WQ0021934_Renewal Application_20220928

Initial Review
Reviewer Thornburg, Nathaniel D
Is this submittal an application? (Excluding additional information.)*
Yes No
Permit Number (IR) * WQ0021934
Applicant/Permittee Aqua North Carolina, Inc.
Applicant/Permittee Address 202 MACKENAN COURT, CARY, NC 27511
Is the owner in BIMS? Yes No Is the facility in BIMS?
Owner Type Organization
Facility Name Hasentree WWTP
County Wake
Fee Category
Is this a complete application?*
Yes No
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Does this need review by the hydrogeologist? * Yes No
Regional Office
CO Reviewer
Admin Reviewer
llr�ore
Fee Amount $0
Complete App Date 09/28/2022
Below list any additional email address that need notification about a new project.
... ... ..
Email Address
Comments to be added to email notfication
Comments for Admin
Comments for RO

Comments for Reviewer
Comments for Applicant

Submittal Form
Project Contact Information
Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence.
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Name* ANDREW NORRIS, PE
Email Address*
[e-mail]
Project Information
Application/Document Type*
New (Fee Required)
Modification - Major (Fee Required)
Renewal with Major Modification (Fee
Required)
Annual Report
Additional Information
Other
Phone Number*
919-653-6975
Modification - Minor
Renewal
GW-59, NDMR, NDMLR, NDAR-1,
N DAR-2
Residual Annual Report
Change of Ownership
We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form.
hftps://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report
Permit Type: *
Wastewater Irrigation
Other Wastewater
Closed -Loop Recycle
Single -Family Residence Wastewater
Irrigation
Permit Number: *
WQ0021934
Has Current Existing permit number
Applicant/Permittee*
Aqua North Carolina, Inc.
Applicant/Permittee Address*
202 MACKENAN COURT, CARY, INC 27511
Facility Name*
Hasentree WWTP
Please provide comments/notes on your current submittal below.
N/A
High -Rate Infiltration
Reclaimed Water
Residuals
Other
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at [e-mail].
Please attach all information required or requested for this submittal to be reviewed here.
(Application Form, Engineering Plans, Specifications, Calculations, Etc.)
Aqua NC-Hasentree WWTP Permit W00021934 Renewal
40.56M6
Application-RW S-R-09.26.2022. pdf
Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger
than upload limit.
* By checking this box, I acknowledge that I understand the application will not be
accepted for pre -review until the fee (if required) has been received by the Non -
Discharge Branch. Application fees must be submitted by check or money order and
made payable to the North Carolina Department of Environmental Quality (NCDEQ).
I also confirm that the uploaded document is a single PDF with all parts of the
application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Signature p�

Submission Date 9/28/2022

AQUA,.
September 26, 2022
NCDEQ / DWQ/ NON -DISCHARGE BRANCH
Re: Application for Non -Discharge Permit Renewal
Aqua North Carolina, Inc.
Hasentree
NPDES Permit WQ0021 934
Wake County
Enclosed is a single PDF file of the completed application. This submittal
includes the necessary attachments for your office to renew the subject permit.
Should you need any additional information or assistance, please feel free to
contact Project Engineer, Andrew Norris @ 919-653-6975 or by e-mail at
[e-mail].
Sincerely,
Andrew Norris, PE
Project Engineer
Enc
202 MacKenan Court, Cary, NC, 27511 • 919.653.6975 • [e-mail]

DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of Water Resources
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Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting
documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A
NCAC 02T .0100, 15A NCAC 02U, and Division Policies. For more information, visit the Water Quality Permitting Section's
Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments uploaded as
a single Portable Document Format (PDF) file to https://edocs.deci.nc.gov/Forms/NonDischarge-Branch-Submittal-Form-Ver2,
or emailed to Non-Discharge.Reports(a)ncdenr.gov if less than 20 megabytes (MB).
SECTION I
— APPLICANT INFORMATION
1.
Applicant: AQUA NORTH CAROLINA, INC.
2.
Permit No.: WQ0021934
3.
Signature authority: MICHAEL MELTON
Phone number: [phone] Office
Title: ENGINEERING MANAGER
Email: [e-mail]
4.
Mailing address: 202 MACKENAN COURT
City: CARY
State: NC Zip: 27511-
5.
Contact person: ANDREW NORRIS, PE
Primary phone number: [phone] Office
Email: [e-mail]
Secondary phone number: [phone] Cell
SECTION II — FACILITY INFORMATION
1. Physical address: 7328 Hasentree Way County: WAKE Parcel No.: 1821188614
City: WAKE FOREST
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: 35.998667' Longitude:-78.58737'
State: NC Zip: 27587-
Method: Map interpretation by extraction
SECTION III — FLOW INFORMATION KA
1.
Permitted flow: 194490 GPD (The maximum allowable flow based on what has been permitted)
2.
As -built flow: 194490 GPD (The maximum allowable flow based on what has been constructed)
3.
Average flow: 71193 GPD (The average of all reported flows on the previous calendar year's NDMRs)
4.
Hydraulic capacity: 37 % (Divide the average flow in Item 3 by the As -built flow in Item 2)
5.
Wastewater composition: Domestic: 100 % Industrial: 0 % Stormwater: 0 %
SECTION IV — BILLING INFORMATION
1. Billing address: 202 MACKENAN COURT
City: CARY State: NC Zip: 27511-
2. Verify the Applicant does not have any overdue annual fees:
https://deq.nc. gov/about/divisions/water-resources/water-resources-permits/wq-epayments
Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has
an unpaid annual fee.
FORM: RWS-R 02-21 Page 1 of 6

SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION
(NOT APPLICABLE FOR CONJUNCTIVE SYSTEMS)
1. ORC: Casey, Patrick Grade: II Certification No.: 1005944
Mailing address: 202 MACKENAN COURT
City: CARY State: NC Zip: 27511-
Phone number: [phone] Cell Email: [e-mail]
2. Back -Up ORC: BONNE, ROBERT Grade: IV Certification No.: 5721
Mailing address: 202 MACKENAN COURT
City: CARY State: NC Zip: 27511-
Phone number: [phone] Cell Email: [e-mail]
SECTION VI — OPEN -ATMOSPHERE STRUCTURES Lo
1. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if
necessary.
Type
Parcel No.
Volume (gal)
Liner Type
Freeboard (ft)
Latitude
Longitude
Treatment/Storage
1821188614
515,032
Full, concrete
4
35.9986210
-78.5874340
Storage
1821188614
21,800,000
Full, clay
4
36.1780
-78.5890760
5-Day Upset
1821188614
1,000,000
Full, clay
4
35.9990360
-78.5875260
Select
Select
0-
°
SECTION VII — RELATED PERMITS
1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit.
Attach additional sheets if necessary.
Permit Type
Permit No.
Relationship Type
Collection System
WQ0039272
CS/Major tributary
Collection System
WQ0036634
CS/Major tributary
Collection System
WQ0039057
CS/Major tributary
Select
Select
SECTION VIII — MONITORING WELLS
1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary.
Well Name
Parcel No.
Status
Gradient
Location
Latitude
Longitude
MW-1
1811878441
Active
Downgradient
Inside Review Boundary
35.9980220
-78.6015280
MW-2
1821188614
Active
Downgradient
Inside Review Boundary
35.9994030
-78.5875560
MW-3
1821079497
Active
Downgradient
Inside Review Boundary
35.9959110
-78.5903930
MW-4
1821072081
Active
Downgradient
Inside Review Boundary
35.9942210
-78.5922280
MW-5
1811843459
Active
Downgradient
Inside Review Boundary
35.9875190
-78.6003550
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
FORM: RWS-R 02-21 Page 2 of 6

SECTION IX — UTILIZATION FIELDS
1. List all utilization fields associated with the renewing permit. Attach additional sheets if necessary.
Field
County
Parcel No.
Deeded Owner
Area
Cover Crop
Latitude
Longitude
FRONT 9
WAKE
1821188452
TOLL BROTHERS OF NC,
GOLF COURSE
FAIRWAYS
III, LIMITED
68.40
SOD
35.9972220
-78.5877780
PARTNERSHIP
FRONT 9
WAKE
1821183900
TOLL BROTHERS OF NC,
GOLF COURSE
GREENS
III, LIMITED
1.90
SOD
35.9988890
-78.5897220
PARTNERSHIP
BACK 9
WAKE
1811878441
TOLL BROTHERS OF NC,
GOLF COURSE
FAIRWAYS
III, LIMITED
59.60
SOD
35.9927780
-78.5977780
PARTNERSHIP
BACK 9
WAKE
1811878441
TOLL BROTHERS OF NC,
GOLF COURSE
GREENS
III, LIMITED
1.90
SOD
35.9902780
-78.5977780
PARTNERSHIP
PRACTICE
WAKE
1811878441
TOLL BROTHERS OF NC,
GOLF COURSE
GREENS
III, LIMITED
0.70
SOD
35.99750
-78.5963890
PARTNERSHIP
PRACTICE
WAKE
1811878441
TOLL BROTHERS OF NC,
GOLF COURSE
AREAS
III, LIMITED
2.30
SOD
35.9963890
-78.5986110
PARTNERSHIP
DRIVING
WAKE
1811878441
TOLL BROTHERS OF NC,
GOLF COURSE
RANGE
III, LIMITED
4.20
SOD
35.9955560
-78.5983330
TEES
PARTNERSHIP
DRIVING
WAKE
1811878441
TOLL BROTHERS OF NC,
GOLF COURSE
RANGE
III, LIMITED
6.80
SOD
35.9966770
-78.5963890
FAIRWAYS
PARTNERSHIP
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
FORM: RWS-R 02-21 Page 3 of 6

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total Acreage:
145.8
ATTACHMENT A — SITE MAP
Was the facility originally permitted or had a major modification issued after September 1, 2006?
® Yes — Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02U .0201(d). These
requirements are:
® A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing
all facility -related structures and fences within 500 feet of the treatment, storage, and utilization areas.
® Soil mapping units shown on all utilization sites.
® Delineation of the compliance and review boundaries per 15A NCAC 02U .0501(a)(6).
® Setbacks as required by 15A NCAC 02U .0701.
® Site property boundaries within 500 feet of all treatment, storage, and utilization sites.
❑ No — Skip Attachment A.
ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION
Does the signature authority in Section 1, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)?
® Yes — Skip Attachment B.
❑ No — Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign.
ATTACHMENT C — FLOW REDUCTION
Does the existing permit include an approved flow reduction?
❑ Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow
contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved
flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A
NCAC 02T .0114(f).
® No — Skip Attachment C.
� ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Is the Applicant a Privately -Owned Public Utility?
® Yes — Pursuant to 15A NCAC 02T .0115(a)(1), submit the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise.
❑ No — Skip Attachment D.
ATTACHMENT E — OPERATIONAL AGREEMENT
Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold?
FORM: RWS-R 02-21 Page 4 of 6

❑ Yes (Home/Property Owners' Association) — Pursuant to 15A NCAC 02T .0I 15(a)(2), submit an executed Operational Agreement
(FORM: HOA). Pursuant to 15A NCAC 02T .0115(c), if the applicant is a legally formed Homeowners' or Property Owner's
Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws.
❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement
(FORM: DEW Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the
Articles of Incorporation, Declarations, and By-laws.
® No — Skip Attachment E.
FORM: RWS-R 02-21 Page 5 of 6

ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
Is the applicant a municipality, county, sanitary district, or public utility?
® Yes — Proceed to the next question.
❑ No — Skip Attachment F.
Does the hydraulic capacity in Section III, Item 4 exceed 70%?
❑ Yes (the hydraulic capacity is greater than 70%, but less than 80%) — Pursuant to 15A NCAC 02T .0118(1), prior to exceeding
80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee
shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall
outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system,
elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements.
If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be
met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other
measures to achieve waste flow reductions.
❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question.
® No — Skip Attachment F.
If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%?
❑ Yes (the hydraulic capacity is greater than 80%) — Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the
system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all
permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed,
submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed
for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future
growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow
reductions.
❑ No — Skip Attachment F.
ATTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS
Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, and utilization system?
❑ Yes — Skip Attachment G.
® No — Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements
allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, and utilization system on
property not owned by the Permittee.
ATTACHMENT H — AFFILIATIONS
Are the Permittee's affiliations of record correct? Check affiliations.
® Yes — Skip Attachment H.
❑ No — Provide the corrected affiliations and their contact information.
ATTACHMENT I — COMPLIANCE SCHEDULES10
Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit)
❑ Yes — Submit documentation that the compliance schedules have been met.
® No — Skip Attachment I.
ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS
Does the Permittee have any existing civil penalties or outstanding violations?
❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request.
❑ Yes (violations) — Submit a copy of your response to the Notice of Violation.
® No — Skip Attachment J.
FORM: RWS-R 02-21 Page 6 of 6

I ATTACHMENT K—INDUSTRIAL WASTEWATER
Does the wastewater composition in Section 11I, Item 5 include any industrial wastewater?
❑ Yes — Proceed to the next question.
® No — Skip Attachment K.
Has the nature of the industrial wastewater changed since the last permit issuance (i.e., changes in industrial process, introduction of
new materials or chemicals, etc.)?
❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 15A NCAC 02U .0201 . Provide an
overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process;
and an overview of the cleaning and treatment methodology.
❑ No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the
manufacturing process; and an overview of the cleaning and treatment methodology.
ATTACHMENT L— SETBACK WAIVERS
Does the existing permit include setback waivers?
❑ Yes — Pursuant to 15A NCAC 02T .0701 , provide setbacks waivers that have been written, notarized, signed by all parties
involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance
with 15A NCAC 02L .0107.
® No — Skip Attachment L.
APPLICANT'S CERTIFICATION
[, �C 11fl t attest that this application
(Signature authority's name as noted in Section I, Item 3)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application package are not completed, and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T_.0120 b , that the applicant, or any
parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned
a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance
schedule in a permit, settlement agreement, or order; not paid an annual fee.
Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106 b . An alternate person may be delegated as
the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.6B, any
person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class
2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature:
Date:
—�J�2o22-
THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA:
Email:
Non-Discharee.Renorts()ncdenr.gov
Laserfiche Upload:
htt s://edocs.de .nc. ov/Forms/NonDischar e-Branch-
Subm ittal-Form-Vert
FORM: RWS-R 02-21 Page 7 of 6

COPY OF MOST RECENT WWTP PERMIT
Water Resources
ENVIRONMENTAL QUALITY
March 15, 2018
SHANNON V . BECKER — PRESIDENT
AQUA NORTH CAROLINA, INC.
202 MACKENAN COURT
CARY, NORTH CAROLINA 27511
Dear Mr. Becker:
ROY COOPER
Governw-
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
41e
Subject: Permit No. WQ0021934
Hasentree WWTP
Reclaimed Water Generation
and Non -Conjunctive
Reclaimed Water Utilization
System
Wake County
In accordance with your permit renewal request received March 21, 2017, and subsequent
additional information received September 6, 2017 and January 25, 2018, we are forwarding herewith
Permit No. WQ0021934 dated March 15, 2018, to Aqua North Carolina, Inc. for the continued operation
of the subject reclaimed water generation and non -conjunctive reclaimed water utilization facilities.
Modifications to the subject permit are as follows:
➢ Your permit's format has been updated to be consistent with the most current reclaimed water
permit template, and rule references have been updated pursuant to the new 15A NCAC 02U
rules that became effective July 18, 2011.
This permit shall be effective from the date of issuance until February 28, 2023, shall void Permit
No. WQ0021934 issued June 23, 2009, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B, and C
for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting
and maintaining the required operational information shall result in future compliance problems.
Please note the following permit conditions have been removed since the last permit issuance
dated .Tune 23, 2009:
➢ Old Condition III.15. — This condition has been removed.
Please note the following permit conditions and attachments are new or modified since the
last permit issuance dated dune 23, 2009:
➢ Condition I.1. — This condition requires the Permittee to re-evaluate the approved value using
the methodology used to determine if the approved flow rate of 240 GPD/home or lot.
-75 ��'NotYuing Compares'---..
State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Center ( Raleigh, North Carolina 27699-1617
919-807-6332

Mr. Shannon V. Becker
March 15, 2018
Page 2 of 3
Condition I.2. —No later than within 60 of the permit issuance date, the Permittee shall develop
and implement, an education program to inform users (including employees) about the proper
use of reclaimed water per Condition HI.18.
➢ Condition I.3.- No later than within 60 of the permit issuance date, the Permittee shall provide
notification to the public and/or employees about the use of reclaimed water, and that reclaimed
water is not intended for drinking. Such notification shall be provided to employees in a
language they can understand.
➢ Condition H.14. — This condition requires that the Permittee shall ensure any landowner who
is not the Permittee and owns land within the compliance boundary shall execute and file with
the Wake County Register of Deeds an easement running with the land.
➢ Condition H.15.b.ii. - This condition states that reclaimed water effluent storage facilities
constructed prior to June 18, 2011 shall be exempt from a setback between storage and
treatment units and property lines.
➢ Condition 111.2. — This condition requires that the Permittee maintain an Operation and
Maintenance Plan.
➢ Condition 111.4. — This condition requires that an operator certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or
greater than the facility classification be on call 24 hours per day
➢ Condition III.9. — This condition requires that the turbidimeter shall be tested and calibrated at
a minimum of once per year.
➢ Condition III.11. — This condition requires an automatically activated standby power source
capable of powering all essential treatment units shall be on site and operational at all times.
➢ Condition III.12. — This condition requires that the public access to the reclaimed water
generation facilities and five day upset pond shall be prohibited
➢ Condition III.20. — This condition requires that the Permittee provide notification to the public
and/or employees about the use of reclaimed water, and that reclaimed water is not intended
for drinking.
➢ Condition IV.8.c. — This condition requires that the Permittee maintain a maintenance log at
the facility which includes the date of calibration of the turbidimeter.
➢ Condition IV.8.e. —This condition notifies that the Permittee maintain a maintenance log at the
facility which includes a record of preventative maintenance.
➢ Condition IV.81—This condition notifies that the Permittee maintain a maintenance log at the
facility which includes a record of all unpermitted releases of reclaimed water to the surface
waters or the land surface.
➢ Condition VI.5. — This condition requires that the Permittee retain the Division's written
approval of any authorized adjusted daily design flow rate for the life of the facility, and shall
transfer said written approval to any future Permittee.
➢ Condition VI.10. —This condition notifies the Permittee that this permit is subject to revocation
or unilateral modification upon 60 days notice from the Division Director, in whole or part for
the requirements listed in 15A NCAC 02T .0110.

Mr. Shannon V. Becker
March 15, 2018
Page 3 of 3
➢ Condition VI.11. — This condition notifies the Permittee that unless the Division Director grants
a variance, expansion of the permitted facilities contained herein shall not be granted if the
Permittee: has been convicted of an environmental crime; has previously abandoned a
wastewater treatment facility; has not paid a civil penalty; is non -compliant with a permit
schedule; or has not paid an annual fee.
➢ Attachment A — Monitoring for Total Kjeldahl Nitrogen, Total Nitrogen and Total Phosphorus
has been added to the effluent monitoring requirements; the sampling type for Chloride and
Total Dissolved Solids has been changed from grab to composite to be consistent with our Non -
Discharge Effluent Monitoring for Domestic Wastewater guidelines. Total Organic Carbon
(TOC) has been removed from the sampling schedule.
➢ Attachment B - The `Golf Club House & Villas and Residential Field #19' zone has been
removed from the list of approved land application sites as it is included in Permit No.
WQ0033816.
➢ Attachment C — Total Phosphorus has been added, and Total Suspended Solids has been
removed from the sampling schedule.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Alice M. Wessner at (919)
807-6425 or [e-mail].
Sincerely,
IIda Culpepper, Interim Director
U Division of Water Resources
cc: Wake County Environmental Health Services (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files

UTILIZATION SYSTEM PERAUT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Aqua North Carolina, Inc.
Wake County
operation of a 194,490 gallon per day (GPD) reclaimed water generation and non -conjunctive utilization
system consisting of the:
continued operation of a 200,000 GPD reclaimed water generation system consisting of: a manually cleaned
bar screen; a 60,000 gallon aerated flow equalization basin with a 240 cubic feet per minute (CFM) blower
and two 175 gallon per minute (GPM) pumps; a flow splitter box; two 150,000 gallon aeration basins; two
25,000 gallon clarifiers with two variable speed waste sludge pumps; a 67,500 gallon aerated sludge holding
tank with a variable speed supernatant return pump; a 6,322 gallon chlorine contact basin with two variable
speed chemical pumps; two tertiary dual bed filtration units each rated at 0.96 gallons per minute per square
foot (GPM/ftz); an 11,000 gallon clearwell with four 550 GPM backwash pumps; an 11,605 gallon mudwell
with two 150 GPM return pumps; a 6,110 gallon dechlorination tank; dual ultraviolet (LTV) disinfection
systems; four 525 CFM blowers (one shall be in reserve) serving the aeration basins, sludge holding tanks
and air lifts; an onsite generator; an effluent flow measuring device; an effluent monitoring device; a
turbidimeter; a 2,495 gallon dosing chamber with two 350 GPM pumps and audible/visual high water
alarms; and all associated piping, valves, controls, and appurtenances; and the
continued operation of a 194,490 GPD non -conjunctive reclaimed water utilization system consisting of: a
21.8 million gallon (MG) clay lined storage pond with approximately 112 days of storage and two 1,600
GPM pumps; a 1.0 MG clay lined five-day upset pond with a return pump station consisting of two 200
GPM submersible pumps and audible/visual alarms; a weather station and rain sensor; approximately 145.8
acres of reclaimed water irrigation area comprised of an 18-hole golf course and driving range; and all
associated piping, valves, controls, and appurtenances
to serve the Hasentree WWTP, with no discharge of wastes to surface waters, pursuant to the application
received March 21, 2017, and subsequent additional information received by the Division, and in
conformity with the project plans, specifications, and other supporting data subsequently filed and approved
by the Department of Environmental Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until February 28, 2023, shall void Permit No.
WQ0021934 issued June 23, 2009, and shall be subject to the following specified conditions and
limitations:
WQ0021934 Version 3.0 Shell Version 171103 Page 1 of 10

I. SCHEDULES
1. Within 60 days of the permit effective date, the Permittee shall re-evaluate the approved value using
the methodology used to determine if the approved flow rate of 240 GPD/home or lot and submit this
information to the Division as required in Condition VIA. The Division may change the design flow
rate for connections to the system at that time pending an evaluation of the submitted flow information.
[15A NCAC 02T .0108(b)(1)]
2. Within 60 days of the permit effective date, the Permittee shall develop and implement an education
program to inform users (including employees) about the proper use of reclaimed water per Condition
Hl.18. All educational materials shall be made available to the Division upon request. [15A NCAC 02U
.0501(a)(4)]
3. Within 60 days of the permit effective date, the Permittee shall provide notification to the public and/or
employees about the use of reclaimed water, and that reclaimed water is not intended for drinking.
Such notification shall be provided to employees in a language they can understand. Documentation
of this notification shall be submitted to the Division showing the completion of this condition. [15A
NCAC 02U .0501(a)(4)]
4. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application.
[15A NCAC 02U .0106, 02U .0109]
1. The subject reclaimed water facilities shall be effectively maintained and operated at all times so there
is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In
the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due
to improper operation and maintenance, or failure of the utilization areas to adequately assimilate the
reclaimed water, the Permittee shall take immediate corrective actions including Division required
actions, such as the construction of additional or replacement reclaimed water generation and utilization
facilities. [G.S. 143-215.1, 143-213.3(a)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100]
3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with
15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other
jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A.
[15A NCAC 02U .0300]
5. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g), 02U
.0402(m)]
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6. The following shall be requirements for the reclaimed water distribution, storage and utilization
facilities:
a. All reclaimed water valves, storage facilities and outlets shall be tagged or labeled to warn the
public or employees that reclaimed water is not intended for drinking. Where appropriate, such
warning shall inform the public or employees to avoid contact with reclaimed water.
b. All reclaimed water piping, valves, outlets and other appurtenances shall be color -coded, taped or
otherwise marked to identify the source of the water as being reclaimed water.
i. All reclaimed water piping and appurtenances shall be either colored purple (i.e., Pantone 522)
and embossed or integrally stamped or marked "CAUTION: RECLAMED WATER — DO
NOT DRINK" or be installed with a purple (i.e., Pantone 522) identification tape or
polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and
repeated every three feet or less.
ii. Identification tape shall be at least three inches wide and have white or black lettering on purple
(i.e., Pantone 522) field stating "CAUTION: RECLAEMED WATER — DO NOT DRINK."
Identification tape shall be installed on reclaimed water pipelines in a visible manner, fastened
at least every 10 feet to each pipe length and run continuously the entire length of the pipe.
iii. Existing underground distribution systems retrofitted for the purpose of distributing reclaimed
water shall be taped or otherwise identified as noted above. This identification need not extend
the entire length of the distribution system, but shall be incorporated within 10 feet of crossing
any potable water supply line or sanitary sewer line.
c. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits
operation by authorized personnel only.
d. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -
potable quality. As an alternative to the use of locked vaults with standard hose bib services, other
locking mechanisms such as hose bibs which can only be operated by a tool may be placed above
ground and labeled as non -potable water.
[15A NCAC 02U .0403]
7. No direct cross -connections shall be allowed between reclaimed water and potable water systems,
unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A
NCAC 02U .0403(f)]
8. Reclaimed water distribution lines shall be located at least 10 feet horizontally from and 18 inches
below any water line where practicable. Where these separation distances cannot be met, the piping
and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.
[15A NCAC 02U .0403(h)]
9. Reclaimed water distribution lines shall not be less than 100 feet from a well unless the piping and
integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no
case shall they be less than 25 feet from a private well or 50 feet from a public well. [15A NCAC 02U
.0403(i)]
10. Reclaimed water distribution lines shall be located at least two feet horizontally from and 18 inches
above any sewer line where practicable. Where these separation distances cannot be met, the piping
and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.
[15A NCAC 02U .04030)]
11. The compliance and review boundaries are established at the property boundary. Any exceedance of
standards at the compliance or review boundary shall require action in accordance with 15A NCAC
02L .0106. [15A NCAC 02H .0219(k)(1)(C)(i)(IH)]
12. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)]
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13. No wells, excluding Division approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107(d)]
14. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the Wake
County Register of Deeds an easement running with the land containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary
for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[15A NCAC 02L .0107(f)]
15. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for reclaimed utilization sites shall be as follows (all distances in feet):
i. Surface waters not classified SA: 25
ii. Surface waters classified SA: 100
iii. Any well with exception to monitoring wells: 100
b. The setbacks for final effluent storage units shall be as follows (all distances in feet):
i. Any well with exception of monitoring wells: 100
ii. Any property line: 01
' Section 22.(c)(2) of Session Law 2013-413 exempts final reclaimed water effluent storage
facilities constructed prior to June 18, 2011 from having a setback to property lines.
[15A NCAC 02U .0701]
11 i' • 1 1 • 1�' 1
1. The reclaimed water generation and utilization facilities shall be properly maintained and operated at
all times. The facilities shall be effectively maintained and operated as a reclaimed water system to
prevent the discharge of any reclaimed water or partially treated effluent resulting from the operation
of this facility. [15A NCAC 02T .0108(b)(1)]
2. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include
the following:
a. Description of the system in sufficient detail to show what operations are necessary for the system
to function and by whom the functions will be conducted;
b. A map of all distribution lines and record drawings of all utilization systems under the Permittee's
control;
c. Description of anticipated maintenance activities;
d. Include provisions for safety measures including restriction of access to sites and equipment; and
e. Spill control provisions including response to upsets and bypasses including control, containment,
remediation, and contact information for plant personnel, emergency responders and regulatory
agencies.
[15A NCAC 02U .0801]
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3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more
certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously .cited rules. [15A NCAC 02U .0117]
4. An operator certified by the Water Pollution Control System Operators Certification Commission
(WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours
per day. [15A NCAC 02U .0401(e), 02U .0402(i)]
5. A suitable year round vegetative cover shall be maintained on irrigation sites at all times, such that crop
health is optimized, allows for even distribution of reclaimed water, and allows inspection of the
irrigation system. [15A NCAC 02T .0108(b)(1)]
6. Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the irrigation
sites. [15A NCAC 02T .0108(b)(1)]
7. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)]
8. All reclaimed water irrigation equipment shall be tested and calibrated at least once per permit cycle.
Calibration records shall be maintained at the facility for a period of no less than five years, and shall
be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)]
9. The turbidimeter shall be tested and calibrated at a minimum of once per year. Calibration records
shall be maintained at the facility for a period of no less than five years, and shall be made available to
the Division upon request. [15A NCAC 02T .0108(b)(1)]
10. Only reclaimed water generated at the Hasentree WWTP shall be utilized in accordance with this
permit. [G.S. 143-215.1]
11. An automatically activated standby power source capable of powering all essential treatment units shall
be on site and operational at all times. If a generator is employed as an alternate power supply, it shall
be tested weekly by interrupting the primary power source. [15A NCAC 02U .0402(h)]
12. Public access to the reclaimed water generation facilities and five day upset pond shall be prohibited.
[15A NCAC 02U .0402(f)]
13. Public access to reclaimed water utilization sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each site. [15A
NCAC 02U .0501]
14. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited. [15ANCAC 02T .0108(b)(1)]
15. Freeboard in the 21.8 million gallon (MG) clay lined storage pond and the 1.0 MG clay lined five-day
upset pond shall not be less than two feet at anytime. [15A NCAC 02T .0108(b)(1)]
16. Gauges to monitor water levels in the 21.8 million gallon (MG) clay lined storage pond and the 1.0 MG
clay lined five-day upset pond shall be provided. These gauges shall have readily visible permanent
markings at inch or tenth of afoot increments. [15A NCAC 02T .0108(b)(1)]
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17. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e.,
outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T
.0108(b)(1)]
18. All effluent shall be routed to the five-day holding pond should the limit for fecal coliform (e.g., daily
maximum concentration of 25 colonies per 100 mL) or turbidity (e.g., instantaneous maximum of 10
NTU) be exceeded, until the problems associated with the wastewater treatment plant have been
corrected. The wastewater in the five-day holding pond shall be pumped back to the treatment plant
headworks for re -treatment or treated in the five-day holding pond prior to utilization. [15A NCAC
02U .0402(e)]
19. The Permittee shall develop and implement an education program to inform users (including
employees) about the proper use of reclaimed water. Educational material shall be provided to all
residents and/or other facilities provided with reclaimed water, and these materials shall be maintained
consistent with the reclaimed water uses. All educational materials shall be made available to the
Division upon request. [15A NCAC 02U .0501(a)(4)]
20. The Permittee shall provide notification to the public and/or employees about the use of reclaimed
water, and that reclaimed water is not intended for drinking. Such notification shall be provided to
employees in a language they can understand. [15A NCAC 02U .0501]
21. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02U .0802. [15A NCAC 02T .1100, 02U .0802]
IV. MONITORING AND REPORTING REQUROHNTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses)
necessary to ensure groundwater and surface water protection shall be established, and an acceptable
sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)]
2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent,
groundwater or surface water parameters. [15A NCAC 02H .0800]
3. Flow through the reclaimed water generating facility shall be continuously monitored, and daily flow
values shall be reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy
and reliability of flow measurement consistent with accepted engineering and scientific practices.
Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of
less than ten percent from true flow; accurately calibrated at a minimum of once per year; and
maintained to ensure the accuracy of measurements is consistent with the selected device's accepted
capability. The Permittee shall maintain records of flow measurement device calibration on file for a
period of at least five years. At a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow.
[15A NCAC 02T .0105(k)]
4. The Permittee shall monitor the reclaimed water from the generating facility at the frequencies and
locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)]
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5. The Permittee shall maintain adequate records tracking the amount of reclaimed water utilized.
Records shall be maintained for a minimum of five years. At a minimum, these records shall include
the following information for each utilization site listed in Attachment B:
a. Date of reclaimed water utilization;
b. Volume of reclaimed water irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Weather conditions; and
g. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
6. Freeboard (i.e., water level to the lowest embankment elevation) in the 21.8 million gallon (MG) clay
lined storage pond and the 1.0 MG clay lined five-day upset pond shall be measured to the nearest inch
or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility
for a period of no less than five years, and shall be made available to the Division upon request. [15A
NCAC 02T .0108(c)]
7. A record shall be maintained of all residuals removed from this facility. This record shall be maintained
at the facility for a period of no less than five years, and shall be made available to the Division upon
request. At a minimum, this record shall include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02T .0108(c)]
8. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a
period of no less than five years, and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Visual observations of treatment plant and plant site;
b. Date of calibration of flow measurement device(s);
c. Date of calibration of turbidimeter;
d. Date and results of power interruption testing on alternate power supply;
e. Record of preventative maintenance (e.g., changing/adjusting of equipment, pump and valve
maintenance, cross connection control, testing, inspections and cleanings, etc.; and
f. Record of all unpermitted releases of reclaimed water to surface water or land surface including
date of occurrence, estimated volume of release, cause, and corrective action taken.
[15A NCAC 02T .0108(b)(1)]
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9. Three copies of all effluent monitoring data and reclaimed water distribution data (as specified in
Conditions IV.3. and IVA.) shall be submitted on Form NDMR for each PPI listed in Attachment A.
Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed
water distribution activities occurred during the monitoring month,, monitoring reports_ documenting
the absence of the activity are still required to be submitted. All effluent monitoring data shall be
submitted to the following address: Division of Water Resources, Information Processing Unit, 1617
Mail Service Center, Raleigh, North Carolina, 27699-1617. [15A NCAC 02T .0105(1)]
10. Three copies of all operation and utilization records (as specified in Conditions IV.S. and IV.6.) shall
be submitted on Form NDAR-1 for every non -conjunctive utilization site listed in Attachment B.
Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed
water utilization activities occurred during the month, monitoring reports are still required documenting
the absence of the activity. All information shall be submitted to the following address: Division of
Water Resources, Information Processing Unit, 1617 Mail Service Center, Raleigh, North Carolina,
27699-1617. [15A NCAC 02T .0105(1)]
11. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment
C. All mapping, well construction forms well abandonment forms and monitoring data shall refer to
the permit number and the well nomenclature as provided in Attachment C and Figure L [15A NCAC
02T .0105(m)]
12. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address: Division of Water Resources, Information Processing Unit, 1617
Mail Service Center, Raleigh, North Carolina, 27699-1617. [15A NCAC 02T .0105(m)]
13. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791-
4200, as soon as possible, but in no case more than 24 hours, or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
c. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted
release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted
releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance
with Condition IV.81 but do not require Regional Office notification.
d. Any time self -monitoring indicates the facilities permitted herein have gone out of compliance with
the limitations contained in this permit.
e. Ponding in or runoff from the reclaimed water utilization sites.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. Persons
reporting such occurrences by telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to
betaken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)]
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LM
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
reclaimed water generation and utilization facilities. [15A NCAC 02T .0108(b)]
2. The Permittee or their designee shall inspect the reclaimed water generation and utilization facilities to
prevent malfunction, facility deterioration and operator errors resulting in discharges, which may cause
the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee
shall maintain an inspection log that includes, at a minimum, the date and time of inspection,
observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall
maintain this inspection log for a period of five years from the date of the inspection, and this log shall
be made available to the Division upon request. [15A NCAC 02T .0108(b)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the reclaimed water generation and utilization facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions of this permit,
and may collect groundwater, surface water or leachate samples. [G.S. 143-215.1]
/i ►1 :: ' ��7► 1� ill C��►(.�
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to
143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the
conditions of this permit, the Division approved plans and specifications, and other supporting
documentation. [15A NCAC 02T .0110]
3. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n).
[G.S. 142-215.1]
4. The Division accepts the data -based design flow rate of 240 gallons per day per home or lot (GPD/home
or lot) for the users served by this facility. Regardless of the adjusted daily wastewater design flow
rate, at no time shall wastewater flows exceed the limits defined in this permit for the subject facility,
or exceed the sewer capacity downstream of any new sewer extension or service connection(s).
The Permittee shall report the actual (i.e., measured) monthly average amount of wastewater flow
contributed per unit (GPD/home or lot) for the 12 months prior to permit renewal. If any of these actual
monthly averages are within 20% of the 194,490 GPD, the Permittee shall re-evaluate the approved
value using the methodology applied to determine the approved flow rate of 240 GPD/lot or home, and
submit this information within 18 months of permit issuance. The Division may change the daily
wastewater design flow rate for connections to the system at that time, and upon each renewal cycle,
pending an evaluation of the submitted flow information. [15A NCAC 02T .0114(f)]
5. The Permittee shall retain the Division's written approval of any authorized adjusted daily design flow
rate for the life of the facility, and shall transfer said written approval to any future Permittee. [15A
NCAC 02T .0114(f)(4)]
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6. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in
15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4_ and
under the Division's General Permit NCGO10000; any requirements pertaining to wetlands under 15A
NCAC 02B .0200 and 02H .0500; National Pollutant Discharge Elimination System (NPDES)
requirements under 15A NCAC 02H .0100, and documentation of compliance with Article 21 Part 6
of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)]
7. In the event the permitted facilities change ownership or the Permittee changes their name, a written
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC
02T .0104]
8. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0108(b)(1)]
The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T
.01050)]
10. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T .0110]
11. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A
NCAC 02T .0120]
12. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay
the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T
.0105(e)(3)]
Permit issued this the 15ffi day of March 2018
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r
Linda Culpepper, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0021934
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ATTACHMENT A - I D41TATIONS AND MONITORING REQUIREMENTS
PPI 001— Reclaimed Water Generation System Effluent
Permit Number: WQ0021934 Version: 3.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCs
Parameter Description
Units of
Monthly
Monthly
Daily Minimum
Daily Maximum
Measurement
Sample
Code
Measure
Average
Geometric Mean
Frequency
Type
00310
BOD, 5-Day (20 °C)
mg/L
10
15
2 x Month
Composite
00940
Chloride (as Cl)
mg/L
3 x Year 1
Composite
50060
Chlorine, Total Residual
mg/L
5 x Week
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
14
25
2 x Month
Grab
50050
Flow, in Conduit or thru Treatment Plant
GPD
194,490
Continuous
Recorder
00610
Nitrogen, Ammonia Total (as N)
mg/L
4
6
2 x Month
Composite
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L
2 x Month
Composite
00620
Nitrogen, Nitrate Total (as N)
mg/L
2 x Month
Composite
00600
Nitrogen, Total (as N)
mg/L
2 x Month
Composite
00400
pH
su
5 x Week
Grab
00665
Phosphorus, Total (as P)
mg/L
2 x Month
Composite
70300
Solids, Total Dissolved —180 °C
mg/L
3 x Year
Composite
00530
Solids, Total Suspended
mg/L
5
10
2 x Month
Composite
00076
Turbidity, HCH Turbidimeter
NTU
10
Continuous
Recorder
1. 3 x Year monitoring shall be conducted in April, August, and December.
WQ0021934 Version 3.0 Attachment A Page 1 of 1

Permit Number: WQ0021934 Version: 3.0
Aqua North Carolina, Inc. — Hasentree WWTP
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Field
Owner
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
Hourly
Rate
Yearly
Max
Units
Front 9 Fairways
Toll Brothers of NC, III,
Wake
35.9972220
-78.5877780
68.4
Cecil (Pacolet)
01284—Non-Discharge Application Rate
0.1
20.28
inches
Limited Partnership
Front 4 Greens
Toll Brothers of NC, III,
Wake
35.998889°
-78.589722°
1.9
Cecil (Pacolet)
01284 —Non-Discharge Application Rate
0.1
20.28
inches
Limited Partnershi
Back 9 Fairways
Toll Brothers of NC, III,
Wake
35.9927780
-78.5977780
59.6
Cecil (Pacolet)
01284 — Non -Discharge Application Rate
0.1
20.28
inches
Limited Partnership
Back 9 Greens
Toll Brothers of NC, III,
Wake
35.9902780
-78.5977780
1.9
Cecil (Pacolet)
01284 — Non -Discharge Application Rate
0.1
20.28
inches
Limited Partnershi
Practice Greens
Toll Brothers of NC, III,
Wake
35.9975°
-78.596389°
0.7
Cecil (Pacolet)
01284 —Non-Discharge Application Rate
0.1
20.28
inches
Limited Partnershi
Practice Areas
Toll Brothers of NC, III,
Wake
35.9963890
-78.5986110
2.3
Cecil (Pacolet)
01284 —Non-Discharge Application Rate
0.1
20.28
inches
Limited Partnership
Driving Range
Toll Brothers of NC, III,
Wake
35.9955560
-78.5983330
4.2
Cecil (Pacolet)
01284—Non-Discharge Application Rate
0.1
20.28
inches
Tees
Limited Partnership
Driving Range
Toll Brothers of NC, III,
Wake
35.9966670
-78.5963890
6.8
Cecil (Pacolet)
01284 — Non -Discharge Application Rate
0.1
20.28
inches
Fairways
Limited Partnershi
Totals
145.8
1. Effluent Easement and Irrigation Agreement (Book 13037 / Page: 2573) and the Wastewater Treatment Plant Easement Agreement (Book 12834 / Page: 2278)
WQ0021934 Version 3.0 Attachment B Page 1 of 1

Permit Number: WQ0021934 Version: 3.0
Monitoring wells: A/IW-1, MW-2, MW-3, MW-4, and MW-5
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
PCS Code
Parameter Description
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
00680
Carbon, Tot Organic (TOC)
mg/L
3 x Year
Grab
1,6
00940
Chloride (as Cl)
250
mg/L
3 x Year
Grab
1
31616
Coliform, Fecal MF, M-FC Broth, 44.5'C
#/100 mL
3 x Year
Grab
1
00610
Nitrogen, Ammonia Total (as N)
1.5
mg/L
3 x Year
Grab
1
00620
Nitrogen, Nitrate Total (as N)
10
mg/L
3 x Year
Grab
1
00400
pH
6.5-8.5
su
3 x Year
Grab
1,2
00665
Phosphorus, Total (as P)
mg/L
3 x Year
Grab
1
70300
Solids, Total Dissolved - 180'C
500
mg/L
3 x Year
Grab
1
GWVOC
Volatile Compounds (GC/MS)
Present: Yes/No
Annually
Grab
1, 4, 5
82546
Water Level, Distance from measuring point
feet
3 x Year
Calculated
1, 2, 3
1. 3 x Year monitoring shall be conducted in April, August, and December; Annual monitoring shall be conducted every December.
2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of
pH shall be made after purging and prior to sampling for the remaining parameters.
3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of
casing) of all monitoring wells shall be surveyed relative to a common datum.
4. Volatile Organic Compounds (VOC) - In December only, analyze by one of the following methods:
a. Standard Method 6230D, PQL at 0.5 µg/L or less
b. Standard Method 6210D, PQL at 0.5 µg/L or less
c. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less
d. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less
e. Another method with prior approval by the Water Quality Permitting Section Chief
Any method used must meet the following qualifications:
a. A laboratory must be DWR certified to run any method used.
b. The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D.
c. The method used must provide a PQL of 0.5 µg/L or less that must be supported by laboratory proficiency studies as required by DWR. Any constituents detected above the MDL but below
the PQL of 0.5 µg/L must be qualified (estimated) and reported.
5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Raleigh Regional Office supervisor, telephone number [phone], must
be contacted immediately for further instructions regarding any additional follow-up analyses required.
6. If TOC concentrations greater than 10 mg/1 are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising
this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/l, this concentration will be taken to represent the naturally occurring TOC
concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above.
7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment.
WQ0021934 Version 3.0 Attachment C Page 1 of 1

WA)TP
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ACHMENT
OVERALL HASENTREE DEVELOPMENT
VICINITY MAP
NOT TO 5CALE.
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ESE OF NORTH CAROLINA, P.C.
THI5 DOCUMENT 15 THE PROPERTY OF
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ALL RIGHTS ARE SERVED. ANY
REPRODUCTION OF TH15 DOCUMENT OR
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OF ESE OF NORTH GAROLINA, P.G.
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DATE: 0 1 -24- 1 3
DRAWN BY: TF
CHECKED BY: GMF
SHEET NUMBER:
1 OF 1
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December 1 2006 4, \�Fs,},----�%_------ Exhibit 1.37
,i \
MAP of WWTP SITE
\V
WITH ADEQUATE BUFFERS, THE
NORThIN ,N\ �' \\\\ �ft EFFLUENT STORAGE POND SITE
200' 100' 0 200' 400 \ \\ \ -,\� /f �� \ \ AND THE UPSET STORAGE POND SITE
0
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�\ \ \\ �` \ �\ \ MINE 0��
scALe: i= 2001 11
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PRELIMINARY
FOR REVIEW ONLY
NOT RELEASED
FOR CONSTRUCTION
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FACILITY AND POND ARE NOT 350 279
WITHIN 50' OF ANY PROPERTY ��,� / I
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Irrigation Pond, and Irrigation Pump Station. , ����O \ ` j �, \\\� 1

ATTACHMENT D - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
DOCKET NO. W-218, SUB 273
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
AQUA NORTH CAROLINA INC.
is granted this
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
to provide water and sewer utility service
ro
BARCLAY DOWNS BARTON CREEK BLUFFS BARTONS CREEK OVERLOOK,
BOULDER CREEK BRIARWOOD FARMS CHESTNUT OAKS AT BARTON CREEK
BLUFFS CROOKED CREEK CROOKED CREEK BLUFFS CROOKED CREEK
_SOUTH CROOKED CREEK TRACK D, CROSS CREEK MHP ENCLAVE OF
BARTON CREEK BLUFFS FAIRWAYS OF CROOKED CREEK, GRAYLYN,
HASENTREE PHASES 1 2 3 5 6A 6136C AND 7, HAWTHORNE, MALLARD
CROSSING MONTICELLO NEUSE RIVER VILLAGE OLDS MILBURNIE
_CROSSING SADDLERIDGE SAWYER'S MILL, STILLWATER LANDING,
TRADEWINDS VICTORY CHURCH ROAD WESTWOOD AT CROOKED CREEK
WINDSOR OAKS WILDWOOD GREEN AND WOODVALLEY SUBDIVISIONS
Wake County, North Carolina
subject to any orders, rules, regulations,
and conditions now or hereafter lawfully made
by the North Carolina Utilities Commission.
ISSUED BY ORDER OF THE COMMISSION.
This the 5t" day of December, 2008.
NORTH CAROLINA UTILITIES COMMISSION
sail l •T'floum�
Gail L. Mount, Deputy Clerk

(Page 1 of 17)
BKO12834PGO2278 Wastewater Treatment Plant Easement Agreement 11-07-07
WAKE COUNTY. NC Slag
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED & RECORDED ON
11/14/2007 AT 16:05:26
BOOK:012834 PAGE:02278 - 02294
WASTEWATER TREATMENT PLANT EASEMF,NT AGREEMENT
RETURN TO:
Kilpatrick Stockton LLP (CAB)
3737 Glenwood Avenue, Suite 400
Raleigh, NC 27612
This WASTEWATER TREATMENT PLANT EAS ,MENT AGREEMENT (the "WWTP
Easement") is made and entered into as of the �" day of e5 ; 2007, by HASENTREE
CORP., a North Carolina corporation ("Hasentree Corp."), and HEATER UTILITIES, INC., a South
Carolina corporation ("Heater").
WITNESSETH:
THAT WHEREAS, Hasentree Corp. is the developer of a proposed development called
Hasentree (as defined below); and
WHEREAS, Hasentree Corp., Lowery Services LLC and Heater have entered into the
Acquisition Agreement (as defined below) whereby Heater will acquire the Wastewater Utility System
(as defined below) serving Hasentree; and
WHEREAS, pursuant to the Acquisition Agreement the parties have agreed to enter into this
WWTP Easement; and
WHEREAS, Heater is a public utility company in the business of providing wastewater service to
communities such as Hasentree.
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Hasentree Corp. and Heater intending to be legally bound,
agree as follows:
Definitions.
1.1 "Acquisition Agreement " shall mean that certain Amended and Restated Agreement for
the Installation, Conveyance, and Operation of the Wastewater Utility System Serving Hasentree, dated as
of May 12, 2007, executed among Hasentree Corp., Lowery Services LLC and Heater.
1.2 "Cornn7ission " shall mean the North Carolina Utilities Commission.
US2000 9761489.5

(Page 2 of 17)
BKO12834PGO2279
1.3 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of
Environment and Natural Resources.
1.4 "Effluent Storage Pond" shall mean the 21 million gallon storage pond at Hasentree to be
owned and operated by Heater pursuant to the Acquisition Agreement.
1.5 "Environmental Law" shall mean any Law (as defined below) related to environmental
conditions on or under the WWTP Property (as defined below).
1.6 "Governmental authority" shall mean each and every applicable governmental authority,
department, agency, bureau or other entity or instrumentality having jurisdiction over the WWTP
Property, including the federal government of the United States, the North Carolina State government and
any subdivisions and municipalities thereof, including the Wake County government, and all other
applicable governmental authorities and subdivisions thereof.
1.7 "Hasentree " shall mean the property being developed by Hasentree Corp., known as
Hasentree located on NC Highway 98 in Wake County, North Carolina, which shall initially consist of
approximately 432 residential lots, a golf course, clubhouse, family activities center, water and swim
pavilion, fitness center, tennis complex, trail system and other recreation and amenity areas.
1.8 "Hasentree Corp. " shall mean Hasentree Corp., the developer of Hasentree.
1.9 "Hazardous Substances " shall mean all hazardous or toxic materials, substances,
pollutants, contaminants, or wastes currently identified as a hazardous substance or waste in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (commonly known as
"CERCLA"), as amended, the Superfund Amendments and Reauthorization Act (commonly known as
"SARA"), and the Resource Conservation and Recovery Act (commonly known as "RCRA").
1.10 "Hazardous Substances Discharge" shall mean any deposit, spill, discharge, or other
release of Hazardous Substances that occurs at or from the WWTP Property.
1.11 "Indemnify" shall mean that Heater shall indemnify Hasentree Corp. (and its partners,
members, officers, directors, employees, agents, invitees and guests) and defend and hold Hasentree
Corp. (and its partners, members, officers, directors, employees, agents, invitees and guests) harmless
from and against any and all loss, cost, claims, liability, penalties, judgments, damage or other injury,
detriment, or expense (including all reasonable costs and expenses incurred in connection with any legal
proceeding, including reasonable attorneys' fees, court costs, expenses, interest and penalties) reasonably
incurred or suffered by Hasentree Corp. (and its partners, members, officers, directors, employees, agents,
invitees and guests) on account of the matter that is the subject of such indemnification or in enforcing
Heater's indemnity.
1.12 "Law" or "Laws" shall mean all laws, ordinances, requirements, orders, directives, rules
and regulations of any applicable Governmental Authority affecting the development, improvement,
alteration, use, maintenance, operation or occupancy of the WWTP Property or any part of the WWTP
Property, whether in force at the date hereof or passed, enacted or imposed at some time in the future,
subject in all cases, however, to all applicable waivers, variances and exemptions limiting the application
of the foregoing to the WWTP Property.
1.13 "Permit " shall mean Permit No. WQ0021934 for the operation of the Wastewater Utility
System (as defined below) and Spray Irrigation Facilities (as defined below) issued by DWQ, as the same
may be modified or renewed from time to time.

(Page 3 of 17)
BK012834PG02280
1.14 "Upset Storage Pond" shall mean the existing 1 million gallon, five-day retention pond
approved by DWQ and located near the WWTP at Hasentree for the retention of wastewater during
WWTP upsets.
1.15 "Wastewater Utility System " shall mean the WWTP, the collection system that delivers
wastewater to the WWTP, the Upset Storage Pond, the Effluent Storage Pond, all lift stations, and other
facilities used in the collection, treatment, holding and disposal of the wastewater, other than the Spray
Irrigation Facilities.
1.16 "WWTP" shall mean the wastewater treatment plant located within Hasentree.
1.17 "WWTP Property" shall mean the WWTP site of adequate size for the WWTP including
adequate buffer, a site of adequate size for the Effluent Storage Pond including adequate buffer, and a site
of adequate size for the Upset Storage Pond including adequate buffer, as legally described on Exhibit A
attached hereto..
2. Grant of Easement. Hasentree Corp. hereby grants and conveys to Heater, its successors and
assigns forever, a perpetual exclusive easement over, across, upon, and through the WWTP Property for
the purpose of operating, repairing, maintaining, replacing and reconstructing the WWTP, the Reuse Effluent
Storage Pond and the Upset Storage Pond for the benefit of utility customers located in Hasentree and other
activities related thereto, on the terms and subject to the conditions set forth in this WWTP Easement.
Hasentree Corp. shall not further encumber the WWTP Property, or engage in any activity therein, or
grant any other interest or privilege therein to any other party, that would interfere with Heater's
enjoyment of its rights or fulfillment of its obligations created by this WWTP Easement.
3. Maintenance Obligations. Heater shall maintain the WWTP Property together with the WWTP,
the Reuse Effluent Storage Pond and the Upset Storage Pond and any other improvements constructed or
installed thereon by Heater.
4. Hazardous Substances.
4.1 Restrictions. Heater shall not cause or permit to occur: (a) any violation of any
Environmental Law; or (b) the use, generation, release, manufacture, refining, production, processing,
storage or disposal of any Hazardous Substance on, under, or about the WWTP Property, or the
transportation to or from the WWTP Property of any Hazardous Substance, except to the extent that such
use (1) is reasonably necessary for the conduct of Heater's business in accordance with industry standards
for the operation of a wastewater treatment plant and (ii) complies with all applicable Environmental
Laws.
4.2 Environmental Indemnity. Heater shall Indemnify Hasentree Corp. against any
Hazardous Substances Discharge or failure to comply with any and all applicable Environmental Laws.
5. General Indemnity. This WW'IT Easement is made on the express condition that Hasentree
Corp. is to be free from all liability by reason of injury or death to persons or injury to property from
whatever cause arising out of Heater's, its contractors', agents', officers', employees', invitees', or
licensees' exercise of rights granted pursuant to this WWTP Easement or use of the WWTP Property, the
WWTP, the Reuse Effluent Storage Pond and the Upset Storage Pond or of the other improvements or
personal property of Heater thereto or thereon, including any liability for injury or death to the person or
property of Heater, its contractors, agents, officers, employees, invitees, or licensees or to any property
under the control or custody of Heater. Heater hereby covenants and agrees to Indemnify Hasentree
3

(Page 4 of 17)
BKO12834PGO2281
Corp., against such injury or losses caused or claimed to be caused by the exercise of Heater's rights
under this WWTP Easement or use of WWTP Property, the WWTP, the Reuse Effluent Storage Pond and
the Upset Storage Pond or of the other improvements or personal property of Heater thereto or thereon by
Heater, however occurring, other than those caused by the willful or negligent acts or omissions of
Hasentree Corp.
Insurance.
6.1 General Liability. Heater shall, at Heater's sole cost and expense, maintain, or cause to be
maintained, general public liability insurance against claims for personal injury, death or property damage
occurring upon, in or about the WWTP Property. The coverage under all such liability insurance shall be
in such amounts as may be required by law, but in all events for limits of not less than $1,000,000 per
occurrence and not less than $3,000,000 in the annual aggregate.
6.2 Policy Requirements and Endorsements. All insurance policies required by this WWTP
Easement shall contain (by endorsement or otherwise) the following provisions:
(a) All policies shall name Hasentree Corp. as an additional insured;
(b) All policies shall be written as primary policies not contributing with or in excess
of any coverage that Hasentree Corp. may carry;
(c) The insurance carrier shall be required to give Hasentree Corp, thirty (30) days'
prior notice of cancellation; and
(d) Heater shall deliver to Hasentree Corp. certificates of insurance on the date
hereof and before expiration of any then -current policy.
7. Termination of Easement. In the event that Heater ceases to use the WWTP Property for the
purposes set forth herein for a period of six continuous months, Hasentree Corp. may give Heater notice
of its intent to terminate this WWTP Easement pursuant to this Section 7, If Heater fails, within 60 days
following its receipt of such notice, to either (a) recommence operations at the WWTP Property as
permitted by this WWTP Easement or (b) give adequate assurances to Hasentree Corp. of its intention
and ability to do so within the next six months, and thereafter, fails to actually commence such operations
within such six-month period, then Hasentree Corp. may terminate this WWTP Easement and all of the
rights granted herein. In the event of such termination, the WWTP Easement shall be quitclaimed from
Heater to Hasentree Corp., without expense to Hasentree Corp., and any and all interest in the WWTP
Property conveyed in this WWTP Easement shall automatically revert to Hasentree Corp. or its assigns
and successors, without the necessity of any further action to effect said reversion. In conjunction with
said termination and reversion, Heater shall, within ninety (90) days from the date of termination of the
WWTP Easement, remove any and all improvements Heater installed in, on, under or above the WWTP
Property. If Heater does not remove said improvements within the ninety days, all such improvements
shall, at the option of Hasentree Corp., become the personal property of Hasentree Corp. at no cost to
Hasentree Corp.
8. Taxes and Assessments; Liens. All (a) all taxes on the WWTP and other improvements,
machinery, equipment and personal property owned by Heater solely excluding the real property
constituting the WWTP Property and (b) all business taxes and licenses levied and assessed by any
Governmental Authority shall be paid by Heater when due. Hasentree Corp. agrees that upon receipt of

(Page 5 of 17)
BKO12834PGO2282
any tax notice or notice of assessments, it will promptly notify Heater of its pro-rata share of such taxes,
For any partial year, the personal property taxes payable in those years shall be prorated between Heater
and Hasentree Corp. Heater shall not cause liens of any kind to be placed against the WWTP Property or
any of Hasentree Corp.'s other real property.
General Provisions.
9.1 Binding upon Successors and Assigns. This WWTP Easement shall be binding upon and
shall inure to the benefit of Hasentree Corp. and Heater, and the successors and permitted assigns of each.
Hasentree Corp. may assign its rights and delegate its duties under this WWTP Easement to a purchaser
of the WWTP Property. Heater may assign its rights and delegate its duties under this WWTP Easement
in whole or in part to a purchaser of the WWTP, a certified operator of the WWTP or to an affiliate of
Heater.
9.2 No Third Party Beneficiary Rights. Nothing expressed or referred to in this WWTP
Easement will be construed to give any person other than the parties to this WWTP Easement any legal or
equitable right, remedy or claim under or with respect to this WWTP Easement or any provision of this
WWTP Easement, except such rights as shall inure to a successor or permitted assignee pursuant to
Section 9.1 above.
9.3 Independent Contractor. The parties hereto are and shall be independent contractors to
one another, and nothing herein shall be deemed to cause this WWTP Easement to create an agency,
partnership, or joint venture between the parties hereto.
9.4 Counterparts. This WWTP Easement may be executed in one or more counterpart
signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an
original of this WWTP Easement and all of which, when taken together, will be deemed to constitute one
and the same instrument.
9.5 Headings. The headings of particular provisions of this WWTP Easement are inserted for
convenience only and shall not be construed as a part of this WWTP Easement or serve as a limitation or
expansion on the scope of any term or provision of this WWTP Easement.
9.6 Enforcement of Agreement. Each party acknowledges and agrees that the other party
would be irreparably damaged if any of the provisions of this WWTP Easement are not performed in
accordance with their specific terms and that any breach of this WWTP Easement by a party could not be
adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other
right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any
provision of this WWTP Easement by a decree of specific performance and to temporary, preliminary and
permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this
WWTP Easement, without posting any bond or other undertaking.
9.7 Notices. All notices and other communications required or permitted hereunder shall be
in writing and shall be sent either (i) personally by hand delivery, (ii) by United States first-class mail,
postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile, in each case
addressed to the address or facsimile number indicated on the signature pages to this WWTP Easement
(or at such other address or facsimile number as such party or permitted assignee shall have furnished to
the other parties hereto in writing). All such notices and other written communications shall be effective
on the date of delivery, mailing, or facsimile transmission.

(Page 6 of 17)
BKO12834PGO2283
9.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of this WWTP
Easement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing
waiver of any such term, condition or provision.
9.9 Entire Agreement. This writing and the documents referred to herein embody the entire
agreement and understanding between the parties hereto and there are no other agreements or
understandings, oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby.
9.10 Modifications in Writing. This WWTP Easement shall not be modified, amended, or
changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives
any right to amend this WWTP Easement in any other way. Any such modifications shall be subject to
DWQ's approval.
9.11 Consent to jurisdiction. The parties hereto agree that the state and federal courts of North
Carolina shall have exclusive jurisdiction over this WWTP Easement and any controversies arising out of,
relating to, or referring to this WWTP Easement, the formation of this WWTP Easement, and actions
undertaken by the parties hereto as a result of this WWTP Easement, whether such controversies sound in
tort law, contract law or otherwise. Each of the parties hereto expressly and irrevocably consents to the
personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and
expressly waives any jurisdictional or venue defenses otherwise available.
9.12 Governing Law. This WWTP Easement shall be governed by the internal substantive
laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules.
9.13 Recordation; Duration. Upon closing of the transactions contemplated by the Acquisition
Agreement, Heater shall record this WWTP Easement in the Register of Deeds of Wake County, North
Carolina at Heater's expense. The provisions of this WWTP Easement will run with and bind title to the
WWTP Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP
Property, and, subject to Section 7 above, will be and remain in effect until such time as a document
terminating this WWTP Easement is signed by Heater and all of the owners of the WWTP Property and
recorded in the public land records of Wake County.
[Next Page is Signature Page]

(Page 7 of 17)
BKO12834PGO2284
[Signature Page to Wastewater Treatment Plant Easement Agree►new]
IN WITNESS WHEREOF, the parties have caused this WWTP Easement to be duly executed in
their respective corporate names, all by authority duly given, the day and year first above written.
HASENTREE CORP.
r�
y:
Address: 8310 Bandford Way, Suite 101
Raleigh, North Carolina 27615
Fax: [phone]
HEATER UTILITIES, INC.
By: ,.�,4.f ,S• n,-T---- President
Address: 202 MacKenan Court
Cary, NC 27511
Attn:
Fax: [phone]

(Page 8 of 17)
BKO12834PGO2285
STATE OF �Oklli ILIM
COUNTY OF A
1,the undersigned, a Notary Public of the County and State aforesaid, certify that
0AieLTQ4 ,A&YET7E whose identity has been proven by satisfactory
evidence, said evidence being:
® I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
who is the VICE f 6StDC-NT of HASENTREE CORP., a North Carolina corporation, personally
appeared before me this day -and acknowledged that (s)t�. is \,I CC- Pr
ESIp T of HASENTREE
CORP. and that as V CE f :t9S06r-T being duly authorized to do so, voluntarily executed the
foregoing instrument on behalf of said company for the purposes stated therein.
W' ness my hand and official stamp or seal this '7 day of ©G7-066W 2007.
Notary blic r
Print me: �i}��! IrtN �OrAtdOt!(C
My Commission Expires: 6-16-0
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE[
F�
NOTARY
ss* ni
��FCOt1NtV
��,r

(Page 9 of 17)
BKO12834PGO2286
STATE OF C�_
COUNTY OF
I, the undersigned, Not ry Public of the County and State aforesaid, certify that
7 7�`(�O�p S r a aS , whose identity has been proven by satisfactory
evidence, said evidence being:
I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that he/she is President of HEATER
UTILITIES, INC., a South Carolina corporation, and that he/she, in such capacity and being authorized to
do so, voluntarily executed the foregoing on behalf of the corporation for the purpose stated therein and in
the capacity indicated.
Witness my hand and official stamp or seal this day of ���}e 200'�.
a�
Notary Public\
Print Name:
My Commission Expires:
[AFFIX 1�.1G AL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE
tbN
9

(Page 10 of 17)
BKO12834PGO2287
CONSENT OF LENDER
SunTrust Bank ("Lender"), owner and holder of notes given by Hasentree Corp. (the
"Borrower"), and secured by the following:
Deed of Trust dated August 26, 2005 recorded in Book 11547 at Page 1806, Wake
County Registry; and
SunTrust Bank hereby consents to the subordination of its lien herein referenced to the
Wastewater Treatment Plant Easement Agreement
rN WITNESS WH REOF, the undersigned have duly executed these presents under seal as of
the 9 fIL. day of � -�.K .e,/ , 2007.
LENDER:
SunTrust Bank, success i
to Cen aI Carolina Bank
and Trust Compa n
By: (�
Name: C A i2%G�c
Title t;a+ V,,,President
10

(Page 11 of 17)
BKO12834PGO2288
STATE OF
COUNTY OF
I, —the IIuntsi ed, a Notary Public of the County and State aforesaid, certify that
e Q t1-A E +e _ , whose identity has been proven by satisfactory
evidence, said evidence being:
u I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that�be/sl;e is P President of SunTrust Bank,
and that he/*e, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf
of the corporation for the purpose stated therein and in the capacity indicated.
Witness my hand and official stamp or seal this f� day ofUm 200a.
Notary blic
y
Print Name: � on ,n, 1� h .�/
My Commission Expires: ��� `F' �0y
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]
=ON4A I WIM1E
NakrY h"c
ftIM County
Skoe of Norm camYna
MVConxntalon ExOM Nov 4. 2002

(Page 12 of 17)
BKO12834PGO2289
CONSENT OF LENDER
SunTrust Bank ("Lender"), owner and holder of notes given by Waterford, LLC (the
"Borrower"), and secured by the following:
Deed of Trust dated October 30, 2001 and recorded in Book 9137, Page 1709, Wake
County Registry and Supplemental Deed of Trust dated July 12, 2002 and recorded in
Book 9516, Page 1362, Wake County Registry and Modification Agreement dated
August 26, 2005 and recorded in Book 11547, Page 1783, Wake County Registry;
(collectively the "Deeds of Trust")
SunTrust Bank hereby consents to the subordination of its lien herein referenced to the
Wastewater Treatment Plant Easement Agreement
WITNESS WHE OF, the undersigned have duly executed these presents under seal as of
they g day of pep e.�e Ie C 2007.
LENDER:
SunTrust Bank, successor in interest to Central Carolina Bank
and Trust Comp
By: 6�
Name: —_ �:b 6ARLTEOZ
Title Fiest V;e-c- President
12

(Page 13 of 17)
BKO12834PGO2290
STATE OF v
COUNTY OF
I, th undersigned, a Notary Public of the County and State aforesaid, certify that
�rA. Cam,+-_r , whose identity has been proven by satisfactory
evidence, said evidence being:
dI have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that he44-- is President of SunTrust Bank,
and that he/skc, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf
of the corporation for the purpose stated therein and in the capacity indicated.
14
Witne s my hand and official stamp or seal this � day of SP..��'e.nb 6 r 200 .
Notary Oblic ` l`
Print Name: 5D n C .,e-
My Commission Expires: at) y 7
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]
huion Cou*
Sk** c1 Nodh Carcbm
my camnw�Mon E�IrM Nov �, 200�
13

(Page 14 of 17)
BKO12834PGO2291
CONSENT OF LENDER
Waterford, LLC ("Lender"), owner and holder of notes given by Hasentree Corp, (the
"Borrower'), and secured by the following:
Deed of Trust dated August 26, 2005 recorded in Book 11547 at Page 1824, Wake
County Registry.
Waterford, LLC hereby consents to the subordination of its lien herein referenced to the
Wastewater Treatment Plant Easement Agreement
IN WITNESS WHEREOF, the undersigned have duly executed these presents under seal as of
the +j _ day ofdPC iI:OAd R , 2007.
LENDER:
0M

(Page 15 of 17)
BKO12834PGO2292
STATE OF gCeTH 0ARoLmA
COUNTY OF 0JAKE
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
QAeL-TON UYIia�6- 6 whose identity has been proven by satisfactory
evidence, said evidence being:
R I have personal knowledge of the identity of the principal(s)
I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that lbg/she is ArtA&-f of Waterford, LLC, and
that [p/she, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf of
the corporation for the purpose stated therein and in the capacity indicated.
I
ess my nd and official stamp or seal this � day of a-T066R 2001.
Noraroublic
Print Name: a�j��.rCiVl�
My Commission Expires: 6 - I6-o8
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]
ILI

(Page 16 of 17)
BK012834PG02293
EXHIBIT A
WWTP Property
Beginning at a computed point with N.C. grid coordinates of north 818,943.66 and east 2,122,035.26,
Said computed point being located south 56 0 V59" west, a distance of 27.75 feet from an existing iron
pipe with N.C. grid coordinates of north 818,959.16 and east 2,122,058.28. Thence from said beginning
point south 36 40'43" east a distance of 292.94 feet to a computed point; thence south 54 14"00" west a
distance of 242.07 feet to a computed point; thence north 34 58"05" west a distance of 68.09 feet to a
computed point; thence north 44 45'53" west a distance of 51.88 feet to a computed point; thence along a
curve to the left having an arc length of 115.76 feet, a radius of 90.00 feet, and a chord bearing and
distance of north 81 36'48" west 107.95 feet to a computed point; thence along a curve to the right having
an arc length of 261.15 feet, a radius of 550.00 feet, and a chord bearing and distance of south 75 08'25"
west 261.15 feet to a computed point; thence along a curve to the left having an arc length of 145.23 feet,
a radius of 200.00 feet, and a chord bearing and distance of south 67 56'21" west 142.06 feet to a
computed point; thence south 47 08' 10" west a distance of 339.29 feet to a computed point; thence along
a curve to the right having an arc length of 50.01 feet, a radius of 870.00 feet, and a chord and distance of
north 42 48'02" west 50.00 feet to a computed point; thence north 47 08' 10" east a distance of 339.24
feet to a computed point; thence along a curve to the right having an are distance of 181.54 feet, a radius
of 250.00 feet, and a chord bearing and distance of north 67 56'21" east 177.58 feet to a computed point;
thence along a curve to the left having an arc length of 237.40 feet, a radius of 500.00 feet, and a chord
bearing and distance of north 75 08'25" east 235.18 feet to a computed point; thence along a curve to the
right having an arc length of 91.98 feet, a radius of 140.00 feet, and a chord bearing and distance of north
80 21'36" east 90.34 feet to a computed point; thence north 34 58'05" west a distance of 151.18 feet to a
computed point; thence south 52 28'56" west a distance of 27.75 feet to a computed point; thence south
60 33'56" west a distance of 102.21 feet to a computed point; thence south 88 01'33" west a distance of
49.07 feet to a computed point; thence north 59 04'48" west a distance of 7.02 feet to a computed point;
thence south 27 35' 14" west a distance of 51.99 feet to a computed point; thence north 62 33'24" west a
distance of 60.00 feet to a computed point; thence north 27 35' 14" east a distance of 55.63 feet to a
computed point; thence north 59 04'48" west a distance of 8.36 feet to a computed point; thence north 26
52'50" west a distance of 100.04 feet to a computed point; thence north 25 12,59" west a distance of
98.65 feet to a computed point; thence north 26 41'03" west a distance of 84.68 feet to a computed point;
thence north 23 13'07" west a distance of 86.11 feet to a computed point; thence north 21 56'03" west a
distance of 114.72 feet to a computed point; thence north 23 07'09" west a distance of 200.78 feet to a
computed point; thence north 33 04'28" west a distance of 22.26 feet to a computed point; thence north
25 14'31" west a distance of 83.04 feet to a computed point; thence north 24 52' 13" west a distance of
57.56 feet to a computed point; thence north 07 49'00" west a distance of 24.18 feet to a computed point;
thence north 13 08' 17" east a distance of 31.95 feet to a computed point; thence north 48 17'33" east a
distance of 29.28 feet to a computed point; thence north 75 34'40" east a distance of 35.95 feet to a
computed point; thence south 86 35'22" east a distance of 34.98 feet to a computed point; thence south 64
27'45" east a distance of 28.32 feet to a computed point; thence south 38 55'36" east a distance of 61.62
feet to a computed point; thence south 38 30'27" east a distance of 61.23 feet to a computed point; thence
south 43 05' 17" east a distance of 86.85 feet to a computed point; thence south 43 09'01" east a distance
of 151.23 feet to a computed point; thence south 43 10'29" east a distance of 37.97 feet to a computed
point; thence south 31 05'53" east a distance of 200.52 feet to a computed point; thence south 29 29'37"
east a distance of 111.77 feet to a computed point; thence south 28 17'24" east a distance of 146.40 feet to
a computed point; thence south 81 09'30" east a distance of 190.30 feet to a computed point; said
computed point being the point and place of beginning and containing 8.381 acres.
TOGETHER WITH all casement rights as described in the Declaration of Covenants, Conditions,
Easements and Restrictions for Hasentree recorded in Book 11938, Page 2314, Wake County Registry.
U52000 9761489.5

(Page 1 of 17)
8KO13037PGO2573 Effluent Easement & Irrigation Agreement - Hasentree 05-17-08
WAKE COUNTY. NC 469
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
04/04/200B AT 15:21:08
BOOK:013037 PAGE:02573 — 02589
EFFLUENT EASEMENT AND IRRIGATION AGREEMENT
RETURN TO:
Kilpatrick Stockton LLP (CAB)
3737 Glenwood Avenue, Suite 400
Raleigh, NC 27612
This EFFLUENT EASEMENT AND IRRIGATION AGREEMENT (the "Effluent Easement
Agreement") is made and entered into as of the 17'h day of May, 2007, by HASENTREE CORP., a North
Carolina corporation ("Iasentree Corp."), and HEATER UTILITIES, INC., a South Carolina
corporation ("Ileater").
W I T N E S S ET 114:
THAT WHEREAS, Hasentree Corp. is the developer of a proposed development called
Hasentree (as defined below); and
WHEREAS, Hasentree Corp., Lowery Services LLC and Heater have entered into the
Acquisition Agreement (as defined below) whereby Heater will acquire the Wastewater Utility System
(as defined below) serving Hasentree, with Heater owning and operating the facilities as a utility company
regulated by the Commission (as defined below) and DWQ (as defined below) for wastewater service;
and
WHEREAS, Heater is a public utility company in the business of providing wastewater service to
conununities such as Hasentree.
NOW, "THEREFORE, in consideration of good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Hasentree Corp. and Heater intending to be legally bound,
agree as follows:
Definitions.
1.1 ''Acquisition Agreement " shall mean that certain Amended and Restated Agreement for
the Installation, Conveyance, and Operation of the Wastewater Utility System Serving Hasentree, dated as
of May 17, 2007, executed among Hasentree Corp., Lowery Services LLC and Heater.
1.2 "Commission " shall mean the North Carolina Utilities Commission.
US2000 9258540.9

(Page 2 of 17)
BKO13037PGO2574
1.3 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of
Envirotunent and Natural Resources.
1.4 "Easement Areas" shall mean the Primary Spray Areas (as defined below) and
Monitoring Locations (as defined below) identified in the Permit (as defined below) and generally
depicted on the map attached as Exhibit A.
1.5 "Easement Property" shall mean the property described on Exhibit B attached hereto.
1.6 "Effluent Easement Agreement" shall mean this Effluent Easement and Irrigation
Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to
time.
1.7 "Effluent Storage Pond" shall mean the 21 million gallon storage pond at Hasentree to be
owned and operated by Heater pursuant to the Acquisition Agreement in which the Reuse Effluent (as
defined below) will be stored after treatment at the WWTP (as defined below), and from which the Reuse
Effluent will then be pumped to be sprayed onto the Spray Areas.
1.8 "GPD" shall mean gallons per day.
1.9 "Hasentree " shall mean the property being developed by Hasentree Corp., known as
Hasentree located on NC Highway 98 in Wake County, North Carolina, which shall initially consist of
approximately 432 residential lots, a golf course, clubhouse, family activities center, water and swim
pavilion, fitness center, tennis complex, trail system and other recreation and amenity areas.
1.10 "Hasentree Corp. " shall mean Hasentree Corp., the developer of Hasentree.
1.11 "Monitoring Locations " shall mean the groundwater monitoring wells and surface water
sampling points to be located from time to time on the Easement Property in compliance with the
requirements of the Pen -nit.
1.12 "Permit " shall mean Permit No. WQ0021934 for the operation of the Wastewater Utility
System (as defined below) and Spray Irrigation Facilities (as defined below) issued by DWQ, as the same
may be modified or renewed from time to time.
1.13 "Primary Reuse Effluent Pumping Station " shall mean that certain pump house, pumps
and controls to be located near the Effluent Storage Pond that shall be used to pump Reuse Effluent to and
through the Primary Spray Irrigation Facilities (defined below) at Hasentree.
1.14 "Primary Spray Areas" shall mean those areas at Hasentree required for disposal of
Reuse Effluent pursuant to the Permit. The Primary Spray Areas are depicted in Exhibit C attached
hereto.
1.15 "Primary Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, the
Primary Reuse Effluent Pumping Station, pumps, booster pumps, irrigation and spray devices, controls
and other devices used in the application of Reuse Effluent from the Effluent Storage Pond upon the
Primary Spray Areas.
1.16 "Reuse Effluent " shall mean the wastewater that has been treated by Heater to the point
that it meets the effluent quality standards required by the Permit.
U520DD 9258540.9

(Page 3 of 17)
BKO13037PGO2575
1,17 "Reuse Effluent Pumping Struion " shall mean the Primary Reuse Effluent Pumping
Station and the Secondary Reuse Effluent Pumping Station (defined below), either individually or
collectively as the context requires.
. 1.18 "Secondary Reuse Eff cent Pumping Station " shall mean any pump house, pumps and
controls located near the Effluent Storage Pond used to pump Reuse Effluent to and through the
Secondary Spray Irrigation Facilities (defined below) at Hasentree,
1.19 "Secondary Spray Areas" shall mean all areas at Hasentree that have been or may in the
future be permitted by DWQ for spray irrigation of Reuse Effluent, other than the Primary Spray Areas.
1.20 `'Secondary Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, the
Secondary Reuse Effluent Pumping Station, pumps, booster pumps, irrigation and spray devices, controls
and other devices used in the application of Reuse Effluent from the Effluent Storage Pond upon the
Secondary Spray Areas.
1.21 "Spray Areas" shall mean the Primary Spray Areas and the Secondary Spray Areas,
collectively.
1.22 "Spray Irrigation Facilities" shall mean the Primary Spray Irrigation Facilities and the
Secondary Spray Irrigation Facilities, collectively.
1.23 "Upset Storage Pond" shall mean the existing I million gallon, five-day retention pond
approved by DWQ and located near the WWTP at Hasentree for the retention of wastewater during
WWTP upsets.
1.24 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers
wastewater to the WWTP, the Upset Storage Pond, the Effluent Storage Pond, all lift stations, and other
facilities used in the collection, treatment, holding and disposal of the wastewater, other than the Spray
Irrigation Facilities.
1.25 "WWTP" shall mean the wastewater treatment plant located within Hasentree.
2. Treatment and Storage. Heater shall treat the wastewater created by customers and common area
facilities within Hasentree in the WWTP and then discharge the Reuse Effluent into the Effluent Storage
Pond. The Reuse Effluent shall be treated by Heater to the standards established by DWQ in the Pen -nit,
3. Withdrawal and Spray Irrigation. Hasentree Corp. shall be responsible for the operation,
maintenance, repair and replacement of the Spray Irrigation Facilities, and for all aspects of the daily
operation of the Spray Irrigation Facilities by a certified spray irrigation operator including all
recordkeeping and reporting required by the Permit. Neither aesthetic considerations nor any other
requirement or concern related to the landscaping or maintenance of the Spray Areas shall justify or
excuse any violation of the Permit.
4. Spraying Activities. Hasentree Corp. shall cause its certified spray irrigation operator to spray the
Reuse Effluent onto the Spray Areas. The spray irrigation shall be perfonned in compliance with all
DWQ requirements subject to oversight by Heater as the DWQ permittee. Hasentree Corp. shall cause its
certified operator to provide to Heater all of its monthly application rates including amounts withdrawn
from the Effluent Storage Pond, amounts sprayed on each DWQ approved Spray Area, application rates
and all other Reuse Effluent spray irrigation information required on Heater's monthly reports to DWQ.
U52000 9258540.9

(Page 4 or 17)
BKO13037PGO2576
Hasentree shall cause its certified spray irrigation operator to provide this information to Heater
electronically by the tenth (10"') day of each month.
5. Maintainintt Effluent Storage Pond Level. Hasentree Corp. shall cause its certified spray
irrigation operator to monitor the level of the Reuse Effluent in the Effluent Storage Pond and to maintain
the level in the Effluent Storage Pond at or below the DWQ required freeboard level. During the spring,
summer and fall months, Hasentree Corp. agrees to remove Reuse Effluent from the Effluent Storage
Pond and spray it onto the Spray Areas to the extent commercially reasonable, so as to maximize storage
capacity for winter months when demand for irrigation water is low. During winter months, Hasentree
Corp. shall remove Reuse Effluent from the Effluent Storage Pond and spray it onto the Spray Areas as
conditions permit. Notwithstanding the foregoing, nothing in this Effluent Easement Agreement shall be
construed to require Hasentree Corp. or its certified spray irrigation system operator to take any action
that would constitute a violation of the Permit or of any law or regulation,
Minimum Required Withdrawal.
6.1 Hasentree Corp. shall cause its certified spray irrigation system operator to remove from
the Effluent Storage Pond and spray onto the Spray Areas all of the available Reuse Effluent up to a
maximum annual amount of 70,988,850 gallons. Should DWQ approve a flow reduction for the
Wastewater Utility System, there will not be a reduction in the 70,988,850 gallons Hasentree Corp. is
required to spray onto the Spray Areas on an annual basis.
6.2 If, at any time, there is an inadequate supply of Reuse Effluent to meet the irrigation
^ needs of the Spray Areas, Hasentree Corp. in its reasonable discretion shall have the right to pump surface
water, groundwater or potable water into the Effluent Storage Pond, for use in irrigating the Spray Areas,
provided that Hasentree Corp. has obtained Heater's prior consent, which shall not be unreasonably
withheld, conditioned or delayed, and has obtained all necessary permits required for such pumping, if
any.
7. Heater's Right to Assume Spraying Operations. Hasentree Corp, shall operate the Spray
Irrigation Facilities in such a manner and with sufficient frequency to distribute Reuse Effluent in
accordance with Section 5. If, in the reasonable opinion of Heater, Hasentree Corp. is not operating the
Spray Irrigation Facilities in accordance with the terns of this Effluent Easement Agreement or DWQ
requirements, then Heater shall give Hasentree Corp. written notice to improve such operation procedures
and, if Hasentree Corp. fails or refuses to do so within ten (10) calendar days after receipt of said written
notice, then, at Heater's option, Heater shall have the right to (a) enter the Primary Spray Areas and
undertake such responsibilities to the extent necessary to operate the Primary Spray Irrigation Facilities to
accomplish the purposes of this Effluent Easement Agreement and (b) disable operation of the Secondary
Spray Irrigation Facilities, solely to the extent necessary to stop any violation of the Pennit in connection
therewith. Heater may charge Hasentree Corp. for the reasonable and necessary costs actually incurred in
connection with the operation of the Primary Spray Irrigation Facilities. Notwithstanding the foregoing,
nothing herein shall relieve Hasentree Corp. from the continuing obligation of operation of the Primary
Spray Irrigation Facilities. Should Heater assume the responsibility to operate the Primary Spray
Irrigation Facilities, it shall have no obligation to operate the Primary Spray Areas or Primary Spray
Irrigation Facilities for any purpose other than irrigation with the Reuse Effluent, Heater shall use
commercially reasonable efforts to avoid damage to the Spray Irrigation Facilities and the Spray Areas in
the exercise of its rights hereunder.
8. Testing and Inspections. Heater shall be responsible for conducting any and all effluent,
groundwater, surface water, and soil sampling, and associated recordkeeping and reporting, required by
US2000 9258540.9

(Page 5 of 17)
BKO13037PGO2577
the Pen -nit. Heater shall have the right, at any time and upon reasonable notice to I-fasentree Corp., to
enter the Easement Property: (a) to inspect and review the operation and maintenance of the Primary
Spray Irrigation Facilities; (b) to take soil borings and conduct any other tests required by the Pen -nit; and
(c) to perform groundwater and surface water monitoring within the Easement Areas as required by the
Pen -nit (including the installation and maintenance of Monitoring Locations); provided, however, that (i)
Heater's testing and inspection activities on the Easement Property shall not interfere with the intended
use of the Easement Property, and (ii) Heater shall use commercially reasonable efforts to avoid damage
to the Spray Irrigation Facilities and the Easement Property.
9. Service Interruption. In the event of service interruptions caused by a malfunction of the
Wastewater Utility System, Heater shall exercise due diligence in completing the necessary repairs and
restoring Reuse Effluent delivery to the Effluent Storage Pond. In the event of service interruption caused
by a malfunction of the Spray Irrigation Facilities, Hasentree Corp. shall exercise due diligence in
completing the necessary repairs and restoring Reuse Effluent irrigation to the Spray Areas.
10. Grant of Easement.
10.1 Hasentree Corp. hereby grants and conveys to Heater, its successors and assigns forever,
a perpetual non-exclusive easement for the purpose of spraying Reuse Effluent on the Primary Spray
Areas, operating the Primary Spray Irrigation Facilities and other activities related thereto, including
installation and sampling of the Monitoring Locations, on the terms and subject to the conditions set forth
in this Effluent Easement Agreement. This easement allows such spraying on the Primary Spray Areas
and related activities within the Easement Areas, which are located within the Easement Property. The
right to spray and monitor pursuant to this easement is given without payment of any fee or other charge
being made therefore. Hasentree Corp. shall not further encumber the Easement Areas, or engage in any
activity therein, or grant any other interest or privilege therein to any other party, ilia[ would interfere with
Heater's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement
Agreement.
10.2 Hasentree Corp. further hereby grants to Heater, its successors and assigns forever, a
perpetual non-exclusive easement to the other portions of the Easement Property for ingress, egress,
regress and access to and from the Easement Areas and over, across, upon, and through the Easement
Property, as necessary for Heater to enjoy the rights and to fulfill its obligations under this Effluent
Easement Agreement, including the performance of soil borings and other testing required by the Permit,
without payment of any fee or other charge being made therefore. Hasentree Corp. shall not interfere
with or permit any other party to interfere with Heater's right of ingress, egress, regress and access
granted hereby. In the exercise of Heater's right of ingress, egress, regress and access, Heater shall, where
possible, use existing roads, paths, and other ways of travel to and from the Easement Areas. Heater shall
have no obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary care
in its use of the same. Where roads, paths, or other ways of travel do not exist, Hasentree Corp. shall
make reasonable efforts to specify ways of travel for Heater's use so as to permit Heater to enjoy the
privileges and fulfill the obligations created by this Effluent Easement Agreement without undue
interference. Heater shall use its best efforts to conduct its activities in the Easement Areas so as to avoid
any unreasonable and adverse interference with the nonnal use of the Easement Areas and other
Easement Property.
1 l . No Payments for Reuse Effluent. There will not be any payments now or at any time in the future
by Hasentree Corp. to Heater for the Reuse Effluent that will be sprayed on the Spray Areas. There will
not be any payments by Heater to Hasentree Corp. now or in the future for any aspect whatsoever of the
US2000 9258$40.9

(Page 6 of 17)
8KO13037PGO2578
operation, maintenance, and repair of the Spray Irrigation Facilities or for providing Heater the
information required for the DWQ reports.
12. Reuse Effluent Quality. HEATER SHALL NOT BE RESPONSIBLE FOR ACHIEVING
WATER QUALITY LEVELS IN THE REUSE EFFLUENT BEYOND THE REQUIREMENTS OF
THE PERMIT.
13. Permit Violations. Heater shall be responsible for addressing and resolving any enforcement
action taken by DWQ against Heater in response to any violation of the Permit. Notwithstanding the
foregoing, to the extent that any act or omission by Hasentree Corp, causes a violation of the Permit,
Hasentree Corp. shall be liable to Heater for the costs of remedying the violation and for any civil
penalties assessed against Heater as a result thereof.
14. General Provisions.
14.1 Binding upon Successors and Assigns. This Effluent Easement Agreement shall be
binding upon and shall inure to the benefit of Hasentree Corp. and Heater, and the successors and
permitted assigns of each. Hasentree Corp. may assign its rights and delegate its duties under this
Effluent Easement Agreement in whole or in part to a property owners association fonned with respect to
Hasentree, to a developer purchasing all or any portion of Hasentree or to an affiliate of Hasentree Corp.
Heater may assign its rights and delegate its duties under this Effluent Easement Agreement in whole or
in part to a purchaser of the WWTP, a certified operator of the WWTP or to an affiliate of Heater.
14.2 No Third Party Beneficiary Rights. Nothing expressed or referred to in this Effluent
Easement Agreement will be construed to give any person other than the parties to this Effluent Easement
Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement
Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a
successor or permitted assignee pursuant to Section 14.1 above.
14.3 Independent Contractor. The parties hereto are and shall be independent contractors to
one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an
agency, partnership, or joint venture between the parties hereto.
14.4 Counterparts. This Effluent Easement Agreement may be executed in one or more
counterpart signature pages (including facsimile counterpart signature pages), each of which will be
deemed to be an original of this Effluent Easement Agreement and all of which, when taken together, will
be deemed to constitute one and the same instrument.
14.5 Headings. The headings of particular provisions of this Effluent Easement Agreement
are inserted for convenience only and shall not be construed as a part of this Effluent Easement
Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent
Easement Agreement.
14.6 Enforcement of Agreement. Each party acknowledges and agrees that the other party
would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not
performed in accordance with their specific terns and that any breach of this Effluent Easement
Agreement by a party could not be adequately compensated in all cases by monetary damages alone.
Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity,
it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific
'—' performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or
U52000 9258540.9

(Page 7 of 17)
BKO13037PGO2579
threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any
bond or other undertaking.
14.7 Notices. All notices and other communications required or permitted hereunder shall be
in writing and shall be sent either (1) personally by hand delivery, (ii) by United States first-class mail,
postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile, in each case
addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement
Agreement (or at such other address or facsimile number as such party or permitted assignee shall have
furnished to the other parties hereto in writing). All such notices and other written com nunications shall
be effective on the date of delivery, mailing, or facsimile transmission.
14.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of this Effluent
Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or
continuing waiver of any such tern, condition or provision.
14.9 Entire Agreement. This writing and the documents referred to herein embody the entire
agreement and understanding between the parties hereto and there are no other agreements or
understandings, oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby.
14.10 Modifications in Writiniz. This Effluent Easement Agreement shall not be modified,
amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party
hereby waives any right to amend this Effluent Easement Agreement in any other way. Ally such
modifications shall be subject to DWQ's approval.
14.11 Consent to Jurisdiction. The parties hereto agree that the state and federal courts of North
Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies
arising out of, relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent
Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement
Agreement, whether such controversies sound in tort law, contract law or otherwise. Each of the parties
hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts,
agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses
otherwise available.
14.12 Governing, Law. This Effluent Easement Agreement shall be governed by the internal
substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of
law rules.
14.13 Recordation; Duration. Upon closing of the transactions contemplated by the Acquisition
Agreement, Heater shall record this Effluent Easement Agreement in the Register of Deeds of Wake
County, North Carolina at Heater's expense. The provisions of this Effluent Easement Agreement will run
with and bind title to the Easement Property, will be binding upon and inure to the benefit of all owners of
any portion of the Easement Property, and will be and remain in effect until such time as a document
terminating this Effluent Easement Agreement is signed by all of the owners of the Easement Property
and recorded in the public land records of Wake County.
14.14 Required Amendments. In the event that the Permit is modified, amended or expanded at
any time to permit additional or different land to be used for spray irrigation of Reuse Effluent, the parties
hereto shall execute and record an amendment to this Effluent Easement Agreement reflecting any such
change in the Easement Areas defined hereunder.
US20M 925WO.9

(Page 8 of 17)
BKO13037PGO2580
[Signature Page to Effluent Easement and Irrigation Agreement]
IN WITNESS WHEREOF, the parties have caused this Effluent Easement to be duly executed in
their respective corporate names, all by authority duly given, the day and year first above written.
us2wo 925850.9
HASENTREE CORP.
By: Carlton Midyette, Vice President
Address: 8310 Bandford Way, Suite 101
Raleigh, North Carolina 27615
Fax: [phone]
HEATER UTILITIES, INC.
By: NeifPVrips, Ptte�}de f
Address: 202 MacKenan C urt
Cary, NC 27511
Fax: [phone]

(Page 9 of 17)
BK013037PG02581
STATE OF
COUNTY OF
I, the un�der7n d, Notary Public of the County and State aforesaid, certify that
whose identity has been proven by satisfactory
evidence, said evidence being:
I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal's);
personally came before me this day and acknowledged that he/she is President of HEATER
UTILITIES, INC., a South Carolina corporation, and that he/she, in such capacity and being authorized to
do so, voluntarily executed the foregoing on behalf of die corporation for the purpose stated therein and in
the capacity indicated.
Witness my hand and official stamp or seal this -4,\_ day of 200,11.
`Z`C10.1�
Notary Public
Print Name:D`o�` p1 O
My Commission Expires: \
[AFFIX NOTARY SEAL BETE THAT SEAL MUST BE FULLY LEGIBLE]
US2000 9253W 9
I OTAW
PU"

(Page 10 of 17)
BK013037POO2582
[Signature Page to Effluent Easement and Irrigation Agreement]
iN WITNESS WHEREOF, the parties have caused this Effluent Easement to be duly executed in
their respective corporate names, all by authority duly given, the day and year first above written.
HASENTREE CORP.
arlton Midyett , icc P sident
Address: 8310 Bandford Way, S tte 101
Raleigh, North Carolina 27615
Fax: [phone]
HEATER UTILITIES, INC.
By: Neil Phillips, President
Address: 202 MacKenan Court
Cary, NC 27511
Fax: [phone]
US2000 929540.9

(Page 11 of 17)
BKO13037PGO2683
STATE OF il4l' a
COUNTY OF Ltd
1, t undersigned a Notary Public of the County and State aforesaid, certify that
whose identity has been proven by satisfactory
evidence, said evidence b ing:
5Q 1 have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ cr ible witness has sworn to the identity of the principal(s);
who is the Aen of HASENTREE CORP., a N rth olina corporation, personally
appeared before me this ay� d acknowledged that (s)he is of HASENTREE
CORP. and that as p .;ee_Q&1ejt _ being duly authorized to do so, voluntarily executed the
foregoing instrument on behalf of said company for the purposes stated therein.
Witness my h and official stamp or seal this % `day of200_1.
Notary Pu lic �
Print Name:
My Commission Ex i s:
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]
tiWendy Waring
Publicti
ti
Wake
_ S
North
s r�s r
US2000 9258540.9

(Page 12 of 17)
BKO13017PGO2584
US2000 9259W.9
EXHIBIT A
Easement Areas
(See Attached)

�i
1009 509 0
SCALE: I'
PRELIMI
FOR REVIE%
NOT RELE
FOR CONSTF
2.5 S1EEL COVER -,
r
iS RISER ! O
Z PVC a
W SCREENED
r we
TYPICAL MONITORII
Exhibit A
asement Areas
May 15, 2007
LEGEND
IW tt _O • GROUND WATER MONITORING LOCATION
(DWO PERMIT)
0 4 a-1sN
�!00!a4
Issas
IMARY SPRAY
EAS (TYP)
NOTE:
THE EASEMENT AREAS COMPRISE THE PRIMARY
SPRAY AREAS AND GROUND WATER MONITORING
LOCATIONS.
I nIs map Is not a certmeo survey
and has not been reviewed by a local
government agency for compliance
with any applicable land
development regulations.

(Page 14 of 17)
BKO13037PGO2586
EXHIBIT B
Easement Property
Special Use Areas:
The property designated as the "Special Use Areas" as the same is more particularly
described and depicted on the survey plat entitled "Plat Delineating Special Use Areas,
Hasentree Golf Community" recorded at MB 2006, Page 2248 in the Wake County Register of
Deeds.
Additional Well Lot
BEGINNING at a point having NC GRID Coordinates of N=817,068.26 and E=2, 120,
712.20, runs thence South 61°34'39" West 100.00 feet to a point that is the well head, runs
thence in a circle having a radius of 100 feet to the point of BEGINNING, and being Well Lot 19
shown on that survey entitled "Well Head Survey for Creedmoor Partners, LLC" dated March 7,
2007 by Chance Surveying Company, Inc.
Access to Well Lot:
BEGINNING at a point having NC GRID Coordinates of N=817, 130.33 and E=2,
120,819.54, runs thence along a curve to the left with a chord bearing and distance of South
69°32'52" East 25.87 feet, a radius of 50.00 feet and an arc length of 26.16 feet to an existing
iron pipe; runs thence South 59°48'36" West 130.29 feet to an existing iron pipe; runs thence
along a curve to the left with a chord bearing and distance of North 22°39' 14" West 20.10 feet, a
radius of 100.00 feet and an are length of 20.14 feet; runs thence North 61 °34'39" East 10.43 feet
to an existing iron pipe; runs thence North 5904836" East 113,57 feet to an existing iron pipe,
and being the point and place of BEGINNING, and being all of that area designated as "20'
Access and Utility Easement" as shown on that survey entitled "Well Head Survey for
Creedmoor Partners, LLC" dated March 7, 2007 by Chance Surveying Company, Inc.
US2000 9258540.9

(Page 15 of 17)
BKO13037PGO2587
US2000 92Sas44).9
EXHIBIT C
Primary Spray Areas
(See Attached)

L4i
00a 50a 0
SCALE. I
PRELIMII
FOR REVIEV{
NOT RELE
FOR CONSTR'
Exhibit C
,RY SPRAY AREAS
May 15, 2007
A
NOTES:
,4,Q ..
0
�q
111,11011 ,
IMARY SPRAY
,EAS (TYP)
I h,s map +s not a ceronea survey
and has not been reviewedcmp lance local by a
govemment agency fo
with any applicable land
development regulations.

Effluent Easement & Irrigation Amendment 1 - Hasentree 12-30-08
AMENDMENT NO. 1 TO
EFFLUENT EASEMENT AND IRRIGATION AGREEMENT
Return To: Cross reference to original filing:
Peggy -Sue Dodge Book 12037, Page 2573
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, North Carolina 27511
This AMENDMENT NO. 1 TO EFFLUENT EASEMENT AND IRRIGATION
AGREEMENT (the "Amendment") dated this -36-1-1 day of December, 2008, is made by and
between HEATER UTILITIES, INC., a South Carolina corporation, ("Heater"),
HASENTREE CORP., a North Carolina corporation ("Hasentree"), and LOWERY
SERVICES LLC, a North Carolina limited liability company ("Lowery") (collectively the
"Parties").
RECITALS:
WHEREAS, the Parties have previously entered into that certain Effluent Easement and
Irrigation Agreement, dated as of May 17, 2007, recorded on April 4, 2008 in Book 13037, Page
2573, Wake County Registry, North Carolina (the "Effluent Easement");
WHEREAS, concurrently with this First Amendment, the Parties are amending the
Restated Agreement so that Hasentree will serve as permittee for the Secondary Spray Areas in
accordance with a Conjunctive Use Permit (defined below) thereby shifting all liability for the
construction and operation of such Secondary Spray Areas from Heater to Hasentree who will
benefit from the use of Reuse Effluent to meet its irrigation needs; and
NOW, THEREFORE, in consideration of the rights, powers and duties hereinafter set
forth to be performed by each, the parties, intending to be legally bound, hereby agree as
follows:
1. Amendments.
US2000 1008220T3

(a) The Effluent Easement is hereby amended by adding the following definition:
1.26 "Conjunctive Use Permit" shall mean a permit for the operation of the
Secondary Spray Irrigation Facilities issued by DWQ.
(b) The Effluent Easement is hereby amended by deleting Section 3. and inserting the
following Section 3.:
3. Withdrawal and Spray Irrigation (Primary pra Areas). Hasentree Corp.
shall be responsible for the operation, maintenance, repair and replacement of the Primary Spray
Irrigation Facilities. Hasentree Corp. shall cause its certified spray irrigation operator to spray
the Reuse Effluent onto the Primary Spray Areas. The spray irrigation shall be performed in
compliance with the Non -Discharge Permit and all DWQ requirements subject to oversight by
Heater as the DWQ permittee. Neither aesthetic considerations nor any other requirement or
concern related to the landscaping or maintenance of the Primary Spray Areas shall justify or
excuse any violation of the Permit. Hasentree Corp. shall cause its certified operator to provide
to Heater all of its monthly application rates including amounts withdrawn from the Effluent
Storage Pond, amounts sprayed on each Primary Spray Area, application rates and all other
Reuse Effluent spray irrigation information required on Heater's monthly reports to DWQ.
Hasentree shall cause its certified spray irrigation operator to provide this information to Heater
electronically by the tenth (1 Oth) day of each month.
(c) The Effluent Easement is hereby amended by deleting Section 4. and inserting the
following Section 4.:
4. Withdrawal and SpraIrrigation (Secondary pray Areas). Heater shall
provide Reuse Effluent from the WWTP to Hasentree Corp. for irrigation of the Secondary
Spray Areas to the extent such Reuse Effluent is available from the WWTP under normal
operating conditions. Heater shall not be obligated to generate or provide Reuse Effluent if it is
not available from the WWTP. Hasentree Corp. shall ensure that the Primary Spray Areas are
irrigated to maintain the vegetative cover pursuant to the Permit before making Reuse Effluent
available to the Secondary Spray Areas. Hasentree Corp. shall be responsible for the operation,
maintenance, repair and replacement of the Secondary Spray Irrigation Facilities. Hasentree
Corp. may spray Reuse Effluent onto the Secondary Spray Areas in compliance the Conjunctive
Use Permit and all DWQ requirements.
(d) The Effluent Easement is hereby amended by deleting Section 6.1 and inserting the
following Section 6.1.:
6.1. Hasentree Corp. shall cause its certified spray irrigation system operator to
remove from the Effluent Storage Pond and spray onto the Primary Spray Areas all of the
available Reuse Effluent up to a maximum annual amount of 70,988,850 gallons. Should DWQ
approve a flow reduction for the Wastewater Utility System, there will not be a reduction in the
maximum amount of 70,988,850 gallons that Hasentree Corp. is required to spray onto the Spray
Areas on an annual basis. Any Reuse Effluent that Hasentree Corp. sprays on the Secondary
Spray Areas shall be applied toward the 70,988,850 gallons of Reuse Effluent that Hasentree
Corp. is required to remove under this Section 6.1.
2
US2000 100822073

(e) The Effluent Easement is hereby amended by inserting the following language to
the end of Section 13.:
Hasentree Corp. shall be responsible for addressing and resolving any
enforcement action taken by DWQ against Hasentree Corp. in response to any violation of the
Conjunctive Use Permit. Hasentree Corp. shall indemnify and hold Heater harmless against any
violations, fines or other enforcement actions by DWQ associated with the Conjunctive Use
Permit. Notwithstanding the foregoing, to the extent that any act or omission by Heater causes a
violation of the Conjunctive Use Permit, Heater shall be liable to Hasentree Corp. for the costs of
remedying the violation and for any civil penalties assessed against Hasentree Corp. as a result
thereof.
2. General.
(a) All capitalized terms not defined herein shall have the same meaning as set forth
in the Effluent Easement. Any conflict between the terms of this First Amendment and the
Effluent Easement will be resolved in favor of this First Amendment.
(b) Except as amended hereby, all the terms and provisions of the Effluent Easement
shall remain in full force and effect. Any references in the Effluent Easement to the Effluent
Easement shall hereinafter be deemed to refer to the Effluent Easement as amended by this First
Amendment.
— (c) This First Amendment may be executed in any number of counterparts, each of
which, when executed, shall be deemed an original and all of which shall be deemed one and the
same instrument. Facsimile transmission signatures of this First Amendment shall be deemed to
be original signatures.
[signatures appear on following pages]
US2000 10082207.3

[signature page to Second Amendment]
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the
day and year first above written.
HASENTREE CORP.
By:
;�
Name: Carlton dye
Title: Vice President
LOWERY SERVICES LLC
By:
ame: Carlton �idyette
Title: Mana er
HEATER UTILITIES, INC.
By:
Name: Thomas J. Roberts
Title: President
4
US2000 10092207.3

[signature page to Second Amendment]
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the
day and year first above written.
HASENTREE CORP.
Name: Carlton Midyette
Title: Vice President
LOWERY SERVICES LLC
By:
Name: Carlton Midyette
Title: Manager
HEA
G
Y�
Name: Thom J. Roberts
Title: Pre 'dent
4
US2000 10082207.3

STATE OF NORTH CAROLINA
COUNTY OF 1 �) O K C
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
0 n 2 l- `t-C' M (�') l � �( C- T 7"L whose identity has been proven by satisfactory
evidence, said evidence being:
I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
who is the �110E a_(.-:5( �Cy� of HASENTREE CORP., a North Carolina corporation, personally
appeared before me this day -and acknowledged that (Ohe is HASENTREE
CORP. and that as being duly authorized to do so, voluntarily executed the
foregoing instrument on behalf of said company for the purposes stated therein.
W' ess my l�agd and official stamp or seal this day of . J 610 TI � 200�.
Notary ublic
Print me:l'Ypr2-y
My Commission Expires
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]
�O Is
Ry°nc
/o�nAolodofoomao
��®�d�.'188dgd0d�bba
US2000 10092207.3
5

STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, the undersigned, a Notary Public of the County and State aforesaid, certify that THOMAS J.
ROBERTS, PRESIDENT of HEATER UTILITIES, INC., whose identity has been proven by
satisfactory evidence, said evidence being:
® I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or
federal identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that he is PRESIDENT of HEATER
UTILITIES, INC. and that he, in such capacity and being authorized to do so, voluntarily
executed the foregoing on behalf of the corporation for the purpose stated therein and in the
capacity indicated.
Witness my hand and official stamp or seal this day of December, 2008.
Notary Public Signature n
Print Namer k `i
My Commission Expires: - - .Jt- 2 (
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]

e)
NORTH
1000' 500' 0 1000' 2000
SCALE: I " = 1000'
PRELIMINARY
FOR REVIEW ONLY
NOT RELEASED
FOR CONSTRUCTION
NC 98
i
Exhibit B
Easement Property
May 10, 2007
NnTFS-
1) THE WASTEWATER TREATMENT
FACILITY AND POND ARE NOT
WITHIN 50' OF ANY PROPERTY
LINES (PER T15A:02H.0200).
2) EFFLUENT SPRAY IRRIGATION IS
LIMITED TO OPEN SPACE AREAS ONLY.
Note:
The WWTP Property includes the Upset
Pond, Wastewater Treatment Facility,
Irrigation Pond, and Irrigation Pump Station.