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HomeMy WebLinkAboutNC0089630_Regional Office Historical File Pre 2018 AY � PAT MCCRORY 674 is i o DONALD R. VAN DER VAART S. JAY ZIMMERMAN Water Resources ENVIRONMENTAL QUALITY June 08,2016 Jacqueline Jarrell,P.C. Environmental.Management Division Charlotte Water 5100 Brookshire Blvd Charlotte,NC 28216 Subject: Acknowledgement of Permit Renewal Application No.NC0089630 Long Creek Regional wwrp Mecklenburg County Dear Ms.Jarrell: The Division of Water Resources received your application(Check#5711 in the amount of$3,440) on June 07,2016. The application has been assigned number NC0089630, and has been given to Tom Belnick for review. The reviewer will perform a detailed review and contact you with a request for additional information if necessary. To ensure the maximum efficiency in processing permit applications,the division requests your assistant in providing a timely and complete response to any additional information requested. Please refer to the above application number when making inquiries on this project. If you have any questions,please contact Tom Belnick at 919-807-6390,or via e-mail at Tom.Belnick@ncdenr.gov. Sincerely, Wre,41,T Wren Thedford Wastewater Branch cc: Central Files NPDES ;r ` `tik Regional-Office State of North Carolina Environmental Quality Water Resources 1617 Mail Service Center k Raleigh,North Carolina 27699-1617 919-807-6300 PAT MCCRORY ;VC- Governor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL©UAUTY S. JAY„;4i.: ,.h;+, !' M`'A' IC, WR March 28, 2016 Ms. Jacqueline Jarrell, P.E. RECEIVEDINCDEQIDW°R Operations Chief, Environmental Management Division Charlotte Water J U N 0 6 2016 5100 Brookshire Blvd. Charlotte,North Carolina 28216 Water y PPermittingg Section Subject: Return of NPDES Application Long Creek Regional WWTP Mecklenburg County Dear Ms Jarrell: The Division is returning your application for a new NPDES wastewater discharge permit as incomplete for the following reasons: 1. Application Fee. The application package must include a non-refundable application fee of$3,440. Please make this check payable to NC Department of Environmental Quality. 2. Flow Justification/Alternatives Analysis. Please include the entire Alternatives Analysis in Attachment#2. It appears the first 4 pages are missing, which appear to include an Alternative 1. Also, if these missing pages do not include information on flow justification, please provide additional documentation for the projected flow of 25 MGD by 2034. It is not apparent from Table 4-2 whether the buildout flow is based on projected population growth, consolidation within the service area, or a combination. If population projections were used to arrive at the buildout flow, please detail in text or include additional documentation from the Draft EIS. Finally, describe the anticipated wastewater flows that will be directed to the Regional WWTP during each phase (e.g., it appears that Belmont flows will initially be pumped to McAlpine WWTP during Phase 1, and rerouted to the Regional WWTP following Phase 2 buildout). 3. Map of Outfall Location. Please indicate the proposed location of Outfall pipe 001 to Catawba River on a USGS Tope map, 1:24,000 scale. 4. Nutrient Allocations. Please include an additional Attachment to the application summarizing the current nutrient allocation status. Please detail the TN/TP allocations. purchased by the City of Charlotte to date, and any proposed lend/lease of these allocations while the Regional WWTP is being constructed. Please include relevant documentation including contracts and agreements. Concurrent with this new application, the Division is also working on permit renewals for Clariant, Belmont, and State of North Carolina I Environmental Quality I WaterResowees 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919 707 9000 Mount Holly, and will need to document in these permit Fact Sheets how the nutrient allocations will transfer over the next permit term. 5. Schedule. This project is proposed to be built in two phases (12/25 MGD). Will the existing discharges from Belmont and Mount Holly be eliminated during the first phase? If you have any questions on the comments above, please call me at 919-807-6390 or via email at tom.belnick@ncdenr.g©v. Sincerely, m Belnick, Supervisor NPDES Complex Permitting Unit Copies: Central Files/Mecklenburg County DWR/Mooresville Regional Office/Water Quality (email) t -} Responses to March 28 letter from Tom Belnick: Item 2: Wastewater Flow Directions—During Phase 1 of the Long Creek WWTP the plant will treat flows from the Charlotte system that currently flow through the Long Creek Liftstation and flows from Mt Holly. Flows from Belmont will be pumped to the Paw Creek Liftstation which pumps to the McAlpine WWTP. See attached graphic. The proposed discharge permit to meet the TMDL utilizes the nitrogen and phosphorus allocation from the old Clariant WWTP and the allocation from the Belmont and Mt Holly WWTP's. Both EIS and the agreements with both towns are set up such that activating Phase 1 of the Long Creek WWTP requires Belmont and Mt Holly to shut down their plants and transfer wastewater to Charlotte. It is presumed that Phase 1 of the plant would be 12 mgd. Phase 2 of the Long Creek WWTP is a proposed expansion to 25 mgd and the timing of that expansion would be triggered by one of two events. The first possibility is that more capacity is required to serve Mt Holly or to serve areas which are upstream of the Long Creek WWTP (i.e.—the Long Creek basin or Mt Holly service area). Under this scenario the Paw Creek Liftstation would not necessarily be redirected to the Long Creek WWTP at this time. The second possible trigger is that the Charlotte system south of Long Creek,which could be either the Paw Creek collection system or the Irwin or McAlpine WWTP's, needs additional capacity. Under this scenario the Paw Creek liftstation forcemain would be rerouted up to the Long Creek WWTP as a part of the plant expansion. 4. Charlotte Water has purchased 90%of the nitrogen (286.65 Ibs) and phosphorus (36 Ibs) allocations from the Clariant NPDES permit(Purchase contract attached). Currently that allocation is stored in the Clariant permit but needs to be transferred to the Belmont and Mt Holly permits (proposed Permit Modification language attached). I know there has been some conversations as to whether some modification to the proposed allocation split needs to occur but after looking at it with Belmont and Mt Holly we need to stick with the same allocation split we've been proposing all along. We don't have the detailed agreements fully ironed out yet but I've attached the MOA's that were approved by both boards, although non-binding, and the nutrient purchase agreement with Belmont whereby they will purchase the entire nutrient allocation from us if we don't build the Long Creek agreement for some reason. That agreement is a binding contract. The proposed permit modification language for Belmont and Mt Holly also includes language to address what is to happen with the Long Creek WWTP is constructed. 5. Schedule- Yes, both the Belmont and Mt Holly discharges are required to eliminated as a part of the Long Creek WWTP start up if not before. There is the option to construct the liftstation and forcemain from the Belmont or Mt Holly system to the Charlotte system prior to the construction of the Long Creek WWTP but the most likely scenario for that would be to construct the Mt Holly liftstation as an interim step to address short term capacity needs. Long Creek Regional Wastewater Plant Project Summary May, 2016 Overall Project Goal The goal of this project is to accommodate projected growth in western Mecklenburg and eastern Gaston counties while implementing the 1995 Lake Wylie TMDL by consolidating an industrial and 2 existing municipal wastewater treatment plants and eliminating extensive wastewater collection system pumping currently in use. This will be accomplished through the construction of a regional wastewater treatment plant capable of meeting the desired water quality and TMDL nutrient removal goals. Background In 2007 Charlotte Water completed a wastewater master plan for the service area draining to the McAlpine, Sugar,and Irwin Creek Wastewater Treatment Plants(WWTP). The study included all of these drainage basins and plants since they are currently interconnected with the ability to bypass flow from the Sugar Creek and Irwin Creek plants to the McAlpine Creek plant. The map below is a schematic of the drainage basins and plant interconnects. Service Area and WWTP Interconnects mippumwohournuot AppAAAAp a -. ". kWii GYek4t!NtM, t$1 a t 4t , - `gi �,xs 1a- . :AAAAAAA A'AAAAXAMtAAWAA. t ....,..,...., .. .. .� ., . . ,.�,`,n" �::.' .- ..l ,.,.Y'.,..�Y.....,v e fi,.`a'0-pie, At the conclusion of the master plan it was determined that the best option was to pursue a new treatment plant at the Long Creek Pump station location rather than continuing to pump wastewater such long distances. The option of continued pumping would also require replacing most of the gravity sewer lines between the Paw Creek Wastewater Pump station and the McAlpine or Irwin Creek WWTP with a cost that was similar to that of a new plant. Project Initiation The kickoff for this project had two primary focuses: 1.To work with NC DEQ on the water quality modeling for a new wastewater treatment plant; and 2.To engage a large stakeholder group on the concept of a new wastewater plant in this area. In the process of working with North Carolina Department of Environmental Quality(NC DEQ) on the water quality modeling for a NPDES speculative limit request it was determined that this section of Lake Wylie was under an EPA TMDL for phosphorus and nitrogen developed in 1995 and that the TMDL did not provide nutrient allocations for new discharges (see TMDL excerpt below). New Discharges It is recommended that no new discharges should be allowed to the lake mainstem or its tributaries, unless an evaluation of engineering alternatives shows that it is the most environmentally sound alternative. For any new discharges that meet this requirement it is recommended that advanced treatment technology be required. It is further recommended that any new facility with a permitted design flow of greater than or equal to 1 MOD should be required to meet monthly average limits of 1.0 mg/1 total phosphorus(TP)and 6.0 m total nitrogen(TN),(nitrogen limits to apply for the months April through October only). For new facilities with a permitted design flow of less than 1 MOD but greater than 0.05 MGD(50,000 gallons per day)it is recommended that they meet a total phosphorus limit of 2.0 me,/1. All industrial discharges will be handled on a case-by-case basis because attainable advanced removal technology cannot be clearly defined for them as a group. The Division will require the industries in the management area to control TP and TN to best available technology levels applicable to their industrial type. Existing Discharges Existing discharges to the lake mainstem and tributaries should be encouraged to be removed when alternatives become available. Programs such as the Charlotte-Mecklenburg Utility Department(CMUD)sewer line extension project should continue to be supported. Upon expansion or major modification, it is recommended that all existing discharges should be required to apply advanced nutrient removal technology. For all expanding facilities with a permitted design flow greater than or equal to 1 MGD,recommended monthly average limits are as follows: 1.0 mg/1 TP and 6.0 mg/1 TN,(nitrogen limits to apply for the months of April through October only). For expanding facilities with a permitted design flow less than 1 MOD but greater than or equal to 0,05 MGD,the recommended TP limit is 2.0 mg/l. No expansion should be allowed that increases the total nutrient load from the facility unless an evaluation of engineering alternatives shows that it is the most environmentally sound alternative. Lake Wylie TMDL 1995—Page 6 However the general location of the proposed plant contains 3 significant NPDES permits for existing wastewater treatment plants (City of Belmont, City of Mt Holly, and Clariant Corporation) and all are in close proximity to the proposed Long Creek regional plant and/car to Charlotte Water's existing Paw Creek Wastewater Pump station as shown in the aerial photos below. i, pp 444 Ix r v . Creek Pump eSP WWTp " ED4010 Paw Creek PS Oit Belmont tv As noted above,a comprehensive stakeholder process was completed to ensure adequate review and discussion on the concept of a new regional wastewater treatment plant. The stakeholder group determined that the new plant provided several key environmental improvements to the area: 1. Allowed the discharges of 3 older wastewater treatment plants eliminated and consolidated into one new plant. 2. Provided for meeting the TMDL and additional growth in the regional without the need to upgrade/expand 3 existing plants (City of Belmont, City of Mt Holly, and Charlotte Water). (It should be noted that only Clariant had any nutrient limits at that time but NC DEQ was proposing them for Belmont and Mt Holly.) 3. Moves a significant volume of water currently being treated and discharged back to the stream near the South Carolina line back up in the Catawba River basin closer to the withdrawal point. Lake Wylie TMDL Implementation Plan The TMDL for this section of Lake Wylie provided for maximum nutrient loadings for Phosphorus and Nitrogen. The diagrams below are an excerpt from the TMDL plan showing the distribution of nutrient loadings among existing dischargers at that time (Figure 6.1) and the future allocations upon TMDL implementation (Figure 6.2). „Ar Catawba Mt- island River Lake Derr► Mt,. Holly 4.0 MGD TP-110 Ibs/d (3.3 moll) TN-304 Ibs/d (e.1 me/I) " "" Belmont ...-.r..... 5.0 MGD 8°1 am"' TP-$45 7346'bald (eti:s moo 60% TN-624 Maid 196 (15 rnp/t) LAKE WYUE • Major NPOES Discharger locations with facility name and predicted svg.daly nutrient loads for total nitrogen (TN)and phosphorus(TV)based on permitted flaw and recommended nutrient concentrations. LNutrient sensitive lake areas. Note: Daily nutrient loadings in the 4 lake arms are based on 89-90 measured background levels pies actual average 93-94 loadings from dischargers. Nutrient loading in the main lake is based on percentages of the lake arm loadings that are thought to reach the fake based one field-calibrated In-lake nutient transport j model. Figure 6.1 Schematic Diagramof Lake Wylie Showing Nutrient Lo ` and Predicted Chlorophyll-a Concentrations in the 4 Major Arms and the ainstem of the Lake Under the 1995 Lake Wylie Nutrient Management Strategy s � fir Catawba Mt. bland River Lake Darn Mt. Holly 6.0 MG© TP-SoWeld (1.0 rosin) TN-300 bald (6.0 mom nutrient narllr Belmont 55 bsld 7.0 MGD TN-ma bald TP-58 bald (tAmt/l) 60% TN•'15t3 tbald If 396 0-0 ntgt/t) NN LAKE WYLIE • Najar WOES oisoharg er locations with facility name and predictedrily avg.d nutrient loads for torte(nitrogen ,. (TN)end Phosphorus(TP)based on permitted flow ad recommended matron conctntrettons. ` Nutrient sensitive take areas.. Nate; by nutrient badrgs In the 4 lake arms are based an 69-90 measured background levels plus actual average 93.94 loadings from rtiachargers. Nutrient loading In the maxi take is bared on percentages of the lake arm loadings that are thought to reach the take based on a 6ddcaabrated Make autism transport model. Figure 62 Schematic of Lake Wylie Showing Nutrient Loadings and Predicted Chlorophyll-a Concentrations In the 4 Major Arms and the Mainsiem of the Lake Under the 1995 Lake Wylie Nutrient Management Strategy with Mt.Holly and Belmont Expanded by 2.0 MOD The project proposes that Belmont and Mt Holly would close their wastewater plants and their nutrient allocations would be merged into the NPDES permit for the regional facility. As noted in the TMDL, all industrial permits would be handled on a case by case basis and no nutrient allocation was given in the document. Based on the NPDES permit for Clariant, it was determined that their permit had a nitrogen allocation of 318.5 lbs/day and a phosphorus allocation of 40 lbs/day. Charlotte Water negotiated an agreement to purchase 90%of the nutrient allocation (287 lbs/day nitrogen and 36 lbs/day phosphorus) initially. This would allow Clariant to continue to provide some level of sanitary sewer service to their industrial site and continue with the groundwater remediation that has been ongoing for a number of years at the site. Charlotte Water made a request for Speculative Limits from NC DEQ in 2013 for a new regional WWTP on Lake Wylie based on the plan to consolidate the 3 three discharges/permits described above and to accommodate the flows from the Charlotte Water Long Creek basin that are currently being pumped to the McAlpine Creek ^ ~ VVVVTP. The speculative limits for the regional plant were proposed by NC DEQ to meet the allocations within the TMDL as noted in the Speculative Limit letter excerpt below (NC DEQ Speculative Limit letter attached). Nutrients. The nutrient loading for the three partner dischargers was combined to determine the total nutrient allocation for the proposedCMU Regional WWTP The entire allocation for Mount Holly and Belmont willbe included in the Regional facility. While the Clariant facility has a total nitrogen(TN)allocation of 318.5 Ib/day,only 90%or 287 lb/day will be allocated to the CMU Regional WWrP. The same percentage of total phosphorus CM Arill be allocated,therefore 36 lb/day of total phosphorus of 40 lb/day will be allocated. The nutrient limitations are consistent with the Lake Wylie nutrient 7MDL allocations and the contributed nutrient allocation for the three dischargers is below Discharger TN Allocation Allocation Basin Mount Holly �O���do� 5Q � T0�Dl ' _ . Belmont 350 S8 lb/day 7MDL C]wziant 287D,/duv 36 lb/day rmMl� lNmmna��B/o. Total - �D7 �� �l���� | ' _ � 200,518 0b/smxnmnar 52,W2b/ycmr _. 141*7 lb/winter mCDE0 Letter,Tom Be|nick,]une 2013 Charlotte Water has completed the purchase of 90%of the nitrogen (287 lbs) and phosphorus(36 lbs) allocations from the C|ariantNPDESpermit. Currently that allocation is stored in the Oahant permit but hb being proposed to be transferred to the Belmont and Mt Holly permits temporarily since Clariant has ceased most of its operations producing the wastewater volumes seen in the past years, With the addition ofthese nutrient allocations to their permits, Belmont will be able to continue meeting the TMDL requirements and K4t Holly will begin meeting them until such time as the Long Creek WWTP is constructed and their plants taken ofOine. The proposed permit modification language for Belmont and Mt Holly would also include language to address the transfer of the nutrient allocation to the Long Creek Regional WW7P NPDES permit once the plant is completed. Schedule and Phasing of the Long Creek Regiwna|VVWTP The original master plan for the project indicatedadditiona| wastevvotertveatnnentcapadtyvvou/dbeneededto meet growth projections before 2016 but with the economic recession that schedule has been delayed. A review of the current growth trends with the improved economy and wastewater flows and loadings at the existing treatment plants indicates that the construction for the treatment plant will likely need to be initiated in the next few years. Phase 1 of the Long Creek WWTP the plant will treat flows from the Charlotte system that currently flow through the Long Creek Pump station and wastewater flows from Mt Holly. Wastewater flows from Belmont will be pumped to the Paw Creek Pump station which will pump to the Irwin Creek WWTP. The Paw Creek Pump station currently pumps to the McAlpine Creek WWTP but has the option of pumping some flow to the Irwin Creek WWTP. Capital projects are currently underway for a new forcemain and gravity sewer line to move the primary flow to the Irwin Creek WWTP, It is presumed that Phase 1 of the plant would be 12 mgd. Phase 1 Condition ` e (includes rerouting flow ttr from Mofk ine fish ti` to Irwin) * pia r n,� 1 Emai' r c- i r M WWTP Effluent a-\ ti •e i,n - r° ! AAtAl int I`Mrfik W1M7'A",' ' ;0.,°,$.�ss. o.ATt*a lib ar`t'4`"a`:;i3:;lits+r:. ,z tw,b4`' Phase 2 of the Long Creek WWTP is a proposed expansion to 25 mgd with the timing of that expansion being triggered by one of two scenarios. The first scenario is that more capacity is required to serve Mt Holly or to serve areas which are upstream of the Long Creek WWTP(Le.—the Long Creek basin) in Mecklenburg County. Under this scenario the Long Creek WWTP would be expanded but no changes would be made to the collection system layout. The second scenario is that the Charlotte system downstream of the Long Creek WWTP, which could be either the Paw Creek collection system and/or the Irwin or McAlpine WWTP, needs additional capacity. Under this scenario the Paw Creek Pump Station force main would be rerouted up to the Long Creek WWTP as a part of the plant expansion project. The graphic below depicts this second scenario. Phase 2 14.004,..40,,,A Condition 0 = � i , irrito:net2tealifiaretow.v 4 s k 4 i.ort$Creek MOP with t t t i � r cr+es�'. Y WWTP Etcsei4i 4 s s �4: Protect Status As of May, 2016 the following key items have been completed: 1. Memorandums of Agreement approved and executed with City of Belmont and City of Mt Holly (attached) 2. Purchase agreement for the treatment plant site and NPDES permit nutrient allocation completed with ReVenture(Clariant Corporation)—(attached). 3. Record of Decision for the Environmental Impact Statement issued for the overall project including the Long Creek Regional WWTP, Belmont Pump station and Force main,and Mt Holly Pump station and Force main (attached). Next steps for the project are: 1. 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Skvarla, III Governor Acting Director Secretary June 28,2013 Mr. Barry Shearin,Chief Engineer Charlotte Mecklenburg Utilities 5100 Brookshire Blvd. Charlotte,North Carolina 28216 Subject: Speculative Effluent Limits Proposed CMU Regional WW TP Mecklenburg County Dear Mr. Shearin: This letter is in response to your request for revised speculative effluent limits for the proposed Charlotte Mecklenburg Utilities (CMU) Regional P. Speculative limits in ( September 2009 included the City of Mount Holly Wastewater Treatment Plant in partnership with CMU for the proposed CMU Regional WWTP at the wasteflows of 17 MGD and 25 MGD. In January 2010, speculative limits included Mount Holly and Clariant WVTP in partnership for the proposed 'lam Regional Plant at 17 MGD and 25 MGD. latest speculative limits request now includes the City of Belmont,the City of Mount Holly, and Clariant as partners in the CMU Regional W TP. Limits are requested for wasteflows of 12 MGD and 25 MGD. It should be understood by all entities that these speculative limits are only applicable if the nutrient allocations from Belmont, Mount Holly, and Clariant are included in the proposed project. There is no capacity in Lake Wylie for a Charlotte Mecklenburg Utilities discharge facility on its own, based on the EPA approved 1996 Lake Wylie nutrient total maximum daily load (TMDL) allocation. In addition, Mount Holly, Belmont, and Clariant must all submit formal permit modifications to confirm the transfers of flow and nutrient loading to the proposed CMU Regional WWTP. Please recognize that speculative limits may change based on future water quality initiatives, and it is highly recommended that the applicant verify the speculative limits with the Division's NPDES Unit prior to any engineering design work. Receiving Stream. Lake Wylie has a stream classification of WS-IV CA. Waters with this designation are a source of drip ing water supply, culinary or food processing purposes in 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St Raleigh,North Carolina 27604 Phone:919-807-63001 FAX 919-807-6492 Internet vrvwv,ncwaterquality.orq No An Equal opporlunity\Afllrmative Action Employer iN o Carolina aturallj Mr. Barry Shearin June 28,2013 Page 2 of 5 addition to the standard uses for waters with a C. classification. This segment of the Catawba River (Lake Wylie) is listed on the North Carolina 2012 Impaired Streams list for low pH. Based upon a review of information available from the North Carolina Natural Heritage Program Online Map Viewer, there are not any Federally Listed threatened or endangered aquatic species identified within a 5 mile radius of the discharge location. If there are any identified threatened/endangered species, it is recommended that the applicant discuss the proposed project with the US Fish and Wildlife Service to determine whether the proposed discharge might impact such species. Speculative Limits. The speculative limits were developed based on Division staff recommendation and consideration of the Lake Wylie TMDL allocation. Based on available information, speculative effluent limits for the proposed discharge of 12 and 25 MGD to Lake Wylie are presented in Tables 1 and 2. A complete evaluation of these limits and monitoring requirements for metals and other toxicants will be addressed upon receipt of a formal NPDES permit application. CBOD5/NH3 Limits. The limits for CBOD5 and NH3 are based on best professional judgment for the protection of instream dissolved oxygen through the assignment of tertiary treatment limits. The CBOD limits of 4.2 mg/L in the summer and 8.3 mg/L in the winter are effectively equivalent to BOD5 limits of 5 mg/L (summer) and 10 mg/L (winter). The year-round NH3 limit of 1 mg/L is assigned based on instream protection against ammonia toxicity. Dissolved Oxygen. The dissolved oxygen(D.O.) effluent limit of 7 mg/L was based on the minimum D.O.level used as model input to predict acceptable downstream D.O. levels. Nutrients. The nutrient loading for the three partner dischargers was combined to determine the total nutrient allocation for the proposed CMU Regional WWTP. The entire allocation for Mount Holly and Belmont will be included in the Regional facility. While the Clariant facility has a total nitrogen (TN) allocation of 318.5 lb/day,only 90 % or 287 lb/day will be allocated to the CMU Regional WWTP. The same percentage of total phosphorus (TP)will be allocated;therefore 36 lb/day of total phosphorus of 40 lb/day will be allocated. The nutrient limitations are consistent with the Lake Wylie nutrient TMDL allocations and the contributed nutrient allocation for the three dischargers is below : Discharger TN Allocation TP Allocation Basis Mount Holly 300 lb/day 50 lb/day TMDL Belmont 350 lb/day 58 lb/day ' TMDL Clariant 287 lb/day 36 lb/day TMDL. (Nonpoint)BAT Total 937 lb/day 144 lb/day 200,51.8lb/summer 52,560 lb/year 141,487 lb/winter Mr. Barry Shearin June 28,2013 Page,3 of 5 TABLE 1. Speculative Limits for CMU Regional WWTP,Proposed flow of 12.0 MGD ;:,..:...::.:.:.:.: . Effl?aentLurtitations Y e© Dail- We Y :.:.: :.: wer '" e _. 'Maximum. . A. ag ,. Flow 12.0 MGD CBOD5,Summer 4.2 mg/L 6.3 mg/L CBOD5,Winter 8.3 mg/L 12.5 mg/L TSS 30 mg/L 45 mg/L NH3 as N 1.0 mg/L 3.0 mg/L Dissolved Oxygen 7.0 mg/L (minimum) Total Residual Chlorine 17 ug/L Fecal coliform'(geometric 200/100 mL 400/100 mL mean) Total Nitrogen(summer)1 200,518 lbs/summer Total Nitrogen(winter)1 141,487 lbs/winter Total Phosphorus2 52,560 lbs/year Chronic Toxicity 90% Pass/Fail(Quarterly test) 1. The total nitrogen limit is equivalent to a 9.4 mg/L annual average. 2. The total phosphorus limit is equivalent to a 1.4 mg/L annual average. TABLE 2. Speculative Limits for CMU Regional WWTP,Proposed flow of 25.0 MGD Effluent.Characteristic Effluent::Limita.tionsY. ` VOnthly".Ave..age, ;.WeeklyDaily 1'Average Maximum Flow 25.0 MGD CBOD5,Summer 4.2 mg/L 6.3 mg/L CBOD5,Winter 8.3 mg/L 12.5 mg/L TSS 30 mg/L 45 mg/L NH3 as N 1.0 mg/L 3.0 mg/L - Dissolved Oxygen 7.0 mg/L (minimum) Total Residual Chlorine 17 ug/L Fecal coliform(geometric 200/100 mL 400/100 mL mean) Total Nitrogen(summer)1 200,518 lbs/summer Total Nitrogen(winter)1 141,487 lbs/winter Total Phosphorus2 52,560 lbs/year Chronic Toxicity 90% Pass/Fail(Quarterly test) 1. The total nitrogen limit is equivalent to a 4.5 mg/L annual average. ( 2. The total-phosphor-us-limit' is-eq alent-to-a-0.69 mg-L-annual-averagc. Mr. Barry Shearin June 28,2013 Page 4 of 5 Monitoring in Lake Wylie will also be required to ensure that the water quality model predictions were accurate, and to ensure the discharge does not create adverse conditions in the Lake in the future. CMU will be required to monitor upstream and downstream of the outfall. The following parameters should be included in sampling: dissolved oxygen, temperature,conductivity,pH,total phosphorus,total nitrogen and chlorophyll a. Instream monitoring will be required three times per week during the months of June,July, August and September and once per week during the rest of the year. Engineering Alternatives Analysis (EAA). Please note that the Division cannot guarantee that an NPDES permit for discharge of up to 25.0 MGD will be issued with these speculative limits. Final decisions can only be made after the Division receives and evaluates a formal permit application for the proposed discharge. In accordance with the North Carolina General Statutes, the practicable wastewater treatment and disposal alternative with the least adverse impact on the environment is required to be implemented. Therefore, as a component of all NPDES permit applications for new or expanding flow, a detailed engineering alternatives analysis (EAA) must be prepared. The EAA must justify requested flows, and provide an analysis of potential wastewater treatment alternatives. Alternatives to a surface water discharge, such as a spray/drip irrigation or wastewater reuse are considered to be environmentally preferable. A copy of the EAA requirements is attached to this letter. Permit applications for new or expanding flow will be returned if all EAA requirements are not adequately addressed. State Environmental Policy Act (SEPA) EA/EIS Requirements. A SEPA EA/EIS document must be prepared for all projects that: 1) need a permit;2)use public money or affect public lands; and 3) might have a potential to significantly impact the environment. For new wastewater discharges, significant impact is defined as a proposed discharge of >500,000 gpd or producing an instream waste concentration of > 33©% based on summer 7Q10 streamflow conditions. Since CMU's facility is proposing a discharge of>500,000 gpd flow, the CMU facility must prepare a SEPA document that evaluates the potential for impacting the quality of the environment The NPDES Unit will not accept an NPDES permit application for the proposed discharge until the Division has approved the SEPA document and sent a Finding of No Significant Impact (F©NSI) to the State Clearinghouse for review and comment. A SEPA Environmental Assessment (EA) should contain a dear justification for the proposed project. If the SEPA EA demonstrates that the project may result in a significant adverse effect on the quality of the environment, you must then prepare a SEPA EIS (Environmental Impact Statement). Since your proposed discharge is subject to SEPA, the EAA requirements discussed above will need to be folded into the SEPA document. The SEPA process will be delayed if all EAA requirements are not adequately addressed. If you have any questions regarding SEPA EA/EIS reqi irements,please contact Hannah Headrick with the DWQ Planning Branch at (919)807-6434. Mr. Barry Shearin June 28,2013 Page 5 of 5 Should you have any questions about these speculative limits or NPDES permitting requirements,please feel free to contact Jackie Nowell at (919) 807-6386. Respectfully, Z ora Belnick Supervisor,Complex Permitting Unit Attachment: EAA Guidance Document Hardcopy: Central Files NPDES Permit File Barry Gullet,CMUD Director 5100 Brookshire Blvd.Charlotte NC 28216 Brent M.Reuss/Black&Veatch 8520 Cliff Cameron Drive Suite 210 Charlotte,N.C.28269 Jeff Debessonet/SCDHEC 2600 Bull Street Columbia,S.0 29201 Electronic Copy: NC WRC,Inland Fisheries,shannon.deaton@ncwildlife.org US Fish and Wildlife Service,Sara_Ward@fws.gov DWQ/SWPS Mooresville Regional Office DWQ/SEPA,Hannah Headrick DWQ/Modeling TMDL Unit,Kathy Stecker DWQ/Basinwide Planning,Jeff Manning NPDFS Server>Specs CHARLOTTE W TER May 31, 2016 RECEIVEDINCOECYDWR Tom Belnick NPDES Complex Permitting Unit JUN 06 2016 Water Quality Permitting Section Water Quality 1617 Mail Service Center Permitting Section Raleigh, NC 27699-1617 Re: NPDES Permit Application Long Creek Regional WWTP Mecklenburg County Dear NPDES Unit: Please find the enclosed application for the initial NPDES permit for the Long Creek Regional WWTP. The application includes Attachments#1 —#7. Part G, Combined Sewer Systems is not applicable. The following is a summary of the attachments submitted with the application: 1. Attachment#1 —NCDWR's Return of NPDES Permit Application Letter and Charlotte Water's narrative response along with History of Long Creek Regional Plant Narrative 2. Attachment#2—NCDWR's Speculative Effluent Limits Letter 3. Attachment#3-Topographical maps required in Part B.2. and Part B.3. 4. Attachment#4- Nutrient and Land Purchase Agreement from ReVenture(Clariant) 5. Attachment#5-MOA between City of Mount and City of Charlotte, MOA between City of Belmont and City of Charlotte,and the Proposed permit modifications for Belmont and Mt. Holly for nutrient re-allocation of purchased nutrients 6. Attachment#6—Executed Nutrient Purchase Agreement between City of Belmont and City of Charlotte(exercised if Long Creek Regional WWTP is not built) 7. Attachment#7-Environmental Impact Statement—hard copy with CDROM Please let us know if you have any questions,or if you need any further information, If you do, please call Shannon Sypolt, Water Quality Program Administrator, at 704/336-4581 or me at 704/391-5181. Thank you for your assistance with the application process. Respectfully, Jacqueline A. Jarrell, .E. LI Operations Chief, Environmental Management Division Charlotte Water Cc: S. Coffman S. Sypolt Charlotte Water 4222 Westmont Drive,Charlotte,NC 28217 charlottewater.org ok. Operated by the City of Charlotte 1110.1111 CHARLOTTE WTER May 31,2016 Tom Belnick NPDES Complex Permitting Unit Water Quality Permitting Section 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDES Permit Application Long Creek Regional WWTP Mecklenburg County Dear NPDES Unit: Please find the enclosed application for the initial NPDES permit for the Long Creek Regional WWTP. The application includes Attachments#1 —#7. Part G, Combined Sewer Systems is not applicable. The following is a summary of the attachments submitted with the application: 1. Attachment#1 —NCDWR's Return of NPDES Permit Application Letter and Charlotte Water's narrative response along with History of Long Creek Regional Plant Narrative 2. Attachment#2—NCDWR's Speculative Effluent Limits Letter 3. Attachment#3-Topographical maps required in Part B.2. and Part B.3. 4. Attachment#4- Nutrient and Land Purchase Agreement from ReVenture(Clariant) 5. Attachment#5-MOA between City of Mount and City of Charlotte, MOA between City of Belmont and City of Charlotte, and the Proposed permit modifications for Belmont and Mt. Holly for nutrient re-allocation of purchased nutrients 6. Attachment#6—Executed Nutrient Purchase Agreement between City of Belmont and City of Charlotte (exercised if Long Creek Regional WWTP is not built) 7. Attachment#7- Environmental Impact Statement—hard copy with CDROM Please let us know if you have any questions,or if you need any further information. If you do, please call Shannon Sypolt, Water Quality Program Administrator, at 704/336-4581 or me at 704/391-5181. Thank you for your assistance with the application process. Respectfully, Jacqueline A. Jarrell, .E. Operations Chief, Environmental Management Division Charlotte Water Cc: S. Coffman S. Sypolt Charlotte Water 4222 Westmont Drive,Charlotte,NC 28217 charlottewater.org Operated by the City of Charlotte FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional VVWTP, Initial Permit Catawba FORM 2A a . NPDES leamang migignianomosm . APPLICATION OVERVIEW Form 2A has been developed in a modular format and consists of a"Basic Application Information" packet and a"Supplemental Application Information" packet. The Basic Application Information packet is divided into two parts. All applicants must complete Parts A and C. Applicants with a design flow greater than or equal to 0.1 mgd must also complete Part B. Some applicants must also complete the Supplemental Application Information packet. The following items explain which parts of Form 2A you must complete. BASIC APPLICATION INFORMATION: A. Basic Application Information for all Applicants. All applicants must complete questions A.1 through Ail A treatment works that discharges effluent to surface waters of the United States must also answer questions A.9 through A.12. B. Additional Application Information for Applicants with a Design Flow 0.1 mgd. All treatment works that have design flows greater than or equal to 0,1 million gallons per day must complete questions B.1 through 8.6. C. Certification. All applicants must complete Part C(Certification). SUPPLEMENTAL APPLICATION INFORMATION: D. Expanded Effluent Testing Data. A treatment works that discharges effluent to surface waters of the United States and meets one or more of the following criteria must complete Part D(Expanded Effluent Testing Data): 1. Has a design flow rate greater than or equal to lmgd, 2. Is required to have a pretreatment program(or has one in place),or 3. Is otherwise required by the permitting authority to provide the information. E. Toxicity Testing Data. A treatment works that meets one or more of the following criteria must complete Part E(Toxicity Testing Data): 1. Has a design flow rate greater than or equal to 1 mgd, 2. Is required to have a pretreatment program(or has one in place),or 3. Is otherwise required by the permitting authority to submit results of toxicity testing. F. Industrial User Discharges and RCRA/CERCLA Wastes. A treatment works that accepts process wastewater from any significant industrial users(SIUs)or receives RCRA or CERCLA wastes must complete Part F(Industrial User Discharges and RCRA/CERCLA Wastes). SIUs are defined as: 1. All industrial users subject to Categorical Pretreatment Standards under 40 Code of Federal Regulations(CFR)403.6 and 40 CFR Chapter I,Subchapter N(see instructions);and 2. Any other industrial user that: a. Discharges an average of 25,000 gallons per day or more of process wastewater to the treatment works(with certain exclusions);or b. Contributes a process wastestream that makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the treatment plant;or c. Is designated as an SIU by the control authority. C. Combined Sewer Systems. A treatment works that has a combined sewer system must complete Part S(Combined Sewer Systems). Y Y 1 }1 �' 3 1 i 3 l'� v"I } y � 5�o S�%`1 f 1 k Ei t i' },t AL ..APPUCM4TS MUST COMP E1 P:MT C C RT 1 C TKCN I t 1 , } EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550.22. Page 1 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional VVVVTP, Initial Permit Catawba iwdomtitologotpBASIC,APP" J tT1ON N b MA I ��� Agsttio £.l t S l i' Y .1 RT A.BAIL J U TIC$1 M 'iON OR L.L. PPLICA T v .. All treatment works must complete questions A.1 through A.8 of this Basic Application Information Packet. A,1. Facility Information. Facility Name Long Creek Regional Wastewater Treatment Plant Mailing Address 5100 Brookshire BLVD, Charlotte,NC 28216 Contact Person Jacqueline A.Jarrell PE alfe Operations Chief Telephone Number ( 704 ) 634-5430 Facility Address 800 Newfield Rd. Charlotte,NC 28214(Long Creek Pump Station Access) (not P.O.Box) A.2. Applicant Information. If the applicant is different from the above,provide the following: Applicant Name Charlotte Water Mailing Address 5100 Brookshire Blvd. Charlotte,NC 28216 Contact Person Jacqueline A,Jarrell PE Title Operations Chief Telephone Number (704)634-5430 Is the applicant the owner or operator(or both)of the treatment works? X owner X operator Indicate whether correspondence regarding this permit should be directed to the facility or the applicant. facility X applicant A.3. Existing Environmental Permits. Provide the permit number of any existing environmental permits that have been issued to the treatment works (include state-issued permits). NPDES NA PSD NA UIC NA Other NA RCRA NA Other NA A.4. Collection System Information. Provide information on municipalities and areas served by the facility. Provide the name and population of each entity and,if known,provide information on the type of collection system(combined vs.separate)and its ownership(municipal,private,etc.). Name Population Served Type of Collection System Ownership Charlotte,NC 60,000 Separate Sanitary Sewer Charlotte Water Total population served 60,000(EIS) EPA Form 3510-2A(Rev. 1-99). Replaces EPA forms 7550-6&7550-22. Page 2 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional VVVVTP, Initial Permit Catawba A.5. Indian Country. a. Is the treatment works located in Indian Country? Dyes XNo b. Does the treatment works discharge to a receiving water that is either in Indian Country or that is upstream from(and eventually flows through)Indian Country? 0 Yes XNo A.6. Flow. Indicate the design flow rate of the treatment plant(Le.,the wastewater flow rate that the plant was built to handle). Also provide the average daily flow rate and maximum daily flow rate for each of the last three years. Each year's data must be based on a 12-month time period with the 12th month of"this year occurring no more than three months prior to this application submittal, a. Design flow rate 12.0/25.0 mgd Two Years Ago Last Year This Year b. Annual average daily flow rate N/A N/A N/A c. Maximum daily flow rate N/A N/A N/A A.7. Collection System. Indicate the type(s)of collection system(s)used by the treatment plant. Check all that apply. Also estimate the percent contribution(by miles)of each. X Separate sanitary sewer 100 El Combined storm and sanitary sewer ok A.8. Discharges and Other Disposal Methods. a. Does the treatment works discharge effluent to waters of the U.S.? X Yes 0 No If yes,list how many of each of the following types of discharge points the treatment works uses: i. Discharges of treated effluent pipe 001 IL Discharges of untreated or partially treated effluent iii. Combined sewer overflow points iv. Constructed emergency overflows(prior to the headworks) v. Other b. Does the treatment works discharge effluent to basins,ponds,or other surface impoundments that do not have outlets for discharge to waters of the U.S.? 0 Yes X No If yes,provide the following for each surface impoundment: Location: Annual average daily volume discharge to surface impoundment(s) mgd Is discharge 0 continuous or 0 intermittent? c. Does the treatment works land-apply treated wastewater? 0 Yes X No If yes,provide the following for each land application site: Location: Number of acres: Annual average daily volume applied to site: mgd Is land application 0 continuous or 0 intermittent? d. Does the treatment works discharge or transport treated or untreated wastewater to another treatment works? El Yes X No EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 3 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional WWTP Initial Permit Catawba If yes,describe the mean(s)by which the wastewater from the treatment works is discharged or transported to the other treatment works (e.g.,tank truck,pipe). If transport is by a party other than the applicant,provide: Transporter Name Mailing Address Contact Person Title Telephone Number ( For each treatment works that receives this discharge, provide the following: Name Mailing Address Contact Person Title Telephone Number ( If known,provide the NPDES permit number of the treatment works that receives this discharge Provide the average daily flow rate from the treatment works into the receiving facility. mgd e. Does the treatment works discharge or dispose of its wastewater in a manner not included in A.8.through A,8.d above(e.g.,underground percolation,well injection): © Yes X No If yes,provide the following for each disposal method: Description of method(including location and size of site(s)if applicable): Annual daily volume disposed by this method: Is disposal through this method 0 continuous or 0 intermittent? EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22, Page 4 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional WWTP, Initial Permit Catawba WASTEWATER DISCHARGES: If you answered"Yes"to question A.8.a,complete questions A.9 through A.12 once for each outfall(including bypass points)through which effluent is discharged. Do not include information on combined sewer overflows in this section. If you answered"No"to question A.8.a,go to Part B,"Additional Application Information for Applicants with a Design Flow Greater than or Equal to 0.1 mgd." A.9. Description of Outfall. a, Outfall number pipe 001 b. Location (City or town,if applicable) (Zip Code) (County) (State) (Latitude) (Longitude) c. Distance from shore(if applicable) ft. d. Depth below surface(if applicable) ft. e. Average daily flow rate >.50 mgd f. Does this outfall have either an intermittent or a periodic discharge? 0 Yes X No (go to A.9,g.) If yes,provide the following information: Number f times per year discharge occurs: Average duration of each discharge: Average flow per discharge: mgd Months in which discharge occurs: g. Is outfall equipped with a diffuser? 0 Yes 0 No A.10. Description of Receiving Waters. a. Name of receiving water Catawba River b. Name of watershed(if known) Catawba United States Soil Conservation Service 14-digit watershed code(if known): Unknown c. Name of State Management/River Basin(if known):Catawba United States Geological Survey 8-digit hydrologic cataloging unit code(if known): HUC 03050103 d. Critical low flow of receiving stream(if applicable) acute 7010 Flow is 95 cfs chronic Unknown cfs e. Total hardness of receiving stream at critical low flow(if applicable): Unknown mg/I of CaCO3 EPA Form 3510-2A(Rev,1-99). Replaces EPA forms 7550-6&7550-22. Page 5 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional WWTP, Initial Permit Catawba A.11. Description of Treatment a. What level of treatment are provided? Check all that apply. X Primary X Secondary X Advanced El Other. Describe: b. Indicate the following removal rates(as applicable): Design BODE removal or Design CBOD5 removal °I Design SS removal Design P removal Design N removal Other °Jo c. What type of disinfection is used for the effluent from this outfall? If disinfection varies by season,please describe: Ultraviolet Disinfection is Proposed If disinfection is by chlorination is dechlorination used for this outfall? El Yes ❑ No Does the treatment plant have post aeration? d Yes [3 No A.12. Effluent Testing Information. All Applicants that discharge to waters of the US must provide effluent testing data for the following parameters. Provide the indicated effluent testing required by the permitting authority for each outfall through which effluent is discharged. Do not include information on combined sewer overflows in this section. All information reported must be based on data collected through analysis conducted using 40 CFR Part 136 methods. In addition,this data must comply with QAIQC requirements of 40 CFR Part 136 and other appropriate QAIQC requirements for standard methods for analytes not addressed by 40 CFR Part 136. At a minimum,effluent testing data must be based on at least three samples and must be no more than four and one-half years apart. Duffel'number 001 MAXIMUM DAILY VALUE AVERAGE DAILY VALUE .; Value .... > Units Value Units �Nu rt rof. ample pH(Minimum) s.u. pH(Maximum) s.u. r/f Flow Rate Temperature(Winter) Temperature(Summer) For pH please report a minimum and a maximum daily value MAXIM IM DAIL AVERAGE DAILYDI HARGIw. DISCHARGE _. '�ANA. TIAL POLLUTANT MLIMDLNumb r uf METHOD .+ 6 Units C�rrsc. Unitsamp e CONVENTIONAL AND NON CONVENTIONAL COMPOUNDS BIOCHEMICAL OXYGEN BOD5 DEMAND(Report one) CBOD5 FECAL COLIFORM TOTAL SUSPENDED SOLIDS(TSS) END OF DEFER TO THE P I TI N t V V EW P G ' " DETERMINE WHICH THE PARTS ' EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 6 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional W TP„ Initial Permit Catawba 'au x�P tC '1Os NwsmA N l t>kt,anu{:���v.,S. �a .,, . .,i �,,.„ a ...s�, ..� .,, va.: ; ,. � ,w o. x,,, , ..,.,.. .,u ... . .... . .�„ ,7.�.., ..�',Z.v ���.. � f ) �4 �:�s: , , 6**t$P�y, ACTON . P .CANTS " h� tiwdst R W ORE TE r r is z k,{ at)ta ltd t iaFti igg atr , � 2A m t4 t �' 1 Y ) ,,.b �3 algoommontwomakomat mmoom All applicants with a design flow rate 0.1 mgd must answer questions B.1 through 8.6. All others go to Part C(Certification). B.1. Inflow and Infiltration. Estimate the average number of gallons per day that flow into the treatment works from inflow and/or infiltration. N/A gpd Briefly explain any steps underway or planned to minimize inflow and infiltration. B.2. Topographic Map. Attach to this application a topographic map of the area extending at least one mile beyond facility property boundaries. This map must show the outline of the facility and the following information. (You may submit more than one map if one map does not show the entire area.) Please see Attachment#3 a, The area surrounding the treatment plant,including all unit processes. b. The major pipes or other structures through which wastewater enters the treatment works and the pipes or other structures through which treated wastewater is discharged from the treatment plant. Include outfalls from bypass piping,if applicable. c. Each well where wastewater from the treatment plant is injected underground. d. Wells,springs,other surface water bodies,and drinking water wells that are: 1)within'l mile of the property boundaries of the treatment works,and 2)listed in public record or otherwise known to the applicant. e. Any areas where the sewage sludge produced by the treatment works is stored,treated,or disposed. f, If the treatment works receives waste that is classified as hazardous under the Resource Conservation and Recovery Act(RCRA)by truck,rail, or special pipe,show on the map where the hazardous waste enters the treatment works and where it is treated,stored,and/or disposed. 8.3. Process Flow Diagram or Schematic. Provide a diagram showing the processes of the treatment plant,including all bypass piping and all backup power sources or redunancy in the system. Also provide a water balance showing all treatment units,including disinfection(e.g., chlorination and dechlorination). The water balance must show daily average flow rates at influent and discharge points and approximate daily flow rates between treatment units. Include a brief narrative description of the diagram. B.4. Operation/Maintenance Performed by Contractor(s). Are any operational or maintenance aspects(related to wastewater treatment and effluent quality)of the treatment works the responsibility of a contractor? © Yes Cl No if yes,list the name,address,telephone number,and status of each contractor and describe the contractors responsibilities(attach additional pages if necessary), Name: Mailing Address: Telephone Number: ( } Responsibilities of Contractor: 8.6. Scheduled improvements and Schedules of Implementation. Provide information on any uncompleted implementation schedule or uncompleted plans for improvements that will affect the wastewater treatment,effluent quality,or design capacity of the treatment works. If the treatment works has several different implementation schedules or is planning several improvements,submit separate responses to question 8,5 for each. (If none,go to question 8.6.) a. List the outfall number(assigned in question A.9)for each outfall that is covered by this implementation schedule, b. indicate whether the planned improvements or implementation schedule are required by local,State,or Federal agencies. Yes 0 No EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 7 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional VONTP, Initial Permit Catawba c. If the answer to B.5.b is"Yes,"briefly describe,including new maximum daily inflow rate(if applicable). d. Provide dates imposed by any compliance schedule or any actual dates of completion for the implementation steps listed below,as applicable. For improvements planned independently of local,State,or Federal agencies,indicate planned or actual completion dates,as applicable. Indicate dates as accurately as possible. Schedule Actual Completion Implementation Stage MM/DD/YYYY MM/DDIYYYY -Begin Construction / -End Construction / / -Begin Discharge / -Attain Operational Level / e. Have appropriate permits/clearances concerning other Federal/State requirements been obtained? 0 Yes 0 No Describe briefly: B.6, EFFLUENT TESTING DATA(GREATER THAN 01 MGD ONLY). Applicants that discharge to waters of the US must provide effluent testing data for the following parameters. Provide the'indicated effluent testing required by the permitting authority for each outfall through which effluent is discharged. Do not include information on combine sewer overflows in this section. Ali information reported must be based on data collected through analysis conducted using 40 CFR Part 136 methods. In addition,this data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate QA/QC requirements for standard methods for analytes not addressed by 40 CFR Part 136. At a minimum effluent testing data must be based on at least three pollutant scans and must be no more than four and on-half years old. Outfall Number: MAXIMUMDAILY AVERAGE DAILY DISCHARGE DISCHARGE ANALYTICAL POLLUTANT MLIMDL - Number of METHL,D Conc. Units Cone. - " Units Samples CONVENTIONAL AND NON CONVENTIONAL COMPOUNDS AMMONIA(as N) CHLORINE(TOTAL RESIDUAL,TRC) DISSOLVED OXYGEN TOTAL KJELDAHL NITROGEN(TKN) NITRATE PLUS NITRITE NITROGEN 11111111 OIL and GREASE PHOSPHORUS(Total) TOTAL DISSOLVED SOLIDS (TDS) OTHER ,I,Man/iknaCaagiOVI,liaitiaiS,IASSIGVIISIKWNkait esat0FAPARTiEtailintralialliOntinallINNISIMPIREMINISMOK sitiaik"'ttlgil;iT0.-.i*fttI"TAVPLrdAttosr,,,oveftVteWc'tPAat',"itf";to:,:ttetg,#m,tstAwNteR,ioTHERF,,pARTS,"$"Rfits',' OF FORM 2A YOU MUST COMPLETE EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 8 of 22 • FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional VWVfP, Initial Permit Catawba t t t .,�.a,�)a'i4 .�;�,y', t ;;' .s Y. Y �r�`a t4`ya`}yy��sylx. '4 ` •'s" ��i,� 5\�ay��>e, 19 itS`?yr $,. ,.e,.�. .,, ..�„ C T,ID �0 / T Ord h \,AN\ . � ; {tl, ti\, .�._,.,',h? a s.,t31,.. wx.'`;z` u` ,•ns:�a sz)?�,sJih ...�^'� ..:.. .> �x ., ti' .u .>��:..• a; :'=+ti .a'�q.�irt13 S�\ '�X"ti\}1 t °r'.`,."�C ":`k } .. .�W. x,�5 .x� ::xx�\ '\ ��t�; 'v.yY,�, - -<. .. . , ,y, w' IaY yY3 t i r� t hey �r a �� ��1 , ',.ml. All applicants must complete the Certification Section. Refer to instructions to determine who is an officer for the purposes of this certification. All applicants must complete all applicable sections of Form 2A,as explained in the Application Overview. Indicate below which parts of Form 2A you have completed and are submitting. By signing this certification statement,applicants confirm that they have reviewed Form 2A and have completed all sections that apply to the facility for which this application is submitted. Indicate which parts of Form 2A you have completed and are submitting: X Basic Application Information packet Supplemental Application Information packet: © Part D(Expanded Effluent Testing Data) © Part E(Toxicity Testing: Biomonitoring Data) © Part F(Industrial User Discharges and RCRA/CERCLA Wastes) ,y dsti 'l . 0 Part G(Combined ombined Sewer Systems ) , ,.• • FCA ft `A „. ^ Q ---0 ., . •� .. t< 6.r},.y . �. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information,the information is,to the best of my knowledge and belief,true, accurate,and complete, I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations, Name and official title Rc=O lit I,t N tit . rat GI).— C14'6YL1411CA5. C\4 t 6 Signature _ Telephone number (7 CA) b"S t - to Date signed b - - V Upon request of the permitting authority,you must submit any other information necessary to assure wastewater treatment practices at the treatment. works or identify appropriate permitting requirements. SEND COMPLETED FORMS TO: NCDENR/ DWQ Attn: NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 9 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional VVVVTP, Initial Permit Catawba �i..£yt t'a>\ t V 'i<Y's„551 l Y t,n, ,nr.i t 5 4 �1:.:. ? 9 SE JR{ 3.tiU 3,�.,..`t. ?.�, `� •�`� "i ..x.,.;; "T. .4• au ,�,..* SO`5,.,,,.,�.. t. .- t. s u :;r;. :� .. + Y t ��1 k "'a�. `'".�1d •`a. :'� y :..i. t. r,,,;�;•;, y, '.t,5 ?,,. ?.. #. . {, t} ? t.itiY. .^:. i ut .,k)„a '.`�. .§. :,,}ti, , �.. •'n..n�:,ni'�?zn.u5 �.u�,°RFc.9a`d�R, t4".'ui�'�`A1`%t�iru. �,�i�a r,k.,.,�*4.tss��Ta„1��;&,t'L*h�` `71., ,rxti�„a 4�.,,s ft,�4,.4 4.�?�• t '.:. G4`r t :^ti n�S Ul.':=t ,.�' 4,�1�{ ... �;,4�i.. ax, "���:,{ �� t,y'z;.. u�. �. `.t. >S : 4 ui:,.Sty s tf c ,� i t?,,Tt $>ii c� v'#2 it 5 Sa`•K�r t{s.{��F,`�..taT�L �..,,:^#,a�.''`'xSa�?,x"r 3 .t ,y�\.�Z•,,. ,,cam i... ik sa. t 's.ti }i v€ .x,...F l ,4 p r"• ., a i�`,r 4 '„,' T'`�'a .F �,�, ,rx i4u xk� Hai t tilt, ~: s t;� i �3,��1, tiu �� ,{ �v, � r� UP�'L� EI��AL Q Pi.. T� (>til !� ,`M,�► IC1 }T `s £ � � �� � x� ��,•�4~ �� aat r a� t„ mS.. � �x ti •a',<, ;"'\ aaa,� ,R• `� .?��`rt i<,:2 "2 t s r.4'z3: � ."�;.: `�� ����'i.�,,,..� sl •,...,..:taa,..,.�J a ' a� `ai t m., {t ..,. ?:'i as A Y sa x,.,,.,.,, ti J t 4 a ., r x z k r;i, '�., ';` < , a .. a#�a:�,t `e . .., „�, S?, l aSr �.., } u-� .ti-.i t{�,.;...k.,�1 2.}•.. . ��•} ..,a � `'�, tiw c��' fiy u � T. 1 ..�..,,,h �.....+-„ •�� 4,,ti .`;a� ,Y: a i ari... �: .� ..s.sZ�i.•s>.,h>,.� 'w, �s;a ,.sa� EZaa .� �. ,y � �"',� ,4M•., •t,, .� zx�. xw„ >, t a s., � lt4',.•. ire}:. e?;r tT.i{x p .r 3 � a x�`"�,,`�u,u�.�,�`�£��rt'','.xasa:'�a�hb.1:,..�',{t�i,',i�}`,:..,.,�:,�vcz;'fit,�"','ya�$,'��a;',1'�„a,1fi,,'�.'?�`4a�`��,T{,,�`�•,4�},T„ck.}T{.,.#,.k1„§,i��1�.,sx?;ai,f„�l.`„c ran,.m,ux'ait�x�,ra:•�3 `�r=`.kli,,..?•.a�.,a�.,.aa�a{„atz��;,ra.� ��1�,"aS`is`,,�'t•`;,.0 .... F.. .s..n,n.a ;xl,.&„" .c't,i�Eb.a k1,«i.•t,ai.P< r:.1,,,,.,,, ,r,.�.,iii3 A.1 3i:,a.aY,wr ?f!..a„Ra�.l.i t i r..x s' .4.. -:¢: .*1 a •',�'; Y `3. r� ,; �4 ,a• 4 t k ' s t: t � l;i t :..t �6?t 3 ens.s i„�ui:• hi. .f'`i t•,�xa`a�•u.h: 14. : � .a y�,R'�F.?,. �},fit, �t,` r� "�'' �^'Y� �y �" /"��'!�]� Y{ {k. .,4t.�, rtr< s. ..�..F hit . .,,t4a.:.'.s.,c �`ti• ,iu,�,ry � , ,; '•e m,,t ", vtf {o Vv:rl Wt L7 Li�l'�l t a.?' S'Y i r •..�• � .. f u �, £ S it t§t .i .. :�S �,F 5° .l S.c .,. k;•?�„ a. , �: �,.... w. t�' {.„ ,{ :.�.. .2`:,.. �,h e,.�S;"^,x.} x YUi ...r ,k# ' , ..0?, s .?, 4 - ]�j .�wR:,. �5 x.s tSl.Y ,.ti ..1 zTs , 'fit ���". ,, u 5u ik4r } Y u� � t. v.��������t� ��`���~�����c���es��� .,x..,r�t£�¢�rr��3����a�u��a�y���*������ ,������,4i�.�t„~?.,..,,�F��._.�,��',�ti��.r�ii�sxra,,i51<�}', ���F,t�„�. 3�,1..�Cv�:t.. �:ax,�`��. xa�,��.a�i,t,�� �ti ,>a.,r,;;,���v Refer to the directions on the cover page to determine whether this section applies to the treatment works. Effluent Testing: 1.0 mgd and Pretreatment Works. if the treatment works has a design flow greater than or equal to 1.0 mgd or it has(or is required to have)a pretreatment program,or is otherwise required by the permitting authority to provide the data,then provide effluent testing data for the following pollutants. Provide the indicated effluent testing information and any other information required by the permitting authority for each outfall through which effluent is discharged. Do not include information on combined sewer overflows in this section. All information reported must be based on data collected through analyses conducted using 40 CFR Part 136 methods. In addition,these data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate QA/QC requirements for standard methods for analyses not addressed by 40 CFR Part 136. Indicate in the blank rows provided below any data you may have on pollutants not specifically fisted in this form. At a minimum,effluent testing data must be based on at least three pollutant scans and must be no more than four and one-half years old. Duffel'number: (Complete once for each outfall discharging effluent to waters of the United States.) MAXIMUM DAILY DISCHARGE—; AVERAGE DAILY DISCHARGE POLLUTANT Number ANALYTICAL MLJ DL Conc Units Mass Units Conc Units Mass Units Hof METHOD it r . a r. h f .0 tit, a' .mfak;,,'�"!S # n .., .s: ,_,r of .,h „ : , _ a,r`a a 4 METALS(TOTAL RECOVERABLE),CYANIDE,PHENOLS,AND HARDNESS. ANTIMONY ARSENIC BERYLLIUM CADMIUM CHROMIUM COPPER LEAD MERCURY NICKEL SELENIUM SILVER THALLIUM ZINC CYANIDE TOTAL PHENOLIC COMPOUNDS HARDNESS(as CaCO3) Use this space(or a separate sheet)to provide information on other metals requested by the permit writer EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 10 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional VVVVTP, Initial Permit Catawba Outfall number: (Complete once for each outfall discharging effluent to waters of the United States.) 11IA CIMUM DAILY`QIS AR(E V SLY t S HARGE N U UTANT MUM r ANAL tl A alloollognatemien VOLATILE ORGANIC COMPOUNDS ACROLEIN ACRYLONITRILE BENZENE BROMOFORM CARBON TETRACHLORIDE CHLOROBENZENE CHLORODIBROMO- METHANE CHLOROETHANE 2-CHLOROETHYLVINYL ETHER CHLOROFORM DICHLOROBROMO- METHANE 1,1-DICHLOROETHANE 1,2-DICHLOROETHANE TRANS-I,2-DICHLORO- ETHYLENE 1,1-DICHLORO- ETHYLENE 1,2-DICHLOROPROPANE 1,3-DICHLORO- PROPYLENE ETHYLBENZENE METHYL BROMIDE METHYL CHLORIDE METHYLENE CHLORIDE 1,1,2,2-TETRA- CHLOROETHANE TETRACHLORO- ETHYLENE TOLUENE EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 11 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional WWTP, Initial Permit Catawba Outfall number: (Complete once for each outfall discharging effluent to waters of the United States) M XI UM DAILY Di CHAR AVERAGE GAILY DISCHARGE r LLUTANT, u ANALYTICAL r 'Canc. �‘Units< ^.M Units Cone. Units Mass _ Unity ; at METHOD . %" , : amples 111 TRICHLOROETHANE 112 _ TRICHLOROETHANE TRICHLOROETHYLENE VINYL CHLORIDE Use this space(or a separate sheet)to provide information on other volatile organic compounds requested by the permit writer ACID-EXTRACTABLE COMPOUNDS P-CHLORO-M-CRESOL 2-CHLOROPHENOL 2,4-DICHLOROPHENOL 2„4-DIMETHYLPHENOL 4,6-DINITRO-O-CRESOL 2,4-DINITROPHENOL 2-NITROPHENOL 4-NITROPHENOL PENTACHL?ROPHENOL PHENOL 2,4,6- TRICHLOROPHENOL Use this space(or a separate sheet)to provide information on other acid-extractable compounds requested by the permit writer BASE-NEUTRAL COMPOUNDS ACENAPHTHENE ACENAPHTHYLENE ANTHRACENE BENZIDINE BENZO(A)ANTHRACENE BENZO(A)PYRENE EPA Form 3510-2A(Rev. 1-99). Replaces EPA forms 7550-6&7550-22. Page 12 of 22 FACILITY NAME E AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional WWTP, Initial Permit Catawba Outfall number: (Complete once for each outfall discharging effluent to waters of the United States) Raileryx.itavoiStiop'.6k,o, !Osvinaa,di: Conc. Units MassgkihitttaCone. 1:sUitWI'4"04.4**"t" Irtiitits,nqtYcotRAKIMIVMETHODKON ntaiignag Eamples 3,4 BENZO- FLUORANTHENE BENZO(GHI)PERYLENE BENZO(K) FLUORANTHENE BIS(2-CHLOROETHOXY) METHANE BIS(2-CHLOROETHYL)- ETHER BIS(2-CHLOROISO- PROPYL)ETHER BIS(2-ETHYLHEXYL) PHTHALATE 4-BROMOPHENYL PHENYL ETHER BUTYL BENZYL PHTHALATE 2-CHLORO- NAPHTHALENE 4-CHLORPHENYL PHENYL ETHER CHRYSENE DI-N-BUTYL PHTHALATE DI-N-OCTYL PHTHALATE DIBENZO(A,H) ANTHRACENE 1,2-DICHLOROBENZENE 1,3-DICHLOROBENZENE 1,4-DICHLOROBENZENE 3,3-DICHLORO- BENZIDINE DIETHYL PHTHALATE DIMETHYL PHTHALATE 2,4-DINITROTOLUENE 2,6-DINITROTOLUENE 1,2-DIPHENYL- HYDRAZINE EPA Form 3510-2A(Rev,1-99). Replaces EPA forms 7550-6&7550-22. Page 13 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional VVWTP, Initial Permit Catawba Outfall number: (Complete once for each outfall discharging effluent to waters of the United States,) MAXIMUM DAI 'DI CHARGE Aar EI # AILY DI CHA GE N bsc ANALYTICAL corn ..' i n; Mass, Units ;Cone. Unit Mass _ Units of JUi)1 t7[ slate FLUORANTHENE FLUORENE HEXACHLOROBENZENE HEXACHLORO- BUTADIENE HEXACHLOROCYCLO- PENTADIENE HEXACHLOROETHANE INDENO(1,2,3-CD) PYRENE ISOPHORONE NAPHTHALENE NITROBENZENE N-NITROSODI-N- PROPYLAMINE N-NITROSODI- METHYLAMINE N-NITROSODI- PHENYLAMINE PHENANTHRENE PYRENE TRICHLOROBENZENE Use this space(or a separate sheet)to provide information on other base-neutral compounds requested by the permit writer Use this space(or a separate sheet)to provide information on other pollutants(e.g.,pesticides)requested by the permit writer �r� END 1 PART RE��R TO THE A eRNATN ( AGE ),:'d DETERMINE WHICH OTHER PARTS EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 14 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional VVVVTP Initial Permit Catawba iwwetWwleposwsgssegtsgtgoolgpommgugopmgogm000gmamsooasongwomoostgtpovoosowsogws stotftes,, AtilmotipAiteNtiitNfoRNATtotoiszonamonosentogspowsompoksomagasoottomon IONett*aasommilel:Nedsmosisommatoonownotemonenommoonsonsitungszamoinsuisustavommonst fiiitigb7A4w,",;w:;aoAdodgwsogaarommo,.:,„...,mmmmdooeatat000zommaoor,m,moaoz000weokmatot g;„..,,,,,,,,„,aoit,k,„4„,;„:„,,,„,„A:m:,d1,,,4,a„,„„,,„.,„,..,,,,,...A,,00somwymosgttnwggobmooseons000mgomowsoonotopesw000msouost POTWs meeting one or more of the following criteria must provide the results of whole effluent toxicity tests for acute or chronic toxicity for each of the facility's discharge points: 1)POTWs with a design flow rate greater than or equal to 1.0 mgd;2)POTWs with a pretreatment program(or those that are required to have one under 40 CFR Part 403);or 3)POTWs required by the permitting authority to submit data for these parameters. • At a minimum,these results must include quarterly testing for a 12-month period within the past 1 year using multiple species(minimum of two species),or the results from four tests performed at least annually in the four and one-half years prior to the application,provided the results show no appreciable toxicity,and testing for acute and/or chronic toxicity,depending on the range of receiving water dilution. Do not include information on combined sewer overflows in this section. All information reported must be based on data collected through analysis conducted using 40 CFR Part 136 methods. In addition,this data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate CIA/QC requirements for standard methods for analytes not addressed by 40 CFR Part 136. • In addition,submit the results of any other whole effluent toxicity tests from the past four and one-half years. If a whole effluent toxicity test conducted during the past four and one-half years revealed toxicity,provide any information on the cause of the toxicity or any results of a toxicity reduction evaluation,if one was conducted. • If you have already submitted any of the information requested in Part E,you need not submit it again. Rather,provide the information requested in question E.4 for previously submitted information. If EPA methods were not used,report the reasons for using alternate methods. If test summaries are available that contain all of the information requested below,they may be submitted in place of Part E. If no biomonitoring data is required,do not complete Part E. Refer to the Application Overview for directions on which other sections of the form to complete. El. Required Tests. Indicate the number of whole effluent toxicity tests conducted in the past four and one-half years. chronic 0 acute E.2, Individual Test Data. Complete the following chart for each whole effluent toxicity test conducted in the last four and one-half years. Allow one column per test(where each species constitutes a test). Copy this page if more than three tests are being reported. Test number: Test number: Test number: a. Test information. Test Species&test method number Age at initiation of test Outfall number Dates sample collected Date test started Duration b. Give toxicity test methods followed, Manual title Edition number and year of publication Page number(s) c. Give the sample collection method(s)used. For multiple grab samples,indicate the number of grab samples used. 24-Hour composite Grab d. Indicate where the sample was taken in relation to disinfection. (Check all that apply for each. Before disinfection After disinfection After dechlorination EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 15 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional WWTP, Initial Permit Catawba Test number: Test number: Test number: e. Describe the point in the treatment process at which the sample was collected. Sample was collected: f. For each test,include whether the test was intended to assess chronic toxicity,acute toxicity,or both Chronic toxicity Acute toxicity g. Provide the type of test performed. Static Static-renewal Flow-through h. Source of dilution water. If laboratory water,specify type;if receiving water,specify source. Laboratory water Receiving water i. Type of dilution water. If salt water,specify"natural"or type of artificial sea salts or brine used. Fresh water Salt water j. Give the percentage effluent used for all concentrations in the test series, k. Parameters measured during the test. (State whether parameter meets test method specifications) pH Salinity Temperature Ammonia Dissolved oxygen I. Test Results, Acute: Percent survival in 100% effluent LCso 95% Control percent survival Other(describe) Page 16 of 22 EPA Form 3510-2A(Rev, 1-99). Replaces EPA forms 7550-6&7550-22. FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional WWTP, Initial Permit Catawba Chronic: NOEC % IC25 Control percent survival Other(describe) m. Quality Control/Quality Assurance. Is reference toxicant data available? Was reference toxicant test within acceptable bounds? What date was reference toxicant test run(MM/DD/YYYY)? Other(describe) E.3. Toxicity Reduction Evaluation. Is the treatment works involved in a Toxicity Reduction Evaluation? o Yes 0 No If yes,describe: E.4. Summarycause of of Submitted Biomonitoring Test Information. If you have submitted biornonitonng testinform information, information aautitohonz aa nd ags summary the of toxicity,within the past four and one-half years,provide the dates the information was submitted to the permitting of the results. Date submitted: (MM/DDIYYYY) Summary of results: (see instructions) • ,--"'"''''''TAToorgifttimmarTroMOZTOMMOSIONO010,1011111111 ,.,;,,z---,,,aroAorammsirmmoMaaafianraMgritgPQPMPiWL2N'VgMfttfMMSNKfdeViSMOMIISSN,Ma•frt,#lfM 011101111111"1"8"1"11081110itow0VMPASUNEOmmoossolittlatizf00. *aot SM REFER afktvissmLitag*liggimlitgauiviaa•awaoAfpawiooy4iagRMINtIWKca*miutmso*o maf , iiW"' klkaaliMRt;MU7gt"SNatfeOMMMMNIMISMO MUSTORM52AkYgq gpdwmmsmmnemnnsmsrstuoneta MONOSINWOMONFOMMINIMPROMMIOMFoopeolm,,,,prpv,„.,,,,,, Page 17 of 22 EPA Form 3510-2A(Rev,1-99), Replaces EPA forms 7550-8&7550-22. FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional vWTP, initial Permit Catawba SSUPPLEMPN1A A LIQ T N'N ORM M Tt I PART 1= 1N a 1A U$ (S HA E Al I:I A 2 LA IA ' . All treatment works receiving discharges from significant industrial users or which receive RCRA,CERCLA,or other remedial wastes must complete part F. GENERAL INFORMATION: F.1. Pretreatment program. Does the treatment works have,or is subject to,an approved pretreatment program? ❑ Yes ❑ No F.2. Number of Significant Industrial Users(SiUs)and Categorical Industrial Users(ClUs). Provide the number of each of the following types of industrial users that discharge to the treatment works. a. Number of non-categorical Sills. b. Number of CIUs. SIGNIFICANT INDUSTRIAL USER INFORMATION: Supply the following information for each SIU. If more than one SIU discharges to the treatment works,copy questions F.3 through F.8 and provide the information requested for each SiU. F.3. Significant Industrial User Information. Provide the name and address of each SIU discharging to the treatment works, Submit additional pages as necessary. Name: Mailing Address: F.4. Industrial Processes. Describe all the industrial processes that affect or contribute to the SIU's discharge. F.S. Principal Product(s)and Raw Material(s). Describe all of the principal processes and raw materials that affect or contribute to the SlU"s discharge, Principal product(s): Raw material(s): F.S. Flow Rate. a. Process wastewater flow rate. Indicate the average daily volume of process wastewater discharge into the collection system in gallons per day(gpd)and whether the discharge is continuous or intermittent. gpd ( continuous or intermittent) b. Non-process wastewater flow rate, Indicate the average daily volume of non-process wastewater flow discharged into the collection system in gallons per day(gpd)and whether the discharge is continuous or intermittent, gpd ( continuous or intermittent) F.7. Pretreatment Standards. Indicate whether the SiU is subject to the following: a. Local limits ❑ Yes ❑ No b. Categorical pretreatment standards ❑ Yes ❑ No If subject to categorical pretreatment standards,which category and subcategory? EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 18 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Lohg Creek Regional WWTP, Initial Permit Catawba F.8. Problems at the Treatment Works Attributed to Waste Discharge by the SIU. Has the SIU caused or contributed to any problems(e.g., upsets,interference)at the treatment works in the past three years? © Yes Cl No If yes,describe each episode. RCRA HAZARDOUS WASTE RECEIVED BY TRUCK, RAIL,OR DEDICATED PIPELINE: imam' F.9. RCRA Waste. Does the treatment works receive or has it in the past three years received RCRA hazardous waste by truck,rail or dedicated pipe? CJ Yes © No(go to F.12) F.1O. Waste transport Method by which RCRA waste is received(check all that apply): 0 Truck Rail 0 Dedicated Pipe F.11. Waste Description. Give EPA hazardous waste number and amount(volume or mass,specify units). EPA Hazardous Waste Number Amount Units CERCLA(SUPERFUND)WASTEWATER, RCRA REMEDIATION/CORRECTIVE ACTION WASTEWATER,AND OTHER REMEDIAL ACTIVITY WASTEWATER: F.12. Remedlatlon Waste. Does the treatment works currently(or has it been notified that it will)receive waste from remedial activities? CI Yes(complete F.13 through F.15.) El No F.13. Waste Origin. Describe the site and type of facility at which the CERCLAtRCRAfor other remedial waste originates(or is excepted to origniate in the next five years). F.14. Pollutants. List the hazardous constituents that are received(or are expected to be received). Include data on volume and concentration,if known. (Attach additional sheets if necessary.) F.15. Waste Treatment. a. Is this waste treated(or will be treated)prior to entering the treatment works? ( Yes p No If yes,describe the treatment(provide information about the removal efficiency): b. Is the discharge(or will the discharge be)continuous or intermittent? Cl Continuous El Intermittent If intermittent,describe discharge schedule. I u cM - 'F t - < 1i �' lltg J 0t, ,J,0 �x>•, END F T F t r to R ED > HE A PLICATI N V RVIEW PAGE�1 TO DETERMt EWHICH OTHER P RTS 1� ��S ) J Y � �M t YN J F FORM 2 YOU MUST COMPLETE Y i ; EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 19 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional WWTP, Initial Permit Catawba .' UPPLEMENTAL APPLICATIONINF RMATI If the treatment works has a combined sewer system,complete Part G. G.1. System Map, Provide a map indicating the following: (may be included with Basic Application Information) a. All CSO discharge points, b. Sensitive use areas potentially affected by CSOs(e.g.„beaches,drinking water supplies,shellfish beds,sensitive aquatic ecosystems,and outstanding natural resource waters). c. Waters that support threatened and endangered species potentially affected by CSOs. G.2. System Diagram. Provide a diagram,either in the map provided in G.1 or on a separate drawing,of the combined sewer collection system that includes the following information. a. Location of major sewer trunk lines,both combined and separate sanitary. b. Locations of points where separate sanitary sewers feed into the combined sewer system. c, Locations of in-line and off-line storage structures. d. Locations of flow-regulating devices. e. Locations of pump stations. CSO OUTFALLS: Complete questions G.3 through G.6 once for each CSO discharge point. G.3. Description of Outfall. a, Outfell number b. Location (City or town,if applicable) (Zip Code) (County) (State) (Latitude) (Longitude) c. Distance from shore(if applicable) ft. d. Depth below surface(if applicable) ft. e. Which of the following were monitored during the last year for this CSO? ❑ Rainfall ❑ CSO pollutant concentrations ❑ CSO frequency ❑ CSO flow volume 0 Receiving water quality f. How many storm events were monitored during the last year? G.4. CSO Events. a. Give the number of CSO events in the last year. events (0 actual or 0 approx.) b. Give the average duration per CSO event. hours (0 actual or 0 approx.) EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 20 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Long Creek Regional WWTP, Initial Permit Catawba c. Give the average volume per CSO event. million gallons(0 actual or 0 approx.) d. Give the minimum rainfall that caused a CSO event in the last year Inches of rainfall G.S. Description of Receiving Waters. a, Name of receiving water: b. Name of watershed/river/stream system: United State Soil Conservation Service 14-digit watershed code(if known): c. Name of State Management/River Basin: United States Geological Survey 8-digit hydrologic cataloging unit code(if known): G.6. CSO Operations. Describe any known water quality impacts on the receiving water caused by this CSO(e.g.,permanent or intermittent beach closings,permanent or intermittent shell fish bed closings,fish kills,fish advisories,other recreational loss,or violation of any applicable State water quality standard). ifiU 4d z it«$yF\ar�.�": s'p 4 t t {r rS , . r . " t{ � a �1{ r� 1 ti. a ;, a st ti\<, .Sz t 4,�..1 3 ft k„v. , A3��l_ -sst t \t M tY 52 f{�� � ,� .s CNYk ' � t t 3 �141, s �� k tl� ,1a � s » wtL . s t � t ~ rt i\ tti t N4 3r r w 0 V , ,0,0 , � � . i � � h � - W e i; ��t ? \sr r� ^ "3 � \: etr �;? " 4 � �,, �, 7� ,. t,'r x . 5 5 ? � kiiat I � s t t , F , :� ' � C � rt tv v s � N . ' fi� . s , t ,s f , rS,,„ 3 „ti . a3fFo t. ., , , 3 i z. ,o , , s. , .v , , t , , £ son uy t r . EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 21 of 22 Additional information,if provided,will appear on the following pages. NPDES FORM 2A Additional Information b; Charlotte Water City of Mount Holly City of Belmont Long Creek Regional Wastewater Treatment Punt 000 Feet Outfall Location MOUN I inch = 2,000 feet LEGEND Hoix 1: ,000 Long Creek Regional WWTP with Outfall C.", IMrc— by Area of Interest BLACK &VEATCH Seiee Layer Credos: Copyright:0 201 National Geographic Society, 1-cubed 0. 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Alternative 2: Proposed Long Creek WWTP F11 TFt 8520 Cliff Cameron Drtve,Suite 2105403 G6eti W t Ave,Stare G-03 Charlotte,NC 28269 and Belmont to Paw Creek PS Forcemain F7aiexgti.NC 27812 (704)5548.8461 Streams ph(919)239.3900,ix(919)239,8913 www entfPx cool Date,11(0 `013;PM:LE"Author:MVY,hruiuct tr:1126005;Fite:T.*_PROJECTS\07CMU ETS§1MMXDVSa 1uun 3 t Sde'✓rsr d_Cttober20131t"lt3S 103f Streamu AZ.ncc mxvl PURCHASE AND SALE AGREEMENT 0 RGINAL This PURCHASE AND SALE AGREEMENT (this "Agreement") is made and executed by and between REVENTURE PARK INVESTMENTS I, LLC, a North Carolina limited liability company (hereinafter "ReVenture"), CLARIANT CORPORATION, a New York corporation (hereinafter "Clariant") and CITY OF CHARLOTTE, a municipal corporation(hereinafter"Buyer"or the"City"). WHEREAS, ReVenture is the owner of approximately 248.9533 acres of real property in Mecklenburg County,North Carolina,as described on Exhibit A("ReVenture Property"). WHEREAS, Clariant is the owner of approximately 351.817 acres of real property in Mecklenburg County,North Carolina, as described on Exhibit A("Clariant Property"). WHEREAS, (1) ReVenture desires to sell to Buyer, and Buyer desires to buy from ReVenture: (i) that portion of the ReVenture Property that is designated as"Tract A"on Exhibit B (such portion of the ReVenture Property is referred to as "Tract A"); (ii) that portion of the • ReVenture Property that is designated as"Tract B"on Exhibit B (such portion of the ReVenture Property is referred to as 'Tr act B"); and (2) Clariant (or ReVenture as the successor in title to Clariant) desires to sell to Buyer, and Buyer desires to buy from Clariant (or ReVenture as the successor In title to Clariant), that portion of the Clariant Property that is designated as"Tract C" • on Exhibit B (such portion of the Clariant Property is referred to as "Tract C") (Tract A, Tract B and Tract C are collectively referred to as the"Property"). WHEREAS, as part of its waste water treatment operations, Buyer operates the Long Creek Pump Station(the"Pump Station") located on Tract A; and WHEREAS, Buyer desires to purchase the Property for the continued protection and operation of the Pump Station as well as for construction and operation of a new regional waste water facility(the"City Project") to serve the citizens of Mecklenburg County and surrounding areas. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties hereby agree as follows: • 1. LAND SALE AND PURCHASE: (a) As of the Effective Date (as defined in Section 31(f)), Clariant is the owner of Tract C. Prior to Closing, Clariant may transfer Tract C to ReVenture. If Tract C is transferred to ReVenture,then ReVenture shall convey all of the Property to Buyer at Closing. If Tract C is not transferred to ReVenture, then ReVenture shall convey Tract A and Tract 13- to Buyer at Closing, and Clariant shall convey Tract C to Buyer at Closing. Accordingly, the - term "Selier"means ReVenture as to Tract A and Tract B, and Clariant as to Tract C, except that if Tract C is transferred to ReVenture, then "Seller" means ReVenture as to all of the Property. . (b) Seller agrees to sell and Buyer agrees to purchase the.Property under the terms • and conditions hereinafter set forth. PPAD 2024907v7 2. PROPERTY: The Property consists of approximately 181,252 a acres, o comprises 1 fl all of tax parcels 053-051-03, 053-061-17 and 053-281-05, and a portion tax parcel The Property is more fizlly described on the Recombination Plat (as defined in Section 7) attached hereto as Exhibit B and a legal description derived from the Recombination Plat attached hereto as Exhibit C. 3, EARNEST MONEY DEPOSIT: Within three(3)business days after the Effective Date, Buyer shall deliver to Chicago Title Insurance Company, 200 South Tryon Street, Suite 800, Charlotte, NC 28202 ("Escrow Agent") the sum of$265,732.00 as an earnest money deposit (such sum, together with any interest earned thereon,is the"Deposit"). Escrow Agent shall hold the Deposit in an interest bearing account with a financial institution insured by the Federal Deposit Insurance Corporation. Escrow Agent shall hold and disburse the Deposit in accordance with the terms of this Contract, including the terms on Exhibit D. At Closing, the Deposit will be applied against the Purchase Price. 4. PURCHASE PRICE: The total purchase price for the Property is $ 6,579,700.00 as determined pursuant to the schedule (and related map) attached as Exhibit E ("Purchase Price"). The Purchase Price shall be paid in cash by wire transfer at Closing. 5. CLOSING:. (a) Seller and Buyer agree that, subject to the terms of this Agreement,the closing of the Property shall be held at a time and place in Charlotte, North Carolina as agreed by Buyer and Seller,on June 4,2013 (hereinafter,the"Closing"). At Closing,Buyer, in addition to any and all other items required by the terms hereof, shall deliver to Seller the following items: the Purchase Price; a closing statement; and any additional documents reasonably and customarily required by the Title Company(as defined herein) for the proper consummation -of the transaction. At Closing, Seller, in addition to any and all other items required by the terms hereof,shall deliver to Buyer the following items: the Special Warranty Deed("Deed") as provided for herein; a lien waiver affidavit (but only as to work performed at the direction of Seller); a certification as_t© applicable representations and warranties as required by._ Section 18; and any and all additional documents reasonably and customarily required by the Title Company for the proper consummation of this transaction. (b) Each panty shall bear the costs of this transaction as follows: Buyer shall pay for: (i) any escrow fee of the Escrow Agent and Title Company; (ii)Buyer's attorney's fees; (iii) the premium for the issuance of the Owner's Title Insurance Policy; (iv) any and all inspection costs described in Section 9 hereof; (v)the cost of the Recombination Plat and any Survey(as defined in Section 10); and (vi) the recording fees for the Deed. Seller shall pay for: (i)any transfer taxes and/or documentary stamps, if any; (ii) the preparation of the Deed and all other closing documents reasonably and customarily required by the Title Company to properly transfer title to the Property; and (iii) Seller's attorney's fees. (c) At Closing, Buyer shall pay ReVenture, in addition to the Purchase Price, the sum of$265,732.00 ("Use Payment"), representing payment for Buyer's pre-Closing use of that portion of Tract A where the Pump Station is located. If this Agreement terminates and ReVenture is entitled to retain the Use Payment pursuant to the terms of this Agreement,then 2 PPas 20249070 • the retention of the Use Payment by ReVenture imposes no obligations whatsoever on ReVenture to lease the Property to Buyer after the date of such termination, and Buyer acknowledges that the Use Payment represents payment to ReVenture for Buyer's pre- termination use of such portion of the Property. 6. DUE DILIGENCE PERIOD: The period beginning in the Effective Date and ending on May 31,2013 is referred to as the"Due Diligence Period"). 7. RECOMBINATION PLAT: Buyer, at Buyer's expense, has obtained a recombination plat (the"Recombination Plat") for the Property, made by a surveyor duly licensed in the state of North Carolina, a copy of which is attached hereto as Exhibit B. The legal description of the Property to be attached to the Special Warranty Deed is attached as Exhibit C. Seller shall have no obligation to convey the Property until the Recombination Plat-has been approved by all applicable governmental authorities, and has been recorded in the Office of the Mecklenburg County Register of Deeds ("Registry"). The Recombination Plat shall not be recorded until Closing. 8. TITLE, TITLE POLICY AND .REMEDIES: Either before_or_promptly following the date of full execution of this Agreement, Seller shall provide Buyer with copies of any title or survey documents in its possession which pertain to the Property. During the Due Diligence Period, and without imposing any obligation on Seller, Buyer shall have the right to obtain, at Buyer's expense, an Owner's Title Policy Commitment dated after the Effective Date(herein the "Title Commitment") and issued by such title insurer of national recognition. as Buyer shall select (the "Title Company"), together with complete and legible copies of all exceptions set forth herein, showing good and marketable title to the Property (including any and all easement rights owned by Seller relating to the Property)vested in Seller,free and clear of all liens, leases, restrictions, claims, easements, public rights-of-way, encroachments, reservations, or other matters or encumbrances, except those listed on Exhibit F attached hereto and incorporated herein by reference (herein called the "Permitted Encumbrances"), which shall not be considered to be title defects. Without imposing any obligation on Seller,said policy of the Title Company shall provide full coverage againstmechanics' or as s terialmn's liens;Buyer' counsel mave ay reall survey- son bly coverage and shall contain such other special endorsements require. 9; INSPECTIONS: Prior to Closing, Seller grants unto Buyer, and/or its agents, employees and/or contractors (as determined by Buyer) full permission and license to enter upon the Property for the purposes of inspection and the performance of any,and all tests or studies including, but not limited to, feasibility studies, environmental studies and geotechnical tests (collectively, the "Inspections"), in order to assure the Property is suitable-to Buyer for its intended use. Buyer agrees to indemnify and hold Seller harmless from any and all loss, liability, claims and damages arising out of the exercise of Buyer's rights under this Section 9 which indemnity shall survive the Closing of the Property and termination of this Agreement. Immediately upon the completion of the Inspections, Buyer shall (i)repair all material damage to the Property caused by Buyer's inspections, unless caused by the negligence or willful misconduct of Seller, its agents, employees Or contractors, and (ii) provide Seller with a copy of any and all reports, conclusinsorosucQntractors c�nmaries resulting P operty. Buyer Inspections agrees tha performed shall Buyer and/or its agents, employees 3 PPAB 2624907v7 � k keep confidential all information, findings and data which are developed by soil borings and tests to determine the hydrocarbon and hazardous substance or chemical content of the soil, and that same shall not be disclosed to any third party except as required by federal, state and local laws, rules and regulations (including, without limitation, public records laws), or as may be necessary for Buyer to disclose to lenders and/or other third parties reasonably necessary for Buyer's completion of the purchase contemplated by this Agreement. Buyer's obligations under this Section 9 shall survive Closing and the tennination of this Agreement. 10. BUYER'S OBJECTIONS: (a) On or before May 28, 2013, Buyer shall inform Seller, in writing, of any objections it may have to any survey of the Property obtained by Buyer ("Survey") or the Title Commitment (hereinafter, the"Objections"). Within ten (10) days after Buyer delivers € its notice of Objections to Seller, Seller may deliver notice to Buyer of Seller's election to attempt to cure or not attempt to cure each Objection ("Objection Response"). If Seller fails to respond to any Objection within that ten (10) day period, then Seller shall be deemed to have elected not to attempt to cure that Objection. Seller shall have the right, but not the obligation, to attempt to cure any Objections, at Seller's sole cost and expense,within twenty (20) daysifter receipt of Buyer's notice of Objections(hereinafter, the"Cure Period")-and, if necessary,the Closing Date shall automatically be extended until the end of the Cure Period. (b) If Seller refuses, or is unable, to cure the Objections within the Cure Period, Buyer shall have the option, as its sole remedy, to either (i) waive the Objections•and close this transaction subject to the Objections, with no reduction in the Purchase Price therefor, except for reductions in the Purchase Price for Objections voluntarily created by Seller that can be cured by payment of a stated fixed amount such as a lien (to the extent the lien arises from work performed at the direction of Seller) or deed of trust or (ii) terminate this Agreement, in which latter event the Deposit, less the Use Payment (which shall be retained by Seller), shall be returned to Buyer, this Agreement-shall be void and neither Buyer nor Seller shall have any further rights, liabilities or obligations hereunder, except those that expressly survive the termination of this Agreement. If Seller elects (or is deemed to have elected) not to attempt a cure under Section 10(a), then Buyer must give notice to Seller within(and,if necessary, the Closing Date shall automatically be extended until)ten(10)days after the first to occur of(1) receipt of Seller's Objection Response or(2) the expiration of the ten (10) day period in which Seller may deliver the Objection Response, as to whether Buyer elects (i) or (ii) in this Section 10(b). Further, if Seller elects to cure,but fails to cure by the end of the Cure Period, then Buyer must give notice to Seller within (and, if necessary, the Closing Date shall automatically be extended until) ten (10) days after the end of the Cure Period as to whether Buyer elects (i) or (ii) in this Section 10(b), If Buyer fails to make its election (under either of the two preceding sentences) within the applicable ten (10) day • period, then Buyer shall be deemed to have chosen(i)in this Section 10(b), (c) Notwithstanding anything herein to the contrary, with respect to Objections to • Seller's title (other than Permitted Encumbrances or items arising out of Buyer's acts or omissions) which first arise, occur or appear of record after the effective date of the Title Commitment, Buyer may raise such Objections at any time prior to Closing. The Closing shall be postponed for so long as necessary for the Objections to be cleared to the reasonable 4 PPAB 2024907v7 1 , satisfaction of Buyer and the Title Company; provided, however, if said Objections are not cleared within a period of fifteen (15) days after the Closing Date, Buyer may, as its sole remedy, choose either(i) or (ii) in Section 10(b) above by delivering written notice to Seller within ten (10) days after the end of that fifteen (15) day period. If Buyer fails to make its election within that ten (10) day period, then Buyer shall be deemed to have chosen (i) in Section 10(b), 11. SPECIAL COVENANTS OF BUYER, REVENTURE AND CLARIANT: Buyer, ReVenture and Clariant (as applicable) make the following special covenants, agreeing to be bound,each to the other. (a) NPDES Permit. ReVenture has executed a lease and/or option to lease, and a purchase agreement, concerning an adjacent parcel to the Property, which parcel is owned by Clariant and described on Exhibit G(hereinafter the"Clariant Tract"). The Clariant Tract is a brownfield site on which is located a currently operating wastewater treatment facility (the - "Clariant Plant") that is currently permitted to discharge to the Catawba River pursuant to NPDES Permit No. NC0004735 (the "NPDES Permit") issued by the North Carolina Department of Environment and Natural Resources ("DENR"). In anticipation of this Agreement, Clariant requested and was granted a permit modification in 2011 that prescribes (and Clariant intends to seek a further permit modification in 2013 that will prescribe) conditions for transfer of 90% of Clariant's permitted Nitrogen and Phosphorus allocations ("Nutrient Transfer") to the Buyer and/or others, as provided in the NDPES Permit. On or prior to the date of this Nutrient Transfer, Clariant and/or ReVenture will have taken actions to limit the quantity and type of wastewaters treated such that it can comply with the reduced nutrient allocations. Prior to the Nutrient Transfer, Clariant and/or ReVenture intends to have made necessary provisions including any facility and permit modifications required by DENR to allow the Clariant Plant (i) to treat and discharge contaminated ground water from the Clariant Tract to the Catawba River, (ii) to treat as necessary and discharge storm water from the Clariant Tract to the Catawba River; and (iii) to treat and discharge other miscellaneous water generated by operations on the Clariant Tract; provided that nothing shall prevent Clariant or ReVenture from implementing alternative measures for the proper collection and treatment of the ground water, storm water, and miscellaneous water. In the event that there are discharges from operations on the Clariant Tract that(1) would cause the Clariant Plant to exceed the then-permitted discharge of nitrogen and/or phosphorus to the Catawba River, or (2) otherwise cannot be treated and discharged by the Clariant Plant under the NPDES Permit (the"Additional Discharges"), Clariant and/or ReVenture agrees to apply to Buyer for waste water service to handle the Additional Discharges, and Buyer agrees to accept such application and to provide such service in accordance with applicable law, policies, regulations and/or ordinances of the Buyer as the same may then exist or may be subsequently revised. Nothing in this provision may be construed to create a continuing obligation that would extend beyond the fulfillment of each patty's obligations under this Section 11(a),This Section 11(a)shall survive Closing. (b) Nutrient Allocation. 5 PPAE 2024907v7 (i) Simultaneously with the Closing of the Property, Buyer shall purchase from ReVenture 90% ofthe permitted Nitrogen and Phosphorous allocations in the NPDES Permit (286.65 lbs/day Nitrogen and 36 lbs/day Phosphorus) (the "90% Nutrient Allocation"). At Closing,Buyer shall pay ReVenture the price of$5,850,000.00 for the 90% Nutrient Allocation(the"90% Nutrient Allocation Purchase Price"). (ii) After (A) Buyer has paid the 90%Nutrient Allocation Purchase Price, (B) Buyer delivers to ReVenture a written notice requesting the 90% Nutrient Allocation transfer be made, and (C) testing under the NDPBS Permit has confirmed that, for four consecutive months, the Clariant Plant has complied with its new nutrient limits that would be effective after the Nutrient Transfer, ReVenture, at its own expense, shall provide DENR with a written notification as prescribed in the NPDES Permit authorizing transferts of the to theCity Nutrient of M Holly, the City of Belmont in the NPDES Permits or Bfor Clanantt,ES, Mt Holy,Belmont and/or Buyer. Allocation as provided (iii) The City shall also have the right of first refusal to purchase the remaining 10% of the nutrient allocations in the NPDES Permit for Six Hundred and Fifty Thousand and No/100 Dollars ($650,000.00), at whatever time that ReVenture, in its sole discretion, elects to sell such remaining 10%allocation. (iv) Until such time that the Nutrient Allocation is formallyant transferred us -from ReVenture and/or Clariant by DENR, ReVenture heir commercially reasonable efforts to maintain the nutrient allocation reflected in the current NPDES Permit. • _ (v) If Clariant,and not ReVenture, is the NPDES Permit holder at the time • of the Closing of the sale of the Property and/or the nutrient allocation transfers identified above, then Clariant shall (A) receive afl Nutrient Allocation Purchase Price City at the Closing and (B) me trnsfer obligations of ReVenture nder this Section 11(b), as the case may be. - (vi) This Section 11(b) shall survive Closing. (c) Renewable Energy Credits. Buyer acknowledges that the Property has been conditionally designated as a Cleanfields Renewable Energy Demonstration Park ("Cleanfields Park")by the North Carolina Secretary of State pursuant to Session Law 201©- 195, an Act to Authorize the Establishment of Cleanfields Renewable Energy Demonstration Park in the State ("Cleanfields Act"). Buyer agrees to cooperate and take such actions, if any, as are necessary to ensure that the Property remains designated as a Cleanfields Park. ReVenture shall be solely entitled to any additional renewable energy credits authorized by Section 4 of the Cleanfields Act ("RECs"), together with any other environmental benefits, credits or attributes arising from the designation of the Property as a Cleanfields Park. Buyer shall take such actions and executel such Such additional uments as ay reasonably be RECs and any other red to environmental ReVenture's entitlement and/or benefits,credits or attributes.This Section 11(c) shall survive Closing. (d) Access Easement. 6 PPAri 20249t17v7 . grant to Buyer a temporary access easement (i) At Closing,Clariant shall roadway shown as "Access Access Easement") over and across the existing ("TemporaryArea") byexecuting and delivering to "Ter orary Access Easementattached ex g• The Temporary Road"Buy the Exh. Y ("Temporary pthe date on which a bridge Accesses Temporary Access Easement Agreement is shall be effective until the earlier Troccur �°�°a dJor C ("Bridge")(the Easementa and Tract) C l, over Long Creek that connects Tract A withy Buyer shall tiall complete such that vehicles can cross the Bridge; J substantially (b) the "Outside Termination Date"). permits for the construction exercise set forth Cr this seasonal is "Permits") as commercially reasonable efforts to obtain ent Iaaeatl,©ri��y(ccilleetively, applicable goverm poromptly mthe Bridge from the app and, after such permits are obtained, complete promptly as possible after Closing construction of the Bridge by the Outside Termination Date. (ii) If as of Outside Termination Date, Buyer has exercised those best have been not been obtained due to the Tina and absolute the Brin of dge, therefore,eff onerts,but the of suchPermits the applicable governmental authorities, one or more Permits by complete, then Clariant (©r ReVenture as successor in title to Clariis not Tract) and Agreement") that agree upon and Buyer shall exercise commereialy reasonable le efforts to up© the Clamant agreement ("Permanent Easement public right-of--way over the Clariant Tract and to ides the form of anaccess s over a permanent the Property("Pe m nent Access Eas ment Area"). The form of that Permanent Easement Agemnth ll bms ©rary Access Easement Agreement a permanent easement, and (b) compensation attached as shall be substantiallybusl in vidform()a p the emp Tract) for the value ofa the Exh�J�but shall provide Clariant (or ReVenture as successor in t©call n of the Permanent Access Easemenv'ded t° to Buyer. The 1 pro Area permanent easement grantedTemporary Access Easement Area; may(1) shall sat Clariant the locationeofe the Temp Y t t Tract,res Easement Area prior (1) Clariant'(or, as the successor in title to thenCl�ae snit ReVenture} however,e that of the Pe, designate a new location for all or any portionat anytime after entering into ._ , to entering portion of the Permanent Access into the Permanent Easement Agreement; and (2) e Clariant Tract) reement, relocate all or any p the Permanent Clariantent titlete the Permanent Tract) Easement Area. If (or ReVenture as the successor in to or elects to relocate, all or any portion designates a new location for, e Clariant Access EasementArea, then Clariant (or ReVenture as the successorAcc in tle to hne t Area Tract) shall construct a road within the new location of the Permanented from the Permanent 'on at least equal to the condition of the road then existing within, that that is of the condition Prior to commencing use of the road in the Permanent Access • portion of Permanent Access Easement Area that is being (even if anyunpaved Eacem Easement Area. un aved portion of that roadursuant to pns Eorement Area, Buyer shall pave shy p orary Access Easement Area)P portion of road was used as part of the Temp ed b Clariant(or ReVenture as successor in title to the Clariant Tract). approv Y (iii) This Section 11(d)shall survive Closing. (e) Intentionally Deleted. . Seller shall reserve for en to Environmental Monita Easement. a a non-exclusive tspe�petual easement over, benefit of.Seller, its successors and assigns, PPAB 20249070 and through Property purposes the urposes of ingress, egress and regress to conduct dr ch sand oil, p sediment, groundwater, surface water sam ling and other response, removal, r y be required m monitoring activities on, in and under the Propertys"maro i provide that to comply with applicable law(the"Permitted Activities"). The easement f (i) Buyer, including its representatives, agents, contractors and subcontractors, shall have the right to be present during and to observe all of Seller's activities at the Property under this Agreement. (ii) Seller shall provide Buyer. with written notice the Per . t Acast tivities) business days in advance of each entry onto the Property to conduct Seller and Buyer shall use good faith efforts to work cooperatively in coordinating times and. methods for each entry. rir Seller and its representatives, agents,contractors and/or subcontractors (iii) and workmanlike manner, and in.a shall conduct the Permitted Activities in a prompt, goodhe manner that will not unreasonably interfere with Buyer's aguidavities nce ill caayt e Proout perty. y. Seller d shall comply with all applicable laws, regulations and Activities. (iv) At the conclusion of the Permitted Activities, Seller the e al Activities, e the Property to the same condition as it was inb immediately Seller shall, at sole cost and expense, or as close thereto as reasonably practrca permitted remove from the Property and be responsible for (1) wstgene ateco n y the with the Activities, and (2) all equipment brought onto theProperty icn materialonor waste gene rated Sellere matted tActi itidispose s. In addit release materil or Propertyaste shall be stored at the generated by the Permitted Property after the conclusion of the Permitted Activities. Buyer's obligation to close on the Property is 12. BUYER'S CONDITIONS T©CLOSING: Conditions Precedent'): - �- - specifically contingent upon the following("Buyer's a) All representations and warranties of Seller set forth in this Agreement are true and correct in all material respects as of the date of Closing. (b) All deeds of trust,liens and other charges against the Property(other than those arising out of the acts or omissions of Buyer) that required by thayable have �snAgreement, , subject to the payment by Buyer of any prorated share of such charges as paid and cancelled by Seller at or prier to Closing. p (c) Title is delivered at Closing by special warranty deed and must be fee simple marketable title, subject only to ad valorem taxes for the current year and the Permitted Encumbrances. (d) Neither Seller nor any agent of Seller shall have received any notices from any city, governmental authority(other than Buyer)of any taking of the Property,or county or any any portion thereof,.by eminent domain or similar proceeding, and no such taking or other 8 PPAB 2024907v7 condem nation of the Property, or any portion thereof, shalt be threatened or contemplated by . any such governmental authority(other than Buyer). In-the event one or more of Buyer's Conditions Precedent are not met, or it becomes apparent that Buyer's Conditions Precedent will not be met, on or before Closing, Buyer shall have the giving written notice to Seller, of either (i) terminating this Agreement or option,waiving suchd coby g g Agreement is terminated by Buyer pursuant to this Section, (ii) such condition. If this to the Deposit, less the Use Payment(which shall be retained Sellery Seller),shall be have any further rights, liabilities this Agreement shall be void and neither Buyer norreem ent. or obligations hereunder, except those that expressly set forth in survive the etl�sration of Section,ttlus Agreement In the event of the waiver by Buyer of any condition shall continue in full force and effect as to all other terms and,conditions. 13. SELLER'S CONDITIONS TO CLOSING: Seller'obli Precedent')on the Property is specifically contingent upon the following("Seller's Coni (a) All representations and warranties of Buyer set forth in this Agreement are true and correct in all material respects as of the date of Closing. , (b) The Recombination Plat has been recorded in the Registry. In the event one or more of Seller's Conditions Precedent are not met, or it becomes apparent Seller's Conditions Precedent will not be met, on or before Closing, Seller shall have the that Agreement ©x option, exercised by giving written notice to Buyer, of either (i)ted by Sel terminatingtthissuant � this Section, (ii) waiving such condition. IfP is en�hichrshal be retained by Seller), shall be returned to then the Deposit, less the use aym ( any Buyer, this Agreement shall be void and neither Buyer nor Seller rs shall h 11 have a etan fu ©n of rights, this liabilities or obligations hereunder, except those that expressly Agreement, In the event of the waiver by Seller of any condition o d t o nset fd forth in this Section, this Pr _ Agreement shall continue in full force and effect as to all POSSESSION: Possession of the Property shall be delivered to Buyer eat the rim thef Cl POSSES leases and licenses for the use of the P p Y Closing free and clear of all tenancies, • Permitted Encumbrances and as otherwise herein permitted. 15. LICENSES LEASES AND OTHER AGREEMENTSAFFECTING an CTIN third PROPERTY:R use of i r Seller shall not enter into any agreement Withy to the Closing, permission from Buyer if that agreement would be binding on Property without prior written p Buyer after Closing. 16. TAXES AND ASSESSMENTS: Taxes andassessments p£C©s ng blwill be allocatede to the tax c(by els containing the Property ("Tax Parcels") for the calendar y acreage) between the Property and the remainder of the T x Parcels h Cpro prorated on have not g year basis, If the ad valorem real property taxes for t year been determined by Closing, then the proration shall be based eron thn re itheeost year'sated taxes, and the parties agree to adjust between themselves any diff ctual Tax e p, rorations within 30 days after the actual tax statements for the due Parcelsand foablre year e r o f Closing have been received. If ad valorem real property ing, PPAB 2024991v7 then those taxes shall be paid at Closing. If ad valorem real property taxes are not due and payable at Closing, then, at Closing,Buyer and Seller shall each deposit into escrow with Escrow Agent their proportionate share of the estimated ad valorem real property taxes on the Tax Parcels and Escrow Agent shall pay the taxes on the Tax Parcels at such time as those taxes are due and payable. This Section 16 shall survive Closing. 17. BROKERAGE: Seller and Buyer represent and warrant to each other that they have not retained any broker in connection with the transaction contemplated by this Agreement. Should any claim for commission be asserted, each party hereby expressly agrees to indemnify and hold the other harmless with respect thereto to the extent that such indemnifying party is shown to have been responsible for the creation of such claim. This Section 17 shall survive Closing and the termination of this Agreement. 18. REPRESENTATIONS AID WARRANTIES OF SELLER: Seller represents to Buyer that to Seller's actual knowledge as of the Effective Date: (a) There are no lawsuits or similar legal proceedings pending or expressly threatened against Seller regarding the Property or any portion thereof. (b) Seller has received no actual notice of any eminent domain or condemnation proceedings filed or pending,which affect the Property. (c) Seller has not received any actual, written notice of any violations by Seller of law, governmental ordinances, environmental regulations, orders or requirements applicable to the Property, including, but not limited to; those relating to zoning, land use, hazardous materials, building codes, and fire, health and safety codes (collectively, "Legal Requirements")other than environmental'regulations. (d) Seller has not entered into any unrecorded leases, unrecorded easements or unrecorded encumbrances affecting the Property that would be binding upon Buyer_or its _successors or assigns after Closing. (e) Except for the Permitted Encumbrances, Seller has entered into no agreement, oral or written, encumbering the Property that would be binding upon Buyer or its successors or assigns after Closing. (f) The undersigned, as the designated representative of Seller, has the right, power and authority to execute and deliver this Agreement and the closing documents and consummate the sale of the Property. Seller shall deliver to Buyer at the Closing evidence satisfactory to Buyer, Buyer's attorneys and the Title Company with respect to the right, power and authority of Seller's designated representative(s) to execute and deliver the closing documents and consummate the sale of the Property. If requested by Buyer, Seller shall execute and deliver an instrument at Closing reaffirming, to the extent true, all of said representations and warranties. If any representation or • warranty above is not true in all material respects at Closing as a result of a matter, event or circumstance beyond Seller's reasonable control, then Seller shall not be in default under this Agreement and Buyer's sole remedy shall be to terminate this Agreement as a result of the 10 PPA82024997r7 • failure of the condition under Section 12(a) and, thereafter, neither Buyer nor Seller shall have any further obligations hereunder, except those that expressly survive the termination of this Agreement. Further, if Seller acquires actual knowledge of any fact(s) rendering any of the foregoing representations and warranties false at any time prior to Closing, Seller shall promptly notify Buyer in writing of such fact(s). The representations and warranties of Seller hereunder shall survive Closing for a period of six(6)months only. 19. REPRESENTATIONS AND WARRANTIES OF BUYER: Buyer represents to the Seller that the undersigned, as the designated representative of Buyer, has the right, power and authority to execute and deliver this Agreement and the closing documents and consummate the sale of the Property. Buyer shall deliver to Seller at the Closing evidence satisfactory to Seller, Seller's attorneys and the Title Company with respect to the right, power and authority of Buyer's designated representatives) to execute and deliver the closing documents and consummate the sale of the Property. The representations and warranties of Buyer hereunder shall survive Closing for a period of six(6)months only. 20. PROPERTY CONVEYED"AS IS"/BROWNFIELDS: (a) Property Conveyed As-Is. Buyer acknowledges and agrees-that(i)the Property shall be sold, and Buyer shall accept possession of the Property at Closing, "as is, where is, with all faults",with no right of setoff or reduction in the Purchase Price except as set forth in Section 10(b); (ii)except for the representations and warranties set forth in Section 18 and for the special warranty'of title in the deed to Buyer, neither Seller nor the Seller Related Parties (as defined below)have or shall be deemed to have made any verbal or written representations or warranties (whether express, implied, statutory or otherwise) to Buyer with respect to the Property, any matter set forth, contained or addressed in any documents or materials regarding the Property delivered to or obtained by Buyer (including the accuracy and completeness thereof) or the results of any inspections; and (iii)by closing on the Property, Buyer shall be deemed to have confirmed independently all information that it considers material to its purchase of the Property. BUYER SPECIFICALLY ACKNOWLEDGES THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 18 AND FOR THE SPECIAL WARRANTY OF TITLE IN THE DEED TO BUYER, BUYER IS NOT RELYING ON (AND SELLER AND THE SELLER RELATED PARTIES DO HEREBY DISCLAIM AND RENOUNCE) ANY REPRESENTATIONS OR WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, FROM SELLER OR ANY SELLER RELATED PARTIES,AS TO: (1)THE OPERATION OF THE PROPERTY, THE HABITABILITY OF THE PROPERTY, OR THE MERCHANTABILITY OF THE- PROPERTY FOR A PARTICULAR PURPOSE; (2) THE PHYSICAL CONDITION OF THE PROPERTY OR THE CONDITION OR SAFETY OF THE PROPERTY OR ANY IMPROVEMENTS THEREON, OR SUITABILITY OF THE PROPERTY OR ANY IMPROVEMENTS THEREON FOR A PARTICULAR PURPOSE; (3) THE PRESENCE OR ABSENCE, LOCATION OR SCOPE OF ANY HAZARDOUS MATERIALS (AS DEFINED BELOW),IN,AT, UNDER OR AROUND THE PROPERTY; (4) ANY IMPROVEMENTS ON THE PROPERTY AND THE QUALITY OF THEIR CONSTRUCTION; (5)WHETHER THE PROPERTY OR THE 11 PI'AII 2024907v7 • IMPROVEMENTS THEREON ARE IN COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS OR ORDINANCES; OR(6)THE ZONING OF THE PROPERTY. (b) Brownfields. (i) Buyer acknowledges that ReVenture has applied to enroll the Property, the Clariant Tract and other surrounding land in the North Carolina Brownfields Program, through which ReVenture would obtain Brownfields Agreements ("BFAs") pursuant to the Brownfields Property Reuse Act of 1997,N.C. Gen. Stat. 130A-310-37, et seq. As part of the brownfields process, ReVenture will record in the Mecklenburg County Register of Deeds one or more Notices of Brownfields Property ("Notices") covering both the Property and the Clariant Tract, which Notices will contain land use restrictions and other requirements. The"North Carolina Department of Environment and Natural Resources ("DENR") deemed the Property and the Clariant Tract eligible for a BFA by letter dated June 30, 2011. Buyer further acknowledges that Seller, in its discretion, may elect not to include Tract C in the Brownfields Program and that Tract C may not be subject to Brownfields protections or restrictions. (ii) Buyer agrees to execute the Notice applicable to the Property to acknowledge its recordation, and to execute such other documents as DENR may require to subject-Buyer's interests in the Property to*the restrictions and requirements in that Notice; provided,however, that (1) ReVenture shall provide Buyer with an opportunity to review the Notice prior to agreeing with DENR on its final form, and (2) Buyer shall not be required to acknowledge the recordation or priority of the Notice if the Notice materially interferes with Buyer's planned uses of the Property for the City Project. (c) Release. (i) BUYER, -FOR BUYER AND BUYER'S SUCCESSORS AND ASSIGNS, HEREBY RELEASES, DISCHARGES AND COVENANTS NOT TO SUE SELLER AND THE SELLER RELATED PARTIES FROM OR FOR ANY CLAIM, DEMAND, NOTICE, ASSESSMENT, LIABILITY, WARRANTY, OBLIGATION, DAMAGE (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, MULTIPLE AND NATURAL RESOURCES DAMAGES), COST, EXPENSES OR LOSS WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED,RELATED OR ATTRIBUTABLE TO THE FOLLOWING: (1) ANY AND ALL STATEMENTS OR OPINIONS MADE PRIOR TO, AT OR AFTER THE EFFECTIVE DATE, OR INFORMATION FURNISHED BY SELLER OR THE SELLER RELATED PARTIES TO BUYER OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES (EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES UNDER SECTION 18 AND FOR THE SPECIAL WARRANTY OF TITLE IN THE DEED TO BUYER); AND (2) THE PROPERTY OR ANY MATTER PERTAINING THERETO, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: LATENT AND PATENT CONDITIONS, ANY AND •ALL ENVIRONMENTAL MATTERS; 12 YPAB 202490/v7 • WITHOUT LIMITING THE FOREGOING, THE PRESENCE OR RELEASE OF HAZARDOUS MATERIALS IN, ON, UNDER, FROM OR AROUND THE PROPERTY • OR ANY ADJOINING PROPERTY; ZONING REQUIREMENTS, SUBSOIL CONDITIONS; STORM WATER DRAINAGE CONDITIONS; THE EXISTENCE OR CONDITIONS OF UTILITIES; RESTRICTIONS AND OTHER MATTERS AFFECTING TITLE TO THE PROPERTY; ANY AND ALL LAWS, STATUTES, RULES, REGULATIONS, ORDERS, NOTICES AND OTHER REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, COMMON LAW (COLLECTIVELY "LAWS") RELATING TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL LAWS (ii) BUYER ACKNOWLEDGES THAT BUYER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF BUYER'S SELECTION AND BUYER IS. GRANTING THIS RELEASE OF ITS OWN VOLITION AND AFTER CONSULTATION WITH BUYER'S COUNSEL. (d) Definitions. (i) "Hazardous Materials" means any waste, pollutant, chemical, hazardous material, hazardous substance, toxic substance, hazardous waste, special waste, solid waste, asbestos, radioactive materials, polychlorinated biphenyls, petroleum or petroleum-derived substance ©r waste and any other pollutant, material, substance or waste regulated under or as defined by any Environmental Laws. (ii) "Environmental Laws" means all present and future Laws, including without limitation any agreements or permits, issued, promulgated, approved or entered thereunder by any government authority, relating to pollution or hazardous materials or protection of human health or the environment, including the Comprehensive Environmental Response,Compensation,and Liability Act(CERCLA)of 1980,42 U.S.C. §§9601 et seq., as _ amended by the Superfund Amendment and Reauthorization Act (SARA) of 1986 and -- - Resource Conservation and Recovery Act-of 1976, 42 U.S:C.•§§6901 et seq., as any of the : - - foregoing may be amended. (iii) "Seller Related Parties" means Seller's officers, agents, managers, members, directors, contractors, representatives and employees, and Seller's affiliated companies, and the officers, agents, managers, members, directors, contractors, representatives and employees of those affiliated companies. (e)• Survival. The terms of this Section 20 shall survive Closing and any termination of this Agreement. The terms of Section 20(c) shall be set forth in the deed to Buyer. a,..21: 'DEFAULT: (a) If Buyer defaults in the performance of any of its obligations under this Agreement and fails to cure such default within ten(10) business days after receipt of written notice thereof from Seller,then the Deposit shall be forfeited to Seller immediately, and Seller may terminate this Agreement and/or seek any other remedies at law or at equity which may. .. 13 PPA©2024907v7 4, be available to Seller for such default. In addition, at Seller's request (and only at Seller's request) Buyer shall deliver to Seller all surveys, appraisals, site plans, reports, title information, studies and any other due diligence information pertaining to the Property arising out of the Inspections or otherwise within five days following such request. (b) If Seller defaults in the performance of any of its obligations under this Agreement and fails to cure such default within ten(10) business days after receipt of written notice thereof from Buyer, then Buyer may, as its sole and exclusive remedy, either: (i) terminate this Agreement, in which case Escrow Agent shall refund the Deposit to Buyer, and neither party shall have any further obligations under this Agreement (other than those obligations that expressly survive the termination of this Agreement); (ii) seek specific performance of this Agreement; or(iii)permanently waive the default and proceed to Closing in accordance with the terms of this Agreement. (c) This Section 21 shall survive Closing and the termination of this Agreement. 22. NOTICE AND ADDRESSES: All notices concerning this Agreement shall be addressed as follows: BUYER: City of Charlotte Ron Kimble, Deputy City Manager 600 East Fourth Street Charlotte,NC 28202 Facsimile: (704)336-2408 COPIES TO: City Attorney's Office CMGC, 7th Floor 600 East Fourth Street Charlotte,NC 28202 Attn: Catherine L. Cooper _Attn: (704) 632-8333 SELLER: ReVenture Park Investments I, LLC 5320 Old Pineville Road Charlotte,NC 28217 Attn: Thomas J. McKittrick Facsimile: (704) 364-0090 COPIES TO: Parker Poe Adams&Bernstein LLP .. 401 South Tryon Street, Suite 3000 • Charlotte,NC 28202 Attn:Thomas M. Quirk, Esquire Facsimile: (704) 335-9743 Attn: Thomas N. Griffin,Esquire Facsimile: (704) 335-9567 " t 14 PPAE 20749070 3 CLARIANT: Clariant Corporation 4000 Monroe Road Charlotte,NC 28205 Attention: Christopher S. Barnard Facsimile: (704) 377-1063 Notice shall be effective upon the date of receipt by the intended recipient, provided that any notice that is sent by tele-fax or electronic mail shall also be.simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective. 23. TERM OF AGREEMENT: This Agreement shall commence upon the Effective Date. 24. ENTIRE AGREEMENT AND AMENDMENTS: There are no agreements, promises or understandings between the parties except as specifically set forth herein. No modification; waiver, amendment, discharge or other change to this Agreement shall be valid unless the same is in writing and signed by the party to which the same is charged, Buyer has designated the City Manager, or his designee, as the City's representative under this Agreement. Such representative shall have the authority, on behalf of Buyer, to discharge responsibilities, exercise rights and options, settle disputes, make adjustments and amendments (including reasonable time extensions) and issue waivers,to the full extent permitted by law. 25. NO THIRD PARTY RIGHTS: This Agreement is entered into by and between the parties hereto for their exclusive benefit. The parties do not intend to create or establish by this Agreement any third-party beneficiary status or rights,and no such third-party shall be entitled to enforce any right of obligation or enjoy any benefit created or established by this Agreement. 26. AUTHORITY TO EXECUTE: Each of Buyer, ReVenture and Clariant warrant and represent, as to itself only, that this Agreement has been duly authorized by all necessary action on the part of such party, and has-been duly executed-and delivered by such party, and constitutes the valid and binding agreement of such party, and is enforceable against such party in accordance with its terms, and that each person executing this Agreement on behalf or Buyer, ReVenture and Clariant has authority to do so. 27. RISK OF LOSS: Risk of loss prior to the Closing shall be on Buyer. If, prior to Closing, any portion or all of the'Property is damaged or destroyed by fire or any other cause, except where such event is occasioned by a willful negligent act of Seller or its employees, agents or contractors, then this Agreement shall continue in full force and effect and risk of loss shall be on Buyer. If such event is occasioned by the willful negligent act of Seller or its employees, agents or contractors, then Buyer may elect by written notice delivered to Seller on or before Closing to either: (i)terminate this Agreement in which case the Deposit, less the Use Payment(which shall be retained by Seller), shall be returned to Buyer, this Agreement shall be void and neither Buyer nor Seller shall have any further rights, liabilities or obligations hereunder, except those that expressly survive the termination of this Agreement;or(ii) take title to the Property"as-is"without any credit or offset for such damage or destruction. • 15 PPAB 2024907v7 28. SURVIVAL,OF COVENANTS, REPRESENTATIONS AND WARRANTIES: Except as otherwise expressly set forth in this Agreement, the representations,warranties and covenants contained in this Agreement shall merge in the deed and shall not survive Closing. Without limiting the prior sentence and in addition to the express survival provisions set forth in this Agreement, the terms of Sections 22, 24, 25, 26, 28, 29 and 31 shall survive Closing and any termination of this Agreement. 29. PARTIES BOUND: This Agreement and all rights hereunder shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. This Agreement may not be assigned, in whole or in part, by Buyer. 30. TIME OF ESSENCE: Time is of the essence to both Seller and Buyer in the performance of this Agreement, and they have agreed that strict compliance by both of them is required as to any date set out herein. If the final day of any period of time set out in any provision of this Agreement falls upon a Saturday or Sunday or a legal holiday under the laws of the State of North Carolina, then and in such event, the time of such period shall be extended to the next day which is not a Saturday,Sunday or legal holiday in the State of North Carolina. 31. MISCELLANEOUS: (a) Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in singular number shall be held to include the plural and vice versa,unless context requires otherwise. (b) The captions used in connection with the sections of this Agreement are for convenience only and shall not be deemed to construe or limit the meaning of the language contained in this Agreement, or be used as interpreting The meanings and provisions of this Agreement. (c) In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable iri any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement. shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. (d) In the event Seller or Buyer or their successors or assigns shall breach any of the terms pf this Agreement and Seller or Buyer retain the services of any attorney for enforcement, the prevailing party shall recover from the other party, in addition to any other relief allowed provided herein, all reasonable costs of enforcement including reasonable attorney's fees which are actually incurred at customary rates without presumption of law. (e) This Agreement shall be governed by and construed in accordance with the laws and judicial decisions of the State of North Carolina. Venue for any action with respect to this Agreement shall lie in any court of competent jurisdiction in Mecklenburg County, North Carolina. (0 The date by which this Agreement has been fully executed by both parties shall be known as the`Effective Date". 16 PPAR 20249O7v7 • 32. COUNTERPARTS: This Agreement may be signed in any number of counterparts,each to be an original, but all of which shall constitute but one agreement, and it shall be sufficient to bind a party if such party signs any such counterpart. [SIGNATURES FOLLOW] 17 PPME3 2O249©7v7 ' IN WITNESS WHEREOF, the parties have set their hand as of the date appearing below, REVENTURE: REVENTURE PARK INVESTMENTS I, LLC, a North Carolina limited liability company By: CLEAN ENERGY,LLC, a Nevada l' ited liability company, its M. :g- By, ifitiv +m cKitt ick, Manager Date: ,.5 `1 3 1 3 BUYER: CITY OF CHARLOTTE, a North Carolina municipal corporation By: Name: Title: Date: • CLARIANT: CLARIANT CORPORATION, a New York c9rpctration Name: C.-S.Barnard Title: Date: Secretary&General Counsel jIsi 18 PPAB 2024997r7 • IN WITNESS WHEREOF,the parties have set their hand as of the date.appearing below. REVENTURE: REVENTURE PARK INVESTMENTS I, LLC, a North Carolina limited liability company By: CLEAN ENERGY,LLC, a Nevada limited liability company, its Manager By: Tom MoKittrick,Manager Date: • BUYER: CITY OF CHARLOTTE, a North Carolina municipal corporation BY: p,_€Lut Name: Title: A P(a...E, p- Date: CLAMANT: CLARIANT CORPORATION, a New York corporation By: Name: Title: Date: 18 PPAB 2O24907%6 EXHIBIT A ReVenture Property and Clariant Property The real property located in Mecklenburg County, North Carolina and described as follows: ReVenture Property Tract 2 That approximately 56.718 acre tract ("Tract 2") designated as "Tract 2" on the plat • ("ReVenture Plat") recorded in Plat Book 52, Page 643 in the Office of the Mecklenburg County Register of Deeds("Registry"); Tract 3 That approximately 201.744 acre tract ("Tract 3") designated as "Tract 3" on the ReVenture Plat; Tract 4 That approximately 46.336 acre tract ("Tract 4") designated as "Tract 4" on the ReVenture Plat; LESS AND EXCEPT that portion of the property described above that was conveyed by ReVenture to Catawba Lands Conservancy by deed recorded in Deed Book 26977, Page 599 in the Registry(which conveyed property is designated as"50.6874 ACRES"on plat recorded in Plat Book 53, Pages 747-751 ("CLC Plat"), and as "5.1573 ACRES"on the CLC Plat). Clariant Property That approximately 351.817 acre tract designated as"Tract 1"on the plat recorded in Plat Book 52, Page 643 in the Registry, • A-1 PPAB 2024907v7 EXHIBIT l3 Recombination Pitt t � r 9 PPARyy�.r�,j�y�'yry�q B-1 P AR 2O2490 v f . ' 'e�mw . -2u� .. • v r,- ., - - - .. _ — . . 8'11nC 013dN110 ? .J ' i/ ! /, 'k'3lu''.. rrrrr-r rl� 1:�.. � r.rf-� l$2:; ',,.�, r y��.y CC3^. Si fir// . I tL';TKrw. 'r,"'_�1m'"Ri.`x J?7r 4a f.. i 11 "t-r_ -r�' — ' dy' �� •Pr ''/ /. — r'ri_+'�nr:+.M. r:;'"- it qrt Zi a,.�,n'"P4"w'a ",. ' o.v oa" v. �'/` %j � +rw�xa wuw,e s wnvcnn m •'.'fi �. ._ .�f 4 ' ‘ - ' - +..+ ,i'a�w"g�^+ ' nurses R. JI --- .�`j� • 4. • ... Nf, 'm kr - . ............r1 a't,•m 'r I,•/ ttt / ,r/ n". ti 4 di,r4fj,= n [1 ...�.... � '- .1rW uow�oen ant it mane a' ' ` L. f y ;. ':a c m 4 a R7 N a..' _ .,w.w^:mac fl�l ' '" r r r a �.'s y,!/ / II J/ ... LL 1r 11/44a ' r .r:xu.r ,Kd (14.:4:a".flrM I. • 1 'j N zxx ;r __-„.�.-�- • i/B�."'i!G"t'rN �1�� ' ' tt V ng � T'a I k is i1-d r- ,'r X, • `.`/','"TS ;' r e• ,...' ?i j• , j1i1j Iimt iI�'Q , m.a.a'•mn 1 'f�'i • �•e vt.:,,,,.1 ,I -:''k-,..i. 7:4. EIA 0 Zi .. ...,. _ �` r� ..�� '�� � r f „, «` spa cam__ F i 4 r" , • ' EXHIBIT C Legal Description Tr act A (PROPOSED LONG CREEK WASTE WATER TREATMENT PLANT SITE) REVENTURE PARK INVESTMENT I, LLC PROPERTY • BEING A REMAINDER PORTION OF THAT TRACT 3 AND ALL OF THAT TRACT 4 PER THAT PLAT TITLED "EXEMPT SUBDIVISION MAP FOR CLARIANT CORPORATION"RECORDED IN MAP BOOK 52,PAGE 643, AND DESCRIBED IN BOOK 26318, PAGE 718, MECKLENBURG COUNTY REGISTRY (HENCE MCR) AND BEING ALL OF THAT PROPOSED 102.149 ACRE TRACT A, AS SHOWN ON THAT MAP - TITLED "RECOMBINATION PLAT OF REVENTURE PARK INVESTMENT 1, LLC TRACTS 1,2,3 &4 - LONG CREEK WASTE WATER TREATMENT PLANT" PREPARED BY THE SURVEY COMPANY, INC., DATED JUNE 15, 2012, SIGNED AND SEALED BY MICHAEL C. SAWHILL,NCPLS#L-3223,TO WHICH REFERENCE IS HEREBY MADE: COMMENCING AT NCGS STATION "WHIM" HAVING NC GRID COORDINATES IN U.S. SURVEY FEET OF NORTH 564,987.70 AND EAST 1,411,954.61 WITH A COMBINED GRID FACTOR OF 0.99984387; THENCE, S 72*-08)-58" W, A GRID DISTANCE OF 8,713.01 FEET TO A-FOUND 7/8" PIPE, THE COMMON EASTERLY CORNER OF TRACTS 3 & 4 (MAP BOOK 57, PAGE 643, MCR) AND BEING THE NORTHWESTERLY CORNER OF THAT CLARIANT CORPORATION TRACT DESCRIBED IN BOOK- 5290, PAGE 804 (MCR) AND THE POINT OF BEGINNING; THENCE, WITH SAID CLARIANT TRACT'S WESTERLY LINE, S 32%29)-30" W, A DISTANCE OF 2,518.49 FEET TO A FOUND 1/2" PIPE, THE MOST EASTERLY CORNER OF THAT MECKLENBURG COUNTY U.S NATIONAL WHITEWATER CENTER TRACT AS DESCRIBED IN BOOK 6230, PAGE 893 (MCR); THENCE, WITH SAID MECKLENBURG COUNTY TRACT'S NORTHERLY LINES THE FOLLOWING EIGHT(8)COURSES: 1)N 27%20)-32"W,A DISTANCE OF 1,342.06 FEET TO A FOUND 1 1/2"PIPE; 2) S 62%39)-42" W, A DISTANCE OF 421.97 FEET TO A FOUND ANGLE IRON AND 2" GALVANIZED PIPE IN CENTER LINE OF TRIBUTARY TO LONG CREEK; 3)N 57°-02'-49"W,A DISTANCE OF 25.23 FEET TO A FOUND 1/2"PIPE; 4)N 45°-31'-37"W,A DISTANCE OF 28.99 FEET TO A FOUND 1/2" PIPE; 5)N 48°-31'-41"W,A DISTANCE OF 67.08 FEET TO A FOUND 1/2"PIPE; 6)N 58%57)-04"W,A DISTANCE OF 47.75 FEET TO A CALCULATED POINT; • C-1 PPAB 20249070 ° 7)N 66°-53'-26"W,A DISTANCE OF 29.30 FEET TO A CALCULATED POINT; 8) N 58°-02'-06" W, A DISTANCE OF 25.25 FEET TO A CALCULATED POINT ON THE FERC/DUKE REGULATORY LINE OF THAT CRESCENT RESOURCES TRACT DESCRIBED IN BOOK 3146, PAGE 165 (MCR); THENCE, WITH SAID FERC/DUKE REGULATORY LINE THE FOLLOWING ONE HUNDRED FIFTY-NINE(159) COURSES: 1)N 01°-36'=44"E,A DISTANCE OF 38.21 FEET TO A CALCULATED POINT; 2)N 05°-33'-27"W,A DISTANCE OF 49.83 FEET TO A CALCULATED POINT; 3)N 0I°-43'-33"E, A DISTANCE OF 32.90 FEET TO A CALCULATED POINT; 4)N 18°-17'-59"E, A DISTANCE OF 58.16 FEET TO A CALCULATED PONT; 5)N 10%32'-38"E,A DISTANCE OF 46.72 FEET TO A CALCULATED POINT; 6)N 14°-34'-38"E,A DISTANCE OF 49.08 FEET TO A CALCULATED POINT; 7)N 35°-15'-38"E, A DISTANCE OF 48.37 FEET TO A CALCULATED POINT; 8)N 37°-23'-39"E,A DISTANCE OF 49.92 FEET TO A CALCULATED POINT; 9)NT48°-©7'-57"E,A DISTANCE OF 54.98 FEET TO A CALCULATED POINT; 10)N 51°-53'-11"E,A➢ISTANCE OF 46.02 FEET TO A CALCULATED POINT; 11)N 34°-30'-01"E,A DISTANCE OF 55.62 FEET TO A CALCULATED POINT; 12)N 04%29)-47."E,A DISTANCE OF 54.67 FEET TO A CALCULATED POINT; 13)N 41°-17'-18"E,A DISTANCE OF 54.02 FEET TO A CALCULATED POINT; 14)N 34°-48'-13"E,A DISTANCE OF 62.28 FEET TO A CALCULATED POINT; 15)N 65°-15'-44"E,A DISTANCE OF 56.64 FEET TO A CALCULATED POINT; 16)N 45°-15'-48"E,A DISTANCE OF 43.21 FEET TO A CALCULATED POINT; 17)N 39°-45'-18"E,A DISTANCE OF 59.88 FEET TO A CALCULATED POINT; 18)N 35°-59'-26"E,A DISTANCE OF 29.25 FEET TO A CALCULATED POINT; 19)N 62°-32'-56"E,A DISTANCE OF 36.57 FEET TO A CALCULATED POINT; 20) N 24°-59'-14"E,A DISTANCE OF 41.17 FEET TO A CALCULATED POINT; 21)N 58°-24'-03"E,A DISTANCE OF 79.13 FEET TO A CALCULATED POINT; 22)N 66°-56'-35"E,A DISTANCE OF 48.11 FEET TO A CALCULATED POINT; 23)N 34°-48'-44"E,A DISTANCE OF 37.65 FEET TO A CALCULATED POINT; 24)N 44°-33'-08"E,A DISTANCE OF 23.65 FEET TO A CALCULATED POINT; "' 25)N.65°-07'-25"E,A DISTANCE OF 64.23 FEET TO A CALCULATED POINT; 26)N 77°-37'-49"E,A DISTANCE OF 42.69 FEET TO A CALCULATED POINT; 27)S Si°-49'-43"E, A DISTANCE OF 39.97 FEET TO A CALCULATED POINT; 28)N 60°-24'-52"E,A DISTANCE OF 73.79 FEET TO A CALCULATED POINT; 29)N 55°- 0'-19"E,A DISTANCE OF 50.80 FEET TO A CALCULATED POINT; 30)N 57°-39'-12"E,A DISTANCE OF 57.91 FEET TO A CALCULATED POINT; 31)N 46°-33'-29"E,A DISTANCE OF 51.09 FEET TO A CALCULATED POINT; 32)N 52°-27'-30"E,A DISTANCE OF 41.78 FEET TO A CALCULATED POINT; 33)S 86°-33'-39"E,A DISTANCE OF 21.51 FEET TO A CALCULATED POINT; 3.4)S 64°-10'-23"E,A DISTANCE OF 33.82 FEET TO A CALCULATED POINT; 35)N 37°-54'-56"E,A DISTANCE OF 51.62 FEET TO A CALCULATED POINT; 36)N 14°-05'-22"E,A DISTANCE OF 60.75 FRET TO A CALCULATED POINT; 37)N 05°-02'-20 E,A DISTANCE OF 67.18 FEET TO A CALCULATED POINT; 38)N I T-54'-08"E,A DISTANCE OF 27.63 FEET TO A CALCULATED POINT; 39)N 12°-24'-38"E,A DISTANCE OF 51.19 FEET TO A CALCULATED POINT; C-2 PPAB2024907v7 40)N 23°-10'-29"E,A DISTANCE OF 44.15 FEET TO A CALCULATED POINT; 41)N 29°-0l'-11"E,A DISTANCE OF 72.71 FEET TO A CALCULATED POINT; 42)N 29°-08'-19"E,A DISTANCE OF 58.96 FEET TO A CALCULATED POINT; 43)N 43°-35'-39"E, A DISTANCE OF 44.56 FEET TO A CALCULATED POINT; 44)N 18°-26'-I T'E,A DISTANCE OF 52.61 FEET TO A CALCULATED POINT; 45)N 17°-42'-13"W,A DISTANCE OF 39.84 FEET TO A CALCULATED POINT; 46)N 09°-28'-40"W,A DISTANCE OF 32.19 FEET TO A CALCULATED POINT; 47)N 21°-19'-47"W,A DISTANCE OF 56.70 FEET TO A CALCULATED POINT; 48)N 23°-36'-58"W,A DISTANCE OF 52.69 FEET TO A CALCULATED POINT; 49)N 21°-21'-13"W,A DISTANCE OF 42.21 FEET TO A CALCULATED POINT; 50)N 14°-30'-45"W,A DISTANCE OF 55,25 FEET TO A CALCULATED POINT; 51)N 04°-41'-04"E,A DISTANCE OF 40.52 FEET TO A CALCULATED POINT; 52)N 60°-35'-27"E, A DISTANCE OF 61.81 TO A FOUND 1/2" PIPE; 53)N 68°-35'-35"E,A DISTANCE OF 54.25 TO A FOUND 1/2"PIPE; 54)N 85°-28%04"E, A DISTANCE OF 52.76 FEET TO A CALCULATED POINT; 55)N 74°-37'-33"E, A DISTANCE OF 55.44 FEET TO A CALCULATED POINT; 56)N 48°-08'-28"E, A DISTANCE OF 44.01 FEET TO A CALCULATED POINT; 57)N 39°-28'-15"E, A DISTANCE OF 26.55 FEET TO A CALCULATED POINT;- 58)N 38°-38'-33" E,A DISTANCE OF 35,30 FEET TO A CALCULATED POINT; 59)N 69°-25'-19"E,A DISTANCE OF 30.73 FEET TO A CALCULATED POINT; 60) S 74°-36'-25"E,A DISTANCE OF 24.73 FEET TO A CALCULATED POINT; 61)N 73°-23'-37"E,A DISTANCE OF 37,91 FEET TO A CALCULATED POINT; 62)N 58°-09'-42"E, A DISTANCE OF 28.75 FEET TO A CALCULATED POINT; 63)N 07°-30'-27"E,A DISTANCE OF 35.81 FEET TO A CALCULATED POINT; 64)N 09°-37'-51"E,A DISTANCE OF 30,53 FEET TO A CALCULATED POINT; 65) N 41°-49)-45"E,A DISTANCE OF 32.99 FEET TO A CALCULATED POINT; 66)N 50°-06'-48"E,A DISTANCE OF 21.11 FEET TO A CALCULATED POINT; 67)N 85°-50'-39"E,A DISTANCE OF 34.45 FEET TO A CALCULATED POINT; 68) S 77°-06'-40"E, A DISTANCE OF 33.41 FEET TO A CALCULATED POINT; 69) S 61°-55'-©6"E,A DISTANCE OF 34.31 FEET TO A CALCULATED POINT; 70) S 56°-48'-13"E, A DISTANCE OF 34,09 FEET TO A CALCULATED POINT; 71) S 30°-23'-05"E, A DISTANCE OF 50.43 FEE 1 TO A CALCULATED POINT; 72) S 18°-44'-23"E,A DISTANCE OF 32.09 FEET TO A CALCULATED POINT; 73) S 15°-29'-06"E,A DISTANCE OF 25.72 FEET TO A CALCULATED POINT; 74) S 38°-13'-45"E, A DISTANCE OF 31.51 FEET TO A CALCULATED POINT; 75)S 26 ©7'-48"W,A DISTANCE OF 48.43 FEET TO A CALCULATED POINT; 76) S 69°-33%44"W,A DISTANCE OF 46.64 FEET TO A CALCULATED POINT; 77) S 82°-42'-00"W,A DISTANCE OF 37.21 FEET TO A CALCULATED POINT; 78) S 23°-43'-15"W,A DISTANCE OF 58.18 FEET TO A CALCULATED POINT; 79) S 11°-55'-17"E, A DISTANCE OF 45.35 FEET TO A CALCULATED POINTT; 80) S 23°-04'-07"E,A DISTANCE OF 71.8©FEET TO A CALCULATED POINT; 81) S 6I°-2©'-©9"E,A DISTANCE OF 61.80 FEET TO A CALCULATED POINT; 82) S 79°-25'-08"E,A DISTANCE OF 51.46 FEET TO A CALCULATED POINT; 83) S 68°-15'-15"E, A DISTANCE OF 32.87 FEET TO A CALCULATED POINT; 84) S 83°-36'-37"E,A DISTANCE OF 29.57 FEET TO A CALCULATED POINT; 85)N 54°-57'-33"E,A DISTANCE OF 58.94 FEET TO A CALCULATED POINT; C-3 PPA 2024997%1 ° • 86)N 64°-43'-32"E,A DISTANCE OF 55.51 FEET TO A CALCULATED POINT; 87)S 45°-51'-20"E,A DISTANCE OF 33.52 FEET TO A CALCULATED POINT; 88)N 75°-21'-44"E,A DISTANCE OF 27.41 FEET TO A CALCULATED POINT; 89)N 63°-30'-34" E,A DISTANCE OF 30.06 FEET TO A CALCULATED POINT; 90)S 60°-06'-19"E,A DISTANCE OF 16.42 FEET TO A CALCULATED POINT; 91)S 53°-07'-27"E, A DISTANCE OF 46.53 FEET TO A CALCULATED POINT; 92)S 42%19'-13" E,A DISTANCE OF 42.99 FEET TO A CALCULATED POINT; 93)S 53°-53'-12"E,A DISTANCE OF 74.61 FEET TO A CALCULATED POINT; 94)S 55°-16'-56" E, A DISTANCE OF 69.90 FEET TO A CALCULATED POINT; 95) S 61°-36'-00"E,A DISTANCE OF 53.99 FEET TO A CALCULATED POINT; 96)S 56°-25'-52"E, A DISTANCE OF 39.61 FEET TO A CALCULATED POINT; 97)S 71°-©7'-15"B,A DISTANCE OF 31.50 FEET TO A CALCULATED POINT; 98)S 33°-54'-28"E, A DISTANCE OF 29.24 FEET TO A CALCULATED POINT; 99) S 66°-24'-47"E, A DISTANCE OF 58,90 FEET TO A CALCULATED POINT; 100) S 56°-49'-21"E,A DISTANCE OF 73.97 FEET TO A CALCULATED POINT; 101) S 70%53'-41"E, A DISTANCE OF 60.03 FEET TO A CALCULATED POINT; 102)S 63°-36'-06"E,A DISTANCE OF 48.18 FEET TO A CALCULATED POINT; 103)N 83°-04'-27"E, A DISTANCE OF 47.03 FEET TO A CALCULATED POINT; 104)S 81°-57'-22"E, A DISTANCE OF 49.77 FEET TO A CALCULATED POINT; 105)S 86°-35'-30" B,A DISTANCE OF 41.02 FEET TO A CALCULATED POINT; 106) S 88°-00'-35"E,A DISTANCE OF 60.52 FEET TO A CALCULATED POINT; 107)N 01°-I3'-15"W, A DISTANCE OF 2.00 FEET TO A CALCULATED POINT; 108)N 62°-20'-25"W,A DISTANCE OF 0.99 FEET TO A CALCULATED POINT; 109)N 85°-56'-02"W, A DISTANCE OF 58,71 FEET TO A CALCULATED POINT; 110)N 85°-02'-37"W,A DISTANCE OF 45.17 FEET TO A CALCULATED-POINT; 111)N 80°-59'-59"W, A DISTANCE OF 46.79 FEET TO A CALCULATED POINT; 112)S 85°-17'-28"W,A DISTANCE OF 43.67 FEET TO A CALCULATED POINT; 113)N 64°-06'-20"W, A DISTANCE OF 51.21 FEET TO A CALCULATED POINT; 1,14)N 69°-01'-39"W, A DISTANCE OF 59.42 FEET TO A CALCULATED POINT; 115)N 5°-10'-07"W,A DISTANCE OF 7.8.92 FEET TO O A CALCULATED POINT; • • 116)N 67'-20'-26"W,A DISTANCE OF 42.25 FEET TO A CALCULATED POINT; 117)N 39°-39'-13"W, A DISTANCE OF 23.18 FEET TO A CALCULATED POINT; 118)N 61°-58'-04"W,A DISTANCE OF 50.18 FEET TO A CALCULATED POINT; 119)N 50 -46'-40"W,A DISTANCE OF 27.03 FEET TO A CALCULATED POINT; 120)N 57°-56'-54"W,A DISTANCE OF 58.15 FEET TO A CALCULATED POINT; 121)N 55°-21'-39"W, A DISTANCE OF 73.34 FEET TO A CALCULATED POINT; 122)N 54°-25'-04"W, A DISTANCE OF 70.96 FEET TO A CALCULATED POINT; 123)N 46%04)-12"W, A DISTANCE OF 36.64 FEET TO A CALCULATED POINT; 124)N 50°-27'-O0"W,A DISTANCE OF 50.55 FEET TO A CALCULATED POINT; 125)N 63°-08'-14"W,A DISTANCE OF 19.31 FEL1'TO A CALCULATED POINT; 126)N 09°-42'-O6"E,A DISTANCE OF 35.13 FEET TO A CALCULATED POINT; 127) S 83°-15'-53"E,A DISTANCE OF 43.09 FEET TO A CALCULATED POINT; 128)N 45°-50'-31"E,A DISTANCE OF 34.12 FEET TO A CALCULATED POINT; 129)N 33°-50'-24"B,A DISTANCE OF 38.66 FEET TO A CALCULATED POINT; 130)N 31°-17'-57"E, A DISTANCE OF 33.00 FEET TO A CALCULATED POINT; 131)N 64°-58'40"E,A DISTANCE OF 31,81 FEET TO A CALCULATED POINT; C-4 PPAB 2024907v7 1 132)N 79°-10'-01"E,A DISTANCE OF 41.29 FEET TO A CALCULATED POINT; 133)N 64°-55'-26"E,A DISTANCE OF 41.75 FEET TO A CALCULATED POINT; 134)N 78°-53'-26"W, A DISTANCE OF 40.51 FEET TO A CALCULATED POINT; 135)N 45°-10'-24"W,A DISTANCE OF 29.70 FEET TO A CALCULATED POINT; 136)N 24°-07'-47"E, A DISTANCE OF 57.77 FEET TO A CALCULATED POINT; .137)N 27°-47'-32"E, A DISTANCE OF 34.38 FEET TO A CALCULATED POINT; 138)S 57°-04'-11"E,A DISTANCE OF 34.21 FEET TO A CALCULATED POINT; 139)N 76°-32'-38"E, A DISTANCE OF 68.33 FEET TO A CALCULATED POINT; 140)N 49°-36'-16"E,A DISTANCE OF 54.40 FEET TO A CALCULATED POINT; 141)N 43%37'-26"E,A DISTANCE OF 52.60 FEET TO A CALCULATED POINT; 142)N 20°-05'-24"E,A DISTANCE OF 37.45 FEET TO A CALCULATED POINT; 143)N,18°-23'-34"W,A DISTANCE OF 56.64 FEET TO A CALCULATED POINT; 144)N 54°-46'-46"W,A DISTANCE OF 40.88 FEET TO A CALCULATED POINT; 145)N 68°-57'-24"W,A DISTANCE OF 48.70 FEET TO A CALCULATED POINT; 146) S 62°-42'-39"W, A DISTANCE OF 54.91 FEET TO A CALCULATED POINT; 147) S 09°-34'-25"W,A DISTANCE OF 50.51 FEET TO A CALCULATED POINT; 148) S 15°-36'-02"E,A DISTANCE OF 30.09 FEET TO A CALCULATED POINT; 149) S 35°-06'-29"W,A DISTANCE OF 17.02 FEET TO A CALCULATED POINT; 150)N 42°-57'-20"W, A DISTANCE OF 19.12 FEET TO A CALCULATED POINT; 151)N 25°-55'-42"W, A DISTANCE OF 34.01 FEET TO A CALCULATED POINT; 152) N 02°-40'-59"W, A DISTANCE OF 38.12 FEET TO A CALCULATED POINT; 153)N 14°-51'-21"W,A DISTANCE OF 47.28 FEET TO A CALCULATED POINT; 154)N 10'-44'-47"E,A DISTANCE OF 55.76 FEET TO A CALCULATED POINT; 155)N 06°-30'-32"W,A DISTANCE OF 46.13 FEET TO A CALCULATED POINT; 156)N 32°-09'-23"W, A DISTANCE OF 55.47 FEET TO A CALCULATED POINT; 157)N 53°-07'-42"W,A DISTANCE OF 50.60 FEET TO A CALCULATED POINT; 158)N 73°-28'-05"W, A DISTANCE OF 37.46 FEET TO A CALCULATED POINT; 159) N 05°-22'-20" E, A DISTANCE OF 38.69 FEET TO A FOUND #5 STEEL REBAR, THE SOUTHWEST CORNER OF LOT 1 PER THAT PLAT TITLED "BOUNDARY SURVEY FOR CATAWBA LANDS CONSERVANCY"RECORDED IN MAP BOOK 53,PAGE 747 (MCR) ; THENCE,WITH SAID LOT'S SOUTHERLY LINES,THE FOLLOWING TWO(2)COURSES: 1)N 71°-21'-10"E, A DISTANCE OF 138.97 FEET TO A FOUND#5 REBAR; 2) S 57°-29'-40" E, A DISTANCE OF 399.21 FEET TO A FOUND #5 REBAR, THE SOUTHWESTERLY CORNER OF LOT 1B PER THAT PLAT TITLED "BOUNDARY SURVEY FOR CATAWBA LANDS CONSERVANCY"RECORDED IN MAP BOOK 53,PAGE 747(MCR) THENCE, WITH SAID LOT'S SOUTHERLY LINE, S 57°-30'-13" E, A DISTANCE OF 632.77 FEET TO A FOUND#5 REBAR,THE MOST SOUTHERLY CORNER OF SAID LOT 1B, IN THE WESTERLY LINE OF THAT NW SOUTHEAST HOLDINGS, LLC TRACT DESCRIBED IN BOOK 27030,PAGE 157(MCR); THENCE, WITH SAID WESTERLY LINE, S 32°-29'-44" W, PASSING THROUGH A FOUND #5 REBAR AT 373.05 FEET AND CONTINUING ANOTHER 128.76 FEET FOR A TOTAL DISTANCE OF 501.81 TO A FOUND 7/8" PIPE, THE MOST NORTHERLY C-S PPAB 2024907v7 A a k CORNER OF THAT CLARIANT CORPORATION TRACT DESCRIBED IN BOOK 4677, PAGE 309(MCR); THENCE, WITH SAID CLARIANT TRACT'S WESTERLY LINE, S 32"-29'-30" W, PASSING A FOUND #5•REBAR AT 388.17 FEET AND CONTINUING ANOTHER 229,94 FEET FOR A TOTAL DISTANCE OF 618.11 FEET TO THE POINT OF BEGINNING AND CONTAINING 102.149 ACRES OR 4,449,614 SQUARE FEET OF LAND, MORE OR LESS, ALL ACCORDING TO THAT MAP TITLED "RECOMBINATION PLAT OF REVENTURE PARK INVESTMENT 1, LLC TRACTS 1,2,3 & 4 - LONG CREEK WASTE WATER TREATMENT PLANT" PREPARED BY THE SURVEY COMPANY, INC., DATED JUNE 15, 2012, SIGNED AND SEALED BY MICHAEL C. SAWHILL, NCPLS #L-3223, TO WHICH REFERENCE IS HEREBY MADE, In the event that the above metes and bounds legal description of Tract A encompasses property lying outside of the boundaries of Tract 3 and Tract 4 as shown on plat titled "Exempt Subdivision Map for Clariant Corporation"recorded in Map Book 52,Page 643 in the Office of the Mecklenburg County Register of Deeds (any such property lying outside the.boundaries of Tract 3 and Tract 4 is referred to as the "Excluded Property"), then the boundaries of Tract 3 and Tract 4 as shown on that plat shall control and the Excluded Property is not part of Tract A and will not be conveyed by Seller to Buyer. Tract B That approximately 56.718 acre tract ("Tract 2") designated as "Tract 2" on the plat ("ReVenture Plat") recorded in Plat Book 52, Page 643 in the Office of the Mecklenburg County Register of Deeds("Registry"); Tract C BEING A PORTION OF TRACT I PER THAT PLAT TITLED "EXEMPT -SUBDIVISION MAP FOR CLARIANT CORPORATION" RECORDED IN MAP BOOK -- 52, PAGE 643, MECKLENBURG COUNTY REGISTER OF DEEDS OFFICE AND BEING ALL OF THAT PROPOSED 22.385 ACRE TRACT C, AS SHOWN ON THAT MAP OF SURVEY TITLED "RECOMBINATION PLAT OF CLARIANT TRACTS 1,2,3 & 4 - LONG CREEK WASTE WATER TREATMENT PLANT" PREPARED BY THE SURVEY COMPANY, INC., DATED DECEMBER 09, 2010, LAST REVISED MARCH 25, 2011 AND SIGNED AND SEALED BY MICHAEL C. SAWHILL, NCPLS #L-3223, TO WHICH REFERENCE IS MADE. COMMENCING AT NCGS STATION "WHITE" HAVING NC GRID COORDINATES IN U.S. SURVEY FEET OF NORTH 564,987.70 AND EAST 1,411,954.61, WITH A COMBINED GRID FACTOR OF 0.99984387; THENCE, S 84°-17'-02" W, A HORIZONTAL GROUND DISTANCE OF 10,623.65 FEET TO A FOUND 1/2" PIPE, THE POINT OF BEGINNING; • C-6 PPAB 20249070 4 4 * I THENCE, S 54°-55'-00" E, PASSING A FOUND 3/4" WITNESS PIPE AT 1,142.69 FEET AND CONTINUING ANOTHER 50.27'FOR A TOTAL DISTANCE OF 1,192.96 FEET TO A CALCULATED POINT ON THE FERC/REGULATORY LINE; THENCE, WITH THE FERC/ REGULATORY LINE THE FOLLOWING TWELVE (12) COURSES AND DISTANCES: 1)N 30°-11'-29"E, A DISTANCE OF 106.20 FEET TO A CALCULATED POINT; 2)N 23°-43'-18"E, A DISTANCE OF 155.74 FEET TO A CALCULATED POINT; 3)N 30°-43'-09"E, A DISTANCE OF 103,78 FEET TO A CALCULATED POINT; 4)N 55°-37'-01"E, A DISTANCE OF 79.96 FEET TO A CALCULATED POINT; 5)N 23°-40'-39"E,A DISTANCE OF 86.58 FEET TO A CALCULATED POINT; 6)N 24°-2l'-14"E,A DISTANCE OF 93.12 FEET TO A CALCULATED POINT; 7)N 47°-23'-09"E, A DISTANCE OF 107.97 FEET TO A CALCULATED POINT; 8)N 55°-16'-05"E,A DISTANCE OF 87.55 FEET TO A CALCULATED POINT; 9)N 49°-02'-23"E,A DISTANCE OF 116.6 FEET TO A CALCULATED POINT; 10)N 58°-44'-18"E,A DISTANCE OF 105.83 FEET TO A CALCULATED POINT; 11)N 72°-49'-55" E,A DISTANCE OF 65.74 FEET TO A CALCULATED POINT; 12) N S2°-45'-29" E, A DISTANCE OF 53.83 FEET TO A CALCULATED POINT IN THE CENTER LINE OF LONG CREEK; THENCE,WITH THE CENTER LINE OF LONG CREEK THE FOLLOWING THREE (3) COURSES AND DISTANCES: I) N 52°-45'-29"E,A DISTANCE OF 3.57 A CALCULATED POINT; 2)N 26°-39'-11"E,A DISTANCE OF 86,27 A CALCULATED POINT; 3) N 18°-46'-52"E,A DISTANCE OF 86.43 A CALCULATED POINT; THENCE, DEPARTING LONG CREEK, N 84°-59'-0O" W, PASSING A SET #5 WITNESS REBAR WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY, INC.) AT 50.00 FEET AND CONTINUING ANOTHER 888.18 FEET FOR A TOTAL DISTANCE OF 938.18 FEET TO A SET#5 REBAR WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY, INC.; i THENCE, WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 100,00 FEET, AN ARC LENGTH OF 274.11 FEET AND A CHORD OF 196.00 C-7 PPAQ 2024907v7 1 � FEET BEARING N 86°-17'-34"W TO A SET#5 REBAR WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY,INC.); THENCE, S 57°-53'-48" W, A DISTANCE OF 222.93 FEET TO A SET #5 REBAR WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY, INC.); THENCE, S 5I°-2©'-54" W, A DISTANCE OF 334.69 FEET TO A SET #5 REBAR WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY, INC.); THENCE, N 86°-03'-36" W, A DISTANCE OF 166.39 FEET TO A SET #5 REBAR WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY,INC.); THENCE, WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, AN ARC LENGTH OF 52.55 FEET AND A CHORD OF 51.95 FEET BEARING S 78°-00'-38"W TO A SET#5 REBAR WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY, INC.); THENCE, S 56°-59'-49" W, A DISTANCE OF 56.58 FEET TO A SET #5 REBAR WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY,INC.); THENCE, S 46°-56'-41" E, A DISTANCE OF 75.61 FEET TO THE POINT OF BEGINNING AND CONTAINING 22.385 ACRES OR 975,112 SQUARE FEET OF LAND ALL ACCORDING TO THAT MAP TITLED "RECOMBINATION PLAT OF REVENTURE PARK INVESTMENT 1, LLC TRACTS 1,2,3 & 4 - LONG CREEK WASTE WATER TREATMENT PLANT" PREPARED BY THE SURVEY COMPANY, INC., DATED JUNE 15, 2012, SIGNED AND SEALED BY MICHAEL C. SAWHILL, NCPLS #L-3223, TO WHICH REFERENCE IS HEREBY MADE. In the event that the above metes and bounds legal description of Tract C encompasses property lying outside of the boundaries of Tract 1 as shown on plat titled "Exempt Subdivision Map for..Clariant Coiporation" recorded. in Map Book 52, Page 643 in the Office of the Mecklenburg County Register of Deeds (any such property lying outside the boundaries of Tract 1 is referred to as the "Excepted Property"), then the boundaries of Tract 1 as shown on that plat shall control and the Excepted Property is not part of Tract C and will not be conveyed by Seller to Buyer. • C-8 PPAB 2024907v7 � J EXHIBIT D ESCROW PROVISIONS 1, In performing any of its duties as Escrow Agent, and except for damages, losses or expenses arising out of the gross negligence or willful misconduct of Escrow Agent, Escrow Agent shall not incur any liability to anyone for any damages, losses or expenses, including (a) any action taken or omitted in good faith upon advice of its legal counsel given with respect to any questions relating to the duties and responsibilities of Escrow Agent under the Agreement; or (b) any action taken or omitted in good faith reliance upon any written notice or instruction provided for in the Agreement. Escrow Agent may rely upon any written notice or instruction provided for in the Agreement as being duly executed, valid and effective, and as containing accurate information and genuine signatures. 2. Notwithstanding anything in the Agreement to the contrary, in the event of a dispute between Seller and Buyer arising prior to or at the time of the delivery or other disposition of the Deposit by Escrow Agent pursuant to the Agreement, which dispute shall be sufficient, in the sole discretion of Escrow Agent, to justify its doing so, Escrow Agent shall be entitled to tender the Deposit into the registry or custody of any court of competent jurisdiction, together with such legal pleadings as it may deem appropriate, and thereupon Escrow Agent shall be discharged from all further duties and liabilities under the Agreement. Any such legal action may be brought in such court as Escrow Agent shall determine to have jurisdiction thereof, Escrow Agent's reasonable determination of whether a dispute exists between Seller and Buyer shall be binding and conclusive upon all parties hereto, notwithstanding any contention that no dispute exists. All costs and expenses incurred by Escrow Agent in taking any action pursuant to this paragraph shall be covered by and paid pursuant to the indemnification of Escrow Agent contained in the following paragraph. 3. Seller and Buyer shall and do hereby jointly and severally indemnify, defend and hold Escrow Agent harmless from, against and in respect of: (a) any and all demands,judgments, expenses, costs, losses, injuries or claims of any kind whatsoever whether existing on the date hereof or hereafter arising, incurred by Escrow Agent by reason of, from or in connection with the Agreement or any action taken or not taken by Escrow Agent under or in connection with the Agreement, except for any such demands,judgments, expenses, costs, losses, injuries or claims arising out of the gross negligence or willful misconduct of Escrow Agent; and (b)any and all counsel fees, expenses, disbursements of counsel, amounts of judgments, demands, assessments, costs, fines or penalties, and amounts paid in caimpromise or settlement, incurred or sustained by Escrow Agent by reason of, in connection with or as a result of any claim, demand, action,suit, investigation or proceeding (or any appeal thereof or relating thereto or other review thereof) incident to the matters covered by the immediately preceding clause(a). 4. If Escrow Agent shall notify Seller and Buyer of its desire to be relieved of any further duties and liabilities hereunder, then Rscrow Agent shall deliver the Deposit to a successor escrowee designated by Seller and Buyer. If Seller and Buyer shall fail to agree upon and designate a successor escrowee within two days after having been requested by Escrow Agent to do so, then Escrow Agent shall in its discretion designate the successor escrowee. The successor escrowee designated by Seller and Buyer or by Escrow Agent, as the case may be, D-1 PPA©2024907v7 1 shall be a bank or trust company having trust powers in good standing and located in Charlotte, North Carolina, and shall agree to be bound by all the terms and conditions of the Agreement. Immediately upon agreement by the successor escrowee to be bound by all the terms and conditions of this agreement, the original escrowee shall be relieved of any and all duties and liabilities under or in connection with the Agreement accruing after the date of the delivery of the Deposit to the successor escrowee; provided, however, that no successor escrowee shall assume any liability for the acts or omissions of its predecessor escrowee(s)under the Agreement. 5. The agency created in Escrow Agent hereby is coupled with an interest'of Seller and Buyer and shall.be binding upon and enforceable against the respective successors, legal representatives and assigns of Seller and Buyer. The escrow shall not be revoked or terminated by reason of the dissolution or liquidation of Seller or Buyer but shall continue to be binding upon and enforceable against the respective successors, legal representatives and assigns of Seller and Buyer in the manner provided in this Exhibit D. In the event of the dissolution or liquidation of Seller and Buyer, Escrow Agent may rely and act upon any notices permitted or required to be given hereunder from any person, firm, partnership or corporation believed by Escrow Agent in good faith to be the successor, legal representative or assign of such dissolved - or liquidated party. • j]f3 D-2 PPAR 2024907v7 y''( EXH1lD A E PURCHASE.E.PRICE Acres $/Acres Value Tract A Unencumbered 52.234 $50,000 $2,611,700 Conservation/Deed Restr 28.641 $12.SOO $358,013 Floodplain . 6.24 $25,000 $156,800 Watershed 0 $25,000 S. Duke EasementArea 15.034 $50,000 $751,70 of llr,.. Acres $/Acre Value Tract 8 Unencumbered 33,897 $58,000 $1,694,85r Conservation/Deed Restrict 22.628 $12,500 $282,850 Floodplain 0.073 $25,000 $1,825 Watershed 0.12 $25,000 $3,000 Acres $/Acre Value Tract C Unencumbered 11.727 $50,000 $586,350. Conservation/Deed Restrict 10.643 $12,500 $133,038 Floodplain 0.015 $25,000 $37 Watershed 0 $25,000 $0 mt;v +r .,rLF rxS:`• ..J.'^ t{yt,/�..iK. "C`�°-` ;-Kl�,+--''•��"Y?;;^;•,�'"��: ,'=`&",J"r a G. ,a,:y cr"? � ^,�.. ��rg'�"��-�.�.y».i^ � �"� -�� z1� -� �,v z .c s-5'a�+ �'-•k' *7 }: !t ,z.--...;�' ..sa::'.z,'..,,,.�''::...,.; ..-u«,..,_,�_.M.._..:.c"" ?::.. .a.�. --.. -' ...= '... i :,.�:,. ''�t^ b' l oa?, -`."��i2n�--:,'.���. . ,n. m"" i. al (See attached map on following page) B-I PPAB 2024 074 EXHIBIT F PERMITTED ENCUMBRANCES l. Ad valorem taxes for the year of Closing; 2. Matters that would be shown on a current and accurate survey of the Property; 3. All easements, covenants, restrictions and conditions of record, including,but not limited to,the following: (a) Long Creek East [Tracts 2 & 2b] Deed of Conservation Easement recorded in Book 26977,Page 618 in the Registry; (b) Long Creek West [Tracts 4 & 5] Deed of Conservation Easement recorded in Book 26977,Page 657 in the Registry; (c) Declaration of Covenants and Restrictions recorded in Book 26977, Page 678 in the Registry; (d) Trail and Parking Easement Agreement recorded in Book 26977, Page 639 in the Registry; (e) Access Easement Agreement recorded in Book 26977, Page 693 in the Registry; 4. All easements, restrictions and rights-of-way as may be apparent from an inspection of the Property; 5. All zoning, subdivision, land use and other laws, regulations or ordinances applicable to the Property; 6. Any matters arising out of Buyer's operations on the Property prior to Cl©sing; and 7. Notice of Brownfields Property recorded in Book , Page in the • Registry. • F-1 YYAB 20249O70 EXHIBIT G CLARIANT TRACT • That approximately 351.817 acre tractudesignated as "Tract 1" on the plat recorded in Plat Book 52, Page 643 in the Registry ("Tract I"),LESS AND EXCEPT that portion of Tract 1 depicted as"Tract C"on the Recombination Plat. • • G-1 PPAB 2ff24907v7 Y- EXHIBIT H (INTENTIONALLY DELETED) ' � x H-I PPAI32O249O7v7 l » 4 . XI11BIT I Access Road I'1 PPA320249070 .W',^._ ♦ ,:ai„u � .: a�. •.p r j e` '?,,',fi,,rt { f Ic{r ,.A,"fi' t r.._.4 5' }M NZ atC!..a345Er � +S ,, !e � }{ t i A aa ' ' elf. � .fr4 � r� p*i� � ir: �q��` i � 4 , a � ! r � '". rY EX IBIT I €.' br z , y 5 . .'; `}, 7 ,..:}: a �.� + �= rt . . TEMPORARY ACCESS , $ � „/'ii. , ? s r `^ EASEMENT AREA x ,' . _ x 4&f" r ^'„e'. 7t=.w t k , i 3""' t?`7:',' fr ict- ty,7'; -JrI' " i. '"h4 t ,. . 7 t ,..""-,4 e, 2 . ' +/k w a f t F` s t 4E b y "" t y1 '.,"+ 4 y1� r yi.�,� i x;'! `YY • J .c F L G'rl4" i�„" :!r_,5 r• 8#' E :. y k t i + ''`..' ' '" f t. 'r-'',may" 4 {art . ', t 4". ✓' r2 s t ,* `ir 7 '`.�'"rr^"`t 7 '`� *' xtIA ` *}'•�Gt - '} 'a "`•raj -, €f .€ �� P P ' 6 t^;' Y `�t - ! I t5� „'jx"'+� f ( - 'fit+ "h #t.} Wit, >��f j �gw'a,====== ° • z ' yz r€ { •, =;,,. `,- .r ,:-r 1 '•',a car �b !5` S Mw x + t 7 IA, . .1 �prk.:V . t A.y r R+R...."1„r It-.11+^, �,: s s,? x Q $$���`,,,. TA,�s* r,. ' r d' �� t i Yy' .l�..l `"' v.i� , , "" '' _ • �4tirX .t x:Q �k � # :it''''''', SJj x 4 S ' S fit,.tya t" rt - { y, ii 4 t S ,,�tt,, J{ r r j} fail ` y{q�" ; :.,.•` , 4 i Y 1 '"r .�^ rt r vF . �. " 3 $N S^ • " s {" 1 )y A '�• !.sS drib-,. .Y rt` p " ! �" R qi , , alp t ��{ 4, S+ t, c jx � 1 '� fit. 7 ,�' 1� a. .i f1, 'arF,;t,F .,.. + , , a f 't J .„v rr3 .. ;" xi '' fiee6,5.0 leggr) L,-; H.!'" ' '' .:- ,,' i - ;,. ° / ; , -,_ , aa f f (i cv, +6 7 .r,�h, . .' .,s v y rr v , ,- ,e. %., i ,"1,", it,,, ,--,,,, 1:::`,5, , , ''''.2...„,4 ' #'417.4 "I?\ LL , Jfs } #', ew, i:X, �•€ k ' � ' i. ' r4i.,, ft Jr4 f yc.�C 4`k ' - +"t'".t Av l",L"= lift 24 6• , .a# ,s t c€A i t # 'ri€ ., i •r q Qq � :M { Ir # 5' f J r .+ ,' u r �, r � nt -fr ,6 ., � } r �xt i x 4 C,' t aq,.. . ,_ t „,,, t:. , f i s '1 a h�-. 1 r 7- --M d '' VI,'# t •r, 5 '4 ark ",a " }t -C r, r t ,,,f ,�,ti't,A°,"'4.# !*,`' .,"' ,. x< ` t t eal ., lJ is * t •-f"`i• `.. . � t +� t t, - r •~ r y FT 4 i," ', xt':. ya ' - ' 4�r ibtt _ al;' � ' ^3" ,f� ,,>� .. .. !{ J ' rt 9 f , T r, i r cTI 4. x•tr ! F a x r # t r c airt°Jft ei 1t F.;r * 1 ira S f i > ' r #" f S ' fir . x y` t K. § 5 . rr it �' :�'', 4 t � { $"•� i "�� t� t j!} ' 4f * �i # �'J.F#`t \x`t'� r '! d }•r r! S y YYY 5 q, ( t/"l�3 {! '�*�[y',4t� ; t! !. rl k Z � (* ,,. Y = � ,�'^�,t. - .7'-; 4t "f t€ `; 'i '4 s'41"y r. x r"i r' #t('` i ^y ,'a" i�, "+y; 7''i #t.'wi9,w.-iai ?"aa+h"'.„! ' ..F d' " y' ..t�',,x:, t, , , . . . . , .. , - , - 1 , ' ' - ' ' ' . .• - - , , .. . . . , , , , , , , . , , - -, , , , , , „ , - „ . , . , , , , , , . , , ' . , . , ..- , • , „ . ,, . . . , , . , , .„ , , ' „,, . . , . , , .. . , , . . .,,..., , , . . „ , . . . , . .. , , , , . . , . . . . , „ , ., , , . ... , , . , . , , . . . , , ,, , , - ,. . , , , . , . . , , . , . . . , . ,• . , ... .. , . , . , , , „ , . . , , ,, , , . . . . , - " , . . . . . „ , . ,, , , . , , „ . , . . , .. . , . , , . ..„ , . , - , , . .. . , . , , .. , , „ , , ., , „ , , , , , „ , ,. , . .. . , • EXHIBIT j Temporary Access Easement Agreement TEMPORARY ACCESS EASEMENT AGREEMENT THIS TEMPORARY ACCESS EASEMENT AGREEMENT ("Agreement") is entered into , 20 by CLARIANT CORPORATION, New York corporation("Clariant"), and the CITY OF CHARLOTTE,a municipal corporation("City"). A. Clariant owns the real property located in Mecklenburg County, North Carolina, designated as "Tract 1" ("Tract 1") on the plat recorded in Map Book 52, Page 643 in the Mecklenburg County Public Registry ("Registry"), less and except that portion of Tract 1 depicted as "Tract C" on Plat ("Plat") recorded in Map Book Page_ _ in the Registry ("Clariant Property"). B. City owns the real property located in Mecklenburg County, North Carolina, - -designated as"Tract A", "Tract B"and"Tract C"on the Plat("City Property"). C. City intends to construct a bridge over Long Creek that will connect Tract A with Tract B and Tract C("Bridge"). D. Clariant has agreed to grant for the benefit of City a temporary access easement over and across the portion of Clariant Property designated as "Access Road" on Exhibit A ("Access Easement Area"). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Clariant and City agree as follows: 1. Grant of Easement. Clariant grants for the benefit of City a non- exclusive temporary easement ("Access Easement") over and across the Access Easement Area for pedestrian and vehicular ingress, egress 'and regress as reasonably necessary for the sole purpose of mobilizing equipment and materials necessary for the construction of the Bridge. The Access Easement is granted subject to all conditions, covenants, restrictions,easements and other matters of record, to any matters that would appear on a current and accurate survey of the Access Easement Area and to all subdivision ordinances,zoning ordinances, land use regulations and other laws, regulations or ordinances applicable to the Access Easement Area, The Access Easement shall terminate on the earlier of: (i) the date on which the Bridge is substantially complete such that vehicles can cross the Bridge; and (ii)January 1, 2018, 2. Terms of Easement. (a) Use of Access Easement. The intersection of the Access Easement Area and Highway 27 shall be used by the City as an entrance onto the Access Easement Area and shall not be used by the City as an.exit from the Access Easement Area onto Highway.27. The intersection of the Access Easement Area and Belmeade Drive shall be used by the City as an exit from the Access Easement Area onto Belmeade Drive and may not be used by the City as J-1 ?PAH 20249070 an entrance to the Access Easement Area. The Access Easement Area may be used solely for access to City Property for the purpose of mobilizing equipment and materials necessary for the construction of the Bridge, Accordingly, the Access Easement Area may not be used by City in connection with the construction of any wastewater treatment facilities, or any other structures or facilities, on the City Property except as set forth in the preceding sentence. To the maximum extent reasonably possible in connection with the mobilization of equipment and materials necessary for the construction of the Bridge, City shall access the area of the Bridge from Tract A. City shall limit its use of the Access Easement Area to occasions when the mobilization of equipment and materials can not be accomplished through Tract A. In no event shall the Access Easement Area be used for the removal of dirt or debris from the area of the Bridge(and all such dirt and debris shall be removed through Tract A). Except in connection with the mobilization of equipment and materials necessary for the construction of the Bridge, contractors and others working on the Bridge shall access the area of the Bridge through Tract A. (b) No Obligation to Maintain. Clariant shall have no obligation to maintain,repair or replace the road located in the Access Easement Area ("Road"), or any other portion of the Access Easement Area. (c) Damage. If City or any of its agents, invitees, contractors, employees or representatives, damages the Access Easement Area or the Road, then, within thirty (30) days after demand therefor, the costs of repairing any such damage shall be paid by City to Clariant or the City shall make the necessary repairs to restore the road. (d) Relocation. Clariant may relocate, at its sole cost, the Access Easement Area upon prior written notice to City. If Clariant elects to.relocate the Access Easement Area, then Clariant shall construct at least a dirt road (consistent with the condition of the dirt road then existing within the Easement Area) within the new easement area. Upon the completion of that road and, at the sole cost of Clariant, an instrument specifying the location©f the new easement area shall be recorded in the Registry, and the Access Easement shall no longer burden the portion of the Access Easement Area from which the Road was relocated, but shall,burden the new easement area. Upon the recording of such instruments-the new easement area shall constitute part of the Access Easement Area. (e) Continued Use of Easement Areas. Clariant shall have the right to use the"Access Easement Area, including the frill use of the Road, in any manner which will not prevent or unreasonably interfere with the use of the Road or the exercise of the easement rights under this Agreement. Any damage to the Road as a result of the use by Clariant will not be the responsibility of the City. 3. Easement Appurtenant. The Access Easement shall burden, and run with title to, the Access Easement Area and benefit, be appurtenant to and run with title to, the City Property. 4. Covenant Against Liens. City shall promptly pay and discharge an or before the due date any claim or obligation for labor or materials furnished at the direction of City which,if not paid or discharged,would result in a lien on the Property. 3-2 PPAB 2024407v7 ' • 5. Release; Indemnification. (a) City acknowledges that the exercise of the rights granted to City under this Agreement involves risks, including death,personal injury, property loss and property damage, and City hereby agrees to accept and assume all risks. City shall not hold Clariant, its directors, officers, shareholders, agents, employees, affiliates, successors and assigns (collectively, "Clariant Related Parties"), liable for any loss, injury or damage which may occur to City or its property, and City hereby releases and discharges Clariant and the Clariant Related Parties from (and covenants not to sue Clariant and the Clariant Related Parties for) any such loss, injury or damage or any claims related thereto. (b) City shall indemnify, defend (with counsel acceptable to Clariant) and hold harmless Clariant and the Clariant Refitted Parties from and against all liens, claims of lien, losses, fines, penalties, liabilities, claims, demands, causes of action, costs and expenses (including reasonable attorneys' and consultants' fees) arising in any manner, directly or indirectly,out of or by reason of: (i) the activities of and/or presence of City, its agents, invitees, contractors, employees or representatives upon or about the Clariant Property; and (ii) City's or its agents, invitees, contractors,,employees or representatives breach of any of representations, warranties or obligations under this Agreement. 6. Insurance. City shall maintain Commercial General Liability Insurance against claims for personal injury or death and property damage in an amount of not less than $2,000,000.00 per occurrence and aggregate limits of not less than $5,000,000.00, commercial auto liability insurance and such workers' compensation/employer's liability insurance as required by law. If City enters into any agreements that necessitate access to the Property by City's contractors, then such agreements shall require that City's contractors maintain Commercial General Liability Insurance in the above amounts, commercial auto liability insurance and workers' compensation/employer's liability insurance. All liability policies required by this Section 6 shall: (a)be issued by insurers that are authorized to issue the applicable insurance in the state where the Property is located and are reasonably acceptable to Clariant; (b)name Clariant as an additional insured; (c)contain a provision by which the insurer will give Clariant at Ieast 30 days prior written notice before making any material change in the nature or extent of the coverage provided under such policies and/or canceling or terminating such policies; and (d) contain a provision by which City's policies are primary to and non- contributory with any coverage that Clariant may have in effect. Prior to exercising any rights under this Agreement, City shall provide Clariant with evidence satisfactory to Clariant of the policies required by this Section 6. Notwithstanding the foregoing, City may provide the • required insurance and proof of such insurance under a qualified self-funded insurance program in accordance with the terms and provisions of the letter to be provided by City. North Carolina law prohibits the naming of additional insureds under self-funded programs. 7. Governing Law. This Agreement shall be governed by North Carolina law. S. Binding Effect. This Agreement shall be binding upon and inure to the • benefit of the parties hereto and their respective successors and assigns. J-3 PPAF3 2024907v7 i � 9. Interpretation. Except as otherwise specified in this Agreement: (a) "includes" and "including"mean includes or including by way of illustration and not by way of limitation; (b) "may" is permissive; (c) references to Exhibits, Sections or subsections are to those attached to or included in this Agreement, and all Exhibits are incorporated into this Agreement; and (d) the section and other headings in this Agreement are for convenience only and do not limit or expand any provisions of this Agreement. 10. Severability. If any provision of this Agreement is held to be invalid or unenforceable, then such provision will be fully severable from this Agreement; and the remaining provisions of this Agreement will remain in full force and effect and will not be affected thereby. Furthermore, in lieu of such invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a valid and enforceable provision as similar in terms to such invalid or unenforceable provision as may be reasonably possible. 11. Notice. Any notice contemplated by this Agreement must be in writing, f . addressed as set forth in the records maintained by the Mecklenburg County Tax Assessor's Office and shall be either (a) sent by United States Mail, postage prepaid, registered or certified mail,return receipt requested,in which case-the notice will be deemed delivered two(2)business days after being deposited in the United States mail; (b) sent by overnight delivery using a nationally recognized overnight courier, in which case the notice shall be deemed delivered one • (1) business day after deposit with such courier; (c) sent by facsimile, in which case the notice shall be deemed delivered upon confirmed transmission of such notice; provided that no later than the next business day after the facsimile is sent, a hard copy of the facsimile transmission is also sent in the manner set forth in (a), (b) or (d) of this subsection; or (d) sent by personal delivery,in which case the notice will be deemed delivered on the date of delivery. 12. Survival. The terms of Sections 2(c), 4, 5, 7-10, and 11-13 shall survive the expiration or earlier termination of this Agreement. 13. Amendment. No provision of this Agreement may be amended without the prior written consent of Clariant and City. _ TO HAVE AND TO HOLD the Access Easement granted herein, together with all privileges and appurtenances thereunto belonging, for the use and purposes aforesaid unto the parties hereto, their successors and assigns,for the term specified in this Agreement. [SIGNATURE PAGES FOLLOW] • J-4 PJ'AR 2O 49O7v7 a , • IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first above written. CLARIANT CORPORATION, a New York corporation By: Name: Its: STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG , a Notary Public of County and State of North Carolina, do hereby certify that ("Signatory"), personally came before me this day and acknowledged that• he is of CLAPIANT CORPORATION, a New York coip©ration, and that he, as , being authorized to do so, executed the foregoing instrument on behalf of the corporation. I certify that the Signatory personally appeared before me this day, and (check one of the following) . (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the.Signatory's identity, by a current `state or federal identifcati©n with the Signatory's photograph in the form of. (check one of the following) - a driver's license.or in the form of ); or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that he voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. Witness my hand and official stamp or seal this day of ,2013. Notary Public Print Name: [Note: Notary Public must sign exactly as on notwyseal] My Commission Expires: [NOTARY SEAL](MUST BE FULLY LEGIBLE) J-5 . PPAB 20249070 • CITY OF CHARLOTTE, a municipal corporation By: • Name: Title: STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I, , a Notary Public of_ County and o- State of North Carolina, do hereby certify that ("Signatory"), personally came before me- this day and acknowledged that he/she is of CITY OF CHARLOTTE, a municipal corporation, and that he, as , being authorized to do so, executed the foregoing instrument on behalf of the municipal corporation. I certify that the Signatory personally appeared before me this day, and (check one of the following) ._ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) a driver's license or in the form of - }; or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that he voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. Witness my hand and official stamp or seal this day of , 2013. Notary Public Print Name: [Note: Notary Public must sign exactly as on notary seal] • My Commission Expires: • [NOTARY SEAL] (MUST BE FULLY LEGIBLE) • J-6 PPAB 202d907v7 EXHIBIT A to Temporary Access Easement Agreement ACCESS EASEMENT AREA (Temporary) J-7 PPA B 2024907v7 Mem randu of Agreem nt Between City of Belmont and City of Charlotte through Charlotte-Mecklenburg Utilities The City of Belmont(Belmont) and the City of Charlotte (acting through Charlotte- Mecklenburg Utilities) (Charlotte) each provide wastewater collection and treatment services to their customers and residents. Belmont has been notified by the N.C. Department of Environment and Natural Resources (DENR) that substantial improvements will soon be required to the existing Belmont wastewater treatment plant. Belmont has considered a number of alternatives as to how they may best achieve the objectives of the new requirements, including decommissioning their existing wastewater treatment plant and contracting with other wastewater utilities to provide on-going services to their residents. In light of those considerations,Belmont wishes to enter into an agreement with Charlotte to participate in a regional wastewater treatment program. The elements of the proposed regional treatment program would consist of: ® Portions of wastewater from Belmont would be treated at Cramerton's existing wastewater plant(per existing agreements) and at Charlotte's existing plant(s) ® To create capacity to accommodate Belmont's flows in the Charlotte wastewater system, Charlotte proposes to construct a new, advanced wastewater treatment plant near Long Creek in Mecklenburg County • The new plant at Long Creek is proposed to treat wastewater that is currently treated at Charlotte's Irwin Creek andlor McAlpine Creek wastewater plants, thereby creating capacity for flows from Belmont in Charlotte's Irwin Creek andlor McAlpine Creek plants ® The regional wastewater treatment program will provide additional environmental protection by providing advanced treatment for Belmont's wastewater while satisfying nutrient TMDL allocation goals for Lake Wylie This Memorandum of Agreement authorizes Belmont and Charlotte to continue negotiations leading to implementation of this regional wastewater treatment program and confirms each party's commitment to negotiate in good faith. This memorandum of agreement will be the basis of a formal interlocal agreement (Agreement)to be developed jointly by the parties. Implementation will include the following steps and actions: I. Charlotte will work with DENR to obtain environmental approvals for the project(s) at Charlotte's expense 2. Belmont agrees to transfer NPDES wasteload allocations specified in the Lake Wylie TMDL to Charlotte through a mutually agreed upon process and to decommission their existing treatment plant upon completion of the necessary infrastructure required to convey those flows to Charlotte 3. Decommissioning and abandonment of the Belmont treatment plant will be at Belmont's expense 4. Belmont will construct, own, and operate flow equalization and pumping station systems in Belmont at Belmont's expense that will transfer wastewater to Charlotte's Paw Creek basin/lift station 5. Charlotte will construct, own, and operate a force main from the Belmont pumping station to the Charlotte wastewater system at Charlotte's expense 6. Charlotte will treat up to 2 mgd of wastewater (measured as the average daily flow in the maximum month of each year)from Belmont at one or more of the Charlotte treatment plants at no capital cost to Belmont 7. Belmont will pay Charlotte for treatment services for the first 2 mgd based on the actual average cost per 1,000 gallons treated of operations and maintenance at Charlotte's wastewater treatment plants. 8. Upon proper notice, Belmont may increase the amount of treatment capacity it is allowed to use in Charlotte's system from 2 mgd up to 5 mgd by doing either of the following: a. Paying Charlotte a negotiated rate per 1,000 gallons for wastewater treatment in excess of 2 mgd, said negotiated rate to be based on O&M costs plus a reasonable amount to cover Charlotte's capital cost; or, b. Participating proportionally in the capital cost of existing,new, or expanded treatment capacity and paying a treatment rate as described in item 7 (above). 9. Future expansion of capacity in Charlotte's system available to Belmont beyond the initial capacity may be initiated by either Belmont or Charlotte individually, or may be initiated jointly by both parties. 10.Based on state and federal regulations, Belmont and Charlotte agree that regulation of discharges to the sewer system are necessary and will be provided through sewer use ordinances adopted and enforced separately by both parties. 11.Based on design criteria, state, and federal regulations, Belmont and Charlotte agree to limit industrial waste discharges to appropriate standards. 12.Belmont will be solely responsible for regulating industrial discharges originating within their collection system or within collection systems that discharge into Belmont's collection system according to terms and conditions to be included in the Agreement. 13.Charlotte will be solely responsible for regulating industrial discharges originating within their collection system or within collection systems that discharge into Charlotte-Mecklenburg Utilities' collection system according to terms and conditions to be included in the Agreement. 14.Charlotte will provide periodic reports to Belmont about wastewater system performance and compliance, operating costs, and anticipated future capital costs (if any). 15.Belmont will provide periodic and timely reports to Charlotte about Belmont's collection system expansion, any collection system performance issues that could impact Charlotte's system, significant changes related to industrial discharges, and any other information that is relevant to the quantity or characteristics of the wastewater discharged by Belmont 16.Belmont and Charlotte agree that other terms and conditions should be included in the Agreement and may agree during continued negotiations that the Agreement should provide terms and conditions different from those proposed within this MOA. Approved by: arir R_( City of mont City of Charlotte Memorandum of Agreement Between City of Mount Holly and City of Charlotte Through Charlotte-Mecklenburg Utilities January 14, 2013. The City of Mount Holly ("Mount Holly") and the City of Charlotte (acting through Charlotte7Mecklenburg Utilities) ("Charlotte") each provide wastewater collection and treatment services to their customers and residents, and both cities forecast the need for additional wastewater treatment capacity. Mount Holly has been notified by the N.C. Department of Environment and Natural Resources (DENR) that substantial improvements will soon be required to the existing Mount Holly wastewater treatment ° ' plant. , A high-level feasibility study in 2006 compared six alternative ways that Mount Holly and Charlotte could meet their additional capacity needs individually or jointly. The study concluded that construction of a regional treatment plant provided the most environmental and economic benefit. Subsequent to the 2006 Feasibility Study, Mount Holly and Charlotte continued joint and separate consideration'of a number of alternatives as to how to best achieve the new requirements and provide the needed increase in capacity. Those considerations included, expanding and upgrading Mount Holly's existing wastewater treatment plant, decommissioning Mount Holly's existing wastewater treatment plant to facilitate a regional wastewater treatment approach involving Charlotte and/or Gastonia, and broadening a regional approach by including the City of Belmont and/or an existing industrial wastewater treatment plant in the planning process. In light of those considerations and the need to continue more detailed planning, Mount Holly and- Charlotte seek to enter into an agreement to participate in a regional.wastewater treatment program. The elements of the proposed regional treatment program would consist of: • Wastewater from Mount Holly would be pumped to Charlotte via a new pump station and force main across the Catawba River/Lake Wylie. • Charlotte proposes to construct a new, advanced regional wastewater treatment :plant near Long Creek in Mecklenburg County that would treat wastewater from the region. • Charlotte proposes to replace the existing 4 mgd Mount Holly wastewater treatment plant with 4 mgd of upgraded capacity in the new Long Creek plant in exchange for the nutrient discharge allocation into Lake Wylie currently assigned to Mount Holly. • The new plant,at Long Creek is anticipated to be connected to other existing wastewater treatment plants in Mecklenburg County whereby additional and/or reserve capacity could be provided. • Charlotte proposes to acquire phosphorus and nitrogen allocations from the City of Belmont and from the existing Clariant!ReVenture industrial wastewater treatment plant which can be used to facilitate overall achievement of TMDL goals for Lake Wylie. • The regional wastewater treatment program will provide additional environmental ,protection by providing advanced treatment for Mount Holly's wastewater, . 'satisfying nutrient TMDL allocation goals for Lake Wylie, reducing the''risk of sewer overflows by reducing the need to transport wastewater long distances, and providing other benefits from a regional system. This Memorandum of Agreement (MOA) authorizes Mount Holly and Charlotte staff to continue negotiations and work leading to implementation of this regional wastewater treatment program and confirms each party's commitment to negotiate in good faith. This MOA will be the basis of a formal interlocal agreement ("Agreement") to be developed jointly by the parties. • Implementation will include the following.steps and actions: 1. Charlotte will work with DENR to obtain environmental approvals for the project(s) at Charlotte's expense. Mount Holly agrees to provide information and support in this effort as needed.. 2. Mount Holly agrees to transfer NPDES wasteload allocations specified in the Lake Wylie TMDL to Charlotte through‘a mutually agreed upon process and to' decommission their existing treatment plant upon completion,of the necessary infrastructure required to convey those flows to Charlotte. 3. Decommissioning and abandonment of the Mount Holly treatment plant will be at Mount Holly's expense. 4. Mount Holly will pay, at its expense of up to a maximum of$14 million (based on actual costs), for a pumping station, force main, and flow equalization facility to transfer flow to Charlotte at or near the site of Mount Holly's existing wastewater treatment. Mount Holly will provide the land required for this, facility, the cost or value of which is not included in the $14 million ceiling. a. The pumping station, force main, and flow equalization facility are expected to be owned, operated, and financed by Charlotte as set forth in the Agreement and will be designed according to design and performance - criteria agreed upon by both Charlotte and Mount Holly. - b. Should the actual cost exceed $14M, Charlotte and Mount Holly agree to review the scope and design Of the facility to attempt to reduce the cost. If the cost.still exceeds $14M,'Charlotte may elect to pay the overage or to withdraw from the Agreement. c. Mount Holly's payment to Charlotte for the pumping station, force main, and flow equalization costs will be based on an amount equal to the annual debt service of the actual construction amount (amortized over-a 3©.year period) and payments will begin upon completion of the construction of those facilities. This debt service payment will be in addition to other costs described in this MOA. d. Alternatively, Mount Holly may elect to reimburse Charlotte via lump sum payment for the actual cost instead of relying on Charlotte financing. e. All financing and payment arrangements are subject to approval by bond counsel and the NC Local Government Commission as necessary. f. Mount Holly and Charlotte agree that construction of the pumping station, force main, and flow equalization facility may precede the construction of the proposed wastewater treatment plant. In that case, Mount Holly may continue to operate its existing wastewater treatment plant up to its permitted and reasonable capacity and to send additional flows to the Charlotte system generally per the other terms of this M©A and per the terms of the Agreement and subject to all required regulatory approvals. 5. Mount Holly will pay Charlotte for the actual operating and maintenance costs of the'proposed pump station, flow equalization facility, and force main. Ownership and operation of these facilities remains open for consideration and will be determined in the Agreement. 6. Charlotte will allocate 4 mgd of wastewater treatment capacity (measured as the average daily flow in each billing period, said billing periods anticipated to be. monthly) from Mount Holly at one or more of the,Charlotte treatment plants at no capital cost to Mount Holly in exchange for the nutrient allocation currently_held by Mount Holly in the existing TMDL (50 lb/day total phosphorous and 300 lb/day total nitrogen). 7. Mount Holly will pay Charlotte for treatment services for up to 4 mgd based on the actual flow received each month at a treatment fee rate based on the average cost per 1,000 gallons treated of operations and maintenance at all of Charlotte's - wastewater treatment plants: This fee is subject to re-calculation by.Charlotte for each fiscal year: 8. Charlotte will allocate 1 mgd of wastewater planning capacity to Mount Holly to allow Mount Holly to plan and permit growth of their customer base. This planning capacity is in addition to the 4 mgd of wastewater treatment capacity described in Paragraph 6. Mount Holly will be required to increase its treatment capacity pursuant to Paragraph 9 when Mount Holly's wastewater discharge frequently or consistently exceeds it 4 mgd wastewater capacity. Specific triggers that would require such an increase will be defined in the Agreement. 9: Upon-proper notice and subject to issuance of all required permits and authorizations, Mount Holly may increase the amount of treatment capacity it is allowed to use in Charlotte's system from 4 mgd up to 6 mgd by doing either of the following: a. Paying Charlotte a negotiated rate per 1,000 gallons for wastewater treatment in excess of 4 mgd, said negotiated rate to be based on O&M costs plus a reasonable amount to cover Charlotte's capital costs; or, b. Participating proportionally in the capital cost of existing, new, or expanded treatment capacity and paying a.treatment rate as described in item 7 (above). Mount Holly may increase its purchased allocation from 4 mgd up to 6 mgd in single or multiple increments of 500,000 gal/day. If Mount Holly chooses to,increase its purchased_allocation prior to January 1, 2025, the cost of each increment will be based proportionally on the actual cost to design and construct the initial phase of the Long Creek wastewater treatment plant. iii. After January 1, 2025, the cost of each increment will be based on. the actual cost (or agreed upon estimate if no construction is ( required at that time) cost to design and construct an expansion of the Long Creek wastewater treatment plant. 10, Future expansion of treatment or planning capacity in Charlotte's system .available to Mount Holly beyond the initial capacities may be initiated and implemented by either Mount Holly or,Charlotte individually, or may be initiated and implemented jointly by both parties. Future expansions are subject to issuance of all required permits and authorizations. 11. Based on state and federal regulations, Mount Holly and Charlotte agree that regulation of discharges to the sewer system are necessary and will be provided through sewer use ordinances adopted and enforced separately by both parties. 12. Based on design criteria, state, and federal regulations, Mount Holly and Charlotte agree to limit industrial waste discharges to appropriate standards. 13. Mount Holly will be solely responsible for regulating industrial discharges into Mount Holly's collection system according to terms and conditions to be ' . included in the Agreement. 14. Charlotte will be solely responsible for regulating industrial discharges into Charlotte-Mecklenburg Utilities' collection system according to terms and conditions to be included in the Agreement. 15. Charlotte will provide periodic reports to-Mount Holly about wastewater system performance and compliance,operating costs,-and anticipated future capital costs (if any). 16. Mount Holly will provide periodic and timely reports to Charlotte about Mount Holly's collection system expansion, any collection system performance issues that could impact Charlotte's system, significant changes related to industrial discharges, and any other information that is relevant to the quantity or characteristics of the wastewater discharged by Mount Holly. 17. Tf Charlotte acquires the phosphorus and nitrogen loading allocations from the City of Belmont and/or Clariant/ReVenture's existing industrial wastewater treatment plant(s) Charlotte agrees to allow Mount Holly to use these allocations to comply with NPDES permit requirements until the proposed Long Creek WWTP is completed; subject to NC DENR approval. 18. In the event Long Creek WWTP is not constructed due to findings of the Environmental Impact Statement or other unforeseen circumstances, Mount S Holly agrees to purchase phosphorus and nitrogen allocations from Charlotte. The purchase price will be the same amount Charlotte paid to Clariant/ReVenture and to Belmont to acquire these allocations. Mount Holly and Charlotte agree that it may be necessary to develop a separate agreement to enact this provision, and if so, agree to-cooperate in a timely manner to obtain necessary approvals. • 19. Charlotte and Mount Holly will cooperatively work with NC DENR to obtain NPDES permit modifications to ensure nutrient allocations can be used, applied and/or transferred as described in this MOA. 20. Mount.Holly and Charlotte agree that other terms and conditions should be included in the Agreement and may agree during continued negotiations that the Agreement should provide terms and conditions different from those proposed within this MOA. 21. Notwithstanding any provision.herein to the contrary this MOA is not intended to be a contract, and the Elements setforth in this MOA are subject to continued additions, revisions, and modifications, without prejudice to either Party, as the Parties continue negotiations toward an Interlocal Agreement. - Approved by: I City Man ger Cap�/ City Manager Cityof oun oll '- 1. City of Charlotte Permit Modification Language for Nutrient Allocation Clariant's Current Permit The reduction in Clariant's nutrient mass limitations reflect a 90%nutrient allocation transfer of 287 pounds/day Total Nitrogen and 36 pounds/day Total Phosphorus to the City of Charlotte's proposed Regional WWTP. The allocation transfer and subsequent reduction in Clariant's nutrient mass limitations will become effective upon the Division's receipt of both(a) an Engineer's Certificate of Construction Completion for the Charlotte Regional WWTP, and (b) written notification from Clariant authorizing such nutrient transfer. Clariant's reduced mass nutrient limitations are based on a 12- month rolling average (refer to Section A.(4)). Clariant's Proposed Permit The reductions in Clariant's nutrient mass limitations reflect a 90%nutrient allocation transfer of 287 pounds/day Total Nitrogen and 36 pounds/day Total Phosphorus to the City of Mt. Holly and the City of Belmont in the following amounts: City of Mt. Holly: 223 pounds/day of Total Nitrogen and 36 pounds/day of Total Phosphorous City of Belmont: 64 pounds/day of Total Nitrogen and 0 pounds/day of Total Phosphorous The allocation transfer and subsequent reduction in Clariant's nutrient mass limitations will become effective upon the NC Division of Water Quality's receipt of written notification from Clariant authorizing such nutrient transfer. Clariant's reduced mass nutrient limitations are based on a 12- month rolling average (refer to Section A.(4)). Belmont Proposed Permit The daily limits for Total Nitrogen and Total Phosphorous set forth in this Permit include the transfer of 64 pounds/day of Total Nitrogen and 0 pounds/day of Total Phosphorous from the permit held by Clariant Corporation. This transfer reflects the terms of an agreement between Clariant and the City of Charlotte to reduce and transfer a total of 287 pounds/day Total Nitrogen and 36 pounds/day Total Phosphorus from the Clariant permit in anticipation of the construction and operation of the Charlotte Regional WWTP, as described in Clariant's permit. Notwithstanding the limits set forth in this Permit, Belmont agrees to maintain its discharge such that the total allocation of nitrogen and phosphorus prescribed by the TMDL for Belmont and Mt Holly, including the allocation previously permitted to Clariant to Lake Wylie, is met. Upon receipt of both(a) an Engineer's Certificate of Construction Completion for the Belmont Wastewater Transfer Lifistation, and (b) written notification from Belmont,the entire Total Nitrogen and Total Phosphorus allocation within this permit shall be transferred to the Charlotte Regional WWTF permit (414 pounds/day Total Nitrogen and 58 pounds/day Total Phosphorus). It is understood that as condition of this nutrient transfer Belmont will transfer all wastewater flows currently treated under this permit to Charlotte Mecklenburg Utilities for treatment as described in the Record of Decision for the Long Creek Regional Wastewater Treatment Plant Environmental Impact Statement and will cease operation of the facility subject to this permit. In the event the Charlotte Regional WWTP is not constructed or cannot be constructed, the nutrient allocations described above and the allocation placed in the Mt Holly permit (223 lbs/day of Total Nitrogen and 36 lbs/day of Total Phosphorus) from.the Clariant permit will become a permanent allocation to this permit once Belmont has reimbursed Charlotte for the Nutrient Allocation as described in the Memorandum of Agreement and/or Interlocal Agreement and provided proof of such reimbursement to NC Division of Water Quality. Mount Holly Proposed Permit The daily limits for Total Nitrogen and Total.Phosphorous set forth in this Permit include the transfer of 223 pounds/day of Total Nitrogen and 36 pounds/day of Total Phosphorous from the permit held by Clariant Corporation. This transfer reflects the terms of an agreement between Clariant and the City of Charlotte to reduce and transfer a total of 287 pounds/day Total Nitrogen and 36 pounds/day Total Phosphorus from the Clariant permit in anticipation of the construction and operation of the Charlotte Regional WWTP, as described in Clariant's permit. Notwithstanding the limits set forth in this Permit, Mt. Holly agrees to maintain its discharge such that the total allocation of nitrogen and phosphorus prescribed by the TMDL for Belmont and Mt Holly, including the allocation previously permitted to Clariant to Lake Wylie, is met. Upon receipt of both (a) an Engineer's Certificate of Construction Completion for the Charlotte Regional WWTP, and (b) written notification from Mt Holly, the entire Total Nitrogen and Total Phosphorus allocation within this permit shall be transferred to the Charlotte Regional WWTP permit (523 pounds/day Total Nitrogen and 86 pounds/day Total Phosphorus). It is understood that as condition of this nutrient transfer Mt Holly will transfer all wastewater flows currently treated under this permit to Charlotte Mecklenburg Utilities for treatment as described in the Record of Decision for the Long Creek Regional Wastewater Treatment Plant Environmental Impact Statement and will cease operation of the facility subject to this permit. In the event the Charlotte Regional WWTP is not constructed or cannot be constructed, the nutrient allocations described above will become a permanent allocation to the Belmont permit once Belmont has reimbursed Charlotte for the Nutrient Allocation as described in the Memorandum of Agreement and/or Interlocal Agreement and provided proof of such reimbursement to NC Division of Water Quality. STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG CONTRACT THIS CONTRACT is made and entered into this day of 7Y?o ,20 13 by and between the City of Belmont,North Carolina("Belmont")and the City of Charlotte,North Carolina ("Charlotte"). STATEMENT OF PURPOSE Whereas,Charlotte(acting through the Charlotte-Mecklenburg Utility Department-"CIVIUD")intend s to purchase the Nutrient Allocation(36 lbs of phosphorus (P)and 286.65 lbs of nitrogen;(N))within the NPDES permit for the Clariant Wastewater Treatment Plant. This amount equates to 90©/0 of the total Clariant Nutrient Allocation. AND Whereas, if the Long Creek'Regional Wastewater Treatment Plant is not constructed, Charlotte desires to sell,and Belmont.desires to purchase the 90%©NutrientAllocati°on at the negotiated price of $5,850,000,as outlined in the terms and conditions in the Agreement, AND Whereas, Charlotte and Belmont have entered into a Memorandum of Agreement(MOA),`dated. August 22, 2011,which outlines the conceptual agreement between Charlotte and Belmont regarding the scope, schedule, and financial obligations for each party for the treatment of Belmont wastewater at existing or future CIVIUD plants, NOW,THEREFORE,in consideration of the premises herein set forth, Charlotte and Belmont agree on the following: 1. Subsequent to Charlotte's purchase of Clariant's Nutrient Allocation, in the event that Charlotte is not able to acquire a NPDES permit for;the proposed Long Creek Regional Wastewater plant or if,in Charlotte's sole discretion,Charlotte determines that the plant is no Ionger viable for economic or any other reason,then Belmont agrees it shall purchase the Nutrient Allocation that Charlotte has purchased from Clariant. 2. Belmont agrees to,pay Charlotte the sum of$5,850,000 for the 90%Nutrient Allocation which equates to 36 lbs of-Phosphorus and 286.65 lbs ofNitrogen. In the event that Charlotte is.:required to take legal action to collect the funds owed, each party will be responsible for then own legal fees and charges. Any dispute between the parties shall be referred to mediation prior to institution of legal action by either party. 3. If Charlotte purchases any additional Clariant Nutrient Allocation beyond the 90%Nutrient Allocation originally purchased,that Nutrient Allocation may also be purchased by Belmont a l / p at Charlotte's cost under the same terms and conditions outlined for the 90%o Nutrient Allocation. 4. If Charlotte does determine that the Long Creek Regional Wastewater Plant is not feasible and that Belmont should purchase the Nutrient Allocation,Charlotte warrants that it will not make a request for payment any sooner than December 31,2015'or two years from giving written notice to Belmont for the purchase, whichever is the later date. Belmont's requirement to purchase is contingent upon Belmont obtaining financing acceptable to them or upon Charlotte allowing Belmont to extend payment over a period not to exceed 59 months. 5. In the event that construction of the Long Creek Regional Wastewater Treatment Plant is no longer viable and the Nutrient Allocation is no longer transferrable to Belmont due to regulatory actions or other constraints beyond the control of Charlotte or Belmont,then neither party is liable to the other and neither party would be considered in breach of this agreement. 5. If the decision is made to request Belmont to purchase the Nutrient Allocation in the future but the Nutrient Allocation has been reduced through regulatory actions beyond the control of Charlotte,then Belmont agrees to purchase the remaining share of the allocation based on a prorated amount of the remaining allocation to the original total. 7. This is the entire agreement between the parties. There are no terms on the subject matter of this Contract which are not set forth herein. This Contract may not be amended except by a written document, executed by both parties 1N WITNESS WHEREOF,the parties here to have caused this instrument to be executed,the day and year first above written: CITY OF BELMONT,NORTH CAROLINA A 1-I EST: BY: �� � Witness; ! , L.. City- „ 1 er City Clerk CITY OF CHARLOTTE,NORTH CAROLINA ATTEST: IL t f BY: Witness: ��M. City Manager' 'e er Rimin, Ctss. 2 ?,E wuDEWED fi tv q.°,N Yt P.R fOUAI...,„Y DECAra I 2a13 NCDENR 43 North Carolina Department of Environment and Natural Resd' a= ` 1,R.FGiC NAL OFFICE Division of Water Resources Pat McCrory Thomas A. Reeder John E, Skvarla, III Governor Director Secretary December 4, 2013 TO: Michael Parker Regional Engineer, Mooresville Regional Office FROM: David Wainwright, Division of Water Resources; Jackie Roddy, P.E., Division of Water Resources SUBJECT: Draft Environmental Impact Statement Charlotte Mecklenburg Utilities Long Creek Regional.Wastewater Treatment Plant Mecklenburg County, North Carolina Please find a copy of the Draft Environmental Impact Statement attached for internal agency review. DWR is the lead agency on this project, so this advanced copy is for your record, review, and comment. An additional copy will be forthcoming through the usual A95 routing procedures. Please feel free to contact David Wainwright at 919-707-8787 if you have any questions. Public Water Supply Section—Jessica C.Godreau,Chief 1634 Mail Service Center,Raleigh, North Carolina 27699-1634 Phone:919-707-9100\FAX:91 9-7 1 5-4374 1 Lab Form FAX:919-715-66371 Internet:www.ncwater.org/pws/