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HomeMy WebLinkAboutWQ0001664_Final Permit_20200310ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 10, 2020 J. BRYCE MENDENHALL — VICE PRESIDENT OF OPERATIONS CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA POST OFFICE BOX 240908 CHARLOTTE, NORTH CAROLINA 28224-0908 Subject: Permit No. WQ0001664 Belvedere Plantation WWTP Reclaimed Water Generation, Conjunctive Utilization, and High -Rate Infiltration System Pender County Dear Mr. Mendenhall: In accordance with your permit renewal request received August 13, 2019, and subsequent additional information received December 16, 2020, we are forwarding herewith Permit No. WQ0001664 dated March 10, 2020, to Carolina Water Service, Inc. of North Carolina for the continued operation of the subject reclaimed water generation, conjunctive utilization, and high -rate infiltration facilities. This permit shall be effective from the date of issuance through March 31, 2026, shall void Permit No. WQ0001664 issued February 14, 2017, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than October 2, 2025. Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit conditions since the last permit issuance dated February 14, 2017: ➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable The following permit conditions are new or modified since the last permit issuance dated February 14, 2017: ➢ Condition I1.20. — The setbacks have been modified to reflect the rules in place at the time each unit was originally permitted. ➢ Condition III.18. —Metering equipment shall be tested and calibrated annually. ➢ Condition I1I.19. — An automatically activated standby power source or other means to prevent improperly treated wastewater from entering the storage, distribution, or utilization system shall be provided. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORn+cnaouNn. � r m �r.I 919.707.9000 Mr. J. Bryce Mendenhall March 10, 2020 Page 2 of 2 ➢ Condition III.22. — The Permittee shall provide notification to the public and its employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. ➢ Condition I11.23. — The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. If you need additional information concerning this permit, please contact Tessa Monday at (919) 707-3660 or tessa.monda ncdenr. ov. Sincerely, Daniel Smith, Director Division of Water Resources cc: Pender County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY [I'll"[!tl RECLAIMED WATER GENERATION, CONJUNCTIVE UTILIZATION, AND HIGH -RATE INFILTRATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Carolina Water Service, Inc. of North Carolina Pender County FOR THE operation of a 300,000 gallon per day (GPD) reclaimed water generation, conjunctive utilization, and high - rate infiltration facility consisting of the: continued operation of a reclaimed water generation system consisting of: an influent manual bar screen; a fine screen; an 80,000 gallon flow equalization tank; a flow equalization tank; a flow splitter box; two 18,729 gallon anaerobic basins; two 26,272 gallon anoxic basins; two 83,685 gallon aeration basins; two 18,928 gallon anoxic basins; two 3,094 gallon re -aeration basins; a 38,089 gallon clarifier; a 23,450 gallon clarifier; a 30 cell, 175 square foot (ft2) tertiary filter; a 3,293 gallon mudwell; an 8,976 gallon chlorination tank; a 60,000 gallon aerobic digester; a flow meter; a turbidimeter; a 180 kilowatt (kW) auxiliary generator located at the treatment facility; a 40 kW auxiliary generator located at the high -rate infiltration site; an fl- inch polyvinyl chloride (PVC) force main; effluent pump stations; a lined 1,502,986 gallon 5-day upset pond; a 6,023,973 gallon storage pond; and all associated piping, valves, controls, and appurtenances; the continued operation of a high -rate infiltration system consisting of: three 0.27 acre high -rate infiltration basins; a 568,218 GPD mechanical groundwater lowering system discharging to adjacent wetland; and all associated piping, valves, controls, and appurtenances; and the continued operation of a conjunctive reclaimed water utilization system consisting of approximately 57.53 acres of irrigation area on Belvedere Golf Course; and all associated piping, valves, controls, and appurtenances to serve the Belvedere Plantation WWTP, with no discharge of wastes to surface waters, pursuant to the application received August 13, 2019, subsequent additional information received December 16, 2020, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through March 31, 2026, shall void Permit No. WQ0001664 issued February 14, 2017, and shall be subject to the following conditions and limitations: WQ0001664 Version 5.0 Shell Version 200201 Page 1 of 13 I. SCHEDULES 1. Within 30 days of permit issuance, the Permittee shall provide a complete Operation and Maintenance Plan at the facility. The plan shall include maintenance measures for the storage and disposal operations. The copy of the plan shall be sent to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 or Non-Discharge.ReportsCrar,,ncdenr.gov. [15A NCAC 02T .0108(b)(1)(B), 02T .0707(a)] 2. The Permittee shall request renewal of this permit on Division -approved forms no later than October 2, 2025. [15A NCAC 02T .0105(b), 02T .0109] H. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject reclaimed water and high -rate infiltration facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement reclaimed water generation, conjunctive utilization, and high -rate infiltration facilities, or cessation of reclaimed water conjunctive utilization activities. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0705(b), 02U .0301] 5. Reclaimed water shall only be utilized at the sites and for the activities specified in Attachment B. [ 15A NCAC 02U .0401(g)] 6. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0705(m)] 7. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)] 8. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or otherwise marked to identify the source of the water as being reclaimed water as follows: a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less; b. Identification tape shall be at least three inches wide and have white or black lettering on purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe; and c. Existing underground distribution systems retrofitted for the purpose of conveyin reclaimed water shall be taped or otherwise identified as noted in II.8.a. and II.8.b. This identification need not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. WQ0001664 Version 5.0 Shell Version 200201 Page 2 of 13 [15A NCAC 02U .0403(c)] 9. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U .0403(d)] 10. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .0403(e)] 11. There shall be no direct cross -connections between the reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403(f)] 12. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .0403(g), 02U .0403(h)] 13. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)] 14. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)] 15. Reclaimed water irrigation fields permitted prior to September 1, 2006 have compliance and review boundaries established at the property boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02H .0219(k)(1)(C)(i)(III), G.S. 143-215.1(i), G.S. 143-215.1(k)] 16. High -rate infiltration sites permitted on or after December 30, 1983 have a compliance boundary that is either 250 feet from the infiltration area, or 50 feet within the property boundary, whichever is closest to the infiltration area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)] 17. The review boundary is midway between the compliance boundary and the infiltration area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L .0108] 18. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [ 15A NCAC 02L .0107(c)] 19. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] WQ0001664 Version 5.0 Shell Version 200201 Page 3 of 13 20. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Pender County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] 21. The facilities herein were permitted per the following setbacks: a. The reclaimed water irrigation sites were originally permitted June 24, 1999. The setbacks for irrigation sites originally permitted or modified from June 1, 1996 to August 31, 2006 are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters not classified SA: 25 iii. Each water supply well: 100 iv. Each non -potable well: 10 v. Each swimming pool: 25 [15A NCAC 02H .0219(k)(1)(C)(i)] b. The 80,000 gallon equalization basin, 38, 089 gallon clarifier, 8,976 gallon chlorine contact basin, 60,000 gallon aerated sludge tank (digester), 1,502,986 gallon lined 5-day upset pond, and 6,023,973 gallon irrigation pond were originally permitted June 24, 1999. The setbacks for treatment and storage units originally permitted or modified from June 1, 1996 to August 31, 2006 are as follows (all distances in feet): i. Each on -property residential unit if the unit is to be sold: 10' ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2 vi. Nitrification field: 20 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02H .02190)(5)] WQ0001664 Version 5.0 Shell Version 200201 Page 4 of 13 c. The infiltration sites were originally permitted February 9, 2015. The setbacks for infiltration sites originally permitted or modified from September 1, 2006 to August 31, 2018 and meeting the October 27, 2006 High -Rate Infiltration Policy are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each habitable residence or place of assembly owned by the Permittee: 50 iii. Each private or public water supply source: 100 iv. Surface waters: 1004 v. Groundwater lowering ditches: 1004 vi. Surface water diversions: 50 vii. Each well with exception of monitoring wells: 100 viii. Each property line: 50 2,3 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 100 x. Each water line: 10 xi. Subsurface groundwater lowering drainage systems: 1004 xii. Each swimming pool: 100 xiii. Public right of way: 50 xiv. Nitrification field: 20 xv. Each building foundation or basement: 15 xvi. Each impounded public surface water supply: 500 xvii. Each public shallow ground water supply (less than 50 feet deep): 500 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. Z Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. 3 Per a setback waiver recorded in the Pender County Register of Deeds, reduced setbacks from the wetted area to any property line are as follows: Parcel No. Deed Book / Page Setback Easement 4204-62-1555-0000 4632 / 2495 5 feet 45 feet 4 Setbacks to surface waters, groundwater lowering ditches, and subsurface groundwater lowering drainage systems have been reduced from 200 to 100 feet because the treatment units are designed to meet a Total Nitrogen of 7 mg/L and a Total Phosphorus of 3 mg/L. [ 15A NCAC 02T .0706(a), 02T .0706(b), 02T .0706(e), 02T .0706(f), 02T .0706(g)] WQ0001664 Version 5.0 Shell Version 200201 Page 5 of 13 d. The 23,450 gallon clarifier treatment unit was originally permitted October 3, 2007. The setbacks for storage and treatment units originally permitted or modified from September 1, 2006 to June 17, 2011 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2,3 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02H .0404(g), 02T .0912(a)] The two 18,729 gallon anaerobic basins, two 26,272 gallon anoxic basins, two 83,685 gallon aeration basins, two 18,928 gallon anoxic basins, two 3,094 gallon re -aeration basins, a 38, 089 gallon clarifier, a 23,450 gallon clarifier, a 30-cell 175 ft2 tertiary filter, a 3,293 gallon mudwell, a 8,976 gallon chlorination tank, a 60,000 gallon aerobic digester, a 5,000 gallon sludge box, a 180 kW auxiliary generator, 40 kW auxiliary generator, effluent pump stations treatment units were originally permitted February 9, 2015. The setbacks for storage and treatment units originally permitted or modified from June 18, 2011 to August 31, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each on -property residential unit if the unit is to be sold: 101 iii. Each private or public water supply source: 100 iv. Surface waters: 50 v. Each well with exception of monitoring wells: 100 vi. Each property line: 50 2, 3 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02H .0404(g), 02U .0701(a)] WQ0001664 Version 5.0 Shell Version 200201 Page 6 of 13 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02U .0101, 02T .0700] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in detail to show what operations are necessary for the system to function and by whom the operations are to be conducted; b. A description of anticipated maintenance of the system; c. Provisions for safety measures, including restriction of access to the site and equipment; and d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation, and contact information for personnel, emergency responders, and regulatory agencies; [15A NCAC 02U .0801(a), 02T .0707(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [ 15A NCAC 02U .0401(e)] 5. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U .0801(b)] 6. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation and infiltration sites listed in Attachment B. [15A NCAC 02U .0801(c), 02T .0707(c)] 7. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)] 8. Irrigation and infiltration equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02U .0801(d), 02T .0707(d)] 9. Only reclaimed water and treated effluent generated from the Belvedere Plantation WWTP shall be utilized at the sites and for the activities specified in Attachment B. [ 15A NCAC 02U .0101, 02T .0701] 10. The Permittee shall not allow vehicles or heavy machinery on the irrigation and infiltration areas, except during equipment installation or maintenance activities. [15A NCAC 02U .0801(e), 02T .0707(e)] 11. The Permittee shall prohibit. public access to the wastewater treatment, storage, and infiltration facilities. [15A NCAC 02T .0108(b)(1)(A), .0705(p)] 12. Public access to reclaimed water utilization sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. [15A NCAC 02U .0501(a)(2), 02T .0705(p)] 13. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC 02T .0708, .1100, 02U .0802]. WQ0001664 Version 5.0 Shell Version 200201 Page 7 of 13 14. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities unless diverted to an alternate treatment or collection system. [15A NCAC 02T .0108(b)(1)(A)] 15. Freeboard in the 1,502,986 gallon lined 5-day upset pond and the 6,023,973 gallon storage pond shall not be less than two feet at any time. [15A NCAC 02U .0401(h)] 16. Gauges to monitor water levels in the 1,502,986 gallon lined 5-day upset pond and the 6,023,973 gallon storage pond shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02U .0801(f)] 17. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02U .0801(g)] 18. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)] 19. An automatically activated standby power source or other means to prevent improperly treated wastewater from entering the storage, distribution, or utilization system shall be provided. [15A NCAC 02U .0401(d)] 20. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. [ 15A NCAC 02U .0401(b)] 21. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be prohibited from entering the storage, distribution, or utilization system, and shall be disposed of via the infiltration basins until the reclaimed water standards are met at the generating facility. [15A NCAC 02U .0401(c)] 22. The Permittee shall provide notification to the public and its employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501(a)(2)] 23. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [ 15A NCAC 02U .0501(a)(4)] 24. The infiltration areas shall be cleaned at least once per permit cycle to remove deposited materials that may impede the infiltration process. Cleaning records shall be maintained at the facility for five years, and shall be made available to the Division upon request. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified prior to each cleaning. [15A NCAC 02T .0707(h)] WQ0001664 Version 5.0 Shell Version 200201 Page 8 of 13 IV. MONITORING AND REPORTING REQUIREMENTS The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [ 15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the generated reclaimed water and effluent at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of reclaimed water distributed and shall include the following information: a. Date reclaimed water distributed; and b. Volume of reclaimed water distributed to each site specified in Attachment B (monthly total). Monthly tracking records shall be summed and reported on Form NDMR (see Attachment A) under parameter WQO 1 (Flow, Reclaimed Water Distributed). This value shall represent the total volume of reclaimed water distributed for that month. [ 15A NCAC 02T .0108(c)] 6. The Permittee shall maintain records tracking the amount of effluent infiltrated. These records shall include the following information for each infiltration site listed in Attachment B: a. Date of infiltration; b. Volume of effluent infiltrated; c. Site infiltrated; d. Length of time site is infiltrated; e. Loading rates to each infiltration site listed in Attachment B; and f. Weather conditions. [15A NCAC 02T .0108(c)] 7. Freeboard (i.e., water level to the lowest embankment elevation) in the 1,502,986 gallon lined 5-day upset pond and the 6,023,973 gallon storage pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [ 15A NCAC 02T .0108(c)] 8. Three copies of all monitoring data (as specified in Conditions IV.3., IV.4., and IV.5.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.6. and IV.7.) on Form NDAR-2 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] WQ0001664 Version 5.0 Shell Version 200201 Page 9 of 13 9. Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the reclaimed water generation and dedicated utilization facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources Non -Discharge Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [G. S. 143-215.1 C(a)] 10. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02U .0802(b), 02T .0708(b)] 11. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of irrigation and infiltration equipment calibration; c. Date of turbidimeter calibration; d. Date and results of power interruption testing on alternate power supply; e. Visual observations of the plant and plant site; and f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.); and g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date .of occurrence, estimated volume, and corrective action taken. [15A NCAC 02U .0801(h), 02T .108(b)(1)] 12. Monitoring wells MW-7, MW-8, MW-9, MW-10, MW-11, MW-12, MW-13, and NM-14 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] 13. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] WQ0001664 Version 5.0 Shell Version 200201 Page 10 of 13 14. An annual report that shows the impacts of the dewatering on the wetlands shall be submitted to the Division no later than January 31" of each year. The Permittee shall contact the Division upon discovering that the monitoring data shows dewatering is impacting more wetlands than is authorized by the certification. In the event that the reported impacts and/or the annual monitoring reports show that more wetlands are being dewatered than are originally authorized, additional monitoring will be required. Two copies of the annual report shall be submitted to: Division of Water Resources Non -Discharge Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0108(b)(1)] 15. Noncompliance Notification: The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any failure resulting in a discharge untreated or partially treated wastewater to surface waters. d. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition IV. IO.g. but do not require Regional Office notification. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. f. Ponding in or runoff from the irrigation sites. g. Effluent breakout from the infiltration sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Wilmington Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] WQ0001664 Version 5.0 Shell Version 200201 Page 11 of 13 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed water generation, utilization, and infiltration facilities. [15A NCAC 02U .0801(i), 02T .07070)] 2. The Permittee shall inspect the reclaimed water generation, utilization, and infiltration facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02U .0801(h), 02U .0801(i), 02T .0707(i), 02T .07070)] 3. Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the reclaimed water generation, utilization, and infiltration facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] WQ0001664 Version 5.0 Shell Version 200201 Page 12 of 13 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02U; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: i. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e.. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.613, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [ 15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T. 0 1 20(c)] Permit issued this the 10t' day of March 2020 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION tDaniel Smith, Director ivision of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0001664 WQ0001664 Version 5.0 Shell Version 200201 Page 13 of 13 THIS PAGE BLANK Okii c .o x w CL p, O O a O 0 0 0 O o o d o a c a a ,. u a a o 0 °' 0 0 0 0 0 0 0 °J a PP4G U U U U U U U U U a w a x x ❑ N A e C T H A c a ' W e � W � o w � ?+ o 0 O Q M W � O p b to Q a a z GG G ��.. FF FF GG � o z AL a v z 0 Cd eq Z v, o E a E- b C a°i a°i aci aci pro Q o o c b b o v v U U U w Z Z Z Z c a U) E w -- o_ o o 00 O O kn 110 o O o M �N l— E-- �o I'o � � enkn O en vi O o O O O 00 O 0 00 0 O GO F W = N a a W a w x O V 7 .x i, A e F A W a c L o " w w c7 0 F C O O � O a w y U Ca Q d � 3 U a z � 3 W o w w a� 3 N W O N cC A. re 14 V E Co a � a w a e oc N 06 o6 is v, A 3 C � H A ►r C a d W c °w � w o W C7 �d o � U a F ° ° '1 U z 00 W w Y d b F" b o w U U w Z z a s U o �o 0 0 0 0 n o o o `o o 0 0 0 0 Po U o M n o 0 0 0 0 N 4- O N E. M I 9 '� cQa7 a Z z o x w 0 Q F cu p o 0 0 U U U Q Id Id Q C G z z z 00 00 00 O O O C O a A v'� d Chi N N N Ci0 zlw- o 6 6 0 d N tn tn y � o G "° o O M O o w 00 00 a Cd a rn Q M M M W �i � N N F 0 0 0 z � cz z'0 �.0 t�t� wU ,.0 O Y �z3z3z � C C U U U ¢ GG U c US O 0 ui i N 4.4 O N a) bA a Em U cd v O 0 I o `^ N O W H W W d W U O z o .. 7 Chi k M k M k M k M k M k M k M k M C 7 C W � I FF 4t GG -��••�C.. GG H � ►Zti. O N �' . 0 06tn 0 In a `° vs o °a F H ° y o Rn 7 oa v z o 0n co co E Fpy U U 44 z up C�7 CD o \o 0 0 o vn o �o U a w 0 0 " fV M .O 9 M A N Cd Q N 4. O N N by cd a w 0 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH APPENDIX A-1 DOCKET NO. W-354, SUB 304 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION CAROLINA WATER SERVICE INC. OF NORTH CAROLINA is granted this CE TIFICATE OF PUBLIC CONVENIENCE AND NECESSITY to provide water and sewer utility service in 6ELVEDERE_ PLAfTATION SUBDIVISION Pender 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 19"' day of January, 2007. NORTH CAROLINA UTILITIES COMMISSION A01L �.Mowv& Gail L. Mount, Deputy Clerk ✓ �tjaA p.Q. p - q � Vim. NC J-SgDa- STATE OF NORTH CAROLINA COUNTY OF PENDER or 15 5 10 Ad 8: C' 2 REGISTER; 0'r DEEDS FENJE COUNTY,4iCtb` EASEMENT AND MAINTENANCE AGREEMENT R��THIS EASEMENT AND MAINTENANCE AGREEMENT entered into this S day of �, 2004 by and between BRIDGEWATER GOLF PROPERTIES, INC., a North Carolina corporation (herein "Owner") and BELVEDERE UTILITY DEVELOPMENT, LLC, a North Carolina limited liability company (herein "BUD"). WHEREAS, Owner, is the current owner of the Belvedere Plantation Golf and Country Club more particularly described in that deed recorded in Book 767 at Page 253 of the Pender County Registry. All the property described in said deed is herein referred to as the "Golf Course;" WHEREAS, the members of BUD are developers who are current owners and prior owners of various tracts of land surrounding or in the near vicinity the Golf Course. Particularly, this land is described as follows: All land located in the general vicinity o£Belvedere Plantation, Pender County North Carolina, currently of previously owned by Jack Broadbridge, Bridgewater Golf Properties, Inc., Belvedere Plantation, LLC, Pender Land Holdings, Inc., and Pender Marina Holdings, Inc. and their affiliates, successors or assigns. (herein the "Property')( "Property" shall also mean such other land whether or not owned by the member developers which BUD may designate within a two mile radius of the Golf Course). WHEREAS, providing sewer service to the Property is necessary to promote and facilitate the development of the Property. BUD was organized by its members as an efficient means of achieving the availability of this service; WHEREAS, BUD has contracted with Carolina Water Service, Inc. of North Carolina, a North Carolina corporation (herein "CWS") to provide BUD water and sewer service to the Property. As part of its agreement with CWS, BUD and/or its members have installed wastewater distribution facilities to serve portions of the Property. In addition, BUD has constructed and installed necessary effluent disposal facilities, including but not limited to holding ponds, spray irrigation systems, effluent transmission mains and other facilities that are reasonably required to provide for adequate disposal of not less than 300,000 gallons per day of effluent in accordance with applicable E "" M2336H 156 governmental standards. In addition, CWS has a permit from NCDENR to install two disposal ponds on fairways #2 and 94 of the Golf Course. Said existing improvements and the currently permitted future improvements are herein the "Effluent Disposal Facilities." WHEREAS, the Effluent Disposal Facilities are primarily located on the Golf Course, and the effluent is disbursed from holding ponds through spray irrigation systems onto the Golf Course (except for effluent to be stored in the unbuilt disposal ponds which will not be sprayed); WHEREAS, this arrangement is beneficial to the Owner in that the distribution of the effluent aids in the irrigation of the Golf Course. Furthermore, the spray irrigation system also serves to disburse the normal irrigation from the Owner's fresh water pump; In addition, the pump which serves the disbursement of the effluent is available as a back-up to Owner's fresh water pump if it should fail; WHEREAS, the Effluent Disposal Facilities require regular monitoring and maintenance to assure the proper performance of their function; WHEREAS, BUD desires to enter into an agreement with Owner whereby Owner, its successor and assigns, as owner of the Golf Course will assume certain duties and responsibilities regarding the monitoring and maintenance of the Effluent Disposal Facilities; WHEREAS, BUD further desires that Owner grant it an easement for the location and operation of the Effluent Disposal Facilities on the Golf Course, as well as easements to BUD for the installation and maintenance of wastewater distribution facilities and wastewater treatment facilities on the Golf Course; NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the benefits recited above, and other good and valuable consideration including consideration provided in a separate agreement of even date between the parties, the Owner and BUD agree as follows: 1. Easement: Owner hereby grants BUD a non-exclusive perpetual easement over the lands of the Golf Course for the installation, operation, repair and maintenance of wastewater treatment and storage facilities, sewer distribution facilities, and Effluent Disposal Facilities, including but not limited to sanitary sewer lines, pipes, j oints, meters, pumps, holding ponds, spray irrigation systems, effluent transmission mains and other facilities, and an easement for the adequate disposal of the effluent through the spray irrigation systems in accordance with applicable governmental standards over the lands of the Golf Course. Notwithstanding the generality of the above, the easement granted herein is limited to following: a. The easement rights granted herein are limited to the permitted improvements and rights granted by NCDENR or any other governmental authorities through currently existing permits issued to BUD or CWS. Any expansion of the facilities beyond the current permits will require an additional agreement with the Owner. ... Fi;2336IG 151 The existing irrigation ponds are located on that.portion of the Golf Course described in Exhibit "A" and shall not be relocated without an additional agreement with the Owner. c. The approved disposal ponds on fairways #2 and #4 of the Golf Course, if constructed, shall be located on the portion of the Golf Course described in Exhibit "B." The above easements are appurtenant to and for the benefit of the Property. However, until such time that BUD is voluntarily dissolved by its members or until such time the BUD records a release, transfer, or modification of the following rights in the office of the Pender County Register of Deeds, BUD shall have the following rights associated with the above easements: a. BUD shall have absolute control of the installation and use of all of the above easement rights and improvements associated therewith by the owners of the Property including the members of BUD and their assigns. b. BUD has the right to designate, contract with, or license a utility company or other independent contractor to provide all or part of the services and duties associated with the water and sewer facilities. BUD may transfer all or part of the improvements to a utility company or other independent contractor. BUD, individually or through a designated utility company, may sell "taps" or "tap permits" to owners of the Property as a prerequisite to their enjoyment in the benefits of the facilities. Said utility company or independent contractor shall have such rights in the above easements as may be granted or assigned by BUD. C. BUD may transfer title to all or part of the improvements associated with the easements to the Owner. However, unless specifically agreed to between the parties, BUD shall retain easement rights in such transferred improvements necessary to the operation of the water and sewer facilities. Subject to state and local restrictions, it is the intent of the parties hereto that the exercise and specific location of the easements granted herein and associated improvements shall be reasonable in light of the intended use of the Golf Course. BUD further agrees to repair as reasonably possible any disturbed area of the Golf Course associated with the exercise of the easement rights herein. TO HAVE AND HOLD said rights and easements to BUD and its successors and assigns forever. Owner does covenant to and with BUD, its successors and assigns, that it is seized of the property over which the easements are granted and that it has good right to convey the easements; that the same are free and clear from any and all encumbrances; and that Owner, its successors and assigns, shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever. M,.. U� N23'%36 C I b 2. Owner's Benefit: Owner shall have the right to use the spray irrigation facilities and the effluent disposal pump for the purpose of irrigating the Golf Course with BUD's effluent and with fresh water so long as it does not interfere with BUD's easement rights and any state and local restrictions including any permits issued regarding the sewage facilities. The rights under this paragraph shall be appurtenant to and run with lands of the Golf Course. 3. Maintennance R•�E air and Monitoring Pursuant to its current agreement with CWS, BUD has agreed to certain maintenance and monitoring responsibilities regarding the Effluent Disposal System. The Owner is in a better position, to handle these responsibilities as part of the operation of its business on the lands of the Golf Course. Therefore, Owner agrees to regularly monitor the level of the current effluent holding ponds and the two future effluent disposal ponds as well as perform such other monitoring, testing and inspection of all parts of the Effluent Disposal System to assure that the system is operating properly and that the effluent is disposed of in accordance with state and local restrictions. BUD shall maintain a checking account (herein the "Account") which names as a signatory a representative of the Owner approved by BUD to disburse payments for maintenance and repairs under the terms and conditions set forth herein. Owner and BUD agree that the cost of the maintenance of the Effluent Disposal System shall be allocated as follows: a. Owner shall arrange and contract for the annual inspection, testing, and adjustments required to the effluent pump and related controls by a qualified technician or as required by state and local regulations. BUD reserves the right to approve or disapprove the inspection company in its sole discretion. Owner shall not contract for the inspection in an amount in excess of $1,000.00 without the prior written consent of BUD. Prior to the inspection, BUD shall deposit in the Account the sum of $1,000.00 to cover the cost of this inspection. BUD shall be responsible for repairs and maintenance to all parts of the Effluent Disposal Facilities up to and including the effluent pump and its controls. BUD shall maintain a minimum balance of $1,000.00 in the Account to cover these repairs. Non -emergency repairs shall require the written approval of BUD prior to any repair or disbursement. In the event of an emergency repair, Owner will attempt to contact BUD for verbal approval of the repair. If Owner is unable to locate a BUD representative for approval, Owner shall proceed with the repair so long as the cost does not exceed $5,000.00. In the event the Account lacks sufficient funds to cover the repair cost. BUD shall promptly reimburse Owner for any portion of the repaiz paid directly by the Owner. c. Owner shall be responsible for grounds maintenance around the effluent holding ponds (and the two approved disposal ponds if constructed) both inside and outside the fence area. BUD shall deposit the sum of $1,000.00 annually in the Account which Owner is authorized to disburse to itself in equal quarterly payments upon performance of its obligations. Br►2336'1`G i 59 Owner shall be responsible for repairs and maintenance of the Effluent Disposal Facilities from the paint that the effluent leaves the effluent.pump. However, if any such repair is attributed to the effluent pump or its controls such, as a blowout of a transfer line due to improper pressure emitting from the effluent pump, then BUD shall be responsible for the associated repairs. Owner shall provide written documentation from a qualified pump repair specialists indicating that the damage is a direct result of the effluent pump or its controls. If BUD is responsible for the repair, it shall be paid as set for in subparagraph (b) hereinabove. Owner agrees to immediately notify BUD of any emergency or non -emergency maintenance or repair situations which may arise regarding the Effluent Disposal System. Owner shall maintain detailed records of any repairs it makes under this agreement and shall deliver to BUD any damaged parts which are replaced as part of any repair. Owner shall immediately repair any and all parts of the Effluent Disposal System which are Owner's responsibility. In the event Owner fails to make any necessary repairs, BUD shall have the right to repair the same and shall be entitled to reimbursement of the costs for the same Owner. 4. Com-,rehensive & General. Public Liability Insurance. Neither BUD nor Owner shall be required to maintain comprehensive and general, public liability insurance. However, if Owner obtains any such insurance, BUD shall have the option at any time to be named as an additional insured on Owner's policy or policies if Owner's insured will provide such coverage. In the event BUD is named as an additional insured, BUD shall promptly reimburse Owner for the difference in premium resulting from the naming of BUD as an additional insured. 5. Indemnification. Except for losses, damages and claims arising out of the acts or omissions of BUD or BUD's agents, contractors and employees, Owner shall indemnify and hold harmless BUD from and against any and all claims arising from Owner's use and operation of the Effluent Disposal Facilities, or from the conduct of Owner's business or from any activity, work or things done, permitted or suffered by Owner in or about the Golf Course or elsewhere and shall further indemnify and hold harmless BUD from and against any and all claims arising from any breach or default in the performance of any obligations on Owner's part to be performed under the terms of this agreement, or arising from any negligence of the Owner, or any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against BUD by reason of any such claim. 6. Notices. All notices given pursuant to this agreement, or required by related matters between the parties, shall be deemed made when addressed to the proper party and sent by certified mail to the following addresses: If to Owner: Bridgewater Golf Properties, Inc. 2368 Country Club Drive Hampstead, N. C. 28443 " R2336PG 160 If to BUD: Belvedere Utility Development, LLC c/o Bridgewater Golf Properties, Inc. 2368 Country Club Drive Hampstead, N. C. 28443 or at such other address as any of the above parties may hereafter notify the others in writing, and the date of mailing (posting, not receipt) shall be the commencement of the notice. 7. Covenants run with the Land: The obligations of the Owner as described herein shall run to Owner's successor and assigns and shall run with and be binding on any subsequent owner of the Golf Course. However, the indemnity provision shall be binding on both the current owner of the Golf Course at the time BUD seeks recovery under the indemnity provisions and upon the owner of the Golf Course at the time the event leading to or creating the basis for the indemnity arose. IN WITNESS WHEREOF, the parties hereto have executed this EASEMENT AND MAINTENANCE AGREEMENT through their duly authorized officers or member/manager, all as of the day and year first above written. BEL7JK UTILI Y DEVELOP ENT, LLC (Seal) BY: (Seal) ROADBRIDGE, manager BY: PENDERILAND HOLDINGS, INC., manager (Seal) BY: (Seal) N e Cc� �� ,. Title: BY: BELVEDERE PLANTATION, LLC, manager (Seal) BY: Block I. evelopment,ager (Seal) By:_ ... (Seal) 'orman E. Block, member/manager BY: ��� G+ 5�� c�°s manager(Seal) `(Seal) Name: `"+ BI;2336PPu 16 1 BRIDGEWATER GOLF WOPER IES, C. (Seal) BY: {Sea1J �fle:n.y.l +� c.•T STATE OF AWN Gg2ou ;Ka1111"Vyl I, 6 E00-6oA L. EZZEt.L , a Notary Public of the State and County aforesaid do hereby certify that Jack Broadbridge personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed and in the capacities therein expressed as a manager of BeIvedere Utility Development, LLC. Witness my hand and official stamp or seal, this. the _`Srr'day ofYoln,+,�QQ4. MA_+r Notary Public My commission ex }res• u " (AFFIX NOTARIAL •`n' ; t5 ed�lYl01, STATE OF %u( CAi OUAW COUNTY OF AIM0 HftowQ I, 6EFo961&L , a Notary Public of the State and County aforesaid do hereby certify that T. Eugene Smith in his capacity as President of Pender Land Holdings, Inc. a North Carolina corporation personally appeared before me this day and acknowledged the due execution ofthe foregoing instrument for the purposes therein expressed and in the capacities therein expressed as a manager of Belvedere Utility Development, LLC. Witness my hand and official stamp or seal, th' the •—day of F49W, 2004, Notary Public My commission,exp;res: q c(. (AFFIX NOT SEAL) otjIL ' ......�, 6;2336N 162 STATE OF NORTH CAROLINA COUNTY OF �V dl { I, Am A) rn • A- q LO R , a Notary Public of the State and County aforesaid do hereby certify that Norman E. Block in his capacity as member/manager of Block Development, LLC, a North Carolina Limited Liability Company personally appeared before me this day and acknowledged the due execution ofthe foregoing instrument for the purposes therein expressed and in the capacities therein expressed as a manager of Belvedere Plantation, LLC for the purposes therein expressed and in the capacities therein expressed as amanager ofBelvedere Utility Development, LLC Witness my hand and official stamp or seal, this the day of February, 2004. r Notary Public My commission expires: (AF}i�NC7TARIAL SEAL) �_ ���s �.'�►.� �l : is s pt C� �• O STA12 OF NORTH CAROLINA COUNTY OF Vl�a► iC I, , allotary Public of the State and County aforesaid do hereby certify that :c,h r in his capacity as (n e, r (title) of entity name) a North Carolina ' rn bt (type of entity) personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed and in the capacities therein expressed as a manager of Belvedere Plantation, LLC for the purposes therein expressed and in the capacities therein expressed as a manager of Belvedere Utility Development, LLC. Witness my hand and official stamp or seal, this the `� day of February, 2004. 1'C IJ Notary Publif M commission expires: I4f aoo _ ( AL SEAL) NO �f� �fn y •..• -: L G ::_ 163 STATE OF J[�IORrN COUNTY OF N2tN k"mi—Zrk Ley Notary Public, certify that Q�Qri72i�R 1pGG personally came beforeme this day and acknowledged that he/she President of BRIDGEWATER GOLF PROPERTIES, INC., and that he/she, as President being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and notarial seal, this the `D—day of 1" 2004. My commi ion_ expires: _ No ary Pub�ic O¢G\A L• ?? << 2 : PUa�' ,:O•:: •.....••'A G, y'l FlOV NORTH CAROLINA - PENDER COUNTY: The foregoing (or annexed) certificate of. A. .20 certified to be correct. This�LIO day o 1i��� JOY M. SWICEGOQD - Pender County Register of Deeds - �I p-- Deputy/fit Register of Deeds + kr�- �-t i kq DA- aa� EXHIBIT "A" Ut1 n 3 r: il^ DESCRIPTION FOR . BRIDGEWATER GOLF 3 UTILITY TRACTS WITHIN THE BELVEDERE GOLF COURSE PROPERTY Irrigation Pond Located near the Country Club Commencing at a point on the Northern right of way line of Country Club Road and the Belvedere Plantation Golf Course boundary at the eastern edge of lot 73 of Belvedere Plantation as shown on Map Book 23, Page 143 of the Pender County Registry,; thence across the Country Club Road Right of Way and proceeding into the Belvedere Country Club Property south 37 Degrees 06 minutes 35 seconds West, a distance of 480.47 feet to a point, said point being the POINT OF BEGINNING, thence South 67 Degrees 46 minutes 15 seconds West, a distance 44 134.73 feet to a point, thence North 21 Degrees Q seconds West, a distance of 24.25 feet to a point, thence North 83 Degrees 53 minutes 31 seconds West, a distance of 18.71 feet to a point, thence North 78 Degrees 55 minutes 01 seconds West, a distance of 25.05 feet to a point, thence South 40 Degrees 48 minutes 38 seconds West, a distance of 23.05 feet to a point, thence South 26 Degrees 21 minutes 00 seconds West, a distance of 24.43 feet to a point, thence South 32 Degrees 36 minutes 58 seconds West, a distance of 36.87 feet to a point! Qthence e South 41 Degrees 39 minutes 54 seconds West, a distance of 6 .019 point, thence South 42 Degrees 42 minutes 40 seconds West, a distance of 31.42 feet to a point, thence South 2 Degrees 10 minutes 46 seconds West, a distance of 34.43 feet to a point, thence South 2 Degrees 16 minutes 01 seconds West, a distance of 33.99 feet to a point, thence South 3 Degrees 27 minutes 20 seconds West, a distance of 38.27 feet to a point, thence —South 1 Degrees 50 minutes 43 seconds West, a distance of 39.40 feet to a point, thence South 3 Degrees 12 minutes 47 seconds West, a distance of 39.74 feet to a point, thence South i Degrees 27 minutes 27 seconds West, a distance of 35.75 feet to a point, thence South 10 Degrees 06 minutes 08 seconds East, a distance of 35.51 feet to a point, thence South 9 Degrees 06 minutes 07 seconds st, a distance of 19.02 feet to a point, thence South 7 Degrees 43 minutes 08 seconds East, a distance of 36.12 feet to a point, thence South 6 Degrees 52 minutes 21 seconds East, a distance of 41.86 feet to "a point, thence South 20 Degrees 56 minutes 19 seconds East, a distance of 16.01 feet to a point, thence South 21 Degrees 36 minutes 31 seconds East, a distance of 35.18 feet to a point, thence South 35 Degrees 48 minutes 02 seconds East, a distance of 42.12 feet to a point, thence South 41 Degrees 17 minutes 29 seconds East, a distance of 32.44 feet to a point, thence South 43 Degrees 36 minutes 32 seconds East, a distance of 33.69 feet to a point, thence South 42 Degrees 56 minutes 30 seconds East, a distance of 27.83 feet to a point, thence South 50 Degrees 12 minutes 05 seconds East, a distance of 53.67 feet to a point, thence South 53 Degrees 48 minutes 18 seconds East, a distance of 53.10 feet to a point, thence South 81 Degrees 50 minutes 41 seconds East, a distance of 10.18 feet to a point, thence North 88 Degrees 20 minutes 24 seconds East, a distance of 10.96 feet to a point, thence North 79 Degrees 58 minutes 19 seconds East, a distance of 10.21 feet to a point, thence North 70 Degrees 20 minutes 43 seconds East, a distance of 10.22 feet to a point, thence North 35 Degrees 11 minutes 07 seconds East, a distance of 19.37 feet to a point, thence North 27 Degrees 16 minutes 27 seconds East, a distance of 21.61 feet to a point, thence North 14 Degrees 02 minutes 33 seconds East, a distance of 17.72 feet to a point, thence North 0 Degrees 35 minutes 41 seconds East, a distance of 20.57 feet to a point, thence North 8 Degrees 32 minutes 46 seconds West, a distance of 21.91 feet to a point, thence North 13 Degrees 22 minutes 32 seconds West, a distance of 154.52 feet to a point, thence North 13 Degrees 06 minutes 59 seconds West, a distance of 137.68 feet to a point, thence North 20 Degrees 59 minutes 30 seconds West, a distance of 50.49 feet to a point, thence North 11 Degrees 31 minutes 52 seconds West, a distance of 44.70 feet to a point, thence North 1 Degrees 13 minutes 40 seconds East, a distance of 31.80 feet to a point, thence North 19 Degrees 17 minutes 01 seconds East, a distance of 31.94 feet to a point, thence North 43 Degrees 48 minutes 53 seconds East, a distance of 27.05 feet to a point, thence North 66 Degrees 24 minutes 23 seconds East, a distance of 29.88 feet to a point, thence South 70 Degrees 21 minutes 44 seconds East, a distance of 20.17 feet to a point, thence North 88 Degrees 06 minutes 06 seconds East, a distance of 30.42 feet to a point, thence North- 41 Degrees 33 minutes 04 seconds East, a distance of 20.71 feet to a point, thence North 38 Degrees 32 minutes 57 seconds East, a distance of 40.69 feet to a point, thence North 16 Degrees 42 minutes 21 seconds East, a distance of 18.32 feet to a point, thence North 4 Degrees 50 minutes 12 seconds West, a distance of 21.05 feet to a c336 6 point, thence North 20 Degrees 38 minutes 10 econds West, a distance of 19.00 feet to a point, thence North 49 Degrees 04 minutes 57 seconds West, a distance of 27.25 feet to a point, thence North 14 Degrees 42 minutes 14 seconds west, a distance of 29.10 feet to a point, thence North 48 Degrees 11 minutes 32 seconds West, a distance of 12.30 feet to a point, and the POINT OF BEGINNING; Containing 3.211 acres, more or less, and located as shown on the attached exhibit map. EXHIBIT "B" t/ �j TRACT !: � DK2336PG 167 Auxiliary Pond No. 1 Located on the 2ND Hole Commencing at a point on the Country Club Road. Right of Way and The Belvedere Golf Course boundary at the north western corner of lot 367 of Belvedere Plantation as shown on Map Book 23, Page 143 of the Pender County Registry, thence proceeding along and with the golf course boundary South 21 Degrees 53 minutes 45 seconds West, a distance of 156.00 feet to a point, thence South 50 Degrees 21 minutes 00 seconds East, a distance of 156.00 feet to a point, thence South 50 Degrees 03 minutes 00 seconds East, a distance of 145.86 feet to a point, thence South 35 Degrees 59 minutes 00 seconds East, a distance of 70.75 feet to a point, thence South 68 Degrees 06 minutes 15 seconds East, a distance of 242.00 feet to a point, thence South 89 Degrees 38 minutes 15 seconds East, a distance of 733.00 feet to a point, thence South 34 Degrees 26 minutes 15 seconds East, a distance of 1000.00 feet to a point, thence South 0 Degrees 12 minutes 45 seconds West, a distance of 214.17 feet to a point, thence proceeding across the golf course North 75 Degrees 44 minutes 56 seconds West, a distance of 50.08 feet to a point, Said point being the POINT OF BEGINNING; thence North 0 Degrees 11 minutes 26 seconds East, a distance of 51.29 feet to a point, thence North 0 Degrees 11 minutes 57 seconds East, a distance of 51.53 feet to a point, thence North 28 Degrees 44 minutes 17 seconds West, a distance of 36.18 feet to a point, thence North 28 Degrees 44 minutes 17 seconds West, a distance of 36.18 feet to a point, thence North 41 Degrees 01 minutes 50 seconds West, a distance of 40.12 feet to a point, thence North 77 Degrees 11 minutes 34 seconds West, a distance of 39.26 feet to a point, thence South 78 Degrees 57 minutes 34 seconds West, a distance of 5.32 feet to a point, thence South 0 Degrees 54 minutes 00 seconds West, a distance of 5.60 feet to a point, thence South 32 Degrees 14 minutes 59 seconds East, a distance of 38.47 feet to a point, thence South 18 Degrees 03 minutes 36 seconds East, a distance of 42.42 feet to a point, thence South 18 Degrees 03 minutes 38 seconds East, a distance of 42.42 feet to a point, thence South 18 Degrees 03 minutes 36 seconds East, a distance of 42.42 feet to a point, thence South 3 Degrees 22 minutes 48 seconds East, a distance of 31.31 feet to a point, thence South 0 Degrees 00 minutes 00 seconds West, a distance of 46.00 feet to a point, thence South 0 Degrees 41 minutes 47 seconds East, a distance of 50.24 feet to a point, thence South 0 Degrees 21 minutes 20 seconds East, a distance of 49.12 feet to a point, thence South 4 Degrees 48 minutes 49 seconds East, a distance of •37.31 meet to a point, thence South 4 Degrees 48 minutes 49 seconds East, a distance of 37.31 feet to a point, thence South 56 Degrees 22 minutes 12 seconds East, a distance of 21.48 feet to a point, thence North 51 Degrees 16 minutes 22 seconds East, a distance of 21.48 feet to a point, thence North 0 Degrees 11 minutes 53 seconds East, a 3j (2?3G'G distance of 51.53 feet to a point, thence Nor�h egrees 11 minutes 57 seconds East, a distance of 51:53 feet to a point, thence North 0 Degrees 11 minutes 53 seconds East, a distance of 51.53 feet to a point, thence North 0 Degrees 12 minutes 20 seconds East, a distance of 51.77 feet to a point, and the POINT OF BEGINNING; Containing 0.437 acres, more or less, and located as shown on the attached exhibit map. CK233Gv,-b1 69 TRACT 2: Auxiliary Pond No. 2 Located on the ,4TH Hole Commencing at a point on the Eastern right of way line of Lakeview Drive and the Belvedere Plantation Golf Course boundary at the western edge of lot 168 of Belvedere Plantation as shorn on Map Book 23, Page 143 of the Pender County Registry, thence along and with the golf course boundary So»tn 45 Degrees 25 minutes 00 seconds East, a distance of 222.82 feet to a point,. thence crossing the golf course South 58 Degrees 37 minutes 27 seconds West, a distance of 122.31 feet to a point, said point being the POINT OF BEGINNING; thence South 32 Degrees 05 minutes 22 seconds East, a distance of 29_48 -feet to a point, thence Scull; 22 De re== UU minutes 11 seconds East, a distance of 17.29 feet, t0 a p011-rit, thence South 34 Degrees 34 minutes 34 seconds East, a distance 0r 32.21 -feet to a point, thence South 55 Degrees 52 minutes 1$ seconds mast, a distance of 34.86 feet to a point, thence South tie Degrees 37 minutes 01 seconds East, adistance of 42.04 feet to a point, thence South_ 40 Degrees 50 r�inii-f=e iO seconds "_aSt, 8 di_stance Cf 28.57 feet to a rpoint, thence South 19 Degrees 42 _uinutes 19 Seconds East, a dlst=nce of p.01 Tact to a point, thence Smyth-, 23 Decrees 43 minutes 39 seconds West, a distance of 8.51 feet to a point, t-ReTtce South II5 Degrees lit minutes 5_ ce.Cnnds ";oast, a distance of 10.93 feet to a -point, thence South '05 Degrees 51 minutes 58 seconds West, a distance 0f 9. 76 T_cet to a ti•oint, ti?enCe North 63 Decrees 56 minutes 32 seconds West, a distance of 9.76 feet to a point, thence North_ 38 Degrees �8 min.Utes 07 seconds West, a distance of 36.57 feet to a point, thence North 36 Degrees rap minutes 11 seconds West, _ C•i c Lance of 50'.00 feet to a point, thence North 38 Degrees 48 minutes 05 seconds Nest, a distance of 50.00 feet to a point, thence North 3$ Degrees _p mingles 1'1 seconds west, a distance of 50.00 feet to a no-nt, thence North 38 Degrees 48 minutes 05 seconds ;4:est, . ^ dlarMn.Ca 0r 50.00 _feet Lo a point, thence North 38 Degrees 48minutesVii seconds West, a distance of 50.00 feet to a PO--11L, thence North p Degrees 08 minutes 05 ec d 63 feet to a point, thence ., seconds West, a distance 0f 6. �� c 9 seconds `as-. - •distance 0_1 9.57 North 22 Degrees 31 mir_u�e., 3 �..�__�., �...-. feet to a point, thence South 86 Decrees 38 minutes 41 seconds East, a distance of 15./0 feat to a point, tnerCe North. 36 Degrees 53 minutes 49 seconds East, a distance of 10.14 feet to a point, thence North 5 6 Degrees J minutes 31 seconds East, a distance of 17.40 feet to a point, thence South 31 Degrees 39 minutes 00 seconds East,' a distance of 39.02 feet to a point, thence South 29 Decrees 22 minutes 33 seconds East, a distance of 38.92 feet to a s point, thence South 30 Degrees 06 minute3'9 seconds E'as-, a distance of 40.49 feet to a point, and the POINT OF BEGINNING; Contain,i-a 0.213 acres, more or lees, and located as show: on the attached exhibit map. «r 6K233G'G E �j This map. is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations. IP IIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 831I3 �M PrevatleGoo Pender County, NC Register of Deeds page t of 4 STATE OF NORTH CAROLINA BILL OF SALE AND ASSIGNMENT OF EASEMENTS AND MAINTENANCE COUNTY OF PENDER AGREEMENT THIS AGREEMENT entered into this 4,% day of 2009 by and between BELVEDERE UTILITY DEVELOPMENT, LLC, a North Carolina limited liability company (herein 'BUD") and CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA, a North Carolina corporation (herein "CWS"). WHEREAS, BUD entered into an Easement and Maintenance Agreement with Bridgewater Golf Properties, Inc. recorded March 10, 2004 in Book 2336 at Page 155 of the Pender County Registry, and an Easement and Maintenance Agreement with Bridgewater Golf Properties, Inc. recorded March 8, 2006 in Book 2904 at Page 331 of the Pender County Registry (collectively (herein the "Easements"); WHEREAS, pursuant to the provisions of the Easements, BUD desires to transfer and assign all of its rights and obligations in the Easements and any and all rights in the associated improvements to CWS; NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the benefits recited above, and other good and valuable consideration, BUD and CWS agree as follows: 1. Assignment: BUD does hereby quitclaim, bargain, sell, give, grant, convey, transfer, set over and assign to CWS all of its rights in the Easements including but not limited to its easement rights granted therein, any and all rights of way, prescriptive or implied easements associated therewith, and its rights in the associated improvements including any ownership rights therein, including but not limited to its rights in the wastewater treatment and storage facilities, sewer distribution facilities, and effluent disposal facilities, including but not limited to sanitary sewer lines, pipes, joints, meters, pumps, holding ponds, spray irrigation systems, effluent transmission mains and other facilities. ALL ASSETS ARE CONVEYED "AS IS" AND WITHOUT WARRANTY INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR TITLE. POWER & SPRUILL LLP '4-20 iiiiii�iiiiiiier f 83103 P0Re P019 4tt°°00 2. Com liance with terms9of Easem nts: C W S assumes and shall be responsible for any and all obligations and responsibilities of BUD under the Easements. 3. Acceptance of Easements: CWS accepts the Easements and associated improvements in their current condition and subject to the terms and provisions of the Easements. 4. Bindin Effec Benefit. Each and all of the covenants, terms, provisions and agreements herein shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 5. GoverninL Law. This Agreement shall be governed as to all matters by, and shall be construed and enforced in accordance with, the laws of the State ofNorth Carolina, without regard to principles of choice of law. 6. Counteraarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 7. Headings. The headings in this Agreement are included for purposes of convenience only and shall not be considered a part of this Agreement in construing or interpreting any provision hereof. 8. Seyem, Hltw If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT through their duly authorized officers or member/manager, all as of the day and year first above written. BELVEDERE UTILITY DEVELOPMENT, LLC (Seal) BY: ' _ __(Seal) OE*BADBRJIDGE, er BY: PENDE AND HOLDINGS, INC., manager (Seal) BY: (Seal) Name: Eugene Smith Title: President -04-2009 IIIIIIIIIIIII IIII IIIII I IIIII IIIII I III ? P9020 Pr aeak3t8e Doe cp o ���10Y►;' •, % . Pender County, NC Register of Deeds page 3 of 4 ei� CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA [ BYLmoo_ r✓/� (Seal) e ��aaFe Name;M"r ram..,.-e.,.. ni c.+h„ma�har Title: President STATE OF Of (O,i COUNTY OF 1, i~ r i n inn c, A'd t' r5 _, a Notary Public of the State and County aforesaid do hereby certify that Jeff Broadbridge personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed and in the capacities therein expressed as a manager of Belvedere Utility Development, LLC. Witness my hand and official stamp or seal, this the IU44'' day of ®C`66• t�', J}, 2009. Notary Public My commission expires: (-R]AL SEAL) 4.1 ` F. apYA�ly s 0c, s"f �s c,,9yif apt �,� . • ` F x. , a Notary Public of the State and County aforesaid do hereby certify that T. Eugene Smith in his capacity as President of Pender Land Holdings, Inc. a North Carolina corporation personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed and in the capacities therein expressed as a manager of Belvedere Utility Development, LLC. Witness my hand and official stamp or seal, this the b day of 2009. C�"- Notary Public My commission expires: (AF�ARIAL SEAL) ,TARED wAVW itllLKW Nd" Wiese conmaRwera M wome z106M c..relaM.rbOMit. toll I IIII II IIIIILII� II I II I I I I III II I III 9a a p�zi Pr-04-2009 evatto STATE OF IL Ponder Countv. NC aglster of Deeds page 4 of 4 COUNTY OF I, L 2S 1; e S f d N 16 , Notary Public, certify that u m4eheegersonally came before me this day and acknowledged that she President of CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA and tha a he, as _ _President being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and notarial seal, this the 3day of ©C+D Pc c,2009. My commission expires:,*- L j- Lo If - otary Public (AFFIX NOTARIAL SEAL) OFFICIAL SEAL LESLIE A. S ONE NOTARY K", rM OF B1M" #IY COMM" lI�,I 64t1�011