WQ0021934_More Information Received_20230203

Initial Review
Reviewer
Thornburg, Nathaniel D
Is this submittal an application? (Excluding additional information.) *
Yes No
If not an application what is the submittal type?* Annual Report
Residual Annual Report
Additional Information
Other
Permit Number (IR) * WQ0021934
Applicant/Permittee Aqua North Carolina, Inc.
Email Notifications
....... ........ ......... .........
Does this need review by the hydrogeologist? * Yes No
Regional Office
CO Reviewer
Admin Reviewer

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
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
Perm it Type:*
Wastewater Irrigation
High -Rate Infiltration
Other Wastewater
Reclaimed Water
Closed -Loop Recycle
Residuals
Single -Family Residence Wastewater
Other
Irrigation
Permit Number: *
WQ0021934
Has Current Existing permit number
Applicant/Permittee Address*
202 MACKENAN COURT, CARY, NC 27511
Facility Name*
Hasentree WWTP
Please provide comments/notes on your current submittal below.
N/A
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.)
Hasentree -Add Info Response -Transmittal Letter.pdf 11.91 MB
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
t1N7�EWr✓O�ZS
Submission Date 2/3/2023

AOUA,.
An AEssential Utilities Company
February 3, 2023
NCDEQ / DWQ/ NON -DISCHARGE BRANCH
Re: ADD INFO REQUEST for Non -Discharge Permit Renewal Application
Aqua North Carolina, Inc.
Hasentree
NPDES Permit WQ0021934
Wake County
Enclosed is a single PDF file of the completed ADD INFO REQUEST. This
submittal includes the necessary attachments for your office to complete the
renewal of 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
ABNorrisPaauaamerica.com.
Sincerely,
Andrew Norris, PE
Project Engineer
Aqua North Carolina, Inc.
Enc
- SEAL -
052506 02/03t2023
•ENGINEER . N�,\\,.�
111111111411ti,���\
202 MacKenan Court, Cary, NC, 27511 • 919.653.6975 • [e-mail]

A. Reclaimed Water System — Renewal (FORM: RWS-R 02-21):
In Section IX, the Deeded owner for the parcels listed do not
match the owners that are shown on the Wake County NAPS
online GIS map. This section shall be updated with the correct
owners, and any Easement, Encroachment, and Lease
Agreement applicable shall be provided to verify that the
Permittee is allowed to operate and maintain the reclaimed
water facilities on property not owned by the Permittee.
Aqua Response: This section has been
owners and is attached, along with the
Irrigation Easement Agreements.
B. Attachment C — Flow Reduction:
updated with the correct
WWTP and Effluent and
It was indicated in this attachment that there was not an approved
flow reduction in the existing permit. However, Conditions 1.1.,
VIA., and V1.5. of the existing permit indicate a data -based design
flow rate of 240 gallons per day per home (GPD/home). In
accordance with this attachment, the flow reduction approval
letter shall be provided, as well as the measured monthly average
amount of wastewater flow contributed per home for the 12
months prior to permit renewal.
Aqua Response: See attached flow reduction approval letter and
the measured monthly average amount of wastewater flow
contributed per home for the 12 months prior to permit renewal.

C. Attachment I — Compliance Schedules:
See Item B.1. Condition 1.1. of the previous permit stated that
within 60 days of the permit effective date, the Permittee shall
re-evaluate the approved value using the methodology used to
determine in the approved flow rate of 240 GPD/home or lot and
submit this information as required in Condition VIA. Condition
VIA. requests the actual monthly average amount of wastewater
flow contributed per unit for the 12 months prior to permit
renewal and re-evaluate the approved value if monthly averages
are within 20% of the approved value. This information shall be
provided for review, and a re-evaluation of the approved 240
GPD/home shall be provided if required.
Aqua Response: Current permit renewal date is February 28,
2023, so 12 months prior to permit renewal would be January
2022 to January 2023. See attached Table 1 for this requested
data None of the monthly averages are within 20% of the
approved value and so a re-evaluation of the approved 240
GPD/home flow reduction is not required.

D. Existing Permit:
The Attachment B in the existing permit lists the Dedicated Land
Application Sites (previously Non -Conjunctive Land Application
Sites) associated with the permit. This Attachment appears to
group common areas of Front 9 Fairways and Greens, Back 9
Fairways and Greens, Practice Areas and Greens, and Driving
Range Tees and Fairways. However, it is unclear whether these
field areas are irrigated as single zones with uniform applications
based on the irrigation operations at this facility. If there are
separate zones within the fields as they are listed in Attachment B
that irrigate separately and at different rates, they shall be listed
as separate fields for monitoring purposes of the land application
fields
If the subzones are irrigated separately within the fields as they
are currently listed, they shall be listed in an updated Section a
of the RWS-R form with the location and area of the subzones.
Additionally, an updated site map shall be provided which shows
the approximate locations of the subzones with their wetted
areas.
Aqua Response: The subzones are irrigated separately within the
fields as they are currently listed in the permit in Attachment B,
and so Attachment B has been updated with the location and
area of the subzones. An updated site map is provided which
shows the approximate locations of the subzones with their
wetted areas.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 22, 2022
MICHAEL MELTON - ENGINEERING MANAGER
AQUA NORTH CAROLINA, INC.
202 MACKENAN COURT
CARY, NORTH CAROLINA 27511
Subject: Application No. WQ0021934
Additional Information Request
Hasentree WWTP
Reclaimed Water Generation and
Dedicated Utilization System
Wake County
Dear Mr. Melton:
Division of Water Resources' Central and Regional staff has reviewed the application package
received September 28, 2022. However, additional information is required before the review may be
completed. Please address the items on the attached pages no later than the close of business on January
23, 2023.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina
rules and regulations. Any oversights that occurred in the review of the subject application package are
still the Applicant's responsibility. In addition, any omissions made in responding to the outstanding items
in Sections A through D, or failure to provide the additional information on or before the above requested
date may result in your application being returned as incomplete pursuant to 15A NCAC 02T .0107(e)(2).
Please reference the subject application number when providing the requested information. All
revised and/or additional documentation shall be signed, sealed and dated (where needed), with an
electronic response submitted to my attention at: hiips:Hedocs.deg.nc.gov/Forms/NonDischarge-Branch-
Submittal-Form-Ver2.
If you have any questions regarding this request, please contact me at [phone] or
[e-mail]. Thank you for your cooperation.
Sincerely,
�2GC�P.dBrL �YaZ4;�
Erick Saunders, Engineer
Division of Water Resources
cc: Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORM CAROLINA -
oePemmeatoie�o�me�iQuar\ /� 919.707.9000

Mr. Michael Melton
December 22, 2022
Page 2 of 2
A. Reclaimed Water System — Renewal (FORM: RWS-R 02-21):
1. In Section IX, the Deeded owner for the parcels listed do not match the owners that are shown on
the Wake County MAPS online GIS map. This section shall be updated with the correct owners,
and any Easement, Encroachment, and Lease Agreement applicable shall be provided to verify that
the Permittee is allowed to operate and maintain the reclaimed water facilities on property not
owned by the Permittee.
B. Attachment C — Flow Reduction:
1. It was indicated in this attachment that there was not an approved flow reduction in the existing
permit. However, Conditions L1., VIA., and VL5. of the existing permit indicate a data -based
design flow rate of 240 gallons per day per home (GPD/home). In accordance with this attachment,
the flow reduction approval letter shall be provided, as well as the measured monthly average
amount of wastewater flow contributed per home for the 12 months prior to permit renewal.
C. Attachment I— Compliance Schedules:
See Item B. 1. Condition 1. 1. of the previous permit stated that within 60 days of the permit effective
date, the Permittee shall re-evaluate the approved value using the methodology used to determine
in the approved flow rate of 240 GPD/home or lot and submit this information as required in
Condition VIA. Condition VIA. requests the actual monthly average amount of wastewater flow
contributed per unit for the 12 months prior to permit renewal and re-evaluate the approved value
if monthly averages are within 20% of the approved value. This information shall be provided for
review, and a re-evaluation of the approved 240 GPD/home shall be provided if required.
D. Existing Permit:
The Attachment B in the existing permit lists the Dedicated Land Application Sites (previously
Non -Conjunctive Land Application Sites) associated with the permit. This Attachment appears to
group common areas of Front 9 Fairways and Greens, Back 9 Fairways and Greens, Practice Areas
and Greens, and Driving Range Tees and Fairways. However, it is unclear whether these field areas
are irrigated as single zones with uniform applications based on the irrigation operations at this
facility. If there are separate zones within the fields as they are listed in Attachment B that irrigate
separately and at different rates, they shall be listed as separate fields for monitoring purposes of
the land application fields
If the subzones are irrigated separately within the fields as they are currently listed, they shall be
listed in an updated Section IX of the RWS-R form with the location and area of the subzones.
Additionally, an updated site map shall be provided which shows the approximate locations of the
subzones with their wetted areas.

PAGE 3 OF PERMIT UPDATED PER State of North Carolina
DWR
COMMENTS A.I. AND D.I. Department of Environmental Quality
Division of Water Resources
Division of Water Resources 15A NCAC 02U — RECLAIMED WATER SYSTEM — RENEWAL
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

UPDATED PER COMMENTS A.1. AND D.1.
SECTION IX — UTILIZATION FIELDS
1. List all utilization fields associated with the renewing permit. Attach additional sheets if necessary.
Field
C ountyy
Parcel No.
Deeded Owner
Area
Cover Crop
Latitude
Longitude
Golf Hole
WAKE
1811878441
HASENTREE CC LLC
GOLF COURSE
# 1
9.00
SOD
35.9966830
-78.6003540
Golf Hole
WAKE
1811878441
HASENTREE CC LLC
GOLF COURSE
#2
8.30
SOD
35.9977030
-78.5995280
Golf Hole
WAKE
1811878441
HASENTREE CC LLC
GOLF COURSE
#3
4.50
SOD
35.9980870
-78.5971830
Golf Hole
WAKE
1821091633
HASENTREE CC LLC
GOLF COURSE
8.00
36.16610
-78.5937550
#4
SOD
Golf Hole
WAKE
1821190717,
HASENTREE CC LLC
GOLF COURSE
9S0
36.883°
-78.590488°
#5
1821183900
'
SOD
Golf Hole
WAKE
1821188452
HASENTREE CC LLC
GOLF COURSE
#6
4.10
SOD
35.9969030
-78.5873850
Golf Hole
WAKE
1821261540,
HASENTREE CC LLC
GOLF COURSE
#7
1821188452
9S0
'
SOD
35.9934380
-78.5868290
Golf Hole
WAKE
1821261540,
HASENTREE CC LLC
GOLF COURSE
#8
1821188452
9S0
'
SOD
35.9934710
-78.5878320
Golf Hole
WAKE
1821079497
HASENTREE CC LLC
GOLF COURSE
#9
8.10
SOD
35.9956530
-78.5908540
Golf Hole
WAKE
1811878441
HASENTREE CC LLC
GOLF COURSE
# 10
40
SOD
35.9923630
-78.5972240
Golf Hole
WAKE
1821040279
HASENTREE CC LLC
GOLF COURSE
# 11
7.90
SOD
35.9894790
-78.5929550
Golf Hole
WAKE
1821040279
HASENTREE CC LLC
GOLF COURSE
# 12
2.60
SOD
35.9868920
-78.5923720
Golf Hole
WAKE
1821040279
HASENTREE CC LLC
GOLF COURSE
# 13
7.30
SOD
35.9879770
-78.5951230
Golf Hole
WAKE
1811854410
HASENTREE CC LLC
GOLF COURSE
# 14
2.80
SOD
35.9898630
-78.5999480
Golf Hole
WAKE
1811755435
HASENTREE CC LLC
GOLF COURSE
# 15
7.50
SOD
35.9901920
-78.6026990
Golf Hole
WAKE
1811843459
HASENTREE CC LLC
GOLF COURSE
# 16
11.70
SOD
35.9872200
-78.6003410
Golf Hole
WAKE
1811878441
HASENTREE CC LLC
GOLF COURSE
# 17
2.90
SOD
35.9901370
-78.5975630
Golf Hole
WAKE
1811878441
HASENTREE CC LLC
GOLF COURSE
# 18
9.30
SOD
35.9928460
-78.5981050
Driving
WAKE
1811878441
HASENTREE CC LLC
GOLF COURSE
Range
13.90
SOD
35.9963000
-78.5972370
°
°
°
°
°
°
°
°
°
°
°
°
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

ATTACHMENT K— INDUSTRIAL WASTEWATER
Does the wastewater composition in Section I11, 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(e). 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 t SA NCAC 02T .0701(Q), provide setbacks waivers that have been written, notarized, signed by all parties
involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance
with 15A NCAC 02L .0107.
® No — Skip Attachment L.
APPLICANT'S CERTIFICATION
I, � FAC f :tJl 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 .0106fc). 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:
THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA:
Email:
Non-Discha rge.Reports(a)ncdenr_ gov
Laserfiche Upload:
h ttt)s://edocs.de(i.ne.p-ov/Form s/Non Discharge -Branch -
Submittal -Form -Vert
FORM: RWS-R 02-21 Page 7 of 6

SUPPORTING EASEMENT DOCUMENT FOR COMMENT A.1.
HASENTREE WASTEWATER TREATMENT PLANT EASEMENT AGREEMENT
BKO12834POO2278
WAKE COUNTY. NC Slog
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
11/1412867 AT 16:05:26
BOOK:012834 PAGE:02278 — 02294
WASTEWATER TREATMENT PLANT EASEMENT 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 TAea-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 "Commission " shall mean the North Carolina Utilities Commission.
MWO 9761499.5

BKO12834POO2279
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.

BK012834POO2280
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.
L17 "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 (i) 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 WWTP 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

BKO12834POO2281
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.
6, 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

BKO12834POO2282
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.
9. 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 parry 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.

BKO12834POO2283
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]

BKO12834POO2284
[Signature Page to Wastewater Treatment Plant Easement Agreement]
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�
Address: 8310 Bandford Way, Suite 101
Raleigh, North Carolina 27615
Fax: [phone]
HEATER UTILITIES, INC.
."A
By: a oft .4t S• /lodGf{1pfesident
Address: 202 MacKenan Court
Cary, NC 27511
Attn:
Fax: [phone]

BKO12834POO2285
STATE OF 0 l .9 OLI
COUNTY OF A
1,n the undersigned, a Notary Public of the County and State aforesaid, certify that
l eLva A,6VC-T7-F whose identity has been proven by satisfactory
evidence, said evidence being:
■
I have personal knowledge of the identity of the principal(s)
1 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 YP6stDENT of HASENTREE CORP., a North Carolina corporation, personally
appeared before me this da and ack,-�nowledged that (s)t� is VICE f �SiD6i.J7 of HASENTREE
CORP. and that as gICE �, ,,T _ being duly authorized to do so, voluntarily executed the
foregoing instrument on behalf of said company forthe purposes stated therein.
W' ness my hand and official stamp or seal this '7` / day of ©G7o8E1P , 2007-.
Notary blic
Print me: 19A—eq Cu 4N �D'r WQVIC
My Commission Expires: ( -1 _d e
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE[

BKO12834POO2286
STATE OF 0,6�C�_
COUNTY OF
I, the undersigned, Not ry Public of the County and State aforesaid, certify that
�oMp �5 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 �\��, 200'.
Notary Public
Print Name:
My Commission Expires:�� ��
[AFFIX NQ1,4AW, AL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLEI

BKO12834POO2287
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
IN WITNESS WH REOF, the undersigned have duly executed these presents under seal as of
the .� day off, 2007.
LENDER:
SunTrust Bank, success nterest to Cen a] Carolina Bank
and Trust Compa
By: .
Name: TI;'b A . GR i2 , Ef—
Title i';r President
10

BKO12834POO2288
STATE OF �C
COUNTY OF
I, the iiun��ersi ed, a Notary Public of the County and State aforesaid, certify that
e Q {-1-. �p c- +e r , 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 jbe/sl3e is 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 0— day of m 200_7.
Notary blic `
Print Name: 4e-
My Commission Expires: t1- 4. -',Dc) 17
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLEI
soorwewiat�
NAVY Aac
+1Mon cou*
Skde of Nall cavil
MY IOn EVIM Nov 4. 2W7
11

BKO12834POO2289
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
1N WITNESS WHE OF, the undersigned have duly executed these presents under seal as of
the day of�eTc! 2007.
LENDER:
SunTrust Bank, successor in interest to Central Carolina Bank
and Trust Comp
By: —
Name: _ -'e'a Ac. CRATE
Title Fies-f V;nr-- President
12

BKO12834POO2290
STATE OF v
COUNTY OFl/
1, th : tlundersigned, a Notary Public of the County and State aforesaid, certify that
ci A. %t-+-- - , 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 he4ke is f T President of SunTrust Bank,
and that he/sire, 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.
Witne s my hand and official stamp or seal this � day of �P.p�e l�, be t- 200r.
Notary Oblic Print Name: Sa n I- -3` l• \11 +e-
My Commission Expires: 4•
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL. MUST BE FULLY LEGIBLEI
• fllt
NOW ►k"C
mmon cou*
star of ffto camaw
W CanM10M 6opwt f V 4, 2W7
13

BKO12834POO2291
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 —.14 day ofyC r44L1l. , 2007.
LENDER:
Waterford, L
By:
Name:
Title �/�-7,�/✓�G�/2
14

BKO12834POO2292
STATE OF900-0l:ARoLIAlA
COUNTY OF WAKG
1, the undersigned,. a Notary Public of the County and State aforesaid, certify that
L N E whose identity has been proven by satisfactory
evidence, said evidence being:
GI
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
❑ A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that 1yc/she is MArA&M of Waterford, LLC, and
that Le/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.
Wit ess my nd and official stamp or seal this � day of �-rO669 2001.
i ^
Norarypublic ' I Print ame: MAC`% gi_�7crpdoyiL
My Commission Expires: 6 `15-o8
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE]
t,4ppu14y�
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15

BKO12834POO2293
EXHIBIT A
W WTP 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 01'59" west, a distance of 27.75 feet from an existing iron
pipe with N.C. grid coordinates of north 918,959.16 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 easement rights as described in the Declaration of Covenants, Conditions,
Easements and Restrictions for Hasentree recorded in Book 11938, Page 2314, Wake County Registry.
U52000 9761 aa9A

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BOOK:012834 PAGE:02278 - 02294
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecording.
Wake County Register of Deeds
WAKE Laura M. Riddick
couNTY Register of Deeds
This Customer Group
# of Time Stamps Needed
This Document
New Time Stamp
# of Pages
22,004-1/20/06

SUPPORTING EASEMENT DOCUMENT FOR COMMENT A.L
EFFLUENT EASEMENT AND IRRIGATION AGREEMENT WITH AQUA -RECORDED DEED
BKO13037PGO2573
WAKE COUNTY, NC 459
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
04/84l2808 AT 15:21:08
BOOK:013037 PAGE:02573 — 82589
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 ("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, 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
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 17, 2007, executed among Hasentree Corp., Lowery Services LLC and Heater.
1.2 -Commission " shall mean the North Carolina Utilities Commission.
US20009258540,9

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1.3 "DWQ" shall mean the Division of Water Quality of lire North Carolina Department of
Environment 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 I-lasentree 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 Pennit 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 Pen -nit. 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.
U520W 9259540.9

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1.17 "Reuse Effluent Pumping Station" 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 Effluent 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 Permit.
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 performed 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

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Hasentrec shall cause its certified spray irrigation operator to provide this information to Heater
electronically by the tenth (10"') day of each month.
5. Maintaining 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, Hasentrec 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, Fasentree 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 pen -nits 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 Permit 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
❑S20009258540.9

BKO13037POO2577
the Pennit. Heater shall have the right, at any time and upon reasonable notice to 1-Iasentree 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 Permit; and
(c) to perform groundwater and surface water monitoring within the Easement Areas as required by the
Pennit (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.
t0. 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 terns 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, that 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 Pennit,
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 normal 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
US20009258540.9

BKO13037PGO2578
operation, maintenance, and repair of the Spray Irrigation Facilities or for providing Heater the
infonnation 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 formed 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 Ri>zhts. 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

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 pennitted 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 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 communications 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 Writing. 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. Any 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 shalt 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.
US2000 9258540.9

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.
HASENTREE CORP.
8y: Carlton Midyette, Vice President
Address: 8310 Bandford Way, Suite 101
Raleigh, North Carolina 27615
Fax: [phone]
HEATER UTILITIES, INC.
By: NeiiPVFips, Pde$tde
Address: 202 MacKenan C6burtrf
Cary, NC 27511
Fax: [phone]
US2000 9253340.9

BKO13037PGO2581
STATE OF
COUNTY OF
I, the under d, Notary Public of the County and State aforesaid, certify that
�� ` i )In A , whose identity has been proven by satisfactory
evidence, said evidencebeing:r
0 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 be/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 seat this day of 2001.
Notary Public^
Print Name: C5�`o��� •MO
My Commission Expires: 1 ` 1 c,,-
[AFFIX NOTARY SEAL BED THAT SEAL MUST BE FULLY LEGIBLEI
MDTM
yh f •
FU"
US2000925046.9

BKO13037POO2582
[Signature Page to Effluent Easement and Irrigation Agreement]
IN WITNESS WHEREOF, the parties have caused this Effluent Easement to be duly executed
their respective corporate names, all by authority duly given, the day and year first above written.
HASENTREE CORP.
4jj ,� - �ntle
Carlton Midyeib ice P,�
Address: 8310 Bandford Way, Site 101
Raleigh, North Carolina 27615
Fax: [phone]
HEATER UTILITIES, INC.
By: Neil Phillips, President
Address: 202 MacKenan Court
Cary, NC 27511
Fax: [phone]
US200D 9258540,9

BKO13037POO2583
STATE OF nga fy' la
COUNTY OF
1, t undersigned a Notary Public of the County and State aforesaid, certify that
;;'eM2,d b1V,,,Wt whose identity has been proven by satisfactory
evidence, said evidence b ing:
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
❑ crg<ible witness has sworn to the identity of the principal(s);
who is the Pn of HASENTREE CORP., a N rth PKolina corporation, personally
appeared before me this ay�d acknowledged that (s)he is of HASENTREE
CORP. and that w _ �e ,prSrt et2Ll_ being duly authorized to do so, voluntarily executed the
foregoing instrument on behalf of said company for the purposes stated therein.
Witness my hapcl`and official stamp or seal this /ffH' day of )(Y4 u , 200_1.
Notary Public V
Print Name:
My Commission Exs:
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLEI
Wendy Waring
Notary Public
Wake County
North Carolina
US2000 9258540.9

BKO13037PGO2584
EXHIBIT A
Easement Areas
(See Attached)
US30009239M..9

WNW
-1714
it
s

BKO13037POO2586
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 arc length of 20.14 feet; runs thence North 61°34'39" East 10.43 feet
to an existing iron pipe; runs thence North 59°48'36" 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.
US2 a 92595Q.9

BKO13037PGO2587
EXHIBIT C
Primary Spray Areas
(See Attached)
usz000 92385401

BKO13037POO2589
BOOK:013037 FAGE:02573 - 02589
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecording.
Wake County Register of Deeds
WAKE Laura M. Riddick
COUNTY Register of Deeds
This Customer Group This Document
# of Time Stamps Needed � New Time Stamp
# of Pages
22.004-1120/06

�0F W ATFRQ HASENTREE WWTP FLOW REDUCTION APPROVAL Michael F. Easley, Governor
�O G SUPPORTING DOCUMENT FOR COMMENT B.I. William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 Coleen H. Sullins Director
Division or Water Quality
April 7. 2008
Thomas Roberts - President
Heater Utilities, Inc. d/b/a Aqua North Carolina, Inc.
202 Mackennan Court
Cary, North Carolina 27511
Subject: Permit No. WQ0021934
Hasentree Golf Community
Conjunctive and Non -Conjunctive
Wastewater Treatment and
Reclaimed Water Utilization Systems
Wake County
Dear Mr. Roberts:
In accordance with your modification, ownership change and renewal request received November
26, 2007, and subsequent additional information received February 20, 2008, we are forwarding herewith
Permit No. WQ0021934, dated April 7, 2008, to Lowery Services for the construction and continued
operation of the subject wastewater treatment and reclaimed water utilization facilities. This modification
includes a flow reduction to 240 gallons per day per home. Please note that permit requirements from
Permit No. WQ0021934 dated December 14, 2007 pertaining to the modification adding 4.7 acres of
reclaimed irrigation area in Phase V villa section of the project have been carried over to this permit.
This permit shall be effective from the date of issuance until June 30, 2008, shall void Permit No.
WQ0021934 issued December 14, 2007, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish
an adequate system for collecting and maintaining the required operational information will result in
future compliance problems. Please review the requirements of Permit Condition VIA, failure to comply
with the permit requirements will result the Division changing the design flow rate for connections to the
system.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must 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, 6714 Mail Service
Cdater, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Matthew Fleahman at
[phone] or [e-mail].
Since ly
-)�-Coleen H. Sullins
NorthCarolina
Aawrally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone : [phone]
Internet: www.ncwaterguality.ora Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
An Equal Opportunity/Affirmative Action Employer— 50%Recycled/10%Post Consumer Paper Customer Service: [phone]

cc: Wake County health Department
Raleigh Regional Office, Aquifer Protection Section
Mike Harwood — Aqua North Carolina, Inc.
Technical Assistance and Certification Unit
APS Central Files
LAU Files

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19