permit and this Agreement ("Easement"). The Easement may be exercised by or on bebalf of POA, its successors, successors -in -title, or assigns, and by the State of North Carolina and any other governmental entity now or hereafter having jurisdiction and authority over the Wastewater Facilities and the activities contemplated by the Permit ("Governmental Authorities"), by the officers," diraxoi% employees, agents and designees of any of them. CLUB hereby expressly reserves for itself; its hears, successors, successors -inn -title and assigns, all rights and privileges incident to the ownership ofthe fee simple estate ofthe Club Property and the Spray Irrigation System which are not inconsistent with the rights and privileges herein granted. 2. OBLIGATIONS OF POA. POA shall be responsible for ensuring compliance with the Permit and for fulfillment of all responsibilities thereunder, subject to the right to demand that CLUB fiM its responsibilities pursuant to Paragraph 3 of this Agreement. 0 3 104 2 P 5 4 8 0 3. OBLIGATIONS OF CLUB. (a) Public Access CLUB agrees to take such steps as are reasonably necessary to control public access to the land application sites on the Club Property during active spraying of treated effluent on such sites, which may include posting of signs indicating the activities being conducted and the location of Bawl activities, and such other means as may reasonably be requested by POA or otherwise required to comply with the Permit. CLUB shall post a sign in plain sight in its clubhouse indicating that went spraying activities take place on the Club Property. (b) Veg Utive Cover. Runoff. CLUB shall at all times maintain a suitable vegetative cover on the moray irrigation sites as required to comply with the Permit and implement adequate measures to prevent wastewater runofffrom the spray irrigation sites as required by the Permit. (c) l"ia lwe of Sor"Ing Activities. CLUB shall have exclusive control over the timing of spraying activities, subject to the Permit and this Agreerneet. CLUB shall conduct spraying activities as necessary to avoid overflow of ponds, ateept that spraying activities shall not be performed during inclement weather or when the ground is in a condition that will cause runoff. (d) Annikation Rats CLUB shall not permit the rate ofapplication oftreated effluent to exceed that allowed by the Permit. (e) Buffers In conducting spray irrigation activities, CLUB shall maintain such buffers as are required by the Permit. M CLUB shall maintain the Spray Irrigation System in proper working order at all times. CLUB shall operate and maintain the Qualified Effluent Spray Irrigation Facilities so that there is no discharge to the surface waters, nor any contamination of ground waters which will render them unsatisfactory for normal use. In the event that the Qualified Effluent Spray Irrigation Facilities fag to perform satisfirctonly, including the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, CLUB shall cooperate with POA in taking such corrective action as may reasonably be required with reaped to the Qualified Fluent Spray Hngation Facilities. (g) Monitoring and Record Keening. CLUB shall cooperate with POA in establishing and carrying out such monitoring and recordkeeping programs as may be required by the Permit or as otherwise deemed necessary by any Governmental Authorities. CLUB shall maintain adequate records and CLUB shall furnish such records to POA on such forms as may be specified by the Permit and in a timely manner as agreed by POA. In addition, CLUB shall conduct regular inspections of the Qualified Effluent Spray Irrigation Facilities to insure proper operation and identify any conditions which indicate noncompliance with standards established under the Permit, pose a threat to human health, or create a nuisance. CLUB shall maintain an inspection log or summary including at least the date 0 31042 P549. and time of inspection, observations made, and say maintenance, repairs, or corrective actions taken, which log shall be maintained for a period of at least three (3) years fiom the date of inspection and shall be made available upon request to POA and Governmental Authorities. (h) Modiirr tion of Qualified F.fllueat Snrav IrAution Facilities CLUB shall not expand, relocate or otherwise make any modifications to the Qualified Effluent Spray Irrigation Fwlilies without prior written notice to POA and modification of the Permit. POA shall cooperate with CLUB in seeking any modification to the Permit that CLUB may reasonably require in order to improve the performance of the Qualified Effluent Spray Irrigation Facilities or minimize the impact of efuert spray irrigation actimbes on the Club Property. 4. FAILURE TO COMPLY. If either party lima to comply with its obligations hereunder or under the Permit, or if either party discovers a faihre in the fircilities which are the responsibility of the other party hereunder, then the non4esponsible party shall have the right, upon at least five (5) days' prior written notice to the other specifying the nature of the noncompliance or fiulure and demanding corrective action (except in an emergency situation, when giving of prior notice is not practical and shall not be requiroll to enter upon the property of the other and take such action as may reasonably be necessary to sue such noncompliance or failure. In such event, the responsible party shall be liable to the curing party for all costs reasonably incurred by the suing party in effecting such cure Nothing herein shall be deemed a limitation on either patty's ability to enforce this Agreement by any means available at law or in equity, including a suit for damages or equitable relief. S. NO WARRANTIES. POA, by execution of this Agreement, acknowledges and affirms that CLUB does not make any warranty, express or implied, of any kind or any nature whatsoever with respect to the Club Property or the Qualified Effluent Spray Irrigation Facilities and all such warranties are expressly disclaimed. 6. 1 1 This Agreement is intended to have perpetual duration, provided, however, if any of the provisions of this Agreement shall be unlawful, void, or voidable for violation of the rule against perpetuities, than such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Her Royal Ids Elizabeth U, Queer of England. 7. BINDING AGREI&MENT. This Agreement shall be bindingupon and inure to the benefit of CLUB and.POA and their respective successors, suceessomin--title and assigns. Whenever any reference is made in this Agreement to either of the parties, such reference shalt be deemed to include a reference to the heirs, legal representatives, successors, successors -in -title and assigns of such party. S. COVENANTS ILUN WITH THE LAND. CLUB and POA agree that this Agreement shall be recorded in the Henderson County, North Carolina land records and that all of the provisions hereof and all of the rights, easements and obligations dated herein shall be and constitute covenants running with the fee simple estate in the Club Property and the Wastewater Facilities. Any conveyance of all or any portion of the Club Property or Wastewater Facilities • 31042 PSSd shall be subject to the terms and provisions of this Agreement, regardless of whether the instrument of conveyance refers to this Agreement. 9. RfMURVI A170N. This Agreement shall be governed by and constmed under the laws of the State of North Carolina. 10. MODIFICATIONS. WAIVERS AND CONSENTS. Modifications, waivers and consents regarding this Agreement shall be binding only if in writing and signed by the parties hereto. IN WITNESS VVHEREOF, the have signed, seated and delivered these presents as their own free act and deed as of they of /r -P 6 etJ r . 20" IS�:'IT \\\ice °� 4tf•' wn.w �,,�.,�n7 ��•+Y T v O J r� �J vQb,Y,. +JI:il/1t11�tt STATE OF NORTH CAROLINA COUNTY OF HENDERSON POA. CHAMPION HILLS PROPERTY OWNERS ASSOCIATION, INC., a North Carolina nonprofit corrp�ora/ti'on By: YJl Attest: - Its: y, . I, MSTAL ASskommo t , a Notary %bno for the State and County aforesaid, do hereby certify that MOd D. ALAMWO personally appeared before me this day and acknowledged that Mahe is _ Pl'•_, LbQJ r ', of Champion Hilts Property Owners Association, Inc., a North Carolina nonprofit corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its 3M LD6N i , sealed with the corporate seal, and attested by, AJWu S —A. 57V& 5 ou as its d I LC ?f.FSiDW-r , as an act of and on behalf ofthe corporation. ee���laremt Witness my band and official seal this / day of (<bV&7AMt 20 00. t� ial seal] Notarylic My commission expires: bow Farmy R/ 2DOti [contirmed on next page] 5 • • FM 5i 0 31042 P 5 5 1 CLUB: CHAMPION HILLS CLUB, INC., a North Carolina nonprofit corporation By: its. AtIost, STATE OF NORTH CAROLINA COUNTY OF HENDERSON L MMSTAL ASS024101 a Notary Public for the State and County aforewd, do hereby ccr* that ji&jWJR C. jC0 pmonally appeared before me this day and acknowledged that he/she is 41(K PeGSIDEMr of Champion IM Club, Inc., a North Carolina nonprofit corporation,— and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its VICIE.PM- 09-er sealed with the corporate seal, and attested by IntnikS IF - R. as its �+ JgeUrol=— -- .aq an act of and on behalf of the corporation. ,rent m my hand and offieW seal this I day of AAW66y, 20A. qvipo l l PublicNMy commission expires: 00 Feb Minh C,4v, ft—d~.'qMfty nth ' w 31042 P 5 5 2 0 EXHIBIT "A" Description of Wastewater F ditties The PONs Wastewater FaclUties consist of .a Wastewatee Collection _System and a Wastewater Treatment System located m Henderson County, North Carolina. A. The Wastewater CaReetion System includes: 1. Approximately 12 miles of 8 inch diameter PVC sewer mains with associated easements; 2. Sewer Main connection stubs for most users of the system; 3. Appnwumately 450 Manholes through which the sewer mains connect; and 4. Eight Lift Stations with associated Farce Mains. B. The Wastewater Treatment System includes: 1. Wastewater Try facilities with a current capacity of 70,000 OPD, but expandable to 140,000 CrPD, at on POA property of approxia stely 2.86 Acres; 2. Two Lift Stations (hduent and Effluent); 3. One 700.000 gal. Effluent holding pond; 4. One Equipment building; 5. Miscellaneous mechanical and electrical equipment and associated ties; 6. Miscellaneous roads, fences and gates. 0 31042 P 5 5 3 EXHIBIT "B" Description of Club Property The CLUB'S PROPERTY consists of a Clubhouse a Golf Course and various non -golf Recrea tional Facilities located in Henderson County, North Carolina. A The Clubhouse includes a building which houses various dining facilities, administration offices, pro -shop, locker rooms, cart and club storage areas, etc.; plus surrounding grounds, fixtures and improvements. B. The Golf Course includes an eighteen hole golf course, various practice areas, a maintenance facility with offices, equipment, and supplies plus all associated Land, fixtures, improvements, including, but not limited to, a golf course irrigation system. C. The various non -golf Recreational Faalities include a Fitness Center, a Swimming Pool and Tennis Courts plus all related fixtures, improvements, equipment, do. • Attachment H North Carolina Department of Environmental Quality Division of Water Resources Permit Number: WQ0004115 Permit Type: Reclaimed Water Facility Name: Champion Hills WWTP Facility Addressi: 1000 Indian Cave Rd Facility Address2: City, State & Zip: Hendersonville, NC 28739 Owner Information Details: MUST submit a Change of Name/Ownership form to DWR to make any changes to this Owner information. (Click here for "Change of Name/Ownership"form) Owner Name: Champion Hills Property Owners Association Inc Owner Type: Non -Government Owner Type Group: Organization *** Legally Responsible for Permit *** (Responsible corporate officer/principle executive officer or ranking elected official/general partner or proprietor; or any other person with delegated signatory authority from the legally responsible person.) Owner Affiliation: John McGuire Title: Vice President POA President Addressi: 157 Cl iattoocra Rui 73 Old Hickory Address2: City, State & Zip: Hendersonville, NC 28739 Work Phone: Fax: Email Address: johnmcguire4@gmail.com *** Permit Annual Fee Billing *** Billing Month: January Invoice Number Invoice Date Invoice Due Date Invoice Amount Invoice Status Owner Contact Person(s) Contact Name Title Address Phone Fax Email Craig Galloway Director of Grounds 1 Hagen Dr, Hendersonville, NC 28739 828-696-1662 828-696-2097 craig@chapionhills.com & Facilities Facility Contact Person(s) Contact Name Title Address Phone Fax Email Permit Contact Person(s) Contact Name Title Address Phone Fax Email Craig Galloway Director of Grounds 1 Hagen Dr, Hendersonville, NC 28739 828-696-1662 828-696-2097 craig@championhills.com & Facilities Permit Billing Contact Person(s) Contact Name Title Address Phone Fax Email Champion Hills 1 Hagen Dr, Hendersonville, NC 28739 800-633-5122 CHinfo@championhills.co Property Owners m Association Inc Page 1 Permit Number: WQ0004115 Permit Type: Reclaimed Water Facility Name: Champion Hills WWTP Facility Addressi: 1000 Indian Cave Rd Facility Address2: City, State & Zip: Hendersonville, NC 28739 Persons with Signatory Authority Tvpe Contact Name Title Address Phone Fax Email Permit Robert Barr Contact Operations 1 Hagen Dr, Laurel Park, NC 828-696-1962 828-696-8923 rbarr@rpbsystems.com President 28739-8964 Permit Karl G Griffiths 322 Fairground Ave, 828-697-2651 Hendersonville, NC 28792 Designated Operators If the designated operators listed below are incorrect or no longer associated with the collection system, the information can be updated by su a completed 'Operator Designation Form" (Click Here for ORC Designation Form). Please provide specific details as to the changes requested, A the addition/removal of designated operators. For a// other operator questions or issues, please call 919-807-6353. Facility Classification: SI Operator Name Role Cert Type Cert Status Cert # Effective Date Karl G Griffiths ORC SI Active 15613 10/1/2021 Robert P Barr Backup SI Active 24262 10/1/2021 Danielle Ann Hunter Backup SI Active 1007992 10/1/2021 Kenneth Jason Rummel Backup SI Active 1010634 10/1/2021 W-1