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Home My WebLink AboutWQ0000088_Renewal Application_20230323Initial Review Reviewer Nathaniel.Thornburg Is this submittal an application? (Excluding additional information.) * Yes No Permit Number (IR) * WQ0000088 Applicant/Permittee Aqua North Carolina, Inc. Applicant/Permittee Address 202 MACKENAN COURT, CARY, NC 27511 Is the owner in BIMS? Yes No Is the facility in BIMS? Yes No Owner Type Facility Name County Fee Category Major Is this a complete application?* Yes No Signature Authority Signature Authority Title Signature Authority Email Document Type (if non -application) Email Notifications Organization Governors Club WWTP Chatham Does this need review by the hydrogeologist? * Yes No Regional Office CO Reviewer Admin Reviewer Fee Amount $0 Complete App Date 03/23/2023 Below list any additional email address that need notification about a new project. Email Address Comments to be added to email notfication Comments for Admin Comments for RO Comments for Reviewer Comments for Applicant Submittal Form Project Contact Information Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence. Name* ANDREW NORRIS, PE Email Address* abnorris@aquaamerica.com 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. https://edoes.deq.nc.gov/Forms/NonDischarge_Monitoring_Report Permit Type:* Wastewater Irrigation High -Rate Infiltration Other Wastewater Reclaimed Water Closed -Loop Recycle Residuals Single -Family Residence Wastewater Other Irrigation Permit Number:* WQ0000088 Has Current Existing permit number Applicant/Permittee* Aqua North Carolina, Inc. Applicant/Permittee Address* 202 MACKENAN COURT, CARY, NC 27511 Facility Name* Governors Club 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 nathaniel.thornburg@ncdenr.gov. Please attach all information required or requested for this submittal to be reviewed here. (Application Form, Engineering Plans, Specifications, Calculations, Etc.) Aqua NC -Governors Club WWTP WQ0000088 Renewal 5.65MB Application.pdf Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger than upload limit. * By checking this box, I acknowledge that I understand the application will not be accepted for pre -review until the fee (if required) has been received by the Non -Discharge Branch. Application fees must be submitted by check or money order and made payable to the North Carolina Department of Environmental Quality (NCDEQ). I also confirm that the uploaded document is a single PDF with all parts of the application in correct order (as specified by the application). Mail payment to: NCDEQ — Division of Water Resources Attn: Non -Discharge Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Signature Submission Date 3/23/2023 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 AQUA. An A Essential Utilities Company March 22, 2023 NCDEQ / DWQ/ NON -DISCHARGE BRANCH Re: Application for Non -Discharge Permit Renewal Aqua North Carolina, Inc. Permit No. WQ0000088 Governors Club WWTP Reclaimed Water Generation and Dedicated Utilization System Chatham County Enclosed is a single PDF file of the completed application. This submittal includes the necessary attachments for your office to renew the subject permit. Should you need any additional information or assistance, please feel free to contact Project Engineer, Andrew Norris @ 919-653-6975 or by e-mail at ABNorris@aquaamerica.com. Sincerely, Andrew Norris, PE Project Engineer Enc 202 MacKenan Court, Cary, NC, 27511 • 919.653.6975 • ABNorris@aquaamerica.com DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 State of North Carolina DWR Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02T .0500 — WASTEWATER IRRIGATION SYSTEM — RENEWAL FORM: WWIS-R 02-21 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 .01009 15A NCAC 02T .0500, 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.de(l.nc.gov/Forms/NonDischar2e-Branch-Submittal- Form-Ver2, or emailed to Non-Discharge.Reports(&ncdenr.gov if less than 20 megabytes (MB). SECTION I — APPLICANT INFORMATION 1. Applicant: AQUA NORTH CAROLINA, INC. 2. Permit No.: WQ0000088 3. Signature authority: Amanda Berger Phone number: ( ) - Select Title: Environmental Compliance Director Email: AABerger@aquaamerica.com 4. Mailing address: 202 Mackenan Ct. City: Cary State: NC Zip: 27511- 5. Contact person: ANDREW NORRIS, PE Primary phone number: (919) 653-6975 Select Email: ABNORRIS@AQUAAMERICA.COM Secondary phone number: (910) 309-1096 Select II — FACILITY 1. Physical address: 12222 Morehead City: Chapel Hill 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 35.8372980 Longitude:-79.296720 County: Chatham State: NC Parcel No.: 80617 Zip: 27517- Method: Navigation quality GPS 1. SECTION III — FLOW INFO Permitted flow: 300000 GPD (The maximum allowable flow based on what has been permitted) 2. As -built flow: 300000 GPD (The maximum allowable flow based on what has been constructed) 3. Average flow: 98,082 GPD (The average of all reported flows on the previous calendar year's NDMRs) 4. Hydraulic capacity: 33 % (Divide the average flow in Item 3 by the As -built flow in Item 2) 5. Wastewater composition: Domestic: 100 % Industrial: % Stormwater: % 1. Billing address: 202 Mackenan Ct. City: Cary 2. Verify the Applicant does not have any overdue annual fees: INFORMATION State: NC Zip: 27511- https://deq.nc. gov/about/divisions/water-resources/water-resources-permits/wq-epgyments 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: WWIS-R 02-21 Page 1 of 6 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION 1. ORC: Roy Lyons Mailing address: 7 Callahan Circle City: Durham Phone number: (919) 323-1213 Cell 2. Back -Up ORC: Eric Riggins Mailing address: 3114 Hillendale Rd City: Durham Phone number: (919) 624-8275 Cell Grade: IV Certification No.: 1005944 State: NC Zip: 27703- Email: rdlyons@aquaamerica.com Grade: II Certification No.: 1000135 State: NC Zip: 27705- Email: eriggins@aquaamerica.com SECTION VI — OPEN -ATMOSPHERE STRUCTURES 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 5-Day Upset 80617 1,500,000 Unlined 9 35.8353130 -79.311810 Treatment 80617 547,310 Full, metal 4 35.8372980 -79.296720 Storage 80617 30,500,000 Unlined 4 35.5025330 -79.215680 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 WQCS000293 Discharging collection system Select Select Select Select 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-lA 72898 Active Downgradient Inside Review Boundary 35.518100 -79.158990 MW-3A 72898 Active Downgradient Inside Review Boundary 35.511280 -79.158340 MW-7 80617 Active Downgradient Inside Review Boundary 35.506100 -79.152270 MW-9 72900 Active Downgradient Inside Review Boundary 35.5031830 -79.149570 Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° FORM: WWIS-R 02-21 Page 2 of 6 DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 SECTION IX - IRRIGATION FIELDS 1. List all irrigation fields associated with the renewing permit. Attach additional sheets if necessary. Field County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 1 Chatham 72802 GOVERNORS CLUB INC 5.87 GOLF COURSE 35.8433330 -79.388890 2 Chatham 72904 GOVERNORS CLUB INC 9.08 GOLF COURSE 35.8405560 -79.411110 3 Chatham 72904 GOVERNORS CLUB INC 0.90 GOLF COURSE 35.8402780 -79.402780 4 Chatham 72902 GOVERNORS CLUB INC 6.40 GOLF COURSE 35.8377780 -79.386110 5 Chatham 72900 GOVERNORS CLUB INC 8.40 GOLF COURSE 35.8405560 -79.319440 6 Chatham 72899 GOVERNORS CLUB INC 7.14 GOLF COURSE 35.8427780 -79.338890 7 Chatham 72899 GOVERNORS CLUB INC 7.31 GOLF COURSE 35.8444440 -79.33330 8 Chatham 72899 GOVERNORS CLUB INC 7.38 GOLF COURSE 35.8472220 -79.338890 9 Chatham 72802 GOVERNORS CLUB INC 7.29 GOLF COURSE 35.8488890 -79.386110 10 Chatham 72898 GOVERNORS CLUB INC 5.56 GOLF COURSE 35.8500000 -79.344440 11 Chatham 72898 GOVERNORS CLUB INC 3.56 GOLF COURSE 35.8508330 -79.325000 12 Chatham 72898 GOVERNORS CLUB INC 2.59 GOLF COURSE 35.8513890 -79.330560 13 Chatham 72898 GOVERNORS CLUB INC 7.65 GOLF COURSE 35.8527780 -79.361110 14 Chatham 72802 GOVERNORS CLUB INC 2.90 GOLF COURSE 35.8508330 -79.394440 15 Chatham 72802 GOVERNORS CLUB INC 5.97 GOLF COURSE 35.8480560 -79.416670 16 Chatham 72904 GOVERNORS CLUB INC 8.34 GOLF COURSE 35.8430560 -79.413890 17 Chatham 72802 GOVERNORS CLUB INC 6.04 GOLF COURSE 35.8436110 -79.388890 18 Chatham 72802 GOVERNORS CLUB INC 10.81 GOLF COURSE 35.8450000 -79.394440 19 Chatham 72802 GOVERNORS CLUB INC 17.08 GOLF COURSE 35.8494440 -79.397220 20 Chatham 72907 GOVERNORS CLUB INC 3.80 GOLF COURSE 35.8486110 -79.450000 21 Chatham 72908 GOVERNORS CLUB INC 5.70 GOLF COURSE 35.8495190 -79.475770 22 Chatham 72908 GOVERNORS CLUB INC 6.00 GOLF COURSE 35.8530560 -79.505560 23 Chatham 72908 GOVERNORS CLUB INC 3.90 GOLF COURSE 35.8522220 -79.541670 24 Chatham 72908 GOVERNORS CLUB INC 4.20 GOLF COURSE 35.8494440 -79.580560 25 Chatham 72802 GOVERNORS CLUB INC 4.70 GOLF COURSE 35.8469440 -79.372220 26 Chatham 72907 GOVERNORS CLUB INC 5.70 GOLF COURSE 35.8466670 -79.472220 27 Chatham 80514 AQUA NORTH CAROLINA 3.12 GOLF COURSE 35.8394440 -79.411110 28 Chatham 80514 AQUA NORTH CAROLINA 8.60 GOLF COURSE 35.8377780 -79.455560 29 Chatham 80514 AQUA NORTH CAROLINA 9.52 GOLF COURSE 35.8363890 -79.497220 30 Chatham 80514 AQUA NORTH CAROLINA 10.07 GOLF COURSE 35.8341670 -79.561110 0 0 0 0 0 0 0 0 0 0 FORM: WWIS-R 02-21 Page 3 of 6 DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 - 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 02T .0504(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 the wastewater treatment, storage, and irrigation areas. ® Soil mapping units shown on all irrigation sites. ® The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage, and irrigation sites. ® Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108, and 15A NCAC 02T .0506(c) if applicable. ® Setbacks as required by 15A NCAC 02T .0506. ® Site property boundaries within 500 feet of all wastewater treatment, storage, and irrigation sites. ® All habitable residences or places of public assembly within 500 feet of all treatment, storage, and irrigation sites. ❑ No — Skip Attachment A. ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION Does the signature authority in Section I, 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 Pennittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A NCAC 02T .0114(1). ❑ 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 1 Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold? ❑ Yes (Home/Property Owners' Association) — Pursuant to 15A NCAC 02T .0115(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: DEV). 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: WWIS-R 02-21 Page 4 of 6 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 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(l), 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 irrigation 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 irrigation 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 SCHEDULE 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: WWIS-R 02-21 Page 5 of 6 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 & ATTACHMENT K — INDUSTRIAL WASTEWATER Does the wastewater composition in Section III, 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 02T .0504(h). 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. TTACHMENT L — SETBACK WAIVERS Does the existing permit include setback waivers? ❑ Yes — Pursuant to 15A NCAC 02T .0506(d), 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 Amanda Berger I, attest that this application (Signature authority's name as noted in Section I, Item 3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application package are not completed, and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T .0120(b), that the applicant, or any parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance schedule in a permit, settlement agreement, or order; not paid an annual fee. Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106(b). An alternate person may be delegated as the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. D S'g d by: Signature: 9-" ! 2W Date: 3/22/2023 THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA: Email: Non-Discharge.Reuo rts(& ncdenr.zov Laserfiche Upload: https:Hedocs.deg. ne.2ov/Forms/NonDischar2e-Branch- Submittal-Form-Ver2 FORM: WWIS-R 02-21 Page 6 of 6 DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 COPY OF MOST RECENT WWTP ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 25, 2020 MICHAEL A. MELTON — ENGINEERING MANAGER AQUA NORTH CAROLINA, INC. 4163 SINCLAIR STREET DENVER, NORTH CAROLINA 28037 Subject: Permit No. WQ0000088 Governors Club WWTP Reclaimed Water Generation and Dedicated Utilization System Chatham County Dear Mr. Melton: In accordance with your permit minor modification request received January 10, 2020, we are forwarding herewith Permit No. WQ0000088 dated March 25, 2020, to Aqua North Carolina, Inc. for the construction and operation of the permitted modifications, as well as the continued operation of the existing reclaimed water generation and dedicated utilization facilities. The following modifications to the subject permit are as follows: addition of a 27,000 gallon digester to enable the rehabilitation of the existing digester. This permit shall be effective from the date of issuance through July 31, 2023, shall void Permit No. WQ0000088 issued August 23, 2018, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than February 1, 2023. Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit condition since the last permit issuance dated August 23, 2018: ➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable. The following permit conditions are new since the last permit issuance dated August 23, 2018: ➢ Condition 1. 1. — Upon completion of construction and prior to operation of the permitted modifications, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted modifications have been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. ➢ Condition I.2. — The Permittee shall notify the Raleigh Regional Office, telephone number (919) 791-4200, at least two business days in advance of initial operation of the constructed facilities so that the Division can conduct a startup inspection. D EQ�� North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NoarH c aaouNa � Department tEnvironmentalQuality /`� 919.707.9000 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 Mr. Michael A. Melton March 25, 2020 Page 2 of 2 ➢ Condition I.3. —Prior to operation of the modified facilities, a Final Operation and Maintenance Plan shall be submitted for review. ➢ Condition I.4. — Within 180 days of permit issuance, the Permittee shall submit a permit modification. ➢ Condition II.18. — Setbacks have changed to reflect rules in place at the time of permitting. ➢ Condition III.18 — Metering equipment shall be tested and calibrated annually. ➢ Condition III.21. — Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. ➢ Condition III.22. — If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be routed to the 1.5 MG 5-day upset pond until the problems associated with the reclaimed water generation system have been corrected. ➢ Condition IV.8. — Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the reclaimed water generation and dedicated utilization facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. ➢ Condition IV.10.b. —The maintenance log shall include irrigation equipment calibration. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this permit, please contact Tessa Monday at (919) 707-3660 or tessa.monday(E�ncdenr. gov. Sincerely, S. Daniel Smith, Director Division of Water Resources cc: Chatham County Health Department (Electronic Copy) Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Ben Clawson, PE — Municipal; Engineering Services Company, PA (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENERATION AND DEDICATED UTILIZATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Aqua North Carolina, Inc. Chatham County FOR THE operation of a 300,000 gallon per day (GPD) reclaimed water generation and dedicated utilization facility treating domestic and commercial wastewater generated by the following sources: • All residences within the Governors Club Development; • All facilities within the development owned by Governors Club, Inc.; • All facilities within the development owned by Governors Club Property Owners Association, Inc.; • The North Chatham Elementary School; • The North Chatham High School; • Two residential services for the Green family; and • The office of Sandhills Grading & Pipe Corporation. consisting of the: construction and operation of a 27,000 gallon aerobic digester with two 130 gallon per minute (GPM) submersible pumps; and all associated piping, valves, controls, and appurtenances; the continued operation of Phases I and II (200,000 GPD total capacity) consisting of. a 60,000 gallon aerated flow equalization tank (covered and with odor control system) with a 250 cubic foot per minute (CFM) blower and two 175 gallon per minute (GPM) pumps; two 100,000 GPD extended aeration wastewater treatment plants each consisting of a flow control and splitter box, aeration tanks totaling 150,000 gallons in capacity with two 365 CFM blowers (an extra 365 CFM blower shall serve as a reserve for both plants), multiple clarifier units with a total capacity of 20,830 gallons, a chlorination system with two tablet chlorinators and a 3,125 gallon chlorine contact tank, a tertiary filtration unit with dual 35 square foot (ft2) filter cells (air scour for both units provided by a 140 CFM blower), a 5,250 gallon clearwell and two 535 GPM pumps, and a 5,950 gallon mudwell with two 175 GPM pumps; a 45,000 gallon aerated sludge holding tank (aerated from main plant aeration system); and all associated piping, valves, controls, and appurtenances; the WQ0000088 Version 4.1 Shell Version 200201 Page 1 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 continued operation of Phase III (100,000 GPD total capacity) consisting of a 30,000 gallon aerated flow equalization tank (covered and with an odor control system) with a 100 CFM blower and two pumps; a 100,000 GPD extended aeration wastewater treatment plant, consisting of a flow control and splitter box, aeration tanks totaling 150,000 gallons in capacity with three 325 CFM blowers (an extra 365 CFM blower shall serve as a reserve for both plants), multiple clarifier units with a total capacity of 20,830 gallons, a chlorination system with two tablet chlorinators and a 3,125 gallon chlorine contact tank, a tertiary filtration unit with dual 35 ft2 filter cells, a 70 CFM blower, a 5,250 gallon clearwell and two 525 GPM pumps, and a 5,950 gallon mudwell with two 175 GPM pumps; a 15,000 gallon aerated sludge holding tank; and all associated piping, valves, controls, and appurtenances; the continued operation of: an ultraviolet (LTV) disinfection system; continuous flow monitoring and recording device; dosing chamber with two 280 GPM pumps to convey effluent to the 5-day detention pond or irrigation pond; continuous turbidity monitoring and recording device; telemetry system; automatically - activated backup generator system; and all associated piping, valves, controls, and appurtenances; the continued operation of. a 1.5 million gallon (MG) 5-day detention pond; 15.5 MG irrigation pond; 15.0 MG irrigation pond with two 570 GPM pumps to transfer reclaimed water to the other irrigation pond; and all associated piping, valves, controls, and appurtenances; and the continued operation of: a 234,128 GPD reclaimed water irrigation system with a 195.68 acre spray irrigation area; and all associated piping, valves, controls, and appurtenances to serve the Governors Club WWTP, with no discharge of wastes to surface waters, pursuant to the application received January 10, 2020, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through July 31, 2023, shall void Permit No. WQ0000088 issued August 23, 2018, and shall be subject to the following conditions and limitations: I. SCHEDULES Upon completion of construction and prior to operation of the permitted modifications, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted modifications have been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit, and shall provide a final engineering certification upon project completion. Mail the Engineering Certification to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non- Discharge.Rgportskncdenngov. [15A NCAC 02T .0116(a)] 2. The Permittee shall notify the Raleigh Regional Office, telephone number (919) 791-4200, at least two business days in advance of initial operation of the constructed facilities so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)] 3. Prior to operation of the modified facilities, a Final Operation and Maintenance Plan shall be submitted for review. The plan shall be sent to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 or Non-Discharge.Reportskncdenr.gov. [15A NCAC 02T .0108(b)(1)(B), 02U .0801(a)] WQ0000088 Version 4.1 Shell Version 200201 Page 2 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 4. Within 180 days of permit issuance, the Permittee shall provide the following in a permit modification: a. A setback waiver for the treatment facility (50 feet to property owned by Governors Club Inc) pursuant to 15A NCAC 02U .0701(a). b. An easement waiver for the Duke power lines for both storage ponds. c. An easement for the irrigation fields filed with the Chatham County Register of Deeds that meets the requirements of 15A NCAC 02L. 0107(f). d. A scaled map showing the irrigation area wetted perimeter, parcel lines, surface waters, stormwater structures (ditches, inlets, etc.) and groundwater wells. Identify the originally permitted 128 acres of irrigation area. [15A NCAC 02T .0108(b)(1)(13)] 5. The Permittee shall request renewal of this permit on Division -approved forms no later than February 1, 2023. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject reclaimed water facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement reclaimed water generation and utilization facilities. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A. [ 15A NCAC 02U .0301 ] 5. Application rates shall not exceed those specified in Attachment B. [ 15A NCAC 02U .0401(g)] 6. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)] WQ0000088 Version 4.1 Shell Version 200201 Page 3 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 7. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or otherwise marked to identify the source of the water as being reclaimed water as follows: a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less; b. Identification tape shall be at least three inches wide and have white or black lettering on purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe; and c. Existing underground distribution systems retrofitted for the purpose of conveying reclaimed water shall be taped or otherwise identified as noted in 1I.7.a. and 11.7.b. This identification need not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. [15A NCAC 02U .0403(c)] 8. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U .0403(d)] 9. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .0403(e)] 10. There shall be no direct cross -connections between the reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403(f)] 11. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .0403(g), 02U .0403(h)] 12. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)] 13. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)] 14. Reclaimed water irrigation fields permitted prior to September 1, 2006 have compliance and review boundaries established at the property boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02H .0219(k)(1)(C)(i)(III), G.S. 143-215.1(i), G.S. 143-215.1(k)] 15. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [ 15A NCAC 02L .0107(c)] WQ0000088 Version 4.1 Shell Version 200201 Page 4 of 13 DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 16. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 17. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Chatham County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] 18. The facilities herein were permitted per the following setbacks: a. The original irrigation sites of 128 acres were converted from wastewater irrigation to reclaimed water irrigation on April 13, 1998. The remaining 67.68 acres of reclaimed water irrigation sites were originally permitted June 2, 2000, July 30, 2004, and August 2, 2004. The setbacks for spray irrigation sites originally permitted or modified from June 1, 1996 to August 31, 2006 are as follows (all distances in feet): i. Surface waters classified SA: too ii. Surface waters not classified SA: 25 iii. Each water supply well: 100 iv. Each non -potable well: 10 v. Each swimming pool: 25 [15A NCAC 02H .0219(k)(1)(C)(i)] b. The storage and treatment units (300,000 GPD treatment plant, 5-day storage pond, and effluent storage pond) were originally permitted October 4, 1988. The setbacks for storage and treatment units originally permitted or modified from October 1, 1987 to January 31, 1993 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: too' ii. Each private or public water supply source: 100 iii. Each well with exception of monitoring wells: 100 iv. Each property line: 50 Z v. Nitrification field: 20 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. WQ0000088 Version 4.1 Shell Version 200201 Page 5 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 c. The storage and treatment units were originally permitted August 2, 2004. The setbacks for storage and treatment units originally permitted or modified from June 1, 1996 to August 31, 2006 are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 50 iii. Each well with exception of monitoring wells: 100 iv. Each property line: 501 v. Nitrification field: 20 1 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. d. The 27,000 gallon aerobic digester was originally permitted March 25, 2020. The setbacks for storage and treatment units originally permitted or modified on or after September 1, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [ 15A NCAC 02U .0701(b), 02U .0701(h), 02U .0701(i)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02U .0101] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in detail to show what operations are necessary for the system to function and by whom the operations are to be conducted; b. A description of anticipated maintenance of the system; c. Provisions for safety measures, including restriction of access to the site and equipment; and d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation, and contact information for personnel, emergency responders, and regulatory agencies; [ 15A NCAC 02U .0801(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] WQ0000088 Version 4.1 Shell Version 200201 Page 6 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [15A NCAC 02U .0401(e)] 5. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U .0801(b)] 6. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [ 15A NCAC 02U .0801(c)] 7. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)] 8. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02U .0801(d)] 9. Only reclaimed water generated from the Governors Club WWTP shall be irrigated on the sites listed in Attachment B. [15A NCAC 02U .0101] 10. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [15A NCAC 02U .0801(e)] 11. The Permittee shall prohibit public access to the wastewater treatment and storage facilities. [15A NCAC 02U .0402(e)] 12. Public access to reclaimed water utilization sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. [15A NCAC 02U .0501(a)(2)] 13. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .1100, 02U .0802]. 14. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities. [15A NCAC 02U .0402(g)] 15. Freeboard in the 15.5 MG irrigation pond, 15 MG irrigation pond, and 1.5 MG 5-day upset pond shall not be less than two feet at anytime. [15A NCAC 02U .0401(h)] 16. Gauges to monitor water levels in the 15.5 MG irrigation pond, 15 MG irrigation pond, and 1.5 MG 5- day upset pond shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02U .0801(f)] 17. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02U .0801(g)] 18. Metering equipment shall be tested and calibrated annually. [ 15A NCAC 02U .0801(d)] 19. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. [ 15A NCAC 02U .0401(d)] WQ0000088 Version 4.1 Shell Version 200201 Page 7 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 20. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. [15A NCAC 02U .0401(b)] 21. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be routed to the 1.5 MG 5-day upset pond until the problems associated with the reclaimed water generation system have been corrected. The water in the 1.5 MG 5-day upset pond shall be pumped back to the treatment plant headworks for re -treatment or treated in the 1.5 MG 5-day upset pond prior to utilization. [15A NCAC 02U .0402(d)] 22. The Permittee shall provide notification to the public and its employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501(a)(2)] 23. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [15A NCAC 02U .0501(a)(4)] 24. Normal operation of the wastewater treatment facilities involves conveyance of reclaimed water from the facilities to the five-day detention pond before being further conveyed to one of the irrigation ponds of the reclaimed water utilization facilities. During periods of normal operation, the level of reclaimed water in the five-day detention pond shall be kept low enough such that 862,500 gallons of effective storage volume shall be maintained at all times. If the wastewater treatment facilities develop an upset condition for fecal coliform (daily maximum concentration of 25 per 100 ml) or turbidity (instantaneous maximum of 10 NTU) is exceeded, the ORC, back-up ORC, or other on -duty operator shall terminate transfer of reclaimed water/wastewater effluent from the five-day upset pond to the irrigation ponds, and all wastewater effluent shall be conveyed directly to the five-day upset pond. Once the upset condition has been resolved, reclaimed water shall be conveyed directly from the wastewater treatment facilities to the irrigation ponds. Wastewater effluent stored in the five-day upset pond shall be conveyed to the headworks of the wastewater treatment for re -treatment. Only after all wastewater effluent that is stored in the five-day detention pond is successfully re -treated and meets the reclaimed water quality criteria in Attachment A, shall normal operating procedures be resumed. [15A NCAC 02U .0402(e)] IV. MONITORING AND REPORTING REQUIREMENTS 1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the generated reclaimed water at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] WQ0000088 Version 4.1 Shell Version 200201 Page 8 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 5. The Permittee shall maintain records tracking the amount of reclaimed water irrigated. These records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of reclaimed water irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., water level to the lowest embankment elevation) in the 15.5 MG irrigation pond, 15 MG irrigation pond, and 1.5 MG 5-day upset pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] 8. Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the reclaimed water generation and dedicated utilization facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [G.S. 143-215.1C(a)] 9. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02U .0802(b)] WQ0000088 Version 4.1 Shell Version 200201 Page 9 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 10. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of irrigation equipment calibration; c. Date of turbidimeter calibration; d. Date and results of power interruption testing on alternate power supply; e. Visual observations of the plant and plant site; and f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.); and g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date of occurrence, estimated volume, and corrective action taken. [15A NCAC 02U .0801(h)] 11. Monitoring wells MW-1A, MW-3A, MW-7, and MW-9 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] 12. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] 13. Noncompliance Notification: The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any failure resulting in a discharge untreated or partially treated wastewater to surface waters. d. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition IV. 10.g. but do not require Regional Office notification. e. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. f. Ponding in or runoff from the irrigation sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Raleigh Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] WQ0000088 Version 4.1 Shell Version 200201 Page 10 of 13 DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed water generation and utilization facilities. [15A NCAC 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water generation and utilization facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02U .0801(h), 02U .0801(i)] 3. Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the reclaimed water generation and utilization facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(0)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] WQ0000088 Version 4.1 Shell Version 200201 Page 11 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02U; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: i. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be prosecuted under G.S. 143-215.613, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 25"' day of March 2020 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 7L6we�z- -7- S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0000088 WQ0000088 Version 4.1 Shell Version 200201 Page 12 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 Permit No. WQ0000088 Reclaimed Water Generation and Dedicated Utilization System Aqua North Carolina, Inc. March 25, 202C Governors Club WWTP Chatham County ENGINEERING CERTIFICATION ❑ Partial ❑ Final I, , as a duly licensed North Carolina Professional Engineer, having ❑ periodically / ❑ fully observed the construction of the permitted facilities, do hereby state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the attached as -built drawings. Description of variations: Professional Engineer's Name Firm Name Firm No. Address City State Zip Code Telephone Email Seal, Signature, and DatejW THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES NON -DISCHARGE BRANCH By U.S. Postal Service By Courier/Special Delivery 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 WQ0000088 Version 4.1 Shell Version 200201 Page 13 of 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 THIS PAGE BLANK DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— Reclaimed Water Generation System Effluent Permit Number: WQ0000088 Version: 4.1 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 10 15 2 x Month Composite 00940 Chloride (as Cl) mg/L 3 x Year' Composite 50060 Chlorine, Total Residual 5 x Week Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C OGPD 14 25 2 x Month Grab 50050 Flow, in Conduit or thru Treatment Plant 234,128 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 2 x Month Composite 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 2 x Month Composite 00620 Nitrogen, Nitrate Total (as N) mg/L 2 x Month Composite 00600 Nitrogen, Total (as N) mg/L 2 x Month Composite 00400 pH su 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L 75 2 x Month Composite 70300 Solids, Total Dissolved — 180 °C mg/L 3 x Year' Composite 00530 Solids, Total Suspended mg/L 10 2 x Month Composite 00076 Turbidity, HCH Turbidimeter NTU 10 Continuous 2 Recorder 1. 3 x Year sampling shall be conducted in March, July, and November. 2. To ensure that the ORC, back-up ORC, or other on -duty operator has sufficient time to conduct manual operation of valves that are needed to prevent wastewater effluent from not meeting the reclaimed water quality standards from being conveyed to the irrigation pond of the reclaimed water facilities, the set -point on the turbidimeter that triggers the alarm and initiates the telemetry system shall be set at no higher than 6.0 NTU. WQ0000088 Version 4.1 Attachment A Page 1 of 1 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 THIS PAGE BLANK DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 ATTACHMENT B - APPROVED DEDICATED LAND APPLICATION SITES Aqua North Carolina, Inc. - Governors Club WWTP Permit Number: WQ0000088 Version: 4.1 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units 1 Governors Club Inc. Chatham 35.843333' 79.0388891 5.87 01284 - Non -Discharge Application Rate 0.40 16.09 inches 2 Governors Club Inc. Chatham 35.840556' 79.0411111 9.08 01284 - Non -Discharge Application Rate 0.40 16.09 inches 3 Governors Club Inc. Chatham 35.840278' 79.040278' 0.90 01284 - Non -Discharge Application Rate 0.40 16.09 inches 4 Governors Club Inc. Chatham 35.837778' 79.0386111 6.40 01284 - Non -Discharge Application Rate 0.40 16.09 inches 5 Governors Club Inc. Chatham 35.840556' 79.0319441 8.40 01284 - Non -Discharge Application Rate 0.40 16.09 inches 6 Governors Club Inc. Chatham 35.842778' 79.0338891 7.14 01284 - Non -Discharge Application Rate 0.40 16.09 inches 7 Governors Club Inc. Chatham 35.844444' 79.033333° 7.31 01284 - Non -Discharge Application Rate 0.40 16.09 inches 8 Governors Club Inc. Chatham 35.847222' 79.0338891 7.38 01284 - Non -Discharge Application Rate 0.40 16.09 inches 9 Governors Club Inc. Chatham 35.848889' 79.0386111 7.29 01284 - Non -Discharge Application Rate 0.40 16.09 inches 10 Governors Club Inc. Chatham 35.850000' 79.0344441 5.56 01284 - Non -Discharge Application Rate 0.40 16.09 inches I Governors Club Inc. Chatham 35.850833' 79.0325001 3.56 01284 - Non -Discharge Application Rate 0.40 16.09 inches 12 Governors Club Inc. Chatham 35.851389' 79.0330561 2.59 01284 - Non -Discharge Application Rate 0.40 16.09 inches 13 Governors Club Inc. Chatham 35.852778' 79.0361111 7.65 01284 - Non -Discharge Application Rate 0.40 16.09 inches 14 Governors Club Inc. Chatham 35.850833' 79.039444' 2.90 01284 - Non -Discharge Application Rate 0.40 16.09 inches 15 Governors Club Inc. Chatham 35.848056' 79.0416671 5.97 01284 - Non -Discharge Application Rate 0.40 16.09 inches 16 Governors Club Inc. Chatham 35.843056' 79.0413891 8.34 01284 - Non -Discharge Application Rate 0.40 16.09 inches 17 Governors Club Inc. Chatham 35.843611 ° 79.0388891 6.04 01284 - Non -Discharge Application Rate 0.40 16.09 inches 18 Governors Club Inc. Chatham 35.845000' 79.039444' 10.81 01284 - Non -Discharge Application Rate 0.40 16.09 inches 19 Governors Club Inc. Chatham 35.849444' 79.039722' 17.08 01284 - Non -Discharge Application Rate 0.40 16.09 inches 20 Governors Club Inc. Chatham 35.848611 ° 79.0450001 3.80 01284 - Non -Discharge Application Rate 0.40 16.09 inches 21 Governors Club Inc. Chatham 35.849444' 79.0638891 5.70 01284 - Non -Discharge Application Rate 0.40 16.09 inches 22 Governors Club Inc. Chatham 35.853056' 79.0505561 6.00 01284 - Non -Discharge Application Rate 0.40 16.09 inches 23 Governors Club Inc. Chatham 35.852222' 79.0541671 3.90 01284 - Non -Discharge Application Rate 0.40 16.09 inches 24 Governors Club Inc. Chatham 35.849444' 79.0580561 4.20 01284 - Non -Discharge Application Rate 0.40 16.09 inches WQ0000088 Version 4.1 Attachment B Page 1 of 2 DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 25 Governors Club Inc. Chatham 35.846944' 79.037222' 4.70 01284 - Non -Discharge Application Rate 0.40 16.09 inches 26 Governors Club Inc. Chatham 35.8466670 79.0472221 5.70 01284 - Non -Discharge Application Rate 0.40 16.09 inches 27 Governors Club Inc. Chatham 35.8394440 79.0411111 3.12 01284 - Non -Discharge Application Rate 0.40 16.09 inches 28 Governors Club Inc. Chatham 35.8377780 79.0455560 8.60 01284 - Non -Discharge Application Rate 0.40 16.09 inches 29 Governors Club Inc. Chatham 35.8363890 79.0497220 9.52 01284 - Non -Discharge Application Rate 0.40 16.09 inches 30 Governors Club Inc. Chatham 35.834167' 79.05611 P 10.07 01284 - Non -Discharge Application Rate 0.40 16.09 inches Totals 195.58 WQ0000088 Version 4.1 Attachment B Page 2 of 2 DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Permit Number: WQ0000088 Version: 4.1 Monitoring Wells: MW-1A, MW-3A, MW-7, and MW-9 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00680 Carbon, Tot Organic (TOC) mg/L 3 x Year Grab 1,6 00940 Chloride (as Cl) 250 mg/L 3 x Year Grab 1 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 3 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 3 x Year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1 00400 pH 6.5-8.5 su 3 x Year Grab 1,2 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 1 70300 Solids, Total Dissolved - 180 °C 500 mg/L 3 x Year Grab 1 GWVOC Volatile Compounds (GW) Present: Yes/No Annually Grab 1, 4, 5 82546 Water Level, Distance from measuring point feet 3 x Year Calculated 1, 2, 3 1. 3 x Year monitoring shall be conducted in March, July, and November; Annual monitoring shall be conducted in November. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. 4. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 µg/L or less b. Standard Method 621 OD, PQL at 0.5 µg/L or less c. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used shall meet the following qualifications: a. A laboratory shall be DWR certified to run any method used. b. The method used shall include all the constituents listed in Table V II of Standard Method 6230D. c. The method used shall provide a PQL of 0.5 µg/L or less that shall be supported by laboratory proficiency studies as required by the DWR Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 µg/L shall be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Raleigh Regional Office supervisor, telephone number (919) 791-4200, shall be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. If TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysis shall be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/L, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment. WQ0000088 Version 4.1 Figure 1 Page 1 of 1 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 ATTACH M ENT A - SITE PL FIELD #22 6.0 AC r, 14f111 / .i)1 ft�•-ar ,, tr rM1•.-«,•\ r! FIELD #23 AC._ ! I f t 1 - +3 ' 4J > au 1 '+, i ✓/ + 'r � R � zap -� i,.. �t �- i rAQ� i FIELD #24 4.2 AC '� r' •( r,< - ,' ,y:':kr' f'�+Miry �, rs\ rs< ,r �. A!7 l °° \ ',• .t r \ � • w 1' w1 I i` , 1 . ! \ S /7 r Ta, 'R' � 7 7 3 < L r f,F••t. r' T r . f. j „� ! �•�`, `.1 �.� =_ .1 ci sub @.��`•`J�-i� .......... _I!ws-`f fa ,,`,`ya!` ��`,,11 5l z><�,• I ILI.T4J'!1iL r5 sij. F'f CIA 4�1 '+ FIEM*r[ 46� -r ° n,.---�-_. / :vs �-' yia �t ! - - - - •F, ' `� '`'1'� 1 A. tLr . tf - I '''� + +s � ,ra "< I •i3 +,t, ,w r 'l , z� ttf � .:H - - ,. �, ril'.t ��.•• ?'t rI ` >f � fin'\ l jr 1 •` ,� Ir riot �""s t " FIELD # 30 (NEW) 10.07 AC r _ ......... FI Lf7,�1� - a /,,j7. 5 A( I i f „L. M4YA 1A FIELD#14' 2,9 ACC t i'I FIELD #14. 6.4(X45'f`fl 12.88 AC'' ; 7 9-LE y r.� I FIELD #12 `€ 2.59 AC , 1, FI LI . 15 r� 0.80 AC 1 EXISTING} L � r \- ;� r FIELQ # 16 / -8,54 AQ f N 516c i t TING) t nn••n�lw�nntncrit�•': ( POND FIEL01 4 ,, RR WELL 0 90 A U7A"seiT#11h1r.= YACt 11 /IL 4 FIELD #10 5.56 AC 3.56 AC (EXPANDED? k__� FIELD #8 7.38 AC > r"",fit � 11-1�€:F7•,a�l/�4J" �< <,`._,.,.._ '" 5..� • as i f Aly f err � s`r��t *� '- !s _�f• 'I � ,c �,x �•• rarl> •, r,a I \ •�• �`�. Ai CA/v } RECEIVEDINCDEQIDWR JAN 1 9 2018 Non -Discharge Permitting Unit FIELD #7 7.31 AC FIELD #s NORTH Ir 7.14-AC (EXPANDED) aoo zoo' o aoo' aoo' FIELD #18 I w 15.16 AC (EXISTING) SCALE: 1" = 400' 10.81 AC ('EXPANDED) �• IPTSE) RW.fpELI r7LOCATION OF IRRIGATION WELLS (NOT IN U MW#9 Mwg •'•� LOCATION OF MONITORING WELLS (NOT N USE) NON DISCHARGE APPLICATION REPORT, PERMIT # WODOOOD88 DATED:.'ULY 2002, TOTAL FIELDS ARE 26, TOTAL AREA SPRAYED= 459.51 AC TOTAL IPiCREASE IN SPRAY FIELDS THROUGH EXPANSIONINEW= 36.17 AC / THE TOTAL SPRAY FIELDS= 195.68 AC FIELD # HOLE # EXISTING EXPANDED NEW AREA SPRAYED ARF1i YED 1 t 5.87 5.87 2 2 5.16* 9.08* 3 2 GREEN 0.90 0.90 FIELD #5 4 3 6,40 6A0 I3,4 AC 5 6 5 .8.40 8 8 .8303 fir' 714 7 7 T31 7.31 8 8 7.38 738 ti . NEW 1' II -Ca �. .��jIv EXISTING )' !••ILV. (1"O D REUSE4 H'� t W,W.T.P• D 10 10 11 6.17* 5.66 7'29 k 5.56 I ' // - u x`)f.<•+/ �� tC ,; \, 11 12 13 11 TEE 12 13 0.60 * 2.59 1,66 3.56 �[ 2.59 7.65 1 i , ✓✓ i 4 rf j [ i' 1 r � �'" 14 15 15 16 2,90 5.97 2.00 5.97 5 �• .- "/ 16 17 0.34 8,34 /0 DUKE EASEMENT 604 15116* 6.04 1001* ,s rc^l t' f 19 RANGE 17.08 17.08 3QQ L/� JA,Fy3 20 19 3.80 3.80 s...11ll yr r } f` 1• .`,� 21 22 20 22 5.70 6,00 S.7D 600 MW#7 I. r 23 24 ..23 24 3.90 4.20 3J90 .20 4 r r s. r i }s.j t I r i 4'S y, ` �•.,I, -•• u, 25 26 26 27 4.70 5J0 � 1.70 5.70 ( l► 11'La-f_- -- - a^••^•-' 27 NEW DUKE EASEMENT 3.12 WATERSHED NOTE: FIFI.DS 2,6,27,2B,29 AND 30 DRAIN INTO U.T. TO OVERCUP CREEK (WS IV, NSW) FIELDS 9 AND 11 DRAIN INTO U.T. TO CUB CREEK (WS IV, NSW) 28 NEW DUKE EASEMENT 6,60 29 NEW DUKE EASEMENT 30 NEW DUKE EASEMENT R52 10,07 EXISTING 5 DAY 1%,61AC 195.68AC UPSET POND FINAL DESIGN I»rNOT 11tl VC RELEASED FOR CONSTRUCTION F_ Z m O a d' ''U^^ w w 0 = Z aDw w F- O c O U0( J w Z Z �O U a_j L` w uj Z z [ W J0Z UF-� t�ZO �OUoo U Z Q o �w > P: Ix 0 L) 0 a (5 < 3: Z � fY +, O U t`n. a'Z¢N UZU W Z O U Z N � N a BY VVI' JRM BY DATE 01 /18 1 OF 1 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 ATTACHMENT C - FLOW REDUCTION State of North Carolina Department of Environment, Health and Natural Resources )ivision of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 11, 1994 William J. Brinn, Jr., Vice President Governors Club Development Corporation Post Office Box 2615 Chapel Hill, North Carolina 27515 RE: Governors Club Development Corporation Governors Club Chatham County Dear Mr. Brinn: AAR4 �EHNFi On February 25, 1994, the Division received your flow reduction request and support documentation concerning flows associated with present residences in Governors Club. Your letter requested the Division allow the use of a flow rate of 240 gallons per day per residence rather that the 120 GPD per bedroom required by the North Carolina Administrative Code. In support of your request, documentation and flow data was supplied from Crayton Utility Company's Bellefem Wastewater Treatment Facility, Permit No. 15166, and the Governors Club Limited Partnership Wastewater Treatment 7�acility, WQ0000088. An evaluation was made using the flow data supplied for the Governors Club Wastewater Treatment Facility which includes 12 months of data starting from February, 1993. In accordance with 15A NCAC .0219(1)(3), the peak month was found to be December, 1993, and a flow rate was determined by averaging the three (3) peak days of that month. A flow rate of 222 GPD was calculated. The Crayton Utility flow data for December, 1993 and January, 1993 was used to confirm the flow rate found with the Governors Club flow data. In view of the information submitted, the Division of Environmental Management will allow the use of 240 GPD per residence on all applicable non -discharge permit applications for future wastewater collection extensions in Governors Club which are made tributary to the Governors Club Limited Partnership Wastewater Treatment Facility, WQ0000088. This consideration applies to any applicable future projects submitted to this Division as well as any projects which are presently under review. This letter must be submitted with future wastewater collection extensions applications. All wastewater collection systems previously approved will require a $400.00 fee to amend each permit to account for the change in flow made tributary to the Governors Club Wastewater Treatment Facility. If you have any questions or comments regarding this matter, please contact Mr. Michael D. Allen at (919) 733-5083. Sincerely, /, Jr., P.E. cc: Raleigh Regional Office, Water Quality Creston Hj� W. Lee Fleming, Jr. State Engineering Review Group P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 Measure Monthly Average Wastewater Flow Contributed Per Home Facility ID A-NC-CT-5303-WWO05-WW01 WWTP Governors Club WWTP Flow Date .- 2/1/2023 300,000 Daily 81,295 Number of Actuve 1,114 Current Approved 240 gpd per Home 240 Measure Monthly Average Per Home (gpd per home) 73 Percent Difference Between Monthly 240gpd per home 70% A-NC-CT-5303-WWO05-WWO1 Governors Club WWTP 1/1/2023 300,000 102,916 1,114 240 92 62% A-NC-CT-5303-WWO05-WW01 Governors Club WWTP 12/1/2022 300,000 104,921 1,114 240 94 61% A-NC-CT-5303-WWO05-WWO1 Governors Club WWTP 11/1/2022 300,000 106,860 1,114 240 96 60% A-NC-CT-5303-WWO05-WW01 Governors Club WWTP 10/1/2022 300,000 96,050 1,113 240 86 64% A-NC-CT-5303-WWO05-WWO1 Governors Club WWTP 9/1/2022 300,000 93,307 1,108 240 84 65% A-NC-CT-5303-WWO05-WW01 Governors Club WWTP 8/1/2022 300,000 86,632 1,107 240 78 67% A-NC-CT-5303-WWO05-WWO1 Governors Club WWTP 7/1/2022 300,000 100,753 1,105 240 91 62% A-NC-CT-5303-WWO05-WW01 Governors Club WWTP 6/1/2022 300,000 92,443 1,105 240 84 65% A-NC-CT-5303-WWO05-WWO1 Governors Club WWTP 5/1/2022 300,000 98,566 1,108 240 89 63% A-NC-CT-5303-WWO05-WW01 Governors Club WWTP 4/1/2022 300,000 95,087 1,105 240 86 64% A-NC-CT-5303-WWO05-WWO1 Governors Club WWTP 3/1/2022 300,000 101,976 1,104 240 92 62% A-NC-CT-5303-WWO05-WW01 Governors Club WWTP 2/1/2022 300,000 98,713 1,104 240 89 63% DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 ATTACHMENT D -CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY UTILITIES COMMISSION RALEIGH to provide sewer utility service 2 Chatham County, North Carolina subject to any orders, rules, regulations, and conditions now or hereafter lawfully made by the North Carolina Utilities Commission. This the 10th day of October, 2005. Gail L. Mount, Deputy Clerk DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 Attachment 4 ATTACHMENT G - EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS AMEN TO AMENDED AND RESTATED WASTEWATER IRRIGATION AGREEMENT This AMENDMENT TO AMENDED AND RESTATED WASTEWATER IRRIGATION AGREEMENT is made and entered into as ofthe'24 ay of August, 2005, by and among Governors Club Limited Partnership, a Delaware Limited Partnership ("GCLP"); Governors Club, Inc., a North Carolina nonprofit corporation (`GCI"), Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation (the "POA") and Aqua North Carolina, Inc., a North Carolina corporation ("Aqua"). GCLP, GCI, the POA and Aqua are sometimes referred to herein individually as a "Party„ and collectively as the "Parties". RECITALS WHEREAS, the Parties, with the exception of Aqua, are all of the parties to a certain AMENDED AND RESTATED WASTEWATER IRRIGATION AGREEMENT dated as of December 18, 2003 (the "AMENDED AGREEMENT") regarding the treatment, disposal and discharge of effluent emanating from within a certain planned unit development located in Williams Township, Chatham County, North, Carolina and commonly known as "Governors Club" (the "Development"); and WHEREAS, the Amended Agreement was incomplete in certain respects as set forth below; and WIIEREAS, GCLP has entered into an Asset Purchase Agreement with Aqua whereby Aqua will purchase the wastewater system assets and furnish wastewater treatment services to the Development subject to the approval of the North Carolina Utilities Commission (the "Commission"); and WHEREAS, an application for approval of the transfer is pending before the Commission and the Public Staff, North Carolina Utilities Commission in its review of the application has requested the AMENDED AGREEMENT be clarified in certain respects. NOW, THEREFORE, in order to preserve for all of the Parties the benefits accruing to them pursuant to the AMENDED AGREEMENT and to satisfy the requests of the North Carolina Utilities Commission described above, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, agree to amend the AMENDED AGREEMENT as follows: Easements to GCI. The AMENDED AGREEMENT provided for the granting of easements from GCLP and POA to GCI for ingress and egress over GCLP and POA property, for spray irrigation of treated effluent by GCI on GCLP and POA property, and related matters. Through oversight, these easements were not prepared and executed. The easements in question are attached hereto as Attachments A and B and incorporated herein by reference and will be executed and delivered contemporaneously with the execution of this Agreement. DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 2. Easements to GCLP. The AMENDED AGREEMENT provided for the granting of easements from GCI and POA to GCLP for ingress and egress over GCI and POA property, for spray irrigation of treated effluent by GCLP on GCI and POA property, and related matters. Through oversight, these easements were not prepared and executed. The easements in question are attached hereto as Attachments C and D and incorporated herein by reference and will be executed and delivered contemporaneously with the execution of this Agreement. The easements will be assigned to Aqua if the purchase of the wastewater system assets is approved by the Commission. 3. Term. The original agreement replaced by the AMENDED AGREEMENT provided that the agreement would continue in effect so long as the utility continued to serve Governors Club. The AMENDED AGREEMENT failed to specify any term. 'It is understood and agreed that the term of the AMENDED AGREEMENT will commence as of December 18, 2003 and shall continue so long as GCLP or Aqua, or their successors or assigns, continue to provide wastewater treatment services to the Development. 4. Rights and Obligations of the Parties. To the extent there is any conflict between the terms and conditions of this Agreement and the AMENDED AGREEMENT, this Agreement shall control. Except as specifically amended herein, the rights and obligations of the Parties under the AMENDED AGREEMENT shall continue in full force and effect. upon approval of the transfer of the assets from GCLP to Aqua, Aqua shall succeed to the rights and obligations of GCLP under the terms of the AMENDED AGREEMENT and under the terms of this Agreement. [Next Page is Signature Page] AMENDMENT TO AMENDED AND RESTATED PAGE z WASTEWATER IRRIGATION AGREEMENT DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the Effective Date first above written. GOVERNORS CLUB LIMITED PARTNERSHIP By: Its General Partner, Governors Club Development Corporation By: President —7_ GOVERNORS CLUBfrINC. GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, INC. By: �=- President AQUA NORTH CAROLINA, INC. By: AMENDMENT TO AMENDED AND RESTATED PAGE 3 WASTEWATER IRRIGATION AGREEMENT DocuSign Envelope ID: 26131 D70E-A7EC-49OA-95FD-8OB562208OE6 SENT BY: 2-25- 4 Ub k,.LLLL) 003 0:08AM ; .4 9189328529;* 2/14 n.-w. 5 AMENDED AND RESTATED WASTEWATER-IRRICATION AGREENIENT This AMENDED AND RE ATED WASTEWATER 1MGATION AGREEMENT is made and entered into as of I;r%y, of Epff0jyg Date"}, by and &P 2003 (the ' iied Partnersbip, a Delaware Lirn1tcd'Nxtnef*p 60 among (i) Go*ernVr$ Club Min _ors. -Club, Inc,, a North Carolina nonprofit =zPorati0n*("9!q1_")gaud (ii� Governor Club Ovmers Assi'diation, 14c., a North. Carolina nonprofit corporation (the "E0AI7. GCLP, CYCI, and the P6A are sox-uetimes referred to herein each individually as,a `TgKW,11 and collectively as the "_P_a_rtjej.") RECITALS,, WHE"AS, the Parties ' are all of the parties tQ a certain Wastewater 11aigation Agreement, dated as of January 1, 1996 (the, "Original Agreement"), r'egarding'the treatment' disposal, and discharge of effluent emanating from within a certain planned unit development located .in Williams Township, Chatham County, North Carolina and commonly i�ow'ft as 41Gqvernors Club" (the "Paclopment"Yand WHEREAS, the -Parties desire to terminate the Original Agreement and amend and restate their respecfiv6 rights and obligations with respect to the subject matter tbareof, and' further desire'to accept the terms and provisions of this Agreement in lieu of the terms' and provisions ofthq Original Agreep4d. NOW, THEREFOR9, in consideration' of good and valuable, consideration, the rqceipt and sufficiency of which is hereby act n6wledged, the Parties hereto, intending to be legally bound, agree as follows: 1. - Definitions 1.1 "AgLe�et' shall mean this Amended and Restated Wastewater Irrigation Agreem'Mt, including all exhibits and schedules, hereto. -if ally, as may be amended from time to time. 1.2 "Developmrrit" shall have the raeaning. set forth -in the Reoiuds to this Agreement. 13 "PW_Q1' shall mmw the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.4 set forth in the Preamble to this 1'.5 At Xcg,$g Treated Wastewater" shall have the mea'aing set forth in Sectioxi 2,5 hereof. 1.6 "OU' shall have the meaning set forth in the Preamble to -this Apreement, 1.7 "00 'rMeff' shall mean all of the real ProPmtY Owned by GCI, Doc I uSign Envelope ID: 26BlD70E-A7EC-49OA-95FD-8OB562208OE6 lernors ROA TO-04 SENT BY: 2-25- 4 ; 0:08AN 01993285291# 3/14 1.8 "GCLP" shall have the meaning set forth in the Preamble to this Agteemant. '1.9 "GCLP Property" shall mean all property qwned,,by,GCLP That has been p I ennitted by DVQ for spray irrigation with Treated Wastewater ('s dc6ed 1 elow). 1.10 "golf Course' shall micari the golfcourse and appurtenant areas owned by 1.11 "NCUC'shall mean the North Carolina Utilities Comminion. 1,12 "OriglnO Am . emene, shall have the meaning set forth in the Tecitals to frds Agreement. 1.13 '1121:13f' and IlEggiceshall have the meanings set forth'inthe Preamble. to this Agreement- 1.14 -,_P&rnie' shall , mean the permit for operation of the Wastewater Treatment system and spray Irrigation Facilities issued by DWQ, as the same may be modified or renewed from time to time- 1.15 'Z1-aDt" shall mean the wastewater treatment plant 16cated within the Development - 1,16 --POA�' shall have ,the meaning. set forth in the Preamble to this Agreement. 1.17 IT(jA- Properly" shall mean 'all of the real property within the �,,veiopmtnt that has been dedicated or otherwise conveyed to the POA. 1.18 "Pumping SWLjqf' shall mean � certain. Pumphoust, that is 106ated adjacent to the Wet -Weather Storage Pond, the fanotion of which is to pump Treated Wastewater to and through the Spray Irrigation Facilities (as defined below). 1.19 "Second P-Qjy-er Line A-VCW' shall have the meaning sct forth in Section 23(a)(i) hereof 1.20 "Spray Areas" !;hall mean all areas of the GCLP Property, GC1 Property, POA Property, and other land upon which GCLP has obtained or obtains a Peunit to dispose of Treated Wastewater through the Px6cess of spray irrigafton' 1.2.2 ",bray lza�--,qtion Facilities"'shall mean all water lines, pumping stations, pumps, booster pumps, irrigation r1.9ation and spray devic6s, controls and other devices used in, the . spray application of Treated Wastewater ftm the Wastewater Treatment System upon the Spray Area; together with all appurtenant casements. 1,22 11&Myjg:jgatjon Facilities Maintenance Lee' shall mean the fee sp6cified in Section 2-A hereof PAQF. 2 OF 13 -1 - .LV, VA. rtA n I m —%, DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 Dvernors Club POA 30N 1 IJT I 2-25- 4 ; 0:08AM 9199328529;# 4/14 1.23 "Superintendent" shalt mean the superintendent of the Golf Cbursd. 124 "Third- Pow-ct Line Area" shall have the meaning set forth in Section 2.3(c) hereof. 1,25 "TICSted'MLa—StMatee' Shall Mean the wastewater; that has been treated by GrCLP to the point that it xneets all quality standards required by the Permit 1.26 ' "Wastewater Tmatmgnt—Systerg7' � shall mean the Plant, the collection system that delivers wastewater to the Plant, the holding ponds, porids, monitoring wells; and other facilities used in the coDection, treatment, holding and discharge of the wastevater except _Rp.,-ay Irrigation Facilities. 1.27 'Vet -Weather Storage P-w&' shall mean the facility designed to store Treated Waste -water (as defined above) that is available for TTRYing via the Spray Irrigation Faciliti6s (as defined above)- 2, ObliffatioM and 2.1 Qperation and Maintenance of the wastewater .'Lreatrnent-Svstr-n, GCLp shall operate and tnaintairi the Wastewater Treatment System as required by the Pen -nit and in a rjaarMer consistent * with this Agvecibent and with all applicable laws, ragalations, and ordinances, including, without limitation, taking such actions as'arie necessary io ensure that the Treated at eT produced by the Wastewater Treatment System complies with theP=At and all applicable, standards, . 22 Capacity of )KqjtyMatqr Treatment .System and—Umitatign of Users. GCLp herewith reconfirms its existing obligation to provide wastewater treatulent services to all re;zj.de,uts of the Development, including at least 1,200 single-family residential customer Connections. GCLP shall not provide wastewater treatinent service to any person or entity other than residents of the Development, GO and POA facilities, North Chatham School residents of the, homes now or formerly occupied by the Green Family (two smices), the office now menpied by Sandhills Grading & Pipe Corporation, and the potential North Chatham High -tool (9-12). 23 Fennjtfin%--aud Qonstruction of Improvements to the Wastewater Treatment System and Spra-Y Ir—rigatian _Facilities. (a) GCLF shall, as part of the renewal and modification of the Permit —p=din L&S)Lthe Effective Date, seek approval royal from I)WQ_.to: (i) co;astract and operate spray irrigation facilities on an additional approximately 36 acres of spray irrigafion facilities in Duke Power right-of-way, with a minim -am effective: (1.e-, wettable) spray area of a net additional 20 acres (the "Second Power one Area"); PAGE 3 OF 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 -,rernors Uiub FOA [a 006 CENT BY: 2-25- 4 ; 9:09AM 9199328529;# 5/14 (ii) construct and operate a net additional 13.5 effective spray acres cin the Golf Course and adjacent sbou)de,r'areas, including POA Property; and (iii) inako any improvements required to &)low usage of the enfirelexistingpermittcd Spray Areas for spray irrigationg! GCLj? shall begin construction of the foregoing improvements within 30 days of Z)WQ approval thereof and complete construction and place the facilities into- ppqration ' in -a timely manner; e r, t n. _hQWEVe that Teliabilitatioor repairs .for which no o' perin'it, , modification is required to allow triage of"existing permitted areas for spray irription shall commence within 60 days of the Effective Date. (b) GCLP finther shall make the following improvements to the Spray Irrigation Facilities in a timely manner (to the extent that DWQ -approval for,.sucli impro-ve,rAents is required GCLP shall seek such approval as part of the roaeWal and modification of the Permit): (i) Add computer controls to allow remote operation of all spray irrigation facilities, jucluding both new and existing facilities; '' (ii) Add piping to allow delivery of Tieated Wastewater to.the ., power line areas independent of the fresh water irrigation system; - (iii) Modify the Wet Weather Storage Pond to rxiaximize and improve draw&wa. through the following: (aa) construction of a larger bottom intake,ar installation of one or more additional submerged intakes with piping of sufficient size to accoxnmodate additional capacity; (bb) ipgallation of a floating intake. , (c) GCLP shall place under contract, within 60 days of the F_ffertj-,& Date and shall purchase.by May 31, 2004, an identified area of hind composed of an addilional, appyoximately 53.6 acres currently owned by Duke Power, with a minimum effectivc (wettable) spray area of a net additional 38 acres (the 'Mi9d Power Line Atgg"% provided Duke Power is willing to sell such land at prevailing market rates and soils testing confirms that the land is suitable for spray irrigation W sccordance'witb DyQpciluitting rcgiiirements. (d) GCLP shall seek inclusion, in thu. Permit upon renewal and modification a condition requiriog GCLP to obtain all necessary permits and submit to DWQ appTovable plans and specifications for the construction of an additional 15,000,000 *gallons of wet, weather storage capacity prior to average flows to the -ox- three consecutive vVastewater Tireatmarit System exceeding 90,000 gallons per day f mouffis. GCLP farther shall comply with such permit condition and complete construction 4 and place into operation, the additional storage capacity in a timely PArjE 4 of 13 -U1111) FOA DocuSign Envelope ID: 26131 D70E-A7EC-49OA-95FD-8OB562208OE6 -v rnor8 Q1 007 2-25- 4 9:09AM 9199328529;# 6/14 fashiorl following approval of the plans and specifications by DWQ. .Additional storage capacity shall be added without effecting a net,decrenei in wettable acreage; to the extent necessary to achieve this goal, additional wettable acreage in the Duke Power ri6t-of- way or the Golf Course shoulder areas will be added to the 'Spray Irrigation Facilities in conjuriction with the construction of the additional wet weather storage capacity required by tjus section, (e) GCLP shall seek inclusion in the Permit upon'renewal and viodification a condition requiring GCLP to obtain all necessary perrndts and submit to 1, DWQ -zipprovable plans and specifications for construction of spray irrigation'fao-ilff"fie's in + a as wa -c ,:,Ic Third Power Line Area, or for the consuvetion And operation 6f w te t r discharge system to serve comparable flow, pn 'or to average flows to the Wastewater Treatxnent System exceeding 125,000 gallons per day for three consecutive months, i3CLP finther shall comply with such permit condition and to complete construction of, and place into operation, any Mquired construction of the additional spray irrigation or 't specifications dischairge facilities in a timely fashion following approval of the plans and sp cation by DWQ. % GCLP shall seek inclusion in the Permit upon renewal and modification a condition requiring GCLP to obtain all necessary permits and submit to DWQ approvable plans and' specifications for the construction of an additional 10,000,000 gallons of wet weather 'OtOM&O capacity prior to average flows to the Wastewater Treatment System exceeding 180,000 gallons per day for three consecutive months, GCLP further shall comply with such permit condition and to complete construction o� and place into operation, the additional storage capacity in a timely fashion following approval of the plans and specjfications by DWQ. Additiogal storage capacity shall be added without effecting a;net decrease in wettable acreage. Nor to average flows to the Wastewater Treatment system, exceeding 160,000 gallons per day for three consecutive months, GCLP will prepare and svbrnii to GO and POA an Engineering Alternatives Analysis detailing Potential alternatives for disposal , of treated effluent above 180,000 gallons per day, and identifying a preferred alternative for implammiation. No later than. 60 days after a preferred alternative for disposal of treated effluent above 190,000 gallons per day has been identified, GCLP shall seek regulatory approval of such alternative and te., imp)erlient such alterjuativr" in a timely fashion upon: receiving sack. approval. 2A, $nrav Irdgadqn-Papilities Maintenance Fee. a-Spray-irrigatiori Faefli ,Maintenance Fee in the amount of $12?360 per year, paid in monthly payments bf $1,030 on the 101h day of each montb following the month in which maintenance services are provided by GO, until such fee is modified pursuant to Section 2,4(b) of this Agreement, I I (b) GCLP shall increase the annual Spray hTIRation Facilities Mainteriance Fee paid to CTC1 to $75,000 per ycax, paid in monthly. payments of $6,250 on the 10") day of each month following the month in which maintenance services are PAGE 5 OF 13 DocuSign Envelope ID: 26BlD70E-A7EC-49OA-95FD-8OB562208OE6 Vernors Club POA 008 111�7.. 1.. 1-111 - 9-25- .4 ; 9:00AM ; -4 918982852S;# 7/14 provided by * GCI, with an adjustment every five years on July I based 'on *the cons"U'M'er price index published by the United States Department of Labor, upon the earlier of (i) appro-vgil by NCUC of revised utility fates set M a level sufficient to'allow for the full. recovery in rates of such increased fee or (h) the assumption by GCJ bf maintenance of the Second Power Line Area. GCLP shall further increase the fee proportionally to ilie added maintenance costs associated with the Third Power line,'Area or other additional spray irrigation -facilities upon the earlier of (1) approval by NCUC of revised utility rates set at a lovcl sufficient to allow for the fill.] recovery in rates of such increased fee, or (11)' the assumption by GCI of maintenance of the Third Power Line or other additionaj Spiny irrigation facilities. Ue purpose of the Spray lrrigat'Lon Facilities Maintena:6.6e'V'6e_ is to, compensate GO for services it provides to GCLP in maintaining the Spray h-Ag%ion Facilities, including but not limited to those services listed in Exhibit A to this 2.5 SLipyly of Treated Wastewater. GCLP shall provide to - GCI 1he, first 32,850,000 gallons pf Treated Wastewater Per year produced from the Wastewater Treatment System for Golf Course irrigation at no charge to GCL GCTP shall further provide to GCI any Treated Wastewater in excess of 32,850,000 gallons per year -("Excess Treated Wastewater') for Golf Course, irrigation.ai no charge to GCI, unless GCLP can -show that it has, a corn mcrcial use for Excess Treated Wastewater, which i . acludcs either (i) sale of Excess Treated Wastewater to an unrelated third party or to a related thira party in an arm',q length transaction; or (ii) ,lercial use of Excess Treated Wastewater by GCLP or a related entity. In such -eyeat niff CiCLp*shall provide GO a r4glit of first refusal to purchase Excess Treated Wastewater at the lesser of (i) a'Price equal to 75% of the - Chatham County base water rate, or (it) the price offered a'prospective third -party purchaser, if any. The price paid by GCI for Excess Tieated Wastewater pursuant to this section shall be, subject to approval by the NCUC. This provision in Yva_y affects the obligation of GO to accept Treated Wastewater pursuarftto Section 3 below, nor does it obligate GCI to pay for wastewater that GO is obligated to accept pUrSURUt tQ Section, 3 of this Agreement 3.' GCI Oblig-ation and Agreements 3,1 Operation and Ma'_ _ I ceof XS ray Irrigation _Facilifies. In consideration Qpag__ _--- of the payment of the Spray Facilities MWintenance Fee, GCI shall operate and maintain the Spray Irrigation Facilities, including all pumping stations and any now facilities added pursuant to the permit and/or this Agreomeht, in a manner consistent with the Permit, this Agreerncnt,'and all applicable laws, regulations, and ordina4ces. 3.2 Accp—tang Treated on g of Wastowater. GCI shall accept for irrigation and to disperse 'to —parmifted Ibh-7Wft_MM'tI% following quittifies Of Treated Wastewater. (a) Up to 32,850,000 gallons' armually upon execution of tfifs 'A"grsement P.,NciE 6 of 13 vernors Club P0A — DocuSign Envelope ID: 2661 D70E-A7EC-490A-95FD-8065622080E6 ffi 009 2-25- 4 ; 9:10AM 91.99328529;# 8/14 (b) Up to 34,300,000 gallons annually whey, the Secota& Power'Line Area is permitted and placed into service and other improvemcnts listed in Sections 2-3(a) and 2.3(b) are completed and placed into service, (c) UP to 45A0,000 gallons annually i6enl 'the Storage pond described in Section 2.3*(d) is completed and placed into service; (d) . Up to 66,700,000 gallons annually when the Third Power Line Area; or discharge facilities to serve comparable flow, is placed into service; and (e) Such additional quantities of Treated Wastewater as mutually agreed upon by GCLP and Gd pursuant to negotiations in accordance with section 2.3(g) herelp. 4. Easement to GCI'. Contemporaneously with the oxecutioln of the .Agreiment, CLP and POA shall convey to GCI, its successors, and assigns in tho force attached hereto as 1 xhibit 13 a non-exclusivc casement over GCLP Property and PO.A. Property incluldeL rn the Spray Areas or to which, .any of the Spray Irrigation Facilities are affixed fox pumoses of installing, inspecting, replacing, repairing, operating and/or maintaining such appurtenances or facilities as may by necessary to perform its obligations as set forth herein, 5. Easement to GCLP. Contemporaneously with the execution of the Agreement, GCZ and .POA shall convey' to GCLP, its successors and assigns in the force attached hereto as Exhibit C a non-exclusive easement for ingress and egress over GCI Property and POA Property and for use, operation -and maintenance bf the Spray Irrigation Facilities for the purposes of discharging Treated Wastewater via the Spray In igation Facilities in accordance with the terms cf, :he p'erurit and this Agreement, performing wastewater testing, taking soil samplings, borings and .rma'k* ' other examinations. ng {„ Sp rgy Protocols. The Parties sball'worlc cooperatively to develop protocols for the operation of the Spray Irrigation Facilities (the "Spray Protocols"), including, at a minimum: (a) The recommended time, sequence, and/or amount of spray ever U. (b) Management objectivm for 'Diet weather storage pond Volumes, with a goal of bringing storage volumes as low as possible by Noveinber 1 of each calendar year. (c) • The circurnsta-aces and conditions under which GO shall perform, and is not requited t� o cer#orr s ra events. _ _ ._ (d) GCI's obligations to report spray irrigation events to GCLP, to r,otify GCLP of other specified events and conditions, and to collect relevant data . (inapodirg wet weather storage pond volumes) and report such data to GCLP. (e) GCLP's obligations to report daily "volumes treated on a rnbrrthly basis to GCI at the same time it submits these data to D`dtrQ. PAGE 7 OF 13 D u0gn e ope 2010 oc �nv I - ID: �66lb7'-o�-;8,7-��-496,�-95FD-8OB562208OE6 ver ors Club POA 3f7VT BY: 2-25- 4 B:IDAM (f) Formats of reports that GCLP will use to provide data to DWQ required by the permit, as well as any additional reports lbetWeen the Parties. I * (g) Flexibility for the Superintendent to achieve tine goals. of the Spray Protocolswhile responding to nu=ance -needs Qf plants and' grads and/or individual surface or weather conditions, ri (h) The Parties shall 'negotiate in good faith to develop miitually- ar,cepmble Spray Protocols. 7, Utility Rate Increases. GCI and POA acknowledges that OCLP intends; to seek" but 00 and POA reserve the right to oppose. except as set, forth below, the following_(i) an, irni:nediate jDcrewc in utility rates charged by GCLP to its ratepayers to reflect the increased costs in pyovidmig wastewater treatment services since the rates were established in 1.989, as well as certain of the costs of implementing this Agreement; and (H) one or more additional increases in rates to Olow for recovery of the remaining costs of implementing this Agreement (as' well as ar.,y other future increases in the 'cost of providing wastewater treatment services). With respect to such reVested 'rate increases, GCI and POA agree not to oppose or to encourage their members to Oppose' (a) An irnmediate increase in the tap fee from $3,450.to $4,500. (b) -An immediate increase in the availability fee from $10 to $15 per month. (c) An immediate increase in the monthly usage fee, not to exceed S9,1mgnth, to recover the costs of the increased Spray Irrigatiork Facilities MaintebaAce ,fee pursuant to this Agreement. Subsequent increases in the monthly usage fee for additional costs. of implementing this Agreement. M a guideline for anticipated -increases, GCLP has provided a good faith estimate of between $5 and $6 per month 'resulting froxn the wnstroction of additional wet weather storage pond capacity and acquisition and upfit of additional spray irrigation acreage required under this Agreement. (e) Thv,f6e for treated wastewater pursuant to Section 2.5 of this Agreement. 8- Miscellaneous WVVhdIX U* fhrtber- consideration, promptly take such other actions following the execution and delivery of this Agre=ent and execute curd deliver such other docume ' nts as the other Parties hereto may reasonably request in Order to consummate' the transactions contemplated by, and give effort to, this Agreement'- The. Parties further shall work cooperatively (i) to seek and support the issuance of the permit consistent with the terms of this Agreement; (ii) to oppose any permit term, condition or action that is inconRiAent with this Agreement; and (iii) tp, seek expedited approval PAGE 9 OF 11 DocuSign Envelope ID: 26131 D70E-A7EC-49OA-95FD-8OB562208OE6 - 'errors Club POA Calm l SENT BY: 2-25- 4 ; 9:100 9199328529;#10/14 by DWQ for the c6nstrUCtIon and operation of additional spray irrigation, facilities in the area defined below as the "Second Power Line Area_'V 8.2 Notices. Any and all notices or other coxnrpunications required or permitted her&under shall be in writitig and. shall be deliver9d personally by hand or by recognized overnight rourier,'telecopied or mailed (by registered of certified mail, postage prepaid) to tb® Panics hereto at the following addresses: To GCLP: Governors Club Limited Partnership 130 Edinburgh, Suite 204 Cary, NC 27511 With a copy to: Steven I 1xvitas, Esq. Kilpatrick Stacl lon LLP 3737 Glenwood Avenue, Suite 400 ]Raleigh, NC 27612 To GCI: Governors Club, Inc, 11000 Gove'Mors Drive Chapel Hill, NC 27517 With a copy to; Charles D. Casc, Esq. Hunt& & Willi=s P.O. Box 109 Raleigh, NC 27602 To POA: Mike, Apperson President, Governors Club ]BOA 10134 Governors Drive Chapel HIIL NC 27517 With a copy to: I Clark Brewer Young Moore and Henderson P.A. 3101 Glenwood Avenue Raleigh, NC 27612 Ea,cli such notice or other communication shall be effective (j) if given by telecopier, when such telecopy is transmitted to the telecopier number specified above- (with confirmatifm of .(ji) if given by any_Qjh=_me.ans, when deli d,at the. address pppcifIRLabovp, . . . . . . . . . . . mis&io=vn� - - . 111--.— specified provided, a dopy thereof is concurrently mailed to the intended recipient(s) -thereof by first class mail, postage prepaid. Any pwty by noijue given in accordance with ,this section to the other Parties may designate another address (or telecopier number) for receipt of notices, hereunder, Notices by a Party may be given bY counsel. to such Party, 8-3 'Relationsilip to gct,ions by DWQ and NCUC. No Party s4all be obligated to talce any action pursuant to this Agreement (i) whicb requires approval by DWQ or NCUC unless such approval is provided, (ii) which woi4d be in violation of a DWQ permit, an NCUC . I PAGE 9 01' 13 -'- or DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 Ver11 r. Club POA 2 01 2 SENT BY: 2-25- 4 1 9:11AM order, or aay applicable law or regulation; or (iii) which would be rcndeied impractical or unlawful as a result of an action by DWQ or NCUC. I I. . $,4 IjademnitLe& Barh Party shall indemnify -the otherp against any third -party ciftims arising out of the indemnifying Pany's breach of its obligadons'ufider his Agreement, 8,5 Pollution QktQity Insurance. GCL� and GCJ each sh;411 maintain Pollution liability insurance coverage: at least as broad as the coverage they currently have, which they each represent to include -a minimum policy limit of $5 million, the purchase of-Nyhtql�,the parties agree to be a reasonable, necessary and prudent cast of operating the Wz�icwater Treatment System. Binders for such insurance as were mead as of the date of this Agreement are attached hereto as Attachments D and E and incorporated by reference.' GCLP, and GO each shall provide to the. other 6ertificates of insurance any time any such coverage changes and, in any event, on an annual basis, beginning one yea; after the signing after this agreement. 8.6 Cligice off' Law and Specific Performance. This Agicointrit shall be irate preted under the laws Of the State of North Carolina and enforced in the courts of North Carolina, which are, hereby agreed to be an appropriate venue for any action wising out of this Agreement. Without limiting the remedies that may be available to any Party tolhis Agreement at law or equity or under statute-, the Parties agree that the following provision's are, material to this Agreement the, breach of which can cause ixi-eparable hann: (i) GCLP',s permitting and construction nstruction of improvements to the Wastewater Treatment System and Spray Irrigation Facilities under Section 2.3 of this Agreement, and (ij) GCI's obligation to accept the amounts of 'Treated Wastewater specified in Section 3.2 of this Agreement. The Parties agree that the provisions listed in the preceding sentence can be specifically enforced, including tbrough injunctive relief 8.7 Relationship of Parties. In the operation of the Spray Irrigation Facilities and the acceptance and appli6ation of Treated Wastewater, the relationship of -OCI to GCLP is that of independent contractor. 8.8 Waivers. md Amendments: Sian-C-gntractual Remedies: Preservation Remedies, This Agreement may be amended, superseded, canceled, renewed or extended only by a written instrument signed by the Parties hereto. The provisions hereof may be waived only in writing by the Parties hereto, No delay on the part of any Party in exercising any riglit, power, or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power, or privilege, nor any single or partial exercise of any such, right, power, or pxjOege, preclude any further exercise thereof or the exercise of any other such Ti&' �e,,ver, or privilege,' Except as may be otherwise provided herein, the rights and remedies herein --p—ov-1dair—are amm*ft-m fights-orrc =dies 't-Amt-Unly otherwise havd at law or in equity. 8,9 Successors and A.,4s:im, This Agreement, at of its provisions, and all of the -rights, privileges and obligations goamed, created or assurned hereunder, shall be bi-nding upoxi and shall inure to the benefit of the parties hereto and their respective subsiidiarjes, successors and assigns, including, without limitation, GCWRC, LIC, a wholly owiRed subsidiary of GCLP -(oCWRC), to which GCLP intends .to transfiar ownership and operation of the ?AGF � 10 OF 13 DocuSign Envelope ID: 26BlD70E-A7EC-49OA-95FD-8OB562208OE6 3LIN I BY 11 2-25- 4 vernors Chub FOA M- 8: 1 IAM 9199328520;*12/14 VVzmtewater TreatMent System. ne Parties specifically intend that, upon GCLP' a transfer of the Wastewater Treatment System to GCWRC, this Agreement shall be binding upon and shall inure to the benefit of GCWRC; provided that GCLP shall remain obligated under this Agreement to meet its obligations under Section 23 of this Agreiement, regardle* of arty such transfer of ownership. The Parties further acImowledge, that in the future dCLP way sell GCWRC to an unrelated third party, provided that GCLP and- GCWRC qbaU remain obligated under this ,Agreement to meet their obligations under Section 23 of this Agreement, regardless of any such transfer of ownership. 8.10 Relation bip to Original AgLeement gpd Other' e� Ap' �j ments. upon exe--utlon of this Agreement by the Parties, the Original Agreement shall be terminat6d, and shall have no further force or effect, This Agreement shall not supersede any other agreemelits between or aTnong the Parties, and such other agreements shall rernainin fun force and effect and, to the extent inconsistent with US agreement, shall take precedence; provided that (i) dates of compliance in this Agreement shall take precedence, and (ii) for purposes of this provision, this Agreement shall not be interpreted to' be inconsistent where it contains provisions not contained in earlier agracments among the Parties. 8-11 Authority to Execute AgLe—em-en J. Each of the undersigned represents and warrants that 1xe or she is fully authorized to enter into this Agreement and, by doing So, to bind ibe appropriate- party. Each party shall provide to the other parties copies of appropriate cuthorjzjng resolutions as may be necessary to make this ,Agreement bindhig upon that party. .8.12 Exhibits. Any and AU Exhibits and Schedules attached hereto, if any, are her6y inc000rated by reference into, and made a pad of this Agreement. 8-13 CountmaIN The Agreement may be executed itj any 'number of counterparts, each, of which shall be deemed to be. an original as against any Party whose signature appears thereon, and all of which shall together constitute one and the same instrument. This Agreement shall become binding WbeD one or more counterparts hereof, individually 01- taken together, shall bear the signatures .ofall of the Parties reflected hereon as the signatofics. [Signatures appear on the following page.) PAGE V1 OF 13 - DocuSign Envelope ID: 26131 D70E-A7EC-49OA-95Fb-86B562208OE6 --errors Club POA 4 2-25- 4 ; 9:12AM 9199328520;*13/14 IN. WITNESS WHF-PFOF, the Parties hereto have caused this Agreaxnerit to be duly executed as. of the Effective Date first above written. GOVEMORS CLUB LIMITED PARTNERSHIP A Delaware Limited Partnci'ship' By: Its General Partner, Governors Club Do-eeloprPent Corporation (CORPORATE SEAL) ATTEST. Secretary G6VPIZNORS CLUB, INC. - A North Carolina NonOrafit Corporation By-, Pre GOVERNORS CLUB PROPERTY OWNERS ASSOCIADON, h1c. A North. Carolina Nonprofit Co oration � By, Co President A7MST: Se rC7 ,ry PAGE 12 OF 13 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 SENT BY: 2-25- 4 ; 0:12AM 9199328529;#14/14 Attachment A Services Cohered by Spray irritation Facilities Maintenance fee I Maii3tonaace of the Power Line Areas (a) Mowing as needed; height must be kept Jess than twelve inchca (12') (b) Ma;ntcnance of fields to repair rotting from equipment and to eliminate ponding (c) Maintenance and re -seeding to ensure proper cover crop 12 zhonths out * -of the year _Maintejaanceof Spray Irrigation System (a) Maintmaure, including replacement as needed, of irrigation beads and controllers (b) Maintenance and calibration ofmeters (d) Maintenance cif pumping stations 3. A&njx"tradve Activities Collection, manageraent and reporting of data and other information reliting to the Spray Irrigation Facilities as required by DWQ and perrinit, which shall be specified in*: the Spray Protocols Collection, mabagement and reporting of data and other information as required to fulfill GCI's obligations under the Spray Protocols (c) Collection; management, and reporting Of data and other information as required to fulfill GCI's obligations in connection with the water balance study, the deep subsoiling evaluation, and the eeons study PA(39 13 OF 13 DocuSign Envelope ID:26B1D70E-A7EC-490A-95FD-80B5622080E6 SOSID: 0213902 Date Filed: 10/5/2012 10:58:00 AM Elaine F. Marshall North Carolina Secretary of State State of North Carolina C201226900216 Department of the Secretary of State ARTICLES OF MERGER Pursuant to North Carolina General Statute Sections 55-11-05(a), 55A-I 1-09(d), 55A-11-04, 57C-9A- 22(a), 59-73,32(a) and 59-1072(a), as applicable, the undersigned entity does hereby submit the following Articles of Merger as the surviving business entity in a merger between two or more business entities, 1. The name of the surviving entity is GOVERNOR'S CLUB DEVELOPMENT CORPORATION, a (cheek one) [ X] corporation, [ ] nonprofit corporation, [ ] professional corporation, [ ] limited liability company, [ ] limited partnership, [ ] partnership, [ ] limited liability partnership organized under the laws of NORTH CAROLINA {state or coimhy). 2. The address of the surviving entity is: Street Address 603 CARTHA.GE STREET SUITE 120 City SANFORD State NORTH CAROLINA Zip Code 27330 County LEE (Complete only if the surviving business entity is a foreign business entity that is not authorized to transact business or conduct affairs in North Carolina.) The mailing address of the surviving foreign business entity is: . The Surviving foreign business entity will file a statement of any subsequent change in its mailing address with the North Carolina Secretary of State. 3. For each merging entity: (if more than one, complete oil separate sheet and attach.) The name of the merged entity is GOVERNOR'S CLUB LIMITED PARTNERSHIP , a (check one) [ ] corporation, [ ] nonprofit corporation, [ ] professional corporation, [ ] limited liability company, [X] limited partnership, [ ] partnership, [ ] limited liability partnership organized under the laws of DELAWARE (state or country). 4. If the surviving business entity is a domestic business entity, the text of each amendment, if any, to the Articles of Incorporation, Articles of Organization, or Certificate of Limited Partnership within the Plan of Merger is attached, 5. A Plan of Merger has been duly approved in the manner required by law by each of the business entities participating in the merger. 6. These articles will be effective upon filing unless a delayed date and/or time is specified This the 20' day of September, 2012. GOVERNORS CLUB DEVELOPMENT CORPORATION Narne ofEutity Signature KIRK J BRADLEY. PRESIDENT NOTES: T) pe or Print Name and Title 1, Filing fee is $50 for For -profit entities. 2. Filing fee is $25 for Non-profit entities, 3. This document must be filed Nvith the Secretary of State, Cortificate(s) of Merger must be registered pursuant to the requirements ofN.C.G,S. Section 47-18.1 (Revlsed September 2005) (Form BE-15) CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 Aqua North Carolina, Inc. 202 MacKenan Court Cary, NC 27511 Are Aqua America Company SCANNED BY DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 BRADSHAW & ROBINSON, LLP ATTORNEYS AND COUNSELORS AT LAW HALL-LONDON HOUSE 128 HILLSBORO STREET POST OFFICE BOX 607 PITTSBORO, NORTH CAROLINA 27312 PATRICK E. BRADSHAW NICOLAS P ROBINSON COURTNEY A. BOWEN September 7, 2005 Laurence Cobb, Esquire The Sanford Holshouser Firm 219 Fayetteville Street Mall Suite 1000 Raleigh, North Carolina 27601 RE: Governors Club Effluent Easement Agreements Dear Mr. Cobb. (919)542-2400 FAX 542.1319 law@bradshawrobinson Enclosed please find copies of the four recorded Effluent Easement Agreements. werely yours, uce B. Saunders gal Assistant Enclosures DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 FILED CHATHAM COUNTY REBA G THOMAS REGISTER OF DEEDS FILED Sep 07, 2005 AT 08.48-02 am BOOK 01205 START PAGE 0249 END PAGE 0259 INSTRUMENT # 11983 Book'1205PaGE 249 EFFLUENT EASEMENT AGREEMENT PREPARED BY: Steven J. Levitas, Esquire RETURN TO. Bradshaw & Robinson, LLP Post Office Box 607 Pittsboro, NC 27312 This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of the-ZT day of {uT, 2005, by GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, Inc., a North Carolina nonprofit corporation ("Grantor") and GOVERNORS CLUB LIMITED PARTNERSHIP, a Delaware Limited Partnership ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of certain amenity areas and other real property at Governors Club (as defined below). WHEREAS, Grantee operates a Wastewater Utility System serving Governors Club. WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: 1. Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 1.2 "Efflueaat Easement Ab reen2ent" shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time 1.3 "Effluent Storage Ponds" shall mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below) 1.4 "Governors Club " shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities. 1.5 "Grantee" shall mean Governors Club Limited Partnership, a Delaware Limited Partnership. 1.6 "Grantor" shall mean Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation 1.7 `Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club, Inc., a North Carolina nonprofit corporation dated December 18, 2003, as amended from time to time 1.8 "Permit" shall mean the permit 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 1.9 "Spray Areas" shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1.10 "Spray Irrigation Fatalities" shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas 1.11 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Permit 1.12 "Wastewater Utalaty System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater 1.13 "WWTP " shall mean the wastewater treatment plant located within Governors Club 2. Grant of Easement 2.1 Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the WWTP is located, as more particularly described in Exhibit A (the "WWTP Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the protocols set forth on Exhibit B (the "Spray Protocols") This easement allows such spraying and related activities within the Spray Areas identified in the Permit and generally depicted on the map attached as Exhibit C ("Easement Areas") The Easement Areas are located within the property described on Exhibit D attached hereto (the DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 "Easement Property") The right to spray pursuant to this easement is given without payment of any fee or other charge being made therefore Grantor 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 Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement 2.2 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore. Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas Grantee 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, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas. If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted. 3 No Payments for Reuse Effluent or Operation of the Spray Irrigation Facilities. There will not be any payments now or at any time in the future by Grantor to Grantee for the Reuse Effluent that will be sprayed on the Spray Areas There will not be any payments by Grantee to Grantor now or in the future for any aspect whatsoever of the operation, maintenance, and repair of the Spray Irrigation Facilities 4 General Provisions 41 Binding upon Successors and Assigns The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land, they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the WWTP Property or the Easement Property 4.2 No Third Party Beneficiary Rights Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or pennitted assignee pursuant to Section 4 1 above 43 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, orjoint venture between the parties hereto. 44 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 copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement 3 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 4.5 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 4.6 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 terms 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 threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 4.7 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 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 parry 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. 4.8 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 term, condition or provision. 4.9 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. 410 Modifications in Writing This Effluent Easement Agreement shall not be modified, amended, or changed m any respect except m writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way 4.11 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. 4.12 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 4.13 Recordation. Duration Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense The provisions of this C! DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or 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 WWTP Property and the Easement Property and recorded in the public land records of Chatham Comity 4.14 Required Amendments. In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder. [Next Page zs Signature Page] 5 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 [Signature Page to Effluent Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, Inc., a North Carolina nonprofit corporation /' , , By: Name: Title - Address: Atha: Fax: GOVERNORS CLUB LI1vBTED PARTNERSHIP a Delaware Limited Partnership By: Its General Partner, Governors Club Development Corporation By Name: IG �? . 4� Cd y Title: Address:6. Q 04- b 5FujLrrffL -e�, North Carolina l d i 33 r Attn- Fax. 0 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 STATE OF NORTH CAROLINA COUNTY OF Q `ncA�czr, I, the undersigned Notary Public for the County and State aforesaid, certify that 11`IlC�lo.�\ W . ianoeCS«� personally appealed before me this day and acknowledged that he is the of Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this t 3 day of U C,Cb+ , 2005. My Comixussion Expires �1ot.�� -► .�G" aca R Date STATE OF NO� H CA OLINA COUNTY OF r�C� Notary Plublic th undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acla-iowledged that lie is the of Governors Club Development Corporation, the general partner of Governors lub Limited Partnership, a Delaware Limited Partnership, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this 15,713 day of 2 2005. My Commission Expires. II - -I —C) 7 Date 10TARY ` � ". PUBOC imp . //;//yi CO U011111100 ��`� L.Q./ �6 - 4W-44-/- tary Public 7 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT A WWTP Property ALL that parcel of land upon which the Governors Club wastewater treatment plant is located, being more particularly described as the southeastern portion of Tract 21 of the Governors Club Planned Unit Development as shown and described on the plat entitled, "Boundary Survey for the Governors Club Development Corporation," recorded at Plat Slide 89-95, Chatham County Registry, and being the portion of the said Tract 21 that is bounded on the north by Tract 7 as shown and described on the plat entitled, "Composite Map, Governors Club Golf Club Property," recorded at Plat Slides 96-456 through 96-468, Chatham County Registry ("Golf Club Property Plat"), and being bounded on the west by the private road designated "Morehead" as shown and described on the plat entitled, "Morehead Forest, Governors Club, Phase Four," recorded at Plat Slides 90-256 through 90-262 and by Tract 9 as shown and described on the Golf Club Property Plat, and being the same area designated, "Maintenance Area & Utility Site" on the portion of the Golf Club Property Plat recorded at Plat Slide 96-467, Chatham County Registry All of the recorded plats referred to herein are incorporated herein for a more particular description of the WWTP Property. DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT B Spray Protocols The Spray Protocols developed or to be developed by Governors Club Limited Partnership, Governors Club, Inc. and Governors Club Property Owners Association, Inc. for the operation of the Spray Irrigation Facilities used in the application of Treated Wastewater from the Wastewater Treatment System upon the Spray Areas located in the planned unit development located in Williams Township, Chatham County, North Carolina and commonly known as "Governors Club", all as more particularly described in Section 6 of that certain Amended and Restated Wastewater Irrigation Agreement by and among the above -named parties dated December 18, 2003, as the same may have been or may hereafter be amended from time to time, the provisions of which agreement concerning Spray Protocols are incorporated herein by this reference. DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 — PROPERTY E:OUNDARY FIELD #22 60 AC FIELD #13 FIELD #23 765 AC 9 AC / FIELD #14 FIELD #21 2.9 AC _FIELD FIELD #24 57 AC FIELD 09 FIELD AC (EXPANDED )259 AC 2 4 2 AC 1286 AC 729 AC / FIELD #20 38 AC FIELD #10 0. Q?i LL, FIELD #11 556 AC FIELD #15 (( 597 AC 336 ACEXPANDGED)FIELD 48738 AC MELD #19 420 AC FIELD #7 FIELD 425 731 AC 47 AC 6 RELD #26j FIIH.D 46 NORTH 57 AC 583 AC (EX MNG) FIELD #17 714 AC (EXPANDED) FIELD # 1 6 04 AC FIELD 418 5 87 AC 1516 AC (EXUnNG) /1081 AC (EXPANDED) ��11 W1NN � CHI f y�W+ � � mwlaNavowWFYf RqRuY� � O FIELD 115 834 AC Q ,mmw��v.�amv.xaxlusaor.�a U O WLTwj'Ly Gi Tar&l1aMAR 2 PENTYLARFA PRA L Q Y FIELD # 2 - enlm �uLrxv TDruFunsnnem TOULL wEns�raLDa 159 n a 516 AC (EXISTING) \ n[meLnvFe=l9s�sesKswc�losarsianrETv=zavlc E 908 AC (EXPANDED) ��, u 3 E F�(ISTING STORAGE ' / J",'•' F�-D 4 H°� 4 "k+BTM*� MY Wm '^ E ( POND W n � Il �n w FIELD # 3 s i ' '•w•, - "r FIELD #5 atl. vwx U N m 0-0AC84 AC FIELD # 27 (NEW) NEW 15 MIL GALLON EXISTING m iu • .a x s c a 312 AC REUSE HOLDING POND S W WT.P u F ❑i w ° FIELD # 28 (NEW) / 860 AC FIELD:4 / 64 AL o>am / a s 2m 1. FIELD # 29 (NEW) .F�klrt 3a5 WATERSHED NOTE E>;IST'dvG 5 DAY K FIELDS 26272829 AND d3 OANN INTO UT TD 018iW7 LFLDS MS IV NSW) UPSET POND c FIELDS 9 N4011 MINN UTO U T TO CUB CMi IWSIV WIY) FINAL DESIGN FIE LD # 30 (NEW) NOT RELEASED (� - - 10 07 AC - ^_ T_43 - -_- - —� — - � FOR CONSTRUCTION O1 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT D Easement Propem All of the "Common Property" as that term is defined in the Restated Declaration of Covenants and Restrictions for Governors Club recorded in Book 868, Page 995, Chatham County Registry, as the same may have been and may hereafter be amended from time to time, to which Restated Declaration of Covenants and Restrictions for Governors Club reference is hereby made for a more particular description. 11 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Sep 07, 2005 AT 08,41,13 am BOOK 01205 START PAGE 0215 END PAGE 0225 INSTRUMENT # 11980 BOOKPAGE, _ EFFLUENT EASEMENT AGREEMENT PREPARED BY. Steven J Levitas, Esquire RETURN TO: Bradshaw & Robinson, LLP Post Office Box 607 Pittsboro, NC 27312 This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of the I-ff' lay of gSt 2005, by GOVERNORS CLUB LIMITED PARTNERSHIP, a Delaware Limited Partnership ("Grantor") 'and GOVERNORS CLUB, INC., a North Carolina nonprofit corporation ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of certain amenity areas and other real property at Governors Club (as defined below). WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor on behalf of the Permittee. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.2 "Effluent Easement Agreement " shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 13 "Effluent Storage Ponds" shall mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below) 1.4 "Golf Course Spray Areas " shall mean the golf course and other areas at Governors Club owned by Grantee that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent 1.5 "Governors Club " shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities. 1.6 "Grantee " shall mean Governors Club, Inc., a North Carolina nonprofit corporation. 1.7 "Grantor" shall mean Governors Club Limited Partnership, a Delaware Limited Partnership. 1.8 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation dated December 18, 2003, as amended from time to time 1.9 "Permit" shall mean the permit 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. 1.10 "Permittee " means Governors Club Limited Partnership, a Delaware Limited Partnership, the holder of the Permit, and its successors and assigns 1.11 "Spray Areas " shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1.12 "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas 1.13 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Permit. 1 14 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, al] lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater. 1 15 "WWTP" shall mean the wastewater treatment plant located within Governors Club Grant of Easement 21 Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the Golf Course Spray Areas are located, as more particularly described in Exhibit A (the "Golf Course Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the 2 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 protocols set forth on Exhibit B (the "Spray Protocols"). This easement allows such spraying and related activities within the Spray Areas identified in the Permit and generally depicted on the map attached as Exhibit C ("Easement Areas") The Easement Areas are located within the property described on Exhibit D attached hereto (the "Easement Property") Grantor 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 Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement 2.2 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore. Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby. In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas Grantee 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, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas. If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted This section intentionally omitted. 4 General Provisions 4.1 Binding upon Successors and Assigns. The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land, they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the W WTP Property or the Easement Property. 42 No Third Party Beneficiary Rights Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 4.1 above 43 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 44 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 copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 4.5 Headinas 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 4.6 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 terms 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 threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 4.7 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 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. 4.8 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 term, condition or provision 49 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. 4.10 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 4.11 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 412 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 4 13 Recordation, Duration Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense The provisions of this rd DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Properly or 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 WWTP Property and the Easement Property and recorded in the public land records of Chatham County 4.14 Required Amendments In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder [Next Page is Signature Page] 5 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 [Signature Page to Effluent Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. GOVERNORS CLUB LIMITED PARTNERSHIP a Delaware Limited Partnership By: Its General Partner, Governors Club Development Corporation By: ame: Title: pe- "4e, 1 Address: iRl Fi i b, 4 P. 9 51i may, North Carolina a ? + Attn: !�eAALeg Fax: GOVERNORS CLUB, INC. a North Carolina Nonprofit Corporation By: � Name: eu Title: po'es r1 OUT Address: 11000 Governors Drive Chapel Hill, North Carolina 27517 Attn. Fax: 0 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 STATE OF NORTH CAROLINA COUNTY OF t undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he is the of Governors Club Development Corporation, the general partner of Governors Club Limited Partnership, a Delaware Limited Partnership, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this day of , 2005. \\"'01111 Sl llli�i My Commission Expue`�.e�� B o = A Date NOTARY tary Public '�= PUBLIC V III STATE OF NORTH CAROLINA COUNTY OF C i, o-'\'Z o_ Y,,. I, the undersigned Notary Public for the County and State aforesaid, certify that �riti'1C, ken, personally appeared before me this day and acknowledged that he is the J°r{s ;de, of Governors Club, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp of 2005. My Commission Expires• 4W7'2- Date 7 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT A Golf Course Properh All of the tracts designated 1 through 15 as shown on the plat entitled, "Composite Map, Governors Club Golf Club Property," recorded at Plat Slides 96-456 through 96-468, Chatham County Registry, to which plat reference is hereby made for a more particular description DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 I o EXHIBIT B Spray Protocols The Spray Protocols developed or to be developed by Governors Club Limited Partnership, Governors Club, hie. and Governors Club Property Owners Association, Inc for the operation of the Spray Irrigation Facilities used in the application of Treated Wastewater from the Wastewater Treatment System upon the Spray Areas located in the planned unit development located in Williams Township, Chatham County, North Carolina and commonly known as "Governors Club", all as more particularly described in Section 6 of that certain Amended and Restated Wastewater Irrigation Agreement by and among the above -named parties dated December 18, 2003, as the same may have been or may hereafter be amended from time to time, the provisions of which agreement concerning Spray Protocols are incorporated herein by this reference. M DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 PROPERTY BOUNDARY REM #22 60 AC FELD #13 I s FIELD #23 71135 AC 9 AC FIELD #14 FIELD 921 2.9 AC FIELD #9 FIELD #12 FIELD #24 57 AC FIELD ,M9 617 AC (EXISTING) 259 AC I` 42 AC Ina AC 729 AC (EXPANDEDRELD ) 38 AC#20 FIELD #fi ¢, OZ= F-- 556 AC FIELD #T(I O�iu�i� 597 9AC 15 3 5B AC (EF_X�PANDG�) I f �S ; 1�0 1r FIELD 48 I �`w G i 73B AC Qy `- �„ ' RELD #19 L.J r.420 AC FIELD #7 FIELD 425 /`"x" / 731 AC 47 4c FIELD #26 FIELD M NORTH 57 AC 5B3 AC (E aMG) FE(D #17 ` 714 AC (EXPANDED) FIELD # 1 6L4 AC FIELD 498 587 AC "1516 AC (EXISTING) SCPLE 1'- 1081 AC (EXPANDED) ro .•� � yy ,cro�onor uac+mxnvu rwrnusEi In O MELD # 16 m O 824 AC x $ 1Q ,sK,no awmwrwlr�uowrtnwo a il. N01J OISCFAti,E OYF4CAl1(LV FTO� PfluM f 1Kl.O6Y a T T FIELD $ 2 wa a �� oa7Eo Ju1.v� rota rlensar;E,o 7rnaas�FJlsrewrm�,s7 s, �v: _ � 0c, 516 AC (EXISTING) 70M u 90B AC (EXPANDED) THET7I115F 7AV FE1D5=,95@ L } E (f) O O EX:STNG STOPAGE r •` FIL D I HCLE i � �+ i al u E V POND _ �� un in+ 'j+ w � s FEW # 3 ' / � �•� FIELD #5 0.90 AC °m'""• 84 4C o J Z + FlELD # 27 (NEW) NEW b- MIL GALLON EXISTING o + .F 5 312 RE(1SE HOLDING POND ' WWTP FIELD # 28 (NEW) FIELD #+ 8 60 AC .'.°, Ilo W Ca, •.r.�...�.r M) Rol •1 m u - --_ FIELD # 29 (NEW) 95E AC MT, EPSHED NOTE EA"NG 5 DAY 1 �.t frLQ"C272F2bkPJ LRAJMWM L1TTG0VFFICU'QV.I-'(wsNNsw) UPSETPOUD (----_� 1N Fl�u�C 9 ANII 11 D(LVN IIJTO L T N L118 CRFFH NJ4 N P65A I—�- \ FNI AL DESIGN REID 4 30 (NEW) NOT RFI tk M 1007 AC I FOR CGN5iROGION t -, DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT D Easement Property .All of the property within the planned unit development located in Williams Township, Chatham County, North Carolina known as "Governors Club" that is owned by Governors Club Limited Partnership and that has been permitted by the Division of Water Quality of the North Carolina Department of Environment and Natural Resources for spray irrigation with treated wastewater as described in the Amended and Restated Wastewater Irrigation Agreement by and among Governors Club Limited Partnership, Governors Club, Inc. and Governors Club Property Owners Association, Inc., dated December 18, 2003, as the same may have been or may hereafter be amended from time to time, to which agreement and permit issued by the Division of Water Quality of the North Carolina Department of Environment and Natural Resources, as the same may be modified or renewed from time to time, reference is hereby made for a more particular description. 11 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Sep 07, 2005 AT 08:46:03 am BOOK 01205 START PAGE 0226 END PAGE 0237 INSTRUMENT # 11981 EFFLUENT EASEMENT AGREEMENT PREPARED BY: Steven J. Levitas, Esquire RETURN TO: Bradshaw & Robinson, LLP Post Office Box 607 Pittsboro, NC 27312 This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of theZ4'�*tlay of 44u&, 2005, by GOVERNORS CLLTB PROPERTY OWNERS ASSOCIATION, Inc., a North Carolina nonprofit corporation ("Grantor") and GOVERNORS CLUB, INC., a North Carolina nonprofit corporation ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of certain amenity areas and other real property at Governors Club (as defined below). WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor on behalf of the Permitee. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: 1. Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources 1.2 "Effluent Easement Agreement" shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 1.3 "Effluent Storage Ponds" shall mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below). 14 "Golf Course Spray Areas " shall mean the golf course and other areas at Governors Club owned by Grantee that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1.5 "Governors Club " shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities 1.6 "Grantee " shall mean Governors Club, Inc., a North Carolina nonprofit corporation. 1 7 "Grantor" shall mean Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation. 1 8 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club Limited Partnership, a Delaware Limited Partnership dated December 18, 2003, as amended from time to time. 1.9 "Permit" shall mean the permit 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. 1.10 "Permittee" means Governors Club Limited Partnership, a Delaware Limited Partnership, the holder of the Permit, and its successors and assigns 1.11 "Spray Areas" shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1 12 "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas 1 13 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Permit 1.14 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater 1 15 "WWTP " shall mean the wastewater treatment plant located within Governors Club 2. Grant of Easement 2.1 Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the Golf Course Spray Areas are located, as more particularly described in Exhibit A (the "Golf Course Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the 2 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 protocols set forth on Exhibit B (the "Spray Protocols"). This easement allows such spraying and related activities within the Spray Areas identified in the Permit and generally depicted on the map attached as Exhibit C ("Easement Areas"). The Easement Areas are located within the property described on Exhibit D attached hereto (the "Easement Property") The right to spray pursuant to this easement is given without payment of any fee or other charge being made therefore Grantor 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 Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement. 2.2 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore. Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas Grantee 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, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas. If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted. 3. No Payments for Reuse Effluent or Operation of the Spray Irrigation Facilities There will not be any payments now or at any time in the future by Grantor to Grantee for the Reuse Effluent that will be sprayed on the Spray Areas. There will not be any payments by Grantee to Grantor now or in the future for any aspect whatsoever of the operation, maintenance; and repair of the Spray Irrigation Facilities 4 General Provisions 4.1 Binding upon Successors and Assigns. The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land, they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the WWTP Property or the Easement Property 42 No Third Party Beneficiary Rights Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 4.1 above. 4 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, orjomt venture between the parties hereto 44 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 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 deemed to be an original copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement 4.5 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. 4.6 Enforcement of Agreement. Each parry 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 terms 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 threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 47 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (h) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile 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. 48 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 term, condition or provision. 49 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 410 Modifications in Writing This Effluent Easement Agreement shall not be modified, amended, or changed u1 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 4.11 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. 412 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 10 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 4 13 Recordation, Duration Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense. The provisions of this Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or 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 WWTP Property and the Easement Property and recorded in the public land records of Chatham County 4.14 Required Amendments In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder. [Next Page is Signature Page] 5 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 [Signature Page zo Effluent Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, Inc., allorth Carolina nonprofit corporation B Name: Title: Address: Attn: Fax: GOVERNORS CLUB, INC. a North Carolina Nonprofit Corporation By: Name: W/ Title: C5/ bii Address 11000 Governors Drive Chapel Hill, North Carolina 27517 Attn. Fax: DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that Ui , personally appeared before me this day and acknowledged that he is the S"c"ctl� of Governors Club Property Owners Association, Inc., a Nortli Carolnla nonprofit corporation, and that by the authority duly given and as the act of such entity, he sighed the foregoing instrument in its name on its behalf as its act and deed Witness my hand and official stamp or seal, this 3 day of UJ2 t,tS+ , 2005. U My Commission Expires. a arc4l a2a l? Date STATE OF NORTH CAROLINA COUNTY OF Notary Kiblic I, the undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he is the of Governors Club, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this day of , 2005 My Commission Expires - Date Notary Public DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he is the of Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this day of 2005. My Commission Expires: Date Notary Public STATE OF NORTH CAROLINA COUNTY OF Ch G- , c -.,, I, the undersigned Notary Public for the County and State aforesaid, certify that (AR . )ze w personally appeared before me this day and acknowledged that he is the IFw.e b', cl w 1— of Governors Club, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this �� day of ' � 2005. My Commission Expires: Date Notary Public 7 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT A Golf Course Property All of the tracts designated 1 through 15 as shown on the plat entitled, "Composite Map, Governors Club Golf Club Property," recorded at Plat Slides 96-456 through 96-468, Chatham County Registry, to which plat reference is hereby made for a more particular description. DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT B Spray Protocols The Spray Protocols developed or to be developed by Governors Club Limited Partnership, Governors Club, Inc. and Governors Club Property Owners Association, Inc. for the operation of the Spray Irrigation Facilities used in the application of Treated Wastewater from the Wastewater Treatment System upon the Spray Areas located in the planned unit development located in Williams Township, Chatham County, North Carolina and commonly known as "Governors Club", all as more particularly described in Section 6 of that certain Amended and Restated Wastewater Irrigation Agreement by and among the above -named parties dated December 18, 2003, as the same may have been or may hereafter be amended from time to time, the provisions of which agreement concerning Spray Protocols are incorporated herein by this reference A DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 PROPERTY 13OUNDARY E(D #22 0 AC FIELD Y13 FIELD S23 765 AC 9 AC FIELD #14 FIELD 421 2.9 AC FIELD #9 FIELD #12 FIELD #24 57 AC �E1D G19 617 AC (EXISTING) M AC I i 42 PC 729 AC (EXPANDED) e X FIELD #20 2(b` FIELD #iD p„ Oz: 38 AC �� #tl 556 AC aw o O, .- FIELD #15 080 AC (EXISTING) 597 AC 356 AC (EXPANDED) u wGi 738AC8 Ic FIELD #t9 '420 AC FIELD i7 FIELD 425 �'""' 7 31 AC 4-7AC FIELD #26 FE_LDie NORTH 57 AC 583 AC (EWMG) FIELD 417 714 AC (EXPANDED) ' FIELD # 1 6 D4 Al - FIELD 418 Do- 1516 AC (EXISTING) scn 587 AC j 1081 AC (EXPANDED) / ` 4WD/ voevn„xmuawvu.aam..ven -�6 0 FIELD 016 834 AC Q oa was nm vwa E umar u- O na+o�scT+en;,ErTOT&FELDS AR Za—.,T—FFAn'mae FIELD # 2 w. / OAIEFFMY972 TOTPLFmD9PAEPd iUI4LRI�tE.YiiYEU=15351/.^, 516 AC (EXISTING) s, ilmeism+rFmusa,e ®��aur fF�rwaswwrv2 =3o1rFc E 0� _ 908 AC (EXPANDED) ... U EXISTING STOPA(Z _ •• FIELD i HOLE 44'IF 7 `v POND - w E ' 11— FIELD # 3 - FIELD #5 020 AC 84 AC F1cLD @ 27 (NEW) MIEN 15 LOL GALLON •EXISTING 312 AC REUSE HOLDING FOND Q W W TP m « � � � u 21 Lr / RELD # 28 (NEW) � ! �� B 60 AC FAD 44 64 AC a _ loT j - FIELD # 29 (NEW) / 952 AC w° Iw 03 UWPTERSHM NOTE: E (STING 5 DAY — -- - FE:S9d�'2°zeArDaucrvr+IrrrourTOO1aR uEexhvswrr?a1 UPSET POND — . FM US 0 ANU 11 rW,IP+TO0T 110WSCREEK MIS IV NW, FINAL DESIGFIELD i 30 (NEVI) NOl RIIFAS:D 1007AC FOR ON5IRUCTIOk o E DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT D Easement Property All of the "Common Property" as that term is defined in the Restated Declaration of Covenants and Restrictions for Governors Club recorded in Book 868, Page 995, Chatham County Registry, as the same may have been and may hereafter be amended from time to time, to which Restated Declaration of Covenants and Restrictions for Governors Club reference is hereby made for a more particular description. 11 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 BOOK 12 O 5 PAGE 2 3 8 EFFLUENT EASEMENT AGREEMENT PREPARED BY: Steven J Levrtas, Esquire RETURN TO. Bradshaw & Robinson, LLP Post Office Box 607 Pittsboro, NC 27312 FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Sep 07, 2005 AT 08 46.53 am BOOK 01205 START PAGE 0238 END PAGE 0248 INSTRUMENT # 11982 This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of the241ay of 40111" ; 2005, by GOVERNORS CLUB, INC., a North Carolina nonprofit corporation ("Grantor") and GOVERNORS CLUB LIMITEI> PARTNERSHIP, a Delaware Limited Partnership ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of a golf course and certain other real property at Governors Club (as defined below). WHEREAS, Grantee operates a Wastewater Utility System serving Governors Club. WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: 1. Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.2 "Effluent Easement Agreement" shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 1.3 "Effluent Storage Ponds " shall mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below) 1.4 "Governors Club" shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities. 1.5 "Grantee" shall mean Governors Club Limited Partnership, a Delaware Limited Partnership. 1.6 "Grantor" shall mean Governors Club, Inc., a North Carolina nonprofit corporation. 1.7 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation dated December 18, 2003, as amended from time to time. 1.8 "Permit" shall mean the permit 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. 1.9 "Spray Areas " shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent 1.10 "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas 1.11 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Permit. 1.12 "Wastewater Utility System " shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, al] lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater 1 13 "YT'WTP " shall mean the wastewater treatment plant located within Governors Club 2 Grant of Easement 21 Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the WWTP is located, as more particularly described in Exhibit A (the "WWTP Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the protocols set forth on Exhibit B (the "Spray Protocols") This easement allows such spraying and related activities within the Spray Areas identified in the Permit and generally depicted on the map attached as Exhibit C ("Easement Areas") The Easement Areas are located within the property described on Exhibit D attached hereto (the "Easement Property") Grantor 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 Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 22 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby. In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas Grantee 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, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted 3 This section intentionally omitted. 4. General Provisions 4 1 Binding upon Successors and Assib s The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land, they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in tale to all or part of the WWTP Property or the Easement Property. 4.2 No Third Party Beneficiary Rights. Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 13 1 above 43 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, orjomt venture between the parties hereto 44 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 copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement 45 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 46 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 terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 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 threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking 47 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (b) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile 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. 4.8 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 term, condition or provision 4.9 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 410 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 411 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 4.12 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 4.13 Recordation, Duration. Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense The provisions of this Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or 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 WWTP Property and the Easement Property and recorded in the public land records of Chatham County 414 Required Amendments. In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the EI DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder [Next Page is Signature Page] DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 [Signature Page to Effluent Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly oven, the day and year first above written GOVERNORS CLUB, INC. a North Carolina Nonprofit Corporation By: Name: Title. Address: 11000 Governors Drive Chapel Hill, North Carolina 27517 Attn: Fax: GOVERNORS CLUB LIMITED PARTNERSHIP a Delaware Limited Partnership By: Its General Partner, Governors Club Development Corporation By: r Name: Title: Lui Address: 1 P.O • S'k' 9 5rr,u�r¢a , North CarolinalS a Attu:ZbiCC" Fax. Cal DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that ToyiJo,J personally appeared before me this day and aclmowledged that he is the �r c „d ewT of Governors Club, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this of)'- 'j day of �S , 2005 My Commission Expire ,l/,2& — Date STATE OF NORTU CAROLINA COUNTY OF W—j Notary Public the unders�gne Notary Public for the County and State aforesaid, certify that personally appeared before me this day and aclmowledged that he is the of Governors Club Development Corporation, the general partner of Governors Club Limited Partnership, a Delaware Limited Partnership, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this o/— day of nALQL&A it, 2005 My Commission Expires- errll, SPublic .� x :co= PugLIC / f////O®u` "s`� 7 DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT A WWTP Property, ALL that parcel of land upon which the Governors Club wastewater treatment plant is located, being more particularly described as the southeastern portion of Tract 21 of the Governors Club Planned Unit Development as shown and described on the plat entitled, "Boundary Survey for the Governors Club Development Corporation," recorded at Plat Slide 89-95, Chatham County Registry, and being the portion of the said Tract 21 that is bounded on the north by Tract 7 as shown and described on the plat entitled, "Composite Map, Governors Club Golf Club Property," recorded at Plat Slides 96-456 through 96-468, Chatham County Registry ("Golf Club Property Plat"), and being bounded on the west by the private road designated "Morehead" as shown and described on the plat entitled, "Morehead Forest, Governors Club, Phase Four," recorded at Plat Slides 90-256 through 90-262 and by Tract 9 as shown and described on the Golf Club Property Plat, and being the same area designated, "Maintenance Area & Utility Site" on the portion of the Golf Club Property Plat recorded at Plat Slide 96-467, Chatham County Registry All of the recorded plats referred to herein are incorporated herein for a more particular description of the WWTP Property. DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT B Sprav Protocols The Spray Protocols developed or to be developed by Governors Club Limited Partnership, Governors Club, Inc and Governors Club Property Owners Association, Inc for the operation of the Spray Irrigation Facilities used in the application of Treated Wastewater from the Wastewater Treatment System upon the Spray Areas Iocated in the planned unit development located in Williams Township, Chatham County, North Carolina and commonly known as "Governors Club", all as more particularly described in Section 6 of that certain Amended and Restated Wastewater Irrigation Agreement by and among the above -named parties dated December 18, 2003, as the same may have been or may hereafter be amended from time to time, the provisions of which agreement concerning Spray Protocols are incorporated herein by this reference I DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 PROPERTY BOUNDARY FIELD #22 60 AC FIELD 03 FIELD 423 765 AC AC , FIELD 014 FIELD #21 29 AC FOLD #o - FIELD 412 D 57 AC FIELD #79 617 AC (EXISTING) 259 AC FIELD $2A 42 \ 1288 AC 729 AC (EXPANDED) \ mn„ru 2 FIELD #20 FIELD 010 aka K 38 AC _ 556 AC FIELD #15 411 �w i 597 AC - 080 C (EXISTING) k <>=_ � , 3 56 AC (EXPANDED) w(� - FIELD #8 788AC 4aI Z»= nn �`� U e FIELD #19 420 AC FIELD 87 FIELD fi25 """ 731 AC 47 AC FIELD #26 js FELD 46 NORTH 57 AC 583 AC (EXISTNG) FIELD #17 714 AC (E(PANOED) 5O # FIELD #18 5AC mwr�®� FIELD7# 1 1516 AC (EXISTING) SCALE I - aoD L--- 87 A — /1081 AC (EXPANDED) Jru..w � � ,ovnnroruvuc+,u.uyon,e,�si "�6 O FIELD # 16 831 o AC CO _ eion asawwE7�nrnnannEnax amnar�twamce Q d .-; FIELD#2 _ MED Jn11= TafKFRM ARE M 7MALM SPMTM-tS95tsC 516 AC (EXISTING) TafK WCflE SE W SFMY F E DSTHRDUCH EWN S a LNEVI= �017 PL n- z 908 AC (EXPANDED) TnETONKSPRAYF WS.1950B * E (n ) EXIFTING STORAGE % ° •• aELo o r+oLE � W—Wem v c € C POND �. 4 Nt, �i imx w Z i `m = FIELD# 3 FIELD 0 OSO AC 84 AC uw.hu- FIELD #'27 (PAY] NEW IS M L G :LLON EXISTING 312 AC REUSE HOLDING POND W WTP ;. o I 2 FIELD $ 28 (NEW) FIELD #4 i 860AC - 64 4 FIELD G 29 (NEW) — I / 952 AC f7 ; v noa; WATERSHED idC) i E EXISi1NG 5 DA} FIELD. 2 B 2720ZI AND 3T OPo4N M0 U T TO GVERUIP CFE6l Mb W N.VA UPSET FOND f'EI-S BAND 11 .DIVIN L`fIJ U T TO CUB CWEEF (W3M.IW) =W�TRELEAISE'D +� FIELD 0 30 (NEM _ 10 07 AC DocuSign Envelope ID: 26B1D70E-A7EC-490A-95FD-80B5622080E6 EXHIBIT D Easement Property All of the tracts designated 1 through 15 as shown on the plat entitled, "Composite Map, Governors Club Golf Club Property," recorded at Plat Slides 96-456 through 96-468, Chatham County Registry, to which plat reference is hereby made for a more particular description. 11 DocuSign Certificate Of Completion Envelope Id: 26131 D70FA7EC490A95FD80B5622080E6 Status: Completed Subject: Complete with DocuSign: Aqua NC -Governors Club WWTP WQ0000088 Renewal Application Source Envelope: Document Pages: 96 Signatures: 1 Envelope Originator: Certificate Pages: 4 Initials: 0 Andrew Norris AutoNav: Enabled ABNorris@aquaamerica.com Envelopeld Stamping: Enabled IP Address: 144.202.188.252 Time Zone: (UTC-05:00) Eastern Time (US & Canada) Record Tracking Status: Original Holder: Andrew Norris Location: DocuSign 3/22/2023 2:07:30 PM ABNorris@aquaamerica.com Signer Events Signature Timestamp Berger by:Amanda Sent: 3/22/2023 2:09:46 PM AABerger@aquaamerica.com EDII"Sillld 1%aU JA 15,— 6�t,V' Viewed: 3/22/2023 3:28:52 PM Security Level: Email, Account Authentication 4AOAEEA3D2Dc4CA... Signed: 3/22/2023 3:29:45 PM (None) Signature Adoption: Pre -selected Style Using IP Address: 75.183.176.211 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 3/22/2023 3:28:52 PM I D: 61 e025f2-f777-4df9-a6ad-853c5O87838a In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/22/2023 2:09:46 PM Certified Delivered Security Checked 3/22/2023 3:28:52 PM Signing Complete Security Checked 3/22/2023 3:29:45 PM Completed Security Checked 3/22/2023 3:29:45 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 6/21 /2018 4:02:07 PM Parties agreed to: Amanda Berger CONSUMER DISCLOSURE From time to time, Aqua America (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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