NC0056154_Permit Issuance_20061102

F WArF9
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
J �
O Alan W. Klimek, P.E. Director
Division of Water Quality
November 2, 2006
Mr. Michael J. Myers
Heater Utilities, Inc.
202 MacKenan Ct.
Cary, NC 27511
Subject: Adjudicatory Settlement / Final Permits
NPDES Permits bWW56154q NC0060593, NC0062481, NC0063355,
NC0074772, NCO075205 & NCO080691
Bridgeport, Spinnaker Bay, Mallard Head, Killian's Crossroads,
Diamond Head, Alexander Island & Windemere WWTPs
Catawba, Lincoln & Iredell Counties
Dear Mr. Myers:
Subsequent to Heater Utilities, Inc.'s adjudication of the subject NPDES permits originally released in
2005, and in accordance with the terms of the Settlement Agreement established between Heater
Utilities, Inc. and the Division of Water Quality to resolve matters in dispute within the terms of the
2005 permits, we are forwarding the attached NPDES discharge permits. These permits are issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994
(or as subsequently amended).
These final permits include no changes from the draft permits sent to you on August 30, 2006.
Please be advised of the following conditions within these permits that are significantly different from
those found in the currently active permits:
• Where the existing permits had monthly average limits for ammonia nitrogen, daily maximum limits
for ammonia nitrogen have been added to those permits. These limits become applicable on the
effective date of the permits.
• For each of the permits, the fecal coliform monitoring frequency during the summer months has
been set at 3 days per week.
• For each of the permits, a new section titled "Operations" has been added. Within the section are
terms calling for 1.) the installation of turbidimeters to measure effluent turbidity, with the ability to
automatically communicate to the plant operator if a reading of 10 nephelometric units or higher is
detected; 2.) installation of SCADA systems, and 3.) daily inspection of the plants' disinfection
systems and documentation of those inspections.
o `hCarolma
NAtura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/l0% Post Consumer Paper

Mr. Michael J. Myers
Heater Lake Norman Permit Renewals
p. 2
A condition has been added describing forms of public notification that must be made in the event of
a discharge of untreated or undertreated wastewater from the permitted facilities.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty
(30) days following receipt of this letter. 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 Center, Raleigh, North Carolina 27699-6714). Unless
such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or
Local governmental permit that may be required.
It is expected that the issuance of these permits resolves all matters associated with the adjudication of
the 2005 permits and thereby, all pending action within the jurisdiction of the Office of Administrative
Hearings may be withdrawn.
If you have any questions concerning these permits, please contact Bob Sledge at telephone number
[phone], extension 547.
Sincerely,
i�, i
tom—�Alanan W. Klimek, P.E.
cc: Central. Files 4
MRO - Surface Water Protection Section
,0
Attorney General's Office - Anita LeVeaux

Permit NCO056154
STATE OF NORTH CAROLINA
DEPARTMENT OF'ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Heater Utilities, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Castaway Shores / Bridgeport Subdivision
NCSR 1102
Mount Mourne
Iredell County
to receiving waters designated as Lake Norman (Catawba River) in the Catawba
River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective December 1, 2006.
This permit and authorization to discharge shall expire at midnight on March 311 2010..
Signed this day November 2, 2006.
4610�11' CA 6, L"',
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NCO056154
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or
discharge are hereby revoked. As of this permit issuance, any previously issued
permit bearing this number is no longer effective. Therefore, the exclusive authority
-to operate and discharge from this facility arises under the permit conditions,
requirements, terms, and provisions included herein. '
Heater Utilities, Inc., is hereby authorized to:
I. Continue to operate an existing 0.08 MGD wastewater treatment system which
includes the following components:
➢ Influent flow equalization tank
➢ Bar screen
➢ Flow splitter box
➢ Dual diffused aeration tanks
➢ Dual clarifiers
➢ Sludge holding tank
➢ Tertiary filter
➢ Dual tablet disinfection units
➢ Dechlorination facilities
➢ Effluent flow recorder with totalizer
➢ Post -aeration
➢ Effluent pumps
➢ Standby power generator
This wastewater treatment system is located off NCSR 1102 at the Castaway
Shores/Bridgeport Subdivision near Mount Mourne in Iredell County.
2. After receiving an Authorization to Construct from the Division, construct the
necessary components to upgrade the wastewater treatment system to 0.100
MGD (see Part I. A. (3.)).
3. Discharge from said treatment works at the location specified on the attached
map into the Catawba River, classified WS-N & B CA waters in the Catawba
River Basin.

Latitude: 35'31' 15"
Longitude: 80°52' 13"
Quad # E15SE
Receiving Stream: Lake Norman
Stream Class: WS-N & B CA
Subbasin: 30832
NCO056154
Heater Utilities
Bridgeport Subdivision
Facility"
ffin"
�.
ag j
Location
yf, ,
North
SCALE 1 :24000

Permit NCO056154
A. (1.) EFFLUENT LINHTATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of the permit and lasting until expansion above
0.08 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be
limited and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly: _
Average ' '
Daily
- Maximum
Measurement
Frequency'
Sample Type
Sample Location
Flow
0.08 MGD
Continuous
Recorder
Influent or Effluent
BOD, 5 day (20°C)
15.0 mg/L
22.5 mg/L
Weekly
Composite
Effluent
Total Suspended Residue
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N
4.0 mg/L
20.Omg/L
Weekly
Composite
Effluent
Dissolved Oxygenl
Weekly
Grab
Effluent
Fecal Coliform (geometric mean)
(April 1- October 31
200 / 100 ml
400 / 100 ml
3/Week
Grab
Effluent
Fecal Coliform (geometric mean)
November 1- March 31
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorine
28 µg/L
2/Week
Grab
Effluent
Temperature
Weekly
Grab
Effluent
Total Nitrogen (NO2+NO3+TKN)
Quarterly
Composite
Effluent
Total Phosphorus
Quarterly
Composite
Effluent
pH2
Weekly
Grab
Effluent
Footnotes:
1. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NCO056154
A. (2.), EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning after expansion above 0.08 MGD and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and
monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type
Sample Location
Flow
0.1 MGD
Continuous
Recorder
Influent or Effluent
BOD, 5 day (20°C)
15.0 mg/L
22.5 mg/L
Weekly
Composite
Effluent
Total Suspended Residue
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
Dissolved Oxygenl
Weekly
Grab
Effluent
Fecal Coliform (geometric mean)
(April 1- October 31
200 / 100 ml
400 / 100 ml
3Meek
Grab
Effluent
Fecal Coliform (geometric mean)
November 1- March 31
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorine
28pg/L
2/Week
Grab
Effluent
Temperature
Weekly
Grab
Effluent
Total Nitrogen (NO2+NO3+TKN)
Quarterly
Composite
Effluent
Total Phosphorus
Quarterly
Composite
Effluent
pH2
Weekly
Grab
Effluent
Footnotes:
.1. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
A. (3.) PHASED CONSTRUCTION REQUIREMENTS
If this facility is to be expanded in phases, plans and specifications for the next phase of
expansion shall be submitted when the flow to the existing system reaches 80% (0.064
MGD) of the design capacity of the installed components (0.08 MGD).
At no time may the flow tributary to the facility exceed the design capacity of the installed
components.

Permit NC0056154
A. (4.) SPECIAL CONDITION — Operations
Pursuant to the terms of the Settlement Agreement established between Heater Utilities,
Inc. and the Division of Water Quality, signed on June 26, 2006, Heater Utilities, Inc. shall:
(a) Install a turbidimeter at the plant to measure turbidity in the plant effluent, and set
the turbidimeter to notify the plant operator automatically in the event that the
turbidimeter records a reading of 10 nephelometric turbidity units or greater;
(b) Inspect the performance of the plant's disinfection system every weekday and maintain
a log of such inspections; and
(c) Install a Supervisory Control and Data Acquisition (SCADA) system at the plant.
A. (5.) SPECIAL CONDITION — Spill Notification
(a) Contacting Public Health Directors
The facility must notify the Iredell and Mecklenburg County Public Health Directors
within 12 hours of first knowledge by the owner/operator of any discharge of untreated
wastewater to waters of the State or a discharge from the wastewater treatment plant that
has not received adequate disinfection due to a malfunctioning treatment unit.
The County Public Health Directors can be contacted using the following
information:
Current Information for Iredell and Mecklenburg County Health Directors
Iredell County Health Director
318 Turnersburg Highway
Statesville, NC 28625
Phone Number: 704-878-5302
(b) Public Notification
Mecklenburg County Health .Director
249 Billingsley Road
Charlotte, NC 28211
Phone number: 704-336-4700
The facility must notify the public of untreated wastewater spills. Wastewater
facility owners or operators must issue a press release after a discharge to surface waters
of 1,000 gallons within 48 hours of first knowledge of the spill by the owner/operator. The
press release must be issued to "all electronic and print news media outlets that provide
general coverage in the counties (Iredell, and Mecklenburg) where the discharge occurred."
A copy of the press release must be maintained for one year by the owner/operator. This
press release is required in addition to the permit requirement of contacting the North
Carolina Division of Water Quality (DWQ).

Permit NC0056154
A. (5.) SPECIAL CONDITION — Spill Notification (continued)
If a discharge of 15,000 gallons or more reaches surface water, a public notice is required
in addition to the press release. The public notice must be placed in a newspaper having
general circulation in the County in which the discharge occurred and the county
immediately downstream. At a minimum the notice should be published in the newspaper
of general circulation in Iredell, and Mecklenburg Counties. If a discharge of 1,000,000
gallons of wastewater or more reaches surface waters, the DWQ regional office must be
contacted to determine in what additional counties, if any, a public notice must be
published. A copy of these public notices and proof of publication must be sent to the
DWQ within 30 days of publication. The copy should be sent to the following address:
PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
The minimum content of the notice is the location of the discharge, estimated volume,
water body affected and steps taken to prevent future discharges.

5'�.7 26-/
NORTH CAROLINA
IREDELL COUNTY
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of Catawba County,
North Carolina, duly commissioned, qualified, and authorized
by law, to administer oaths, in said County and State; that he/
she is authorized to make this affidavit and sworn statement;
that the notice or other legal advertisement, a true copy of
which is attached hereto, was published in the
Statesville Record and Landmark
on t e following dates:
and that the said newspaper in which such notice,
or legal advertisement was published, was a newspaper
meeting all of the requirements and qualifications of Section
1-597 of the General Statutes of North Carolina.
oAssistantookkeeper
�nrtrrr
s.�'°�P+ M CK�+.� Sworn to and subscribed before me, this
P OQ. ........�
• •' •. �%� day of , 2006
of Public AUB00%
�+
c�a !
� �9'•. My Commission Expires �
N:. RA C(NN1
SIA II_UF
NORTH CAROLINA
ENVIRONMENTAL
MANAGEMENT
COMMISSION /
NPDES UNIT
1617 MAIL SERVICE
CENTER
RALEIGH, NC 27699-1617
NOTIFICATION OF INTENT
TO ISSUE A NPDES
WASTEWATER PERMIT
On the basis of thorough staff
review and application of NC
General Statute 143,21, Public
law 92.500 and other lawful
standards and regulations, the
North Carolina Environmental
Management Commission pro-
poses to issue a National Pol-
2nt Discharge Elimination
System (NPDES) wastewater
discharge permit to the per-
sons) listed below effective
45 days from the publish date
of this notice.
Written comments regarding
the proposed permft will be
accepted until 30 days after
the publish date of this notice.
All comments received prior to
that date are considered in the
final determinations regarding
the proposed permit. The Di-
rector of the NC DMsion of
Water Quality may decide to
hold a public meeting for the
proposed permit should the Di-
vision receive a significant
degree of public interest.
Copies of the draft permit and
other supporting information
on file used to determine con-
ditions present in the draft
permit are available upon re-
quest and payment of the
costs of reproduction. Mail
comments and/or requests for
information to the NC Division
of Water Quality at the above
address or call the Point
Source Branch at (919) 733-
5083, extension 363 or 350.
Please include the NPDES
permit number (attached) in
any communication. Interested
persons may also visit the Di-
vision of Water Quality at 512
N. Salisbury Street, Raleigh,
NC 27604-1148 between the
hours of 8:00 a.m. and 5:00
p.m. to review information of
file.
Heater Utilities, Inc. (P.O.
Drawer 4889, Cary, NC
27519) has applied for renewal
of NPDES permit NCO056154
for the Bridgeport WWTP in
Iredell County. This permitted
facility discharges 0.08 treat-
ed wastewater to Catawba
River in the Catawba River Ba.
sin. Currently BOD, ammonia
nitrogen, and total residual
chlorine are water quality
limited. This discharge may
affect future allocations in this
portion of the Catawba River
Basin. The terms of this permit
have been modified from those
contained in the one placed at
public notice In 2005.

Drawai 4889i C6r,NC.27519)
has apolied'�J0-:renewak-of,
NPDES permh.N00062481 'for
the _Mallard ,'Head 2 (36ndomini.
um'V4WTPA'In,lredell , County. -
This - -permlfted',,Iacillty. . xlls-
chates tr6atedimastewater to
an, unnamed, ;ti-lbutary - to
Reedsi,Crbek ' -Idbotatawba'
-Rivet- Basin.Cur'rdn ' '_ 'OD'
ammonia nitrogen 11110tal re���
sidual --Chloiine are'watee
quality',Ilm' e' -,.- lb --
This' discharge
may.affecH ur' all tions in
.this-,, portion -,of a
River , BaiM. a to S,of- the
ppeemilt I ha4d'2 q6n,.� modified'
bm those;;contalned in the
one,placed at u lic',noti in
200
'Lffilifis In a.. (P.O.
Drawer,- 4 889, Gary. , NC
27519)has applied -.for renew-
al of .,:-..,NPDES , permit-,
NC067,&2'for__'thd diamond.,-
-HBad WVffP.in Iredell.County-
:This . permitted � facility .. dlsn
t charges '01 ","takerM Areated
wastewater 16,: Norman-
jo..A­ rl.iAnV �r Aimmi -in- the'
j rently i;'BOD,11'ammonia 'muo-
1-gen-, and -tolial. residual XhW
fine ..are , 'Af.4dalfty--firfifted.
This discharge :affect --
re .allocations in,',"this
CHen"of,;the a,-... r,
lm' -The 3-terms -'- oft,; ls'i
I permit j die ' n'� -, modified.
from those „contained in the.
one' placed at,public,-notice' in
2005..,
,0075205,!fbr 'the' PieAri-der
and 4-1 lredeli'
wnty:; ' This, permitted. AklliV.'
earges',- 0.015,MGDitreat-I
i - -,.wastewater - to
verALake :; Nonrian) , in the,
atawba - River, Basin; - Current-
TOD,and 3ow-jesidual-chlo-
w,placeid;al.
)5?
Inc.' ''(P.0
Gary.-- NC
ed'for- renew-.*
S -::, permit.
,­iis-, Wnds-..
PuDlicnOUL;V111--
sheept m6WAibO6.

A TE9Q
�? r
>_
MEMORANDUM
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 30, 2006
To: Britt Setzer
NC DENR / DEH / Regional Engineer
Mooresville Regional Office
From: Bob Sledge 4�p�
NPDES Western Unit
Subject: Review of Draft NPDES Permit NCO056154
Heater Utilities, Inc. — Bridgeport WWTP
Iredell County
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
Mooresvilk P7 "1
AU W y
Please indicate below your agency's position or viewpoint on the draft permit and return this form by
October 2, 2006. If you have any questions about the draft permit, please contact me at (919) 733-
5083, extension 547, or via e-mail at [e-mail].
RESPONSE: (Check one)
Concur with the issuance of this permit provided the facility is operated and maintained properly,
the stated effluent limits are met prior to discharge, and the discharge does not contravene the
designated water quality standards.
FConcurs with issuance of the above permit, provided the following conditions are met:
F-1 Opposes the issuance of the above permit, based on reasons stated below, or attached:
Signed Date: QC?
attachment
cc: NPDES Permit File
Nam` Carolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterqualiiy.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 500/6 Recycled/100/6 Post Consumer Paper

STATE OF NORTH CAROLINA
COUNTY OF IREDELL
COUNTY OF CATAWBA
HEATER UTILITIES, INC.
NPDES NC0060593, NC0056154,
NC 0062481, NCO06335, NC0074772,
NCO075205 and NCO080691,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT and NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
Nos. 05 EHR 1172, 05 EHR 0944,
05 EHR 945, 05 EHR 0946, 05 EHR 0947,
05 EHR 0943 and 05 EHR 1173
SETTLEMENT AGREEMENT
r
UM 2 p ft6
70j�? KL/1-y
The North Carolina Division of Water Quality ("DWQ") of the Department of
Environment and Natural Resources, under authority' delegated by the North Carolina
Environmental Commission ("BMC"), and Heater Utilities, Inc. ("Heater"), hereby enter into this
Settlement Agreement ("Agreement") in order to amicably resolve the matters in controversy
between them regarding the above -captioned contested cases.
PROCEDURAL BACKGROUND
1. On June 14, 2005, Heater filed five petitions, 05 EHR 0943, 05 EHR 0944,
05 EHR 0945, 05 EHR 0946 and 05 EHR. 0947, for contested case hearing in the Office of
Administrative Hearings ("OAH") to appeal certain terms, conditions, and limitations contained

a
I
in NPDES permits issued by DWQ to Heater for five wastewater treatment facilities in Catawba
and Iredell counties.
2. On July 18, 2005, the Court granted the Heater's consent motion to consolidate
the five petitions for contested case hearing.
3. . On July 25, 2005, Heater filed two additional petitions for contested case hearing
to appeal certain terms, conditions, and limitations contained in additional NPDES permits
issued by DWQ to Heater for two wastewater treatment facilities in Catawba and Iredell. counties
by DENR.
4. On August 3, 2005, the Court issued an order consolidating case numbers 05 EHR
1172 and 05 EHR 1173.
5. ' On August 26, 2005, Heater filed a motion to consolidate cases 05 EHR 1172 and
05 EHR 1173 with the five previously consolidated cases so that all of the seven cases could be
considered together.
6. On September 12, 2005, the Court granted the parties Consent Motion to Stay
Proceedings to allow the parties to pursue settlement negotiations.
7. As stated in N.C. Gen. Stat. § 150B-22, it is the public policy of the State of North
Carolina to resolve administrative disputes inforrrially whenever possible.
AGREEMENT
8. DWQ will withdraw the most recently issued versions of the NPDES permits
("the Contested Permits") for Heater's Alexander Island, Bridgeport, Diamond Head, Killian
Crossroads, Mallard Head, Spinnaker Bay and Windemere wastewater treatment plants ("the
Lake Norman Plants") (Permit Numbers NC0075205, NC0056154, NC0074772, NC0063355,
NCO062481, NC0060593, and NCO080691) respectively.

9. Heater shall be authorized to continue operating the Lake Norman Plants pursuant to
the terms of the permits in effect for the Lake Norman Plants immediately prior to the issuance of
the Contested Permits, until final new permits for the Lake Norman Plants are, issued by DWQ.
DWQ shall prepare a new draft NPDES permit for each of the Lake Norman Plants that contains
the following conditions:
(a) a requirement that Heater (i) install a turbidimeter at the plant to measure
turbidity in the plant effluent, and . (ii) set the turbidimeter to notify the plant operator
automatically in the event that the turbidimeter records a reading of 10 nephelometric turbidity
units or greater;
(b) a requirement that Heater inspect- the performance of the plant's disinfection
system every weekday and maintain a log of such inspections;
(c) a requirement that Heater sample and analyze plant effluent for fecal coliform
three times per week;
(d) for the Bridgeport, Diamond Head, Mallard Head, and Spinnaker Bay plants,
a requirement that Heater install Supervisory Control and Data Acquisition ("SCADA") systems
on or before May 26, 2006; and
(e) for the Windemere, Killian Crossroads and Alexander Island plants, a
requirement that Heater install SCADA systems on or before July 3, 2006.
10. The new draft NPDES permits for the Lake Norman Plants shall not contain a
r!r
requirement that Heater perform fecal coliform sampling and analysis more than three dayweek.
Except as provided herein, and with the exception of any necessary clerical corrections, the new
draft NPDES permits for the Lake Norman Plants shall be identical to the Contested Permits.

11. DWQ shall provide the public with notice of, and an opportunity to comment on,
the new draft NPDES permits for the Lake Norman Plants in accordance with standard DWQ
procedures.
12. Within 10 days following receipt of notice from DWQ of the issuance of the new
draft NPDES permits for the Lake Norman Plants, Heater will withdraw its petitions for contested
case hearing in all matters covered by this Agreement.
13. Heater and DWQ expressly stipulate and acknowledge that by entering into this
Agreement, Heater neither admits nor denies any allegations which were involved in these
contested cases.
14.... This Agreement is entered into knowingly, intelligently, and voluntarily and shall
be binding upon the parties and their'successors, assigns, parents, affiliates and subsidiaries upon
execution by the undersigned, who represent and warrant that they are authorized to enter into
this Agreement on behalf of the parties hereto.-
15. The parties agree that the consideration for this settlement is the promises
contained herein and this Agreement contains the whole agreement between them as to the
matters addressed herein.

Entered into and effective this the .-�!01day of 2006.
HE2
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
Q
By:
Alan Klimek, Director