NC0089630_Application_20160531

Py
CHARLOTTE
W, ,TER
May 31, 2016
Tom Belnick
NPDES Complex Permitting Unit
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDES Permit Application
Long Creek Regional WWTP
Mecklenburg County
Dear NPDES Unit:
RECEIVED/NCDEQIDWR
JUN 2 4 2016
Water Quality
Permitting Section
Please find the enclosed application for the initial NPDES permit for the Long Creek Regional WWTP. The
application includes Attachments #1— V. Part G, Combined Sewer Systems is not applicable. The
00""'N following is a summary of the attachments submitted with the application:
1. Attachment #1— NCDWR's Return of NPDES Permit Application Letter and Charlotte
Water's narrative response along with History of Long Creek Regional Plant Narrative
2. Attachment #2 — NCDWR's Speculative Effluent Limits Letter
3. Attachment #3 - Topographical maps required in Part B.2. and Part B.3.
4. Attachment #4 - Nutrient and Land Purchase Agreement from ReVenture (Clariant)
5. Attachment #5 - MOA between City of Mount and City of Charlotte, MOA between City of
Belmont and City of Charlotte, and the Proposed permit modifications for Belmont and Mt.
Holly for nutrient re -allocation of purchased nutrients
6. Attachment #6 — Executed Nutrient Purchase Agreement between City of Belmont and City of
Charlotte (exercised if Long Creek Regional WWTP is not built)
7. Attachment #7 - Environmental Impact Statement— hard copy with CDROM
Please let us know if you have any questions, or if you need any further information. If you do, please call
Shannon Sypolt, Water Quality Program Administrator, at 704/336-4581 or me at 704/391-5181. Thank you
for your assistance with the application process.
Respectfully, A
Jacq a ine A. Jarrell, P..E.
Operations Chief, Environmental Management Division
Charlotte Water
Cc: S. Coffman
S. Sypolt
Charlotte Water 4222 Westmont Drive, Charlotte, NC 28217 charlottewater.org
eRA Operated by the City of Charlotte

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FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN:
Long Creek Regional VAVTP, Initial Permit Catawba
FORM
2A NPDES FORM 2A APPLICATION OVERVIEW
NPDES
APPLICATION OVERVIEW
Form 2A has been developed in a modular format and consists of a `Basic Application Information" packet
and a "Supplemental Application Information" packet. The Basic Application Information packet is divided
into two parts. All applicants must complete Parts A and C. Applicants with a design flow greater than or
equal to 0.1 mgd must also complete Part B. Some applicants must also complete the Supplemental
Application Information packet. The following items explain which parts of Form 2A you must complete.
BASIC APPLICATION INFORMATION:
A. Basic Application Information for all Applicants. All applicants must complete questions A.1 through A.8. A treatment works
that discharges effluent to surface waters of the United States must also answer questions A.9 through A.12.
B. Additional Application Information for Applicants with a Design Flow 2 0.1 mgd. All treatmen ��01(��rr�((qq ,,qqa p�ows
greater than or equal to 0.1 million gallons per day must complete questions B.1 through B.6. RECCIVtUI bt
C. Certification. All applicants must complete Part C (Certification). JUN 2 4 Z016
SUPPLEMENTAL APPLICATION INFORMATION: Water Quality
Permitting Section
D. Expanded Effluent Testing Data. A treatment works that discharges effluent to surface waters of the United States and meets
one or more of the following criteria must complete Part D (Expanded Effluent Testing Data):
1. Has a design flow rate greater than or equal to 1 mgd,
2. Is required to have a pretreatment program (or has one in place), or
3. Is otherwise required by the permitting authority to provide the information.
E. Toxicity Testing Data. A treatment works that meets one or more of the following criteria must complete Part E (Toxicity Testing
Data):
1. Has a design flow rate greater than or equal to 1 mgd,
2. Is required to have a pretreatment program (or has one in place), or
3. Is otherwise required by the permitting authority to submit results of toxicity testing.
F. Industrial User Discharges and RCRA/CERCLA Wastes. A treatment works that accepts process wastewater from any
significant industrial users (SIUs) or receives RCRA or CERCLA wastes must complete Part F (Industrial User Discharges
and RCRA/CERCLA Wastes). SIUs are defined as:
1. All industrial users subject to Categorical Pretreatment Standards under 40 Code of Federal Regulations (CFR) 403.6 and
40 CFR Chapter I, Subchapter N (see instructions); and
2. Any other industrial user that:
a. Discharges an average of 25,000 gallons per day or more of process wastewater to the treatment works (with certain
exclusions); or -
b. Contributes a process wastestream that makes up 5 percent or more of the average dry weather hydraulic or organic
capacity of the treatment plant; or
C. Is designated as an SIU by the control authority.
G. Combined Sewer Systems. A treatment works that has a combined sewer system must complete Part G (Combined Sewer
Systems).
ALL APPLICANTS MUST COMPLETE PART C (CERTIFICATION)
EPA Fonn 3510.2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 1 of 22

FACILITY NAME AND PERMIT NUMBER:
PERMIT ACTION REQUESTED:
RIVER BASIN:
Long Creek Regional WWTP,
Initial Permit
Catawba
BASIC APPLICATION;'INF:ORMASTION.
PART A. BASIC APPLICATION INFORMATION; FOR ALL APPLICANTS:
All treatment works must complete questions A.1 through A.8 of this Basic Application Information Packet.
A.I. Facility Information.
Facility Name Long Creek Regional Wastewater Treatment Plant
Mailing Address 5100 Brookshire BLVD.
Charlotte, NC 28216
Contact Person Jacqueline A. Jarrell PE
Title Operations Chief
Telephone Number ( 704 ) 634-5430
Facility Address 800 Hawfield Rd. Charlotte, NC 28214 (Long Creek Pump Station Access)
(not P.O. Box)
A.2. Applicant Information. If the applicant is different from the above, provide the following:
Applicant Name Charlotte Water
Mailing Address 5100 Brookshire Blvd.
Charlotte, NC 28216
Contact Person Jacqueline A. Jarrell PE
Title Operations Chief
Telephone Number [phone]
Is the applicant the owner or operator (or both) of the treatment works?
X owner X operator
Indicate whether correspondence regarding this permit should be directed to the facility or the applicant.
❑ facility X applicant
A.3. Existing Environmental Permits. Provide the permit number of any existing environmental permits that have been issued to the treatment works
(include state -issued permits).
NPDES NA PSD NA
UIC NA Other NA
RCRA NA Other NA
A.4. Collection System Information. Provide information on municipalities and areas served by the facility. Provide the name and population of each
entity and, if known, provide information on the type of collection system (combined vs. separate) and its ownership (municipal, private, etc.).
Name Population Served Type of Collection System Ownership
Charlotte. NC 60,000 Separate Sanitary Sewer Charlotte Water
Total population served 60,000 (EIS)
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 2 of 22

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ka
FACILITY NAME AND PERMIT NUMBER: [PERMIT ACTION REQUESTED: RIVER BASIN:
Long Creek Regional WWTP, Initial Permit I Catawba
A.S. Indian Country.
a. Is the treatment works located in Indian Country?
❑ Yes X No
b. Does the treatment works discharge to a receiving water that is either in Indian Country or that is upstream from (and eventually flows
through) Indian Country?
❑ Yes X No
A.6. Flow. Indicate the design flow rate of the treatment plant (i.e., the wastewater flow rate that the plant was built to handle). Also provide the
average daily flow rate and maximum daily flow rate for each of the last three years. Each year's data must be based on a 12-month time period
with the 12t' month of "this year" occurring no more than three months prior to this application submittal.
a. Design flow rate 12.0125.0 mgd
Two Years A -go Last Year
This Year
b. Annual average daily flow rate NIA NIA WA
C. Maximum daily flow rate NIA NIA NIA
A.7. Collection System. Indicate the type(s) of collection system(s) used by the treatment plant. Check all that apply. Also estimate the percent
contribution (by miles) of each.
X Separate sanitary sewer 100 %
❑ Combined storm and sanitary sewer
A.8. Discharges and Other Disposal Methods.
a. Does the treatment works discharge effluent to waters of the U.S.? X Yes ❑ No
If yes, list how many of each of the following types of discharge points the treatment works uses:
I. Discharges of treated effluent
ii. Discharges of untreated or partially treated effluent
Ill. Combined sewer overflow points
iv. Constructed emergency overflows (prior to the headworks)
V. Other
b. Does the treatment works discharge effluent to basins, ponds, or other surface impoundments
that do not have outlets for discharge to waters of the U.S.? ❑ Yes
If yes, provide the following for each surface impoundment:
Location:
Annual average daily volume discharge to surface impoundment(s)
Is discharge ❑ continuous or ❑ intermittent?
C. Does the treatment works land -apply treated wastewater?
If yes, provide the following for each land application site:
d.
Location:
Number of acres:
Annual average daily volume applied to site:
Is land application ❑ continuous or ❑ intermittent?
Does the treatment works discharge or transport treated or untreated wastewater to another
treatment works?
pipe 001
X No
mgd
❑ Yes X No
mgd
❑ Yes X No
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 3 of 22

FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN:
Long Creek Regional WWTP Initial Permit Catawba
If yes, describe the mean(s) by which the wastewater from the treatment works is discharged or transported to the other treatment works
(e.g., tank truck, pipe).
If transport is by a party other than the applicant, provide:
Transporter Name
Mailing Address
Contact Person
Title
Telephone Number S )
For each treatment works that receives this discharge, provide the following:
Name
Mailing Address
Contact Person
Title
Telephone Number ( )
If known, provide the NPDES permit number of the treatment works that receives this discharge
Provide the average daily flow rate from the treatment works into the receiving facility. mgd
e. Does the treatment works discharge or dispose of its wastewater in a manner not included
in A.B. through A.8.d above (e.g., underground percolation, well injection): ❑ Yes X No
If yes, provide the following for each disposal method:
Description of method (including location and size of site(s).if applicable):
Annual daily volume disposed by this method:
Is disposal through this method ❑ continuous
or ❑ intermittent?
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7650-22. Page 4 of 22

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FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN:
Long Creek Regional WWTP, I Initial Permit I Catawba
WASTEWATER DISCHARGES:
If you answered "Yes" to question A.8.a, complete -questions A.9 through A.12 once for each outfall (including bypass points) through
which effluent is discharged. Do not include information on combined sewer overflows in this section. If you answered "No" to question
A&& go to Part B. "Additional Application Information for Applicants with a Design Flow Greater than or Equal to 0.1 mgd."
A.9. Description of Outfall.
a. Outfall number pipe 001
b. Location
(City or town. If applicable)
(County)
(Zip Code)
(State)
(Latitude)
(Longitude)
C. Distance from shore (if applicable)
ft.
d. Depth below surface (if applicable)
ft.
e. Average daily flow rate > .50
mgd
f. Does this outfall have either an intermittent or a periodic discharge? ❑ Yes
X No (go to A.9.g.)
If yes, provide the following information:
Number f times per year discharge occurs:
Average duration of each discharge:
Average flow per discharge:
mgd
Months in which discharge occurs:
g. Is outfall equipped with a diffuser? ❑ Yes
❑ No
A.10. Description of Receiving Waters.
a. Name of receiving water Catawba River
b. Name of watershed (if known) Catawba
United States Soil Conservation Service 14-digit watershed code (if known): Unknown
C. Name of State Management/River Basin (if known): Catawba
United States Geological Survey 8-digit hydrologic cataloging unit code (if known): HUC 03050103 .
d. Critical low flow of receiving stream (if applicable)
acute 7Q10 Flow is 95 cfs chronic Unknown cfs
e. Total hardness of receiving stream at critical low flow (if applicable): Unknown mgll of CaCO3
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 5 of 22

FACILITY NAME AND PERMIT NUMBER:
PERMIT ACTION REQUESTED:
RIVER BASIN:
Long Creek Regional VWITTP,
Initial Permit
Catawba
A.11. Description of Treatment
a. What level of treatment are provided? Check all that apply.
X Primary X Secondary
X Advanced ❑ Other. Describe:
b. Indicate the following removal rates (as applicable):
Design GODS removal or Design CBOD5 removal %
Design SS removal %
Design P removal
Design N removal
Other
C. What type of disinfection is used for the effluent from this outfall? If disinfection varies by season, please describe:
Ultraviolet Disinfection is Proposed
If disinfection is by chlorination is dechlorination used for this outfall? ❑ Yes ❑ No
Does the treatment plant have post aeration? ❑ Yes ❑ No
A.12. Effluent Testing Information. All Applicants that discharge to waters of the US must provide effluent testing data for the following
parameters. Provide the indicated effluent testing required by the permitting authority for each outfall through which effluent is
discharged. Do not include information on combined sewer overflows in this section. All information reported must be based on data
collected through analysis conducted using 40 CFR Part 136 methods. In addition, this data must comply with QAIQC requirements of
40 CFR Part 136 and other appropriate QAIQC requirements for standard methods for anaiytes not addressed by 40 CFR Part 136. At a
minimum, effluent testing data must be based on at least three samples and must be no more than four and one-half years apart.
Outfall number: 001
MAXIMUM DAILY VALUE
AVERAGE DAILY VALUE
PARAMETER
Value
Units
Value
Units
Number of Samples
pH (Minimum)
S.U.
pH (Maximum)
S.U.
MOVA
Flow Rate
Temperature (Winter)
Temperature (Summer)
* For pH please report a minimum
and a maximum daily value
MAXIMUM DAILY
DISCHARGE
AVERAGE DAILY DISCHARGE
POLLUTANT
ANALYTICAL
MUMDL
Conc.
Units
Conc.
Units
Number of
METHODSamples
CONVENTIONAL AND NON CONVENTIONAL COMPOUNDS
BIOCHEMICAL OXYGEN
BOD5
CBOD5
DEMAND (Report one)
FECAL COLIFORM
TOTAL SUSPENDED SOLIDS (TSS)
END OF PART A.
REFER TO THE APPLICATION1 OVERVIEW (PAGE.1) TO DETERMINE WHICH OTHER PARTS
OF FORM 2A YOU MUST COMPLETE
W
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 6 of 22

f,"*tl
FACILITY NAME AND PERMIT NUMBER:
PERMIT ACTION REQUESTED:
RIVER BASIN:
Long Creek Regional WWTP,
Initial Permit
Catawba
BASIC APPLICATION -:INFORMATION
PART-B. ADDITIONAL;APPLICATION:INFORMATION..FOR.APPLICANTS�WITH.A DESIGN FLOW GREATER THAN OR
`EQUAL T IIA MGDi'(-100 000 gallons, per day).
All applicants with a design flow rate z 0.1 mgd must answer questions B.1 through B.S. All others go to Part C (Certification).
B.1. inflow and Infiltration. Estimate the average number of gallons per day that flow into the treatment works from inflow and/or infiltration.
N/A gpd
Briefly explain any steps underway or planned to minimize inflow and infiltration.
B.2. Topographic Map. Attach to this application a topographic map of the area extending at least one mile beyond facility property boundaries. This
map must show the outline of the facility and the following information. (You may submit more than one map if one map does not show the entire
area.) Please see Attachment #3
a. The area surrounding the treatment plant, including all unit processes.
b. The major pipes or other structures through which wastewater enters the treatment works and the pipes or other structures through which
treated wastewater is discharged from the treatment plant. Include outfalls from bypass piping, if applicable.
c. Each well where wastewater from the treatment plant is injected underground.
d. Wells, springs, other surface water bodies, and drinking water wells that are: 1) within % mile of the property boundaries of the treatment
works, and 2) listed in public record or otherwise known to the applicant.
e. Any areas where the sewage sludge produced by the treatment works is stored, treated, or disposed.
f. If the treatment works receives waste that is classified as hazardous under the Resource Conservation and Recovery Act (RCRA) by truck, rail,
or special pipe, show on the map where the hazardous waste enters the treatment works and where it is treated, stored, and/or disposed.
B.3. Process Flow Diagram or Schematic. Provide a diagram showing the processes of the treatment plant, including all bypass piping and all
backup power sources or redunancy in the system. Also provide a water balance showing all treatment units, including disinfection (e.g.,
chlorination and dechlorination). The water balance must show daily average flow rates at influent and discharge points and approximate daily flow
rates between treatment units. Include a brief narrative description of the diagram.
B.4. Operation/Maintenance Performed by Contractor(s).
Are any operational or maintenance aspects (related to wastewater treatment and effluent quality) of the treatment works the responsibility of a
contractor? ❑ Yes ❑ No
If yes, list the name, address, telephone number, and status of each contractor and describe the contractor's responsibilities (attach additional
pages if necessary).
Name:
Mailing Address:
Telephone Number. f )
Responsibilities of Contractor
B.S. Scheduled improvements and Schedules of Implementation. Provide information on any uncompleted implementation schedule or
uncompleted plans for improvements that will affect the wastewater treatment, effluent quality, or design capacity of the treatment works. If the
treatment works has several different Implementation schedules or is planning several improvements, submit separate responses to question 6.5
for each. (If none, go to question B.6.)
a. List the outfall number (assigned In question A.9) for each outfall that is covered by this implementation schedule.
b. Indicate whether the planned Improvements or implementation schedule are required by local, State, or Federal agencies.
❑ Yes ❑ No
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 7 of 22

FACILITY NAME AND PERMIT NUMBER:
PERMIT ACTION REQUESTED:
RIVER BASIN:
Long Creek Regional WWTP,
Initial Permit
Catawba
C. If the answer to B.5.b Is "Yes," briefly describe, including new maximum daily inflow rate (if applicable).
d. Provide dates imposed by any compliance schedule or any actual dates of completion for the Implementation steps listed below, as
applicable. For improvements planned Independently of local, State, or Federal agencies, indicate planned or actual completion dates, as
applicable. Indicate dates as accurately as possible.
Schedule Actual Completion
Implementation Stage MM/DD/YYYY MM/DD/YYYY
- Begin Construction I I 1 !
- End Construction I 1 I I
- Begin Discharge I I I 1
- Attain Operational Level I I I 1
e. Have appropriate permits/clearances concerning other Federal/State requirements been obtained? ❑ Yes ❑ No
Describe briefly:
B.6. EFFLUENT TESTING DATA (GREATER THAN 0.1 MGD ONLY).
Applicants that discharge to waters of the US must provide effluent testing data for the following parameters. Provide the indicated
effluent testing required by the permitting authority for each outfall through which effluent is discharged. Do not include information
on combine sewer overflows in this section. All information reported must be based on data collected through analysis conducted
using 40 CFR Part 136 methods. In addition, this data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate
QA/QC requirements for standard methods for analytes not addressed by 40 CFR Part 136. At a minimum effluent testing data must be
based on at least three pollutant scans and must be no more than four and on -half years old.
Outfall Number:
MAXIMUM DAILY
DISCHARGE
AVERAGE DAILY DISCHARGE
POLLUTANT
ANALYTICAL
MLlMDL
Conc.
Units
Conc.
Units
Number of
METHODSamples
CONVENTIONAL AND NON CONVENTIONAL
COMPOUNDS
AMMONIA (as N)
CHLORINE (TOTAL
RESIDUAL, TRC)
DISSOLVED OXYGEN
TOTAL KJELDAHL
NITROGEN (TKN)
NITRATE PLUS NITRITE
NITROGEN
OIL and GREASE
PHOSPHORUS (Total)
TOTAL DISSOLVED SOLIDS
(TDS)
OTHER
END OF PART B.
REFER TO THE APPLICATION OVERVIEW '(PAGE 1) TO DETERMINE WHICH OTHER PARTS
OF FORM 2A YOU MUST COMPLETE
A
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 8 of 22

FACILITY NAME AND PERMIT NUMBER:
PERMIT ACTION REQUESTED:
RIVER BASIN:
Long Creek Regional WWTP,
Initial Permit
Catawba
- -- -- -T--- _-_-- - ----- - - -
iBA�SC`�PP0I0A7I N_Nl F,�RMA�TION '^
PARTriC �CERT�IFiCATON�- - - - - -. - - _ -
All applicants must complete the Certification Section. Refer to instructions to determine who is an officer for the purposes of this
certification. All applicants must complete all applicable sections of Form 2A, as explained in the Application Overview. Indicate below which
parts of Form 2A you have completed and are submitting. By signing this certification statement, applicants confirm that they have reviewed
Form 2A and have completed all sections that apply to the facility for which this application is submitted.
Indicate which parts of Form 2A you have completed and are submitting:
X Basic Application Information packet Supplemental Application Information packet:
❑ Part D (Expanded Effluent Testing Data)
❑ Part E (Toxicity Testing: Blomonitoring Data)
❑ Part F (Industrial User Discharges and RCRA/CERCLA Wastes)
❑ Part G (Combined Sewer Systems)
/ALLAPPLIC�dNT�MUST COMP,.LITHE{FOLLONING CERTlF1ICATION
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who
manage the system or those persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment
for knowing violations.
Name and official title L) : i.! N ,� • wuL---,V V. CW exiq"noN-JS G %4 % E: Ir.
Signature
Telephone number (7 t•{1 C9 &4 — 5 4 3 O
Date signed l 6
Upon request of the permitting authority, you must submit any other information necessary to assure wastewater treatment practices at the treatment
works or identify appropriate permitting requirements.
SEND COMPLETED FORMS TO:
NCDENR/ DWQ
Attn: NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 9 of 22

FACILITY NAME AND PERMIT NUMBER:
Long Creek Regional UIlWTP,
PERMIT ACTION REQUESTED:
Initial Permit
RIVER BASIN:
Catawba
SUPPLEWNTAL.APPLICA� �IO4ii ' ; O, IVIA�T10Ny `-
_ L
PART D: EXPANDED'-EFELUENTTE-6- NG; DA. TA.:. -
Refer to the directions on the cover page to determine whether this section applies to the treatment works.
Effluent Testing: 1.0 mgd and Pretreatment Works. If the treatment works has a design flow greater than or equal to 1.0 mgd or It has (or is required
to have) a pretreatment program, or is otherwise required by the permitting authority to provide the data, then provide effluent testing data for the following
pollutants. Provide the Indicated effluent testing information and any other information required by the permitting authority for each outfall through which
effluent Is discharged. Do not include information on combined sewer overflows In this section. All information reported must be based on data collected
through analyses conducted using 40 CFR Part 136 methods. In addition, these data must comply with QA/QC requirements of 40 CFR Part 136 and
other appropriate QA/QC requirements for standard methods for analytes not addressed by 40 CFR Part 136. Indicate in the blank rows provided below
any data you may have on pollutants not specifically listed In this form. At a minimum, effluent testing data must be based on at least three pollutant
scans and must be no more than four and one-half years old.
Outfall number. (Complete once for each outfall discharging effluent to waters of the United States.)
POLLUTANTNumber
MAXIMUM DAILY DISCHARGE
AVERAGE DAILY DISCHARGE
ANALYTICAL
METHOD::
, . UMDL
M
Conc.
Units
Mass
Urir_ts.:
Conc;
UnitsI-Wlti6f.-Ilass
Samples
METALS (TOTAL RECOVERABLE), CYANIDE, PHENOLS, AND HARDNESS.
ANTIMONY
ARSENIC
BERYLLIUM
CADMIUM
CHROMIUM
COPPER
LEAD
MERCURY
NICKEL
SELENIUM
SILVER
THALLIUM
ZINC
CYANIDE
TOTAL PHENOLIC
COMPOUNDS
HARDNESS (as CaCO3)
Use this space (or a separate sheet) to provide information on other metals requested by the permit writer
/11
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 10 of 22

FACILITY NAME AND PERMIT NUMBER:
Long Creek Regional WWTP,
PERMIT ACTION REQUESTED:
Initial Permit
RIVER BASIN:
Catawba
Outfall number: (Complete once for each outfall discharging effluent to waters of the United States.)
POLLUTANT
MAXIMUM DAILY DISCHARGE
AVERAGE DAILY DISCHARGE
ANALYTICAL
METHOD
MUMDL
Conc.
Units
Mass
Units
Conc.
Units
Mass
Units
Number
of
Samples
VOLATILE ORGANIC COMPOUNDS
ACROLEIN
ACRYLONITRILE
BENZENE
BROMOFORM
CARBON
TETRACHLORIDE
CHLOROBENZENE
CHLORODIBROMO-
METHANE
CHLOROETHANE
2-CHLOROETHYLVINYL
ETHER
CHLOROFORM
DICHLOROBROMO-
METHANE
1,1-DICHLOROETHANE
1,2-DICHLOROETHANE
TRANS-1,2-DICHLORO-
ETHYLENE
1,1-DICHLORO-
ETHYLENE
1,2-DICHLOROPROPANE
1,3-DICHLORO-
PROPYLENE
ETHYLBENZENE
METHYL BROMIDE
METHYL CHLORIDE
METHYLENE CHLORIDE
1,1,2,2 TETRA-
CHLOROETHANE
TETRACHLORO-
ETHYLENE
TOLUENE I
-T
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 11 of 22

FACILITY NAME AND PERMIT NUMBER:
Long Creek Regional WWTP,
PERMIT ACTION REQUESTED:
Initial Permit
RIVER BASIN:
Catawba
Outfall number. (Complete once for each outfall discharging effluent to waters of the United States.)
POLLUTANT
MAXIMUM DAILY DISCHARGE
AVERAGE DAILY DISCHARGE
ANALYTICAL
METHOD
ML/MDL
Cone.
Units
Mass
Units
Cone.
Units
Mass
Units
Number
of
Samples
TRICHLOROETHANE
1,1,2-
TRICHLOROETHANE
TRICHLOROETHYLENE
VINYL CHLORIDE
Use this space (or a separate sheet) to provide Information on other volatile organic compounds requested by the permit writer
ACID -EXTRACTABLE COMPOUNDS
P-CHLORO-M-CRESOL
2-CHLOROPHENOL
2,4-DICHLOROPHENOL
2,4-DIMETHYLPHENOL
4,6-D IN ITRO-O-CRESOL
2,4-DINITROPHENOL
2-NITROPHENOL
4-NITROPHENOL
PENTACHLOROPHENOL
PHENOL
2,4,6-
TRICHLOROPHENOL
Use this space (or a separate sheet) to. information on other acid -extractable
compounds requested by the permit writer
BASE -NEUTRAL COMPOUNDS
ACENAPHTHENE
ACENAPHTHYLENE
ANTHRACENE
BENZIDINE
BENZO(A)ANTHRACENE
BENZO(A)PYRENE
ka
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 12 of 22

FACILITY NAME AND PERMIT NUMBER:
Long Creek Regional WWTP,
PERMIT ACTION REQUESTED:
Initial Permit
RIVER BASIN:
Catawba
Outfall number. (Complete once for each outfall discharging effluent to waters of the United States.)
POLLUTANT
MAXIMUM DAILY DISCHARGE
"AVERAGE DAILY:DISCHARGE
ANALYTICAL
METHOD
MLlMDL
Conc.
Units
Mass_
Units
Conc.
Units
Mass
Units
Number
of
Samples
3,4 BENZO-
FLUORANTHENE
BENZO(GHI)PERYLENE
BENZO(K)
FLUORANTHENE
BIS (2-CHLOROETHOXY)
METHANE
BIS (2-CHLOROETHYL)-
ETHER
BIS (2-CHLOROISO-
PROPYL) ETHER
BIS (2-ETHYLHEXYL)
PHTHALATE
4-BROMOPHENYL
PHENYLETHER
BUTYL BENZYL
PHTHALATE
2-CHLORO-
NAPHTHALENE
4-CHLORPHENYL
PHENYL ETHER
CHRYSENE
DI-N-BUTYL PHTHALATE
DI-N-OCTYL PHTHALATE
DIBENZO(A,H)
ANTHRACENE
1,2-DICHLOROBENZENE
1,3-DICHLOROBENZENE
1,4-DICHLOROBENZENE
3,3-DICHLORO-
BENZIDINE
DIETHYL PHTHALATE
DIMETHYL PHTHALATE
2,4-DINITROTOLUENE
2,6-DINITROTOLUENE
1,2-DIPHENYL-
HYDRAZINE
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 13 of 22

FACILITY NAME AND PERMIT NUMBER:
Long Creek Regional VWVTP,
PERMIT ACTION REQUESTED:
Initial Permit
RIVER BASIN:
Catawba
Outfall number. (Complete once for each outfall discharging effluent to waters of the United States.)
POLLUTANT
MAXIMUM DAILY DISCHARGE
AVERAGE DAILY
DISCHARGE
ANALYTICAL
METHOD
MUMDL
Cone.
Units
Mass
Units
Cone.
Units
Mass
Units
Number
of
Samples
FLUORANTHENE
FLUORENE
HEXACHLOROBENZENE
HEXACHLORO-
BUTADIENE
HEXACHLOROCYCLO-
PENTADIENE
HEXACHLOROETHANE
INDENO(1,2,3-CD)
PYRENE
ISOPHORONE
NAPHTHALENE
NITROBENZENE
N-NITROSODI-N-
PROPYLAMINE
N-NITROSODI-
METHYLAMINE
N-NITROSODI-
PHENYLAMINE
PHENANTHRENE
PYRENE
1,2,4-
TRICHLOROBENZENE
Use this space (or a separate sheet) to provide information on other base -neutral compounds requested
by the permit writer
Use this space (or a separate sheet) to provide information on other pollutants (e.g., pesticides) requested by the permit writer
END -OF PART .D.
REFER TO THE APPLICATION 01/ERVIEW {PAGE 1`) TO DETERMINE WHICH OTHER PARTS
OF FORM 2A YOU MUST .COMPLETE
f 1
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 14 of 22

ka
FACIUTY NAME AND PERMIT NUMBER:
PERMIT ACTION REQUESTED:
RIVER BASIN:
Long Creek Regional WWTP
Initial Permit
Catawba
SUPPLEMENTAL,: APP,LICATION,�INFORMATION
PART E. TOXICITY TESTING .DATA
POTWs meeting one or more of the following criteria must provide the results of whole effluent toxicity tests for acute or chronic toxicity for each of the
facility's discharge points: 1) POTWs with a design flow rate greater than or equal to 1.0 mgd; 2) POTWs with a pretreatment program (or those that are
required to have one under 40 CFR Part 403); or 3) POTWs required by the permitting authority to submit data for these parameters.
• At a minimum, these results must include quarterly testing for a 12-month period within the past 1 year using multiple species (minimum of two
species), or the results from four tests performed at least annually in the four and one-half years prior to the application, provided the results
show no appreciable toxicity, and testing for acute and/or chronic toxicity, depending on the range of receiving water dilution. Do not include
information on combined sewer overflows in this section. All information reported must be based on data collected through analysis conducted
using 40 CFR Part 136 methods. In addition, this data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate QA/QC
requirements for standard methods for analytes not addressed by 40 CFR Part 136.
• In addition, submit the results of any other whole effluent toxicity tests from the past four and one-half years. If a whole effluent toxicity test
conducted during the past four and one-half years revealed toxicity, provide any Information on the cause of the toxicity or any results of a
toxicity reduction evaluation, if one was conducted.
• If you have already submitted any of the information requested in Part E. you need not submit it again. Rather, provide the information
requested in question EA for previously submitted information. If EPA methods were not used, report the reasons for using alternate methods.
If test summaries are available that contain all of the information requested below, they may be submitted in place of Part E.
If no biomonitoring data is required, do not complete Part E. Refer to the Application Overview for directions on which other sections of the form to
complete.
E.I. Required Tests.
Indicate the number of whole effluent toxicity tests conducted in the past four and one-half years.
❑ chronic ❑ acute
E.2. Individual Test Data. Complete the following chart for each whole effluent toxicity test conducted in the last four and one-half years. Allow one
column per test (where each species constitutes a test). Copy this page if more than three tests are being reported.
Test number. Test number. Test number.
a. Test information.
Test Species & test method number
Age at initiation of test
Outfall number
Dates sample collected
Date test started
Duration
b. Give toxicity test methods followed.
Manual title
Edition number and year of publication
Page number(s)
c. Give the sample collection method(s) used. For multiple grab samples, indicate the number of grab samples used.
24-Hour composite
Grab
d. Indicate where the sample was taken in relation to disinfection. (Check all that apply for each.
Before disinfection
After disinfection
After dechlorination
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 15 of 22

FACILITY NAME AND PERMIT NUMBER:
Long Creek Regional WWTP,
PERMIT ACTION REQUESTED:
Initial Permit
RIVER BASIN:
Catawba
Test number: Test number: Test number:
e. Describe the point in the treatment process at which the sample was collected.
Sample was collected:
f. For each test, include whether the test was intended to assess chronic toxicity, acute toxicity, or both
Chronic toxicity
Acute toxicity
g. Provide the type of test performed.
Static
Statio-renewal
Flow -through
h. Source of dilution water. If laboratory water, specify type; if receiving water, specify source.
Laboratory water
Receiving water
i. Type of dilution water. If salt water, specify "natural" or type of artificial sea salts or brine used.
Fresh water
Salt water
j. Give the percentage effluent used for all concentrations in the test series.
k. Parameters measured during the test. (State whether parameter meets test method specifications)
pH
Salinity
Temperature
Ammonia
Dissolved oxygen
I. Test Results.
Acute:
Percent survival in 100%
effluent
%
ova
LCso
95% C.I.
%
%
%
Control percent survival
%
%
%
Other (describe)
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 16 of 22

FACILITY NAME AND PERMIT NUMBER:
Long Creek Regional WWfP,
PERMIT ACTION REQUESTED:
Initial Permit
RIVER BASIN:
Catawba
Chronic:
NOEC
%
%
%
IC2S
%
%
%
Control percent survival
%
%
Other (describe)
m. Quality Control/Quality Assurance.
Is reference toxicant data available?
Was reference toxicant test within
acceptable bounds?
What date was reference toxicant test
run (MM/DD/YYYY)?
f
I
1 1
Other (describe)
E.3. Toxicity Reduction Evaluation. Is the treatment works involved in a Toxicity Reduction Evaluation?
❑ Yes ❑ No If yes, describe:
EA. Summary of Submitted Biomonitoring Test Information. If you have submitted biomonitoring test information, or information regarding the
cause of toxicity, within the past four and one-half years, provide the dates the information was submitted to the permitting authority and a summary
of the results.
Date submitted: ! / (MM/DD/YYYY)
Summary of results: (see Instructions)
END (OF PART E.
REFER PTO THE APPLICATION -OVERVIEW "(PAGE 'I) TO :DETERMINE WHICH OTHER -PARTS
OF FORM 2A YOU. ;MUST COMPLETE.
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 17 of 22

FACILITY NAME AND PERMIT NUMBER:
PERMIT ACTION REQUESTED:
RIVER BASIN:
Long Creek Regional WWTP,
Initial Permit
Catawba
SUPPLEMENTAL APPLICATION INFORMATION
PART F.INDUSTRIAL USER DISCHARGES AND RCRAICERCLA WASTES
All treatment works receiving discharges from significant industrial users or which receive RCRA,CERCLA, or other remedial wastes must
complete part F.
GENERAL INFORMATION:
F.1. Pretreatment program. Does the treatment works have, or is subject to, an approved pretreatment program?
❑ Yes ❑ No
F.2. Number of Significant Industrial Users (SIUs) and Categorical Industrial Users (CIUs). Provide the number of each of the following types of
industrial users that discharge to the treatment works.
a. Number of non -categorical SlUs.
b. Number of CIUs.
SIGNIFICANT INDUSTRIAL USER INFORMATION:
Supply the following information for each SIU. If more than one SIU discharges to the treatment works, copy questions F.3 through F.8 and
provide the Information requested for each SIU.
F.3. Significant Industrial User Information. Provide the name and address of each SIU discharging to the treatment works. Submit additional pages
as necessary.
Name:
Mailing Address:
F.4. Industrial Processes. Describe all the Industrial processes that affect or contribute to the SIU's discharge.
F.S. Principal Product(s) and Raw Material(s). Describe all of the principal processes and raw materials that affect or contribute to the SIU's
discharge.
Principal product(s):
Raw material(s):
F.S. Flow Rate.
a. Process wastewater flow rate. Indicate the average daily volume of process wastewater discharge into the collection system in gallons per
day (gpd) and whether the discharge is continuous or intermittent.
gpd ( continuous or intermittent)
b. Non -process wastewater flow rate. Indicate the average daily volume of non -process wastewater flow discharged into the collection system
in gallons per day (gpd) and whether the discharge is continuous or intermittent. '
gpd ( continuous or intermittent)
F.7. Pretreatment Standards. Indicate whether the SIU is subject to the following:
a. Local limits ❑ Yes ❑ No
b. Categorical pretreatment standards ❑ Yes ❑ No
If subject to categorical pretreatment standards, which category and subcategory?
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 18 cf 22

FACILITY NAME AND PERMIT NUMBER:
PERMIT ACTION REQUESTED:
RIVER BASIN:
Long Creek Regional VVMP,
Initial Permit
Catawba
F.8. Problems at the Treatment Works Attributed to Waste Discharge by the SIU. Has the SIU caused or contributed to any problems (e.g.,
upsets, interference) at the treatment works in the past three years?
❑ Yes ❑ No If yes, describe each episode.
RCRA HAZARDOUS WASTE RECEIVED BY TRUCK, RAIL, OR DEDICATED PIPELINE:
F.9. RCRA Waste. Does the treatment works receive or has it in the past three years received RCRA hazardous waste by truck, rail or dedicated pipe?
❑ Yes ❑ No (go to F.12)
F.10. Waste transport Method by which RCRA waste is received (check all that apply):
❑ Truck ❑ Rail ❑ Dedicated Pipe
F.11. Waste Description. Give EPA hazardous waste number and amount (volume or mass, specify units).
EPA Hazardous Waste Number Amount Units
CERCLA (SUPERFUND) WASTEWATER, RCRA REMEDIATIONICORRECTIVE ACTION
WASTEWATER, AND OTHER REMEDIAL ACTIVITY WASTEWATER:
F.12. Remediation Waste. Does the treatment works currently (or has it been notified that it will) receive waste from remedial activities?
❑ Yes (complete F.13 through F.15.) ❑ No
F.13. Waste Origin. Describe the site and type of facility at which the CERCLA/RCRA/or other remedial waste originates (or is excepted to origniate in
the next five years).
F.14. Pollutants. List the hazardous constituents that are received (or are expected to be received). Include data on volume and concentration, if
known. (Attach additional sheets if necessary.)
F.16. Waste Treatment
a. Is this waste treated (or will be treated) prior to entering the treatment works?
❑ Yes ❑ No
If yes, describe the treatment (provide information about the removal efficiency):
b. Is the discharge (or will the discharge be) Continuous or intermittent?
❑ Continuous ❑ Intermittent If intermittent, describe discharge schedule.
END OF PART F.
REFER TO THE APPLICATION OVERVIEW (PAGE 1) TO DETERMINE WHICH OTHER PARTS
OF FORM 2A YOU MUST COMPLETE
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550.6 & 7550-22,
Page 19 of 22

FACILITY NAME AND PERMIT NUMBER:
PERMIT ACTION REQUESTED:
RIVER BASIN:
Long Creek Regional WWTP,
Initial Permit
Catawba
SUPPLEMENTAL APPLICATION INFORMATION
PART G. COMBINED SEWER SYSTEMS
If the treatment works has a combined sewer system, complete Part G.
G.1. System Map. Provide a map indicating the fallowing: (may be included with Basic Application Information)
a. All CSO discharge points.
b. Sensitive use areas potentially affected by CSOs (e.g., beaches, drinking water supplies, shellfish beds, sensitive aquatic ecosystems, and
outstanding natural resource waters).
C. Waters that support threatened and endangered species potentially affected by CSOs.
G.2. System Diagram. Provide a diagram, either in the map provided in G.1 or on a separate drawing, of the combined sewer collection system that
includes the following information.
a. Location of major sewer trunk lines, both combined and separate sanitary.
b. Locations of points where separate sanitary sewers feed into the combined sewer system.
C. Locations of in -line and off-line storage structures.
d. Locations of flow -regulating devices.
e. Locations of pump stations.
CSO OUTFALLS:
Complete questions G.3 through G.6 once for each CSO discharge point
G.3. Description of Outfall.
a. Outfall number
b. Location
(City or town, if applicable) (Zip Code)
(County) (State) ,
(Latitude) (Longitude)
C. Distance from shore (if applicable) ft.
d. Depth below surface (if applicable) ft.
e. Which of the following were monitored during the last year for this CSO?
❑ Rainfall ❑ CSO pollutant concentrations ❑ CSO frequency
❑ CSO flow volume ❑ Receiving water quality
f. How many storm events were monitored during the last year?
GA. CSO Events.
a. Give the number of CSO events in the last year.
events (❑ actual or ❑ approx.)
b. Give the average duration per CSO event.
hours (❑ actual or ❑ approx.)
EPA Fern 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 20 of 22

FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN:
Long Creek Regional WWTP, Initial Permit Catawba
C. Give the average volume per CSO event.
million gallons (❑ actual or ❑ approx.)
d. Give the minimum rainfall that caused a CSO event in the last year
Inches of rainfall
G.S. Description of Receiving Waters.
a. Name of receiving water:
b. Name of watershed/river/stream system:
United State Soil Conservation Service 14-digit watershed code (if known):
C. Name of State Management/River Basin:
United States Geological Survey 8-digit hydrologic cataloging unit code (if known):
G.6. CSO Operations.
Describe any known water quality impacts on the receiving water caused by this CSO (e.g., permanent or Intermittent beach closings, permanent or
Intermittent shell fish bed closings, fish kills, fish advisories, other recreational loss, or violation of any applicable State water quality standard).
END- OF PART G.
REFER T07HE APPLICATION OVERVIEW :(PAGE 1) TO -DETERMINE WHICH OTHER PARTS
OF FORM 2A YOU MUST COMPLETE.
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 21 of 22

Additional information, if provided, will appear on the following pages.
NPDES FORM 2A Additional Information

AM\
RECEIVEDINCDEQIDWR
JUN 2 4 2016
Water Quality
Permitting Section
Attachment # 1

PAT MCCRORY
r.y
WaterResources
ENVIRONMENTAL QUALITY
March 28, 2016
Ms. Jacqueline Jarrell, P.E.
Operations Chief, Environmental Management Division
Charlotte Water
5100 Brookshire Blvd
Charlotte, North Carolina 28216
Dear Ms Jarrell:
(lnrerrmr
DONALD R. VAN DER VAART
secrclnrV
S. JAY ZIMMERMAN
Subject: Return ofNPDES Application
Long Creek Regional WWTP
Mecklenburg County
Uuxa'nv
The Division is returning your application for a new NPDES wastewater discharge permit as
incomplete for the following reasons:
1. Application Fee. The application package must include a non-refundable application fee
of $3,440. Please make this check payable to NC Department of Environmental Quality.
2. Flow Justification/Alternatives Analysis. Please include the entire Alternatives Analysis
in Attachment #2. It appears the first 4 pages are missing, which appear to include an
Alternative 1. Also, if these missing pages do not include information on flow
justification, please provide additional documentation for the projected flow of 25 MGD
by 2034. It is not apparent from Table 4-2 whether the buildout flow is based on
projected population growth, consolidation within the service area, or a combination. If
population projections were used to arrive at the buildout flow, please detail in text or
include additional documentation from the Draft EIS. Finally, describe the anticipated
wastewater flows that will be directed to the Regional WWTP during each phase (e.g., it
appears that Belmont flows will initially be pumped to McAlpine WWTP during Phase 1,
and rerouted to the Regional WWTP following Phase 2 buildout).
3. Man of Outfall Location. Please indicate the proposed location of Outfall pipe 001 to
Catawba River on a USGS Topo map, 1:24,000 scale.
4. Nutrient Allocations. Please include an additional Attachment to the application
summarizing the current nutrient allocation status. Please detail the TN/TP allocations
purchased by the City of Charlotte to date, and any proposed lend/lease of these
allocations while the Regional WWTP is being constructed. Please include relevant
/'► documentation including contracts and agreements. Concurrent with this new
application, the Division is also working on permit renewals for Clariant, Belmont, and
State of North Carolina 1 Environmental Quality I WaterResanees
1617 Mail Service Center J Raleigh, North Carolina 27699-1617
919 707 9000

Mount Holly, and will need to document in these permit Fact Sheets how the nutrient
allocations will transfer over the next permit term.
5. Schedule. This project is proposed to be built in two phases (12/25 MGD). Will the
existing discharges from Belmont and Mount Holly be eliminated during the first phase?
If you have any questions on the comments above, please call me at 919-807-6390 or via email
at [e-mail].
Sincerely,
m Belnick, Supervisor
NPDES Complex Permitting Unit
Copies:
Central Files/Mecklenburg County
DWR/Mooresville Regional Office/Water Quality (email)
n

Responses to March 28 letter from Tom Belnick:
Item 2: Wastewater Flow Directions — During Phase 1 of the Long Creek WWTP the plant will treat flows
from the Charlotte system that currently flow through the Long Creek Liftstation and flows from Mt
Holly. Flows from Belmont will be pumped to the Paw Creek Liftstation which pumps to the McAlpine
WWTP. See attached graphic.
The proposed discharge permit to meet the TMDL utilizes the nitrogen and phosphorus allocation from
the old Clariant WWTP and the allocation from the Belmont and Mt Holly WWTP's. Both EIS and the
agreements with both towns are set up such that activating Phase 1 of the Long Creek WWTP requires
Belmont and Mt Holly to shut down their plants and transfer wastewater to Charlotte.
It is presumed that Phase 1 of the plant would be 12 mgd.
Phase 2 of the Long Creek WWTP is a proposed expansion to 25 mgd and the timing of that expansion
would be triggered by one of two events. The first possibility is that more capacity is required to serve
Mt Holly or to serve areas which are upstream of the Long Creek WWTP (i.e. — the Long Creek basin or
Mt Holly service area). Under this scenario the Paw Creek Liftstation would not necessarily be
redirected to the Long Creek WWTP at this time.
The second possible trigger is that the Charlotte system south of Long Creek, which could be either the
Paw Creek collection system or the Irwin or McAlpine WWTP's, needs additional capacity. Under this
scenario the Paw Creek liftstation forcemain would be rerouted up to the Long Creek WWTP as a part of
the plant expansion.
4. Charlotte Water has purchased 90% of the nitrogen (286.65 Ibs) and phosphorus (36 Ibs) allocations
from the Clariant NPDES permit (Purchase contract attached). Currently that allocation is stored in the
Clariant permit but needs to be transferred to the Belmont and Mt Holly permits (proposed Permit
Modification language attached). I know there has been some conversations as to whether some
modification to the proposed allocation split needs to occur but after looking at it with Belmont and Mt
Holly we need to stick with the same allocation split we've been proposing all along. We don't have the
detailed agreements fully ironed out yet but I've attached the MOA's that were approved by both
boards, although non -binding, and the nutrient purchase agreement with Belmont whereby they will
purchase the entire nutrient allocation from us if we don't build the Long Creek agreement for some
reason. That agreement is a binding contract.
The proposed permit modification language for Belmont and Mt Holly also includes language to address
what is to happen with the Long Creek WWTP is constructed.
S. Schedule - Yes, both the Belmont and Mt Holly discharges are required to eliminated as a part of the
Long Creek WWTP start up if not before. There is the option to construct the liftstation and forcemain

{ l from the Belmont or Mt Holly system to the Charlotte system prior to the construction of the Long Creek
WWTP but the most likely scenario for that would be to construct the Mt Holly liftstation as an interim
step to address short term capacity needs.

Long Creek Regional Wastewater Plant Project Summary
Overall Proiect Goal
May, zo16 �EIVEDUDEO&NR
JUN 2 4 Z016
Water Quality
Permitting Section
The goal of this project is to accommodate projected growth in western Mecklenburg and eastern Gaston
counties while implementing the 1995 Lake Wylie TMDL by consolidating an industrial and z existing municipal
wastewater treatment plants and eliminating extensive wastewater collection system pumping currently in use.
This will be accomplished through the construction of a regional wastewater treatment plant capable of meeting
the desired water quality and TMDL nutrient removal goals.
Background
In 2007 Charlotte Water completed a wastewater master plan for the service area draining to the McAlpine,
Sugar, and Irwin Creek Wastewater Treatment Plants (WWTP). The study included all of these drainage basins
and plants since they are currently interconnected with the ability to bypass flow from the Sugar Creek and Irwin
Creek plants to the McAlpine Creek plant. The map below is a schematic of the drainage basins and plant
interconnects.
Service Area and WWTP Interconnects
10�

/d0h) At the conclusion of the master plan it was determined that the best option was to pursue a new treatment
plant at the Long Creek Pump station location rather than continuing to pump wastewater such long distances.
The option of continued pumping would also require replacing most of the gravity sewer lines between the Paw
Creek Wastewater Pump station and the McAlpine or Irwin Creek WWTP with a cost that was similar to that of a
new plant.
Proiect Initiation
The kickoff for this project had two primary focuses: 1. To work with NC DEQ on the water quality modeling for a
new wastewater treatment plant; and 2. To engage a large stakeholder group on the concept of a new
wastewater plant in this area.
In the process of working with. North Carolina Department of Environmental Quality (NC DEQ) on the water
quality modeling for a NPDES speculative limit request it was determined that this section of Lake Wylie was
under an EPA TMDL for phosphorus and nitrogen developed in 1995 and that the TMDL did not provide nutrient
allocations for new discharges (see TMDL excerpt below).
New Discharges
It is recommended that no new discharges should be allowed to the lake mainstem or its
tributaries, unless an cvaluation of engineering alternatives shows that it is the most
environmentally sound altemative. For any new discharges that meet this requirement it is
recommended that advanced treatment technology be required. It is further recommended that
any new facility with a permitted design flow of greater than or equal to 1 MGD should be
required to meet monthly average limits of 1.0 mg/l total phosphorus (TP) and 6.0 mg/1 total
nitrogen (TN), (nitrogen limits to apply for the months April through October only). For new
facilities with a permitted design flow of less than 1 MGD but greater than 0.05 MOD (50,000
gallons per day) it is recommended that they meet a total phosphorus limit of 2.0 mg/l.
All industrial discharges will be handled on a case -by -case basis because attainable advanced
removal technology cannot be clearly defined for them as a group. The Division will require
the industries in the management area to control TP and TN to best available technology levels
applicable to their industrial type.
Existing Discharges
Existing discharges to the lake mainstem and tributaries should be encouraged to be removed
when alternatives become available. Programs such as the Charlotte -Mecklenburg Utility
Department (CMUD) sewer line extension project should continue to be supported.
Upon expansion or major modification, it is recommended that all existing discharges should
be required to apply advanced nutrient removal technology. For all expanding facilities with a
permitted design flow greater than or equal to 1 MGD, recommended monthly average limits
are as follows: 1.0 mg/l TP and 6.0 mg/1 TN, (nitrogen limits to apply for the months of April
through October only). For expanding facilities with a permitted design flow less than 1 MGD
but greater than or equal to 0.05 MGD, the recommended TP limit is 2.0 mg/1. No expansion
should be allowed that increases the total nutrient load from the facility unless an evaluation of
engineering alternatives shows that it is the most environmentally sound alternative.
Lake Wylie TMDL 1995 — Page 6
However the general location of the proposed plant contains 3 significant NPDES permits for existing
wastewater treatment plants (City of Belmont, City of Mt Holly, and Clariant Corporation) and all are in close

proximity to the proposed Long Creek regional plant and/or to Charlotte Water's existing Paw Creek Wastewater
Pump station as shown in the aerial photos below.
As noted above, a comprehensive stakeholder process was completed to ensure adequate review and discussion
on the concept of a new regional wastewater treatment plant. The stakeholder group determined that the new
plant provided several key environmental improvements to the area:
1. Allowed the discharges of 3 older wastewater treatment plants eliminated and consolidated into one
/1 new plant.

2. Provided for meeting the TMDL and additional growth in the regional without the need to
upgrade/expand 3 existing plants (City of Belmont, City of Mt Holly, and Charlotte Water). (it should be
noted that only Clariant had any nutrient limits at that time but NC DEQ was proposing them for
Belmont and Mt Holly.)
3. Moves a significant volume of water currently being treated and discharged back to the stream near the
South Carolina line back up in the Catawba River basin closer to the withdrawal point.
Lake Wylie TMDL Implementation Plan
The TMDL for this section of lake Wylie provided for maximum nutrient loadings for Phosphorus and Nitrogen.
The diagrams below are an excerpt from the TMDL plan showing the distribution of nutrient loadings among
existing dischargers at that time (Figure 6.1) and the future allocations upon TMDL implementation (Figure 6.2).
.,W Catawba
ML Ida"d River
Lake Dam Mt. Holly
4.0 MGD
TP - 11 O On/d
(3.3 mqA)
TN - 304 !bs/d
(9.1 MOA)
Mmorrt
5.0 MGD
TP-801 bs/d
�
7346 Ibs/d - 34S tbs/d
(8.3 mqA)
SOS * N - 624 Ibs/d
1% (15 MOO)
\ LAKE WYLJE
• Major NFDES Discharger locations with facility name and predcted avg. daily nutrient loads for total nitrogen
(TN) and phosphorus (TP) based on permitted flow and recommended nutrient concentrations.
�L. I Nutrient sensitive lake areas.
Note: Daily nutrient loadngs In the 4 lake arms are based on 89-90 measured background levels plus actual
average 93-94 loadings from dischargers: Nutrient loading in the main lake Is based on percentages of the
lake arm loadkngs that are thought to reach the lake based an a field -cis brated in -lake nutient transport
j model.
Figure 6.1 Schematic Diagram of Lake Wylie Showing Nutrient Loadings and Predicted
Chlorophyll -a Concentrations in the 4 Major Arms and the Mainstem of the Lake
Under the 1995 Lake Wylie Nutrient Management Strategy

>I Catawba
ML Island River
Lake Oars Mt Holly
6.0 MGD
TP - SO Has/d
(].O MSA)
TN - 300 Un/d
(6.0 RW/Q
Nutriel=
Loadl gZ 4 0 Belmont
TP-455 tbs/d 7.0 MGD
TN-7068 lbs/d TP - 58 bs/d
(7.0 mg/0
60% TN- 350 lbs/d
\
LAKE WYLIE
. Major KPaES Discharger locations with facility name and predicted avg. daily nutrient loads for total Ntragen
.r _ CM and Phosphorus (TP) based on pern itted flow and reoo =cndcd nutdcnt concentrations.
� 1 Nutrient sensitive take areas.
Note: Daily nutrient loadings In the 4 Wee smU are based an 89-90 measured background levels plus actual
average 93-94 loadings from discharges. Nutrient loadiing in the main Wee is based on percentages of the
lake arm loadings that arc thought to reach the lake based on a l4dd-ca iluvAd Make nudent transport
model.
Figure 62 Schematic of Lake Wylie Showing Nutrient Loadings and Predicted
Chlorophyll -a Concentrations in the 4 Major Arms and the Mainstem of the Lake
Under the I99S Lakc Wylie Nutrient Management Strategy with Mt. Holly and Belmont
Expanded by 2.0 MOD
The project proposes that Belmont and Mt Holly would close their wastewater plants and their nutrient
allocations would be merged into the NPDES permit for the regional facility.
As noted in the TMDL, all industrial permits would be handled on a case by case basis and no nutrient allocation
was given in the document. Based on the NPDES permit for Clariant, it was determined that their permit had a
nitrogen allocation of 318.5 lbs/day and a phosphorus allocation of 40 Ibs/day. Charlotte Water negotiated an
agreement to purchase 90% of the nutrient allocation (287 Ibs/day nitrogen and 36 Ibs/day phosphorus) initially.
This would allow Clariant to continue to provide some level of sanitary sewer service to their industrial site and
continue with the groundwater remediation that has been ongoing for a number of years at the site.
Charlotte Water made a request for Speculative Limits from NC DEQ in 2013 for a new regional WWTP on Lake
Wylie based on the plan to consolidate the 3 three discharges/permits described above and to accommodate
the flows from the Charlotte Water Long Creek basin that are currently being pumped to the McAlpine Creek

a
WWTP. The speculative limits for the regional plant were proposed by NC. DEQ to meet the allocations within
the TMDL as noted in the Speculative Limit letter excerpt below (NC DEQ Speculative Limit letter attached).
Nun The nutrient loading for the three partner dischargers was con -Awned to
deterndne the total nutrient allocation for the proposed CMU Regional WWTP. The entire
allocation for Mount I-Iolly and. Belmont will lie included in the Regional facility. While the
Clariant facility has a total nitrogen UM allocation of 318.E lb/ day, only 90 % or 287 lb/ day
will be allocated to the CMU Regional WWTP. The same percentage of total phosphorus
(TP) -A-Z be allocated.; therefore 36 lb/day of total phosphorus of 40 lb/day will be allocated.
The nutrient limitations are consistent with the Lake Wylie nutrient TMDL allocations and
the come buted nutrient allocation for the three dischargers is below :
D' er
TN Allocation
TP Allocation
Basis
Mount Hoily
300 lb/day
50 W day
TMDL
Beinnont
350lb/day
581b/day
TMDL
Clariant
287Ib/day
36 ib/day
MdDL
BM
Total - -
937 P/dqy
144 lb/day
200,5U lb/summer
52,560 ear
I4 AV lb/winter
NC DEQ Letter, Tom Belnick, June 2013
Charlotte Water has completed the purchase of 90% of the nitrogen (287 Ibs) and phosphorus (36 Ibs)
allocations from the Clariant NPDES permit. Currently that allocation is stored in the Clariant permit but it is
being proposed to be transferred to the Belmont and Mt Holly permits temporarily since Clariant has ceased
most of its operations producing the wastewater volumes seen in the past years. With the addition of these
nutrient allocations to their permits, Belmont will be able to continue meeting the TMDL requirements and Mt
Holly will begin meeting them until such time as the Long Creek WWTP is constructed and their plants taken
offline.
The proposed permit modification language for Belmont and Mt Holly would also include language to address
the transfer of the nutrient allocation to the Long Creek Regional WWTP NPDES permit once the plant is
completed.
Schedule and Phasing of the Lone Creek Regional WWTP
The original master plan for the project indicated additional wastewater treatment capacity would be needed to
meet growth projections before 2016 but with the economic recession that schedule has been delayed. A
review of the current growth trends with the improved economy and wastewater flows and loadings at the
existing treatment plants indicates that the construction for the treatment plant will likely need to be initiated in
the next few years.

NAQ
Phase 1 of the Long Creek WWTP the plant will treat flows from the Charlotte system that currently flow
through the Long Creek Pump station and wastewater flows from Mt Holly. Wastewater flows from Belmont
will be pumped to the Paw Creek Pump station which will pump to the Irwin Creek WWTP. The Paw Creek
Pump station currently pumps to the McAlpine Creek WWTP but has the option of pumping some flow to the
Irwin Creek WWTP. Capital projects are currently underway for anew forcemain and gravity sewer line to move
the primary flow to the Irwin Creek WWTP. It is presumed that Phase 1 of the plant would be 12 mgd.
.nur �� co. _ unnwnua rn.
Q�
1 tG,
�aawu
J
1 tr in Creek
4t Sugar Creek WW}P
McAlpine Creek WVliP
ronn eo.. se
Phase 1
Condition
(Includes
reroutingflow
from McAlpine
to Irwin)
W WR ETfluent
3
Phase 2 of the Long Creek WWTP is a proposed expansion to 25 mgd with the timing of that expansion being
triggered by one of two scenarios. The first scenario is that more capacity is required to serve Mt Holly or to
serve areas which are upstream of the Long Creek WWTP (i.e. —the Long Creek basin) in Mecklenburg County.
Under this scenario the Long Creek WWTP would be expanded but no changes would be made to the collection
system layout.
The second scenario is that the Charlotte system downstream of the Long Creek WWTP, which could be either
the Paw Creek collection system and/or the Irwin or McAlpine WWTP, needs additional capacity. Under this
scenario the Paw Creek Pump Station force main would be rerouted up to the Long Creek WWTP as a part of the
plant expansion project.
The graphic below depicts this second scenario.

.-.
RECEIVEDINCDEQlDWR
JUN 2 4 2016
Water Quality
�� xpV3 Permitting Section
Phase 2
Condition
(reroutes flow
i from Paw Lihstatian to to
mnr `LongOreek
W WfP with
\ expansion)
4W „
Nv UttY Li j
(. ® kwin Cr¢k WWIP
` Sueer Creek MW
\� W WTP Effluent
A IACAlpine Creek 4vW}p
u.rox ca.
•c.4v CU.. AC
Proiect Status
CA�CAT rC It CO„ '.
As of May, 2016 the following key items have been completed:
1. Memorandums of Agreement approved and executed with City of Belmont and City of Mt Holly
(attached)
2. Purchase agreement for the treatment plant site and NPDES permit nutrient allocation completed with
ReVenture (Clariant Corporation) — (attached).
3. Record of Decision for the Environmental Impact Statement issued for the overall project including the
Long Creek Regional WWTP, Belmont Pump station and Force main, and Mt Holly Pump station and
Force main (attached).
Next steps for the project are:
1. The completion of the application and review for an NPDES permit, for which this report was created.
2. Completion of the detailed agreements with the City of Belmont and the City of Mt Holly.
3. The initiation of a Preliminary Engineering Report on the planning and design of the proposed facilities.
4. Completion of the NPDES permit modifications for Belmont and Mt Holly transferring the Clariant
nutrient allocation (Proposed modification language attached).

r]
Current
Condition
WWTP Effluent

Phase 1
Condition
(includes
rerouting flow
from McAlpine
to Irwin)
WWTP Effluent

}
Phase 2
Condition
(includes
rerouting flow
from McAlpine
to Irwin and
Paw Creek to
Long Creek)
WWTP Effluent

Attachment # 2

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A
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1*:T
r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder . John E. Skvarla, III
Governor Acting Director Secretary
June 28, 2013
Mr. Barry Shearin, Chief Engineer
Charlotte Mecklenburg Utilities
5100 Brookshire Blvd.
Charlotte, North Carolina 28216
Subject: Speculative Effluent Limits
Proposed CMU Regional WWTP
Mecklenburg County
Dear Mr. Shearin:
This letter is in response to your request for revised speculative effluent limits for the
proposed Charlotte Mecklenburg Utilities (CMU) Regional WWTP. Speculative limits in
September 2009 included the City of Mount Holly Wastewater Treatment Plant in
partnership with CMU for the proposed CMU Regional WWTP at the wasteflows of 17
MGD and 25 MGD. In January 2010, speculative limits included Mount Holly and Ciariant
WWTP in partnership for the proposed CMU Regional Plant at 17 MGD and 25 MGD.
This latest speculative limits request now includes the City of Belmont, the City of Mount Holly,
and Clariant as partners in the CMU Regional WWTP. Limits are requested for wasteflows of
12 MGD and 25 MGD. It should be understood by all entities that these speculative Emits are
only applicable if the nutrient allocations from Belmont, Mount Holly, and Ciariant axe
included in the proposed project. There is no capacity in Lake Wylie for a Charlotte
Mecklenburg Utilities discharge facility on its own, based on the EPA approved 1996 Lake
Wylie nutrient total maxunum daily load (TMDL) allocation. In addition, Mount Holly,
Belmont, and Clariant must all submit formal permit modifications to confirm the transfers of
flow and nutrient loading to the proposed CMU Regional WWTP. Please recognize that
speculative limits may change based on future water quality initiatives, and it is highly
recommended that the applicant verify the speculative limits with the Division's NPDES
Unit prior to any engineering design work.
Receiving Stream. Lake Wylie has a stream classification of WS-IV CA. Waters with this
designation are a source of drinking water supply, culinary or food processing purposes in
1617 Mail Service Center. Raleigh, North Carolina 27699-1617
lacahon: 512 N. SaDsbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www rtmaterauality am
An Equal Opportunit IAfiirmative Action Ember N'8"TjiliCarofina
p y Ovaturallry

Mr. Barry Sbearin
June 28, 2013
Page 2 of 5
addition to the standard uses for waters with a C. classification. This segment of the
Catawba River (Lake Wylie) is listed on the North Carolina 2012 Impaired Streams list for
low pH.
Based upon a review of information available from the North Carolina Natural Heritage
Program Online Map Viewer, there are not any Federally Listed threatened or endangered
aquatic species identified within a 5 mile radius of the discharge location. If there are any
identified threatened/endangered species, it is, recommended that the applicant discuss the
proposed project with the US Fish and Wildlife Service to determine whether the proposed
discharge night impact such species.
Speculative Limits. The speculative limits were developed based on Division staff
recommendation and consideration of the Lake Wylie TMDL allocation. Based on available
information, speculative effluent limits for the proposed discharge of 12 and 25 MGD to
Lake 'Wylie are presented in Tables 1 and 2. A complete evaluation of these limits and
monitoring requirements for metals and other toxicants will be addressed upon receipt of a
formal NPDFS permit application
CBOD5/NH3 Limits. The hmits for CBOD5 and NH3 are based on best professional
judgment for the protection of instream dissolved oxygen through the assignment of tertiary
treatment limits. The CBOD limits of 4.2 mg/L in the summer and 8.3 mg/L in the winter
are effectively equivalent to BOD5 limits of 5 mg/L (summer) and 10 mg/L (winter). The
year-round NH3 limit of 1 mg/L is assigned based on instream protection against ammonia r"�
toxicity. .
Dissolved Oxy&en. The dissolved oxygen (D.O.) effluent limit of 7 mg/L was based on the
mina um D.O. level used as model input to predict acceptable downstream D.O. levels.
Nutrients. The nutrient loading for the three partner dischargers was combined to
determine the total nutrient allocation for the proposed CMU Regional WWTP. The entire
allocation for Mount Holly and Belmont will. be included in the Regional facility. While the
Clariant facility has a total nitrogen (TN) allocation of 318.5 lb/day, only 90 % or 287 lb/day
will be allocated to the CMU Regional WWTP. The same percentage of total phosphorus
(TP) will be allocated; therefore 36 lb/day of total phosphorus of 40. lb/ day will be allocated.
The nutrient limitations are consistent with the Lake Wylie nutrient TMDL allocations and
the contributed nutrient allocation for the three dischargers is below:
Dischar er
TN Allocation
TP Allocation
Basis
MountHolly
300 lb/daylb/day
50 lb/ day
TMDL
Belmont
350 lb/da
58 lb/day
TMDL
Clariant
287lb/ day
361b/day
T�L'I BAT
Total -- _
9371b/ffia
y
1441b/da
200,518 lb/summer
52,560 lb/year
1.41,487 lb/winter

Mr. Barry Shearin
June 28, 2013
Page 3 of 5
TABLE 1. Speculative Limits for CMU Regional WW"T, Proposed flow of 12.0 MGD
tl, ' t •-••::'•". {. .••••.11.
L�X1et1tC aracter ie '=•:•t::i,:::': t':r
t y:..•.
•'t •: 'LL 'i.' ,� •; •: y .•titi.•.i �'•iw:, ' i. •�'.','Lt •�1 •,•w,•.5. :'•. �� y:
. .�• . , ....'•••:.;;�..�t�•=�':.:�:. �•:.�;;:•:.::.:^,.•
i .i,5.;�t:•:: . .' . ..1 .••••y' �j�T�
�i.'' '; y.'t iti4 •k- •:t.:ti::ti: ++zti4e
y •�•''�'• j,.•�
t Wi�LLtaLLons 'y. t .
{
•. �t:r::kt .. (..��..�� �� 't . �y..
Averae°� :�:;.:�' ...
` ,UIt'e' `•
' 1..: �:. �4 •�
��ti::Mera'•e'`'°t' ..
• •
Dail
• "Maxunum
Flow
12.0 MGD
CBOD5, Summer
4.2 m /L
6.3 m /L
CBOD5, Winter
8.3 m /L
12.5 m /L
•TSS
30 m /L
45 m /L
NH3 as
1.0m /L
3.0m /L
Dissolved Oxygen
mtnjmp
7.0 mg/L
Total Residual Chlorine
17 u /L
Fecal coliforrn (geometric
mean
200/100 mL
400/100 mL
Total Nitrogen (summer)1
200,518
lbs/summer
Total Nitrogen winter 1
141,487 Ibs/winter
Total Phos horus2
52,560 Ibs/ ear
Chronic Toxicity
Pass/Fail(Quarterly test
90°%
1 • i ne total nitrogen limit ],S equivalent to a 9.4 mg/ L annual average.
2. The total phosphorus limit is equivalent to a 1.4 mg/L annual average.
lti
TABLE 2. Speculative Limits for CMU Regional WWTP, Proposed flow of 25.0 MGD
�'�at•T•!'�!'y�+�•,iati.I. Jt­1.• •. ; •i.. •. •,....��
U. y, . yy.,• :.L:.4 �y.!! M1•::a.';•t"•^•.•4.:y:.;,L7:�.:
• ::ty �'•. Sa �, • • tti• ': L'y tS,L ., :t•; .., ��, ,t.
. .:.��:.•:;:;L•y.•• •��••.L•{�i1:'t':.i.i ti. t:��;:.
• ..t•: Li'y '.
..; .... ..: • . • . •.: �,,. ~:
.. „• ,:: t. ,. •�: :, 1:; •.•: 1.. s. .. •.!• •.
tiA.rti: .:J: •:' •• ..:.Si.�•.�:...:i�i�wi
.:i ..:. •• .,.•• .y,., ..yN..... ,L:
L •t1 .. •. L. L. :.
<i. iJita;{.aV147 'L
•• '•
.
•t,
;1oifi%Y:,�.uera
.. i.,..ti.tL•••Y,. ;:. s�.'t�:. .L .,l.�,'
�L •:.:•: w, •.. .• .•,t• • :•:S.y�•.i�/q ♦:..t • .•L
,.:::, :z;, • ;: :t• .:i .. • •
. •
:.it;• .tilt V
t. t:titi'S •
.•Avera e '
• .h
DaY1 Y
,Maximum
Flow
25.0 MGD
CB0D5, Summer
4.2 m /L
6.3 na /L
CBOD5, Winter
8.3 m /L
12.5 m /L
TSS
30 m /L
45 m /L
NH3 as N
1.0 m /L
3.0 m /L '
-
Dissolved Oxygen
minimum,
7.0 mg/L
Total Residual Chlorine
17 u /L
Fecal conform (geometric
mean
200/100 mL
400/100 mL
-
Total Nitrogen (summer)1
200,518
Tbs/summer
Total Nitrogen winter 1
141,487lbs/winter
Total Fhosphorus2
52,560 lbs/ ear
Chronic Toxicity
Pass/Fail(Quarterly test
w. ••t.y 1
90°%
I. I ne zouu nitrogen unit xs equivalenf to a 4.5 mg/ L annual average.
''ee#sspl��at-is--eeq�#o-a

W. Barry Shearin
June 28, 2013
Page 4 of 5
Monitoring in Lake 'Wylie will also be required to ensure that the water quality model
predictions were accurate, and to ensure the discharge does not create adverse conditions in
the Lake in the future. CMU will be required to monitor upstream and downstream of the
outfall. The following parameters should be included in sampling. dissolved oxygen,
temperature, conductivity, pH, total phosphorus, total nitrogen and chlorophyll a. Instream
monitoring will be required three times per week during the months of June, July, August
and September and once per week during the rest of the year.
Engineering Alternatives Anal sis (E". Please note that the Division cannot guarantee
that an NPDES permit for discharge of up to 25.0 MGD will be issued with these speculative
limits. Final decisions can only be made after the Division receives and evaluates a formal
permit application for the proposed discharge. In accordance with the North Carolina
General Statutes, the practicable wastewater treatment and disposal alternative with the
least adverse impact on the environment is required to be implemented.
Therefore, as a component of all NPDES permit applications for new or expanding flow, a
detailed engineering alternatives analysis (EAA) must be prepared. The EAA must justify
requested flows, and provide an analysis of potential wastewater treatment alternatives.
Alternatives to a surface water discharge, such as a spray/drip irrigation or wastewater
reuse are considered to be environmentally preferable. A copy of the EAA. requirements is
attached to this letter. Permit applications for new or expanding flow will be returned if all
EAA requirements are not adequately addressed.
State Environmental Egli , Act SEPA) EA/EIS Requirements. A SEPA EA/EIS document
must be prepared for all projects that: 1) need a permit; 2) use public money or affect public
lands, and 3) might have a potential to significantly impact the environment. For new
wastewater discharges, significant impact is defined as a proposed discharge of >500,000
gpd or producing an instream waste concentration of > 33% based on summer 7Q10
streamflow conditions. Since CMU's facility is proposing a discharge of >500,000 gpd flow,
the CMU facility must prepare a SEPA document that evaluates the potential for impacting
the quality of the environment: The NPDES Unit will not accept an NPDES permit
application for the proposed discharge until the Division has approved the SEPA
document and sent a Finding of No Significant hnpact (FONSI) to the State
Clearinghouse for review and comment.
A SEPA Environmental Assessment (EA) should contain a clear justification for the
proposed project. If the SEPA EA demonstrates that the project may result in a significant
adverse effect on the quality of the environment, you must then prepare a SEPA EIS
(Environmental Impact Statement). Since your proposed discharge is subject to SEPA, the
EAA requirements discussed above will need to be folded into the SEPA document. The
SEPA process will be delayed if all EAA requirements are not adequately addressed. If you
have any questions regarding SEPA EA/EIS requirements, please contact Hannah Headrick
with the DWQ Planning Branch at (919) 807-643C

Mr. Barry Shearin
June 28, 2013
Page 5 of 5
Should you have any questions about these speculative limits or NPDES permitting
(071 P g
requirements, please feel free to contact Jackie Nowell at (919) 807- 6386.
Respectfully,
+omeixuck
Supervisor, Complex Permitting Unit
Attachment: EAA Guidance Document
Hardcopy:
Central Files
NPDES Permit File
Barry Gullet CMUD Director 5100 Brookshire Blvd. Charlotte NC 28216
Brent M. Reuss/ Black & Veatch 8520 Cliff Cameron Drive Suite 210 Charlotte, N.C. 28269
JeffDebessonet/SCDHEC 2600 Bull Sheet Cokmb4S.C.29201
Electronic Copy:
NC WRC, inland Fisheries, shannon.deaton®ncwildhfe.org
�1 US Fish and Wildlife Service, Sara�[e-mail]
�•- DWQ/SWPS Mooresville Regional Office
DWQ/SEPA, Hannah Headrick
DWQ/Modeling TMDL Unit, Kathy Stecker
DWQ/Basinwide Planning, Jeff Manning
NPDES Server>Specs

Attachment # 3

O
Q � Mount Holly WWTP Parcel
I Long Creek PS Parcel
Jy`J %ti•.\ � Belmont WWTP Parcel
(v•��rA, `1 Q Paw Creek PS Parcel
M ,
i1y
Utilities Property
JExisting Facilities
Proposed Facilities
IJ —• Proposed Pipes
�..� Waterbodies
- Streams
c
i _ Tr�buli)E>l�lr6
(if
\1.
-- f
'•�j r J Or +,', Q o
1 11 �• r�I .��A 1C.°.,�
i
0 1.1(0 1. R.,
0 5J 1.M A's'sei
A%Uwk BLACK&VEATCH Figure 5.1Of �I J C�rdno
A. SWIS 9aw9rld91diee1e99e. Alternative 2: Proposed Long Creek WWTP ENTRDC
I 8620 C88C .em CMr0. Saito 210 6WOC'm.0 A612
va. Sul.GU3
Cher 1te, w�
NC28269 and Belmont to Paw Creek PS Forcemain egl.t8:22
CTU)6 6-8461 Streams M (919)2Ae WJ.(919)2M913
nxw.am�i..mm

Attachment # 4

ORIG
PURCHASE AND SALE AGREEMLPIT
INAL
This PURCHASE AND SALE AGREEMENT (this "Agreement") is made and
executed by and between REVENTURE PARK INVESTMENTS Y, LLC, a North Carolina
limited liability company (hereinafter "ReVenture"), CLARIANT CORPORATION, a New
York corporation (hereinafter "Clariant") and CITY OF CHARLOTTE, a municipal
corporation (hereinafter "Buyer" or the "CiW).
WHEREAS, ReVenture is the owner of approximately 248.9533 acres of real property in
Mecklenburg County, North Carolina, as described on Exhibit A ("ReVenture property).
WHEREAS, Clariant is the owner of approximately 351.817 acres of real property in
Mecklenburg County, North Carolina, as described on Exhibit A ("Clariant Property").
WHEREAS, (1) ReVenture desires to sell to Buyer, and Buyer desires to buy from
ReVenture: (i) that portion of the ReVenture Property that is designated as "Tract A" on Exhibit
B (such portion of the ReVenture Property is referred to as "Tract A"); (ii) that portion of the
. ReVenture Property that is designated as "Tract B" on Exhibit B (such portion of the ReVenture
Property is referred to as *"Tract B"); and (2) Clariant (or ReVeniure as the successor in title to
Clariant) desires to sell to Buyer, and Bayer desires to buy from Clariant (or ReVenture as the
successor fn title to Clariant), that portion of the Clariant Property that is designated as "Tract C"
on Exhibit B (such portion of the Clariant Property is referred to as "Tract C) (Tract A, Tract
B and Tract C are collectively referred to as the "Property").
WHEREAS, as part of its waste water treatment operations, Buyer operates the Long
Creek Pump Station (the"Pump Pump Station") located on Tract A; and
WHEREAS, Buyer desires to purchase the Property for the continued protection and
operation of the Pump Station as well as for construction and operation of a nevi regional waste
water facility (the "City Project") to serve the citizens of Mecklenburg County and surrounding
areas.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the parties hereby agree as follows:
1. � LAND SALE AND PURCHASE:
(a) As of the Effective Date (as defined in Section 31(f)), Clariant is the owner of
Tract C. Prior to Closing, Clariant may transfer Tract C to ReVenture. If Tract C is
transferred to ReVenture, then ReVenture shall convey all'of the Property to Buyer at Closing.
If Tract C is not transferred to ReVentge, then ReVenture shall convey Tract A and Tract B'
to Buyer at Closing, and Clariant shall convey Tract C to Buyer at Closing. Accordingly, the
term "Seller" means ReVenture as to Tract A and Tract B, and Clamant as to Tract C, except
that if Tract C is transferred to ReVenture, then "Seller" means ReVenture as to all of the
Property.
(b) Seller agrees to sell and Buyer agrees to purchase -the Property under the terms
. and conditions hereinafter set forth. .
PPAD 20249074

2. T ': The property consists of approximately 181.252 acres, and comprises all
PROPER p
eels 053-05 l -03, 053-061-17 and 453
The Property -281-05, anda portion of tax. parcel 053 lion � •
of tax par
e Pro a is more, fully described on the Recombination Plat (as defined in Sec ,
attached h
ereto as Exhibit �$ and a Legal description derived from the Recombination Plat
attached hereto as Exhibit C• .
EARNEST MONEY DEPOSIT: within three (3) business days after the Effectivate
3• 200 South Tr on Street, Suite,
Buyer shall deliver to Chicago Title Insurance Company, Y
o
(s g
Charlotte, NC 28202 (" Escrow Agent") the sum of $265,732 .
00 as an earnest money dep
uch sum to ether with any interest earned thereon, is the "Deposit"). Escrow Agent shalllderal hold
the Deposit in an interest bearing account with a financial institution insured ,bY accordance .
he Fe
Deposit Insurance Corporation. Escrow Agent shall hold and disburse the D ph D osit will
with the terms of this Contract, including the terms on Exhibit D. At Closing,
be applied against the Purchase Price.
4. PURCHASE PRICE:
The total purchase price for the Property is $ 6,579,700.00 as
determined pursuant to the schedule (and related map) attached as Exhibit E {"Purchase
Price'). The Purchase Price shall be paid in cash by wire transfer at Closing.
5. CLOsl—N
a Seller and Buyer agree that., subject to the terns of this Agreement, the closing
of the Property shad be held at a time and place in Charlotte, North Carolina as in
by
the "Closing') At Closing, Buyer, in addition
Buyer and Seller, on June 4, 2013 (hereinafter, •
to an and all other items required by the terms hereof, shall deliver to Seller the following
Y i
items: the Purchase Price; a closing statement; and any additional documents reasonablya n
customarily required by the Title Company (as defined. herein) for the proper consummation
of the transaction. At Closing, Seller, in addition to any and all other items required by the
terms hereof, shall deliver to Buyer the following items: -the Special warranty Deed ("Deed")
as provided for herein; a lien waiver affidavit (but only as to work performed at the direction _
of Seller}; a cet ficaiibn as to applicable rep_reseatations and warranties as require by.
Section 18; and any and all additional documents reasonably and customarily required by the
Title Company for the proper consummation of this transaction.
(} pb Each • arty shall bear the costs of this transaction as follows: Buyer shall pay
for: (i) any escrow fee of the Escrow Agent and Title Company; (i) Buyer's attorneynd;.
(iii) the premium for the issuance of the Owner's Title Insurance Policy, (iv) any a
inspection costs described in Section 9 hereof; (v) the cost of the Recombination Plat and any
Survey (as defined in Section 10); and (vi) the recording fees for the Deed. Seller shall pay
for: (i} any transfer taxes and/or documentary stamps, if any, (u) the preparation of th
and all other closing documents reasonably •and customarily required by the Title Company to
property transfer title to the Property, and (iii) Sellers attorneys fees. _
(c) At Closing, Buyer shall pay ReVenture, in addition to the Purchase Price, the
sum of $265,732.00 {"Use Payment"),representing payment for Buyers pre -Closing use of
that portion of Tract A where the Pump Station is located. if this Agreement terminates and
ReVenture is entitled to retain the Use Payment pursuant to the terms of this Agreement, then
2
pPae 202490747

r
the retention of the -Use Payment by ReVenture imposes no obligations whatsoever on
ReVenture to lease the Property to Buyer after the date of such termination, and Buyer
acknowledges that the Use Payment represents payment to -ReVenture for Buyer's pre -
termination use of such portion of the Property.
6. DUE DILIGENCE PERIOD: The period beginning in the Effective Date and ending on
May 31, 2013 is refereed to as the "Due Diligence Period"}.
7. RECOMBINATION PLAT: Buyer, at Buyer's expense, has obtained a recombination
plat (the "Recombination Plat"} for the property, made by a surveyor duly licensed in the state
of North Carolina, a copy of which is attached hereto as Exhibit B. The legal description of the
Property to be attached to the Special Warranty Deed is attached as Exhibit C. Seller shall have
no obligation to convey the Properly until the Recombination Plat` has been approved byall
l
applicable governmental authorities, and has been recorded in the Office of the Mecklenburg
County Register of Deeds ("Registry"). The Recombination Plat shall not be recorded until
Closing.
_ 8. 'TITLE TITLE POLICY AND .REMEDIES: Either before or -promptly following the
date of full execution of this Agreement, Seller shall provide Buyer with copies of any title
survey documents in its possession which pertain to the Propeoe
burin the Due Diligence
Property. During
Period, and without imposing any obligath" on Seller, Buyer shall have the right to obtain, at
Buyer's expense, an Owner's Title Policy Commitment dated after. the F fective Date (herein the
"Title Commitment') and issued by such title insurer of national recognition as Buyer shall
select (the "Title Company"}) together with complete and legible copies of all exceptions s
et
forth herein, showing good and marketable title to the property (including any and all easement
rights owned by Seller relating to the Property} vested in Seller, free and clear of all liens, leases,
restrictions, charms, easements, public rights -of -way, encroachments, reservations, or other
�
matters or encumbrances, except those listed on Exhibit attached hereto and incorporated
herein by reference (herein called the "Permitted Encumbrances ), wlrrch shall not b
considered to be title defects. Without imposing any obligation on Seller,said policy of the Title
st mechanics or materialinen s liens-, have frill survey
Company shall provide full coverage again
coverage and shall contain such other special endorsements as Buyers counsel may reasonably
require.
9; INSPECTIONS: Prior to Closing, Seller grants unto Buyer, and/or its agents, employees
or contractors as determined by Buyer) full permission and license to enter upon_ the
and/ {
Property for the purposes of inspection and the performance of any: and all tests or studies
geo
ical
including, but not limited to, feasibility studies, environmental studies and f c ner forests
sts
(collectively, the cluspections"), in order to assure the Property is suitable -
to
intended use. Buyer agrees to indemnify and hold Seller harmless from y and all loss,
liability, claims and damages arising out of the exercise of Buyer's rights under this Section 9
which indemnity shall survive the Closing of the Property and termination of this Agreement.
whi tY repair all material damage to
Immediately upon the completion of the Inspections, Buyer shall (t) p
the Property caused by Buyer's inspections, unless caused • by the negligence or willful
misconduct of Seller, its agents, employees ar contractors, and (u) provide Seller with a copy
Of
any and all reports, conclusions, or sumrmanes resulting from any inspections performed by
Buyer and/or its agents, employees or contractors on the Property. Buyer agrees that it shall
3
PPns 20249070

keepconfidential all information, findings and data which are developed by soil borings and tests
to determine the hydrocarbon and hazardous substance or chemical content of the soil, and that '
same shall not be disclosed to any third party except as required by federal, state and Local laws,
rules and regulations (including, without limitation, public records laws), or as may be necessary
for Buyer to disclose to .lenders and/or other third parties reasonably necessary for Buyer's
completion of the purchase contemplated by this Agreement. Buyers obligations under
this
Section 9 shall survive Closing and the termination of this Agreement.
10. BUYER'S oBJS:
(a) On or before May 28, 2013, Buyer shall inform Seller, in writing, of any
objections it may have to any survey of the Property obtained by Buyer ("Survey") or the _.
Title Commitment (hereinafter, the "Objections"). 'within ten (10) days after Buyer delivers s
its notice of Objections to Seller Seller may deliver notice to Buyer of Seller's election to
attempt to cure or not attempt to cure each Objection t"Objection Response"). If Seller failo i
to respond to any Objection within that ten (10) day period, then Seller shall be deers
ed have elected not to attempt to cure that Objection. Seller shall have the right, but not the
obligation, to attempt to cure any Objections, at Seller's sole cost and expense, within twenty
{20) days after receipt of Buyer's notice of Objections (hereinafter, the "Cure Period'��and, if
necessary, the Closing Date shall automatically be extended until the end of the Cure Period.
(b) If Seller refuses, or is unable, to cure the objections within the Cure Period,
Buyer shall have the option, as its sole remedy, to either (i) waive the Objections. and close
this transaction subject to the Objections, with no reduction in thatthe Purchase Pace they f• �
except for reductions in the Purchase Price for Objections voluntarily created by Seller
can be cured by payment of a stated fixed amount such as a lien (to the extent the lien arises
from work performed at the direction of Seller) or deed of trust or (H) terminate this
Agreement, in which latter event the Deposit, less the Use Payment (which shall be retained
by Seller), shall be returned to Buyer, this Agreement 'shall be void and neither Buyer nor
Seller shall have any further rights, liabilities or obligations hereunder, except those that
expressly survive the termination of this Agreement. If Seller elects (or is deemed to have --
elected) not to attempt a cure under Section 10(a), then Buyer must give notice to Seller
within (and, if necessary, the Closing Date shall automatically be extended until) ten (10) days
after the first to occur of (1) receipt of Seller's Objection Response or (2) the expiration of the
ten (10) day period in which Seller may delivei the Objection Response, as to whether Buyer
elects () or (H) in this Section 10(b). Further, if Seller elects to cure, but fails to cure by the
end of the Cure Period, then Buyer roust give notice to Seller within (and, if necessary, the
Closing Date shah automatically be extended until) ten (10) days after the end of the Cure
Period as to whether Buyer elects (t) or (i) in this Section 10(b). If Buyer fails to make its
election (under either of the two preceding sentences) within the applicable ten (10) day
period, then Buyer shall be deemed to have chosen {i) in this Section 10(b). '
(c) Notwithstanding anything herein to the contrary, with respect to Objections to
• Seller's title (other than Permitted Encumbrances or items arising out of Buyer's acts or
omissions) which first arise, occur or appear of record •after the effective date of the Title
Commitment, Buyer may raise such Objections at any time prior to Closing. The Closing
shall be postponed for so long as necessary for the Objections to be cleared to the reasonable
4
PPA82M490707

f"m*1
satisfaction of Buyer and the Title Company; provided, however, if said Objections are not
cleared within. a period of fifteen (15) days after the Closing Date, Buyer may, as its sole
remedy, choose either (i) or (ii) in Section 10(b) above by delivering written notice to Seller
• within ten (10) days after the end of that fifteen (15) day period. If Buyer fails to make its
election within that ten (10) day period, then Buyer shall be deemed to have chosen (i) in
Section 10(b).
11. SPECIAL COVENANTS OF BUYER; REVENTURE AND Ci"ANT:
Buyer, ReVenture and Clariant (as applicable) make the following special covenants,
agreeing to be bound, each to the other.
(a) NPDES Permit. ReVenture has executed a lease and/or option to lease, and a
purchase agreement, concerning an adjacent parcel to the Property, which parcel is owned by
Clamant and described on Exhibit G (hereinafter the "Clariant Trace). The Clariant Tract is
a biownfield site on which is located a currently operating wastewater treatment facility (the
"Clariant Plant") that is currently permitted to discharge to the Catawba River pursuant to
NPDES Permit No. NC0004735 (the "NPDES Permit") issued by the North Carolina
Department of Environment and Natural Resources ("DENR")• In anticipation of this
Agreement, Clariant requested and was granted a permit modification in 2011 that prescribes
(and Clariant intends to seek a further permit modification in 2013 that will prescribe)
conditions for transfer of 90% of Clariant's permitted Nitrogen and Phosphorus allocations
("Nutrient Transfer*) to the Buyer and/or others, as provided in the NDPES Permit. On or
prior to the date of this Nutrient Transfer, Clatiant and/or ReVenture will have taken actions
to limit the quantity and type of wastewaters treated such that it can comply with the reduced
nutrient allocations. -Prior to the Nutrient Transfer, Clariant and/or Re�Venture intends to have
made necessary provisions including any facility and permit modifications required by DENR
to allow the Clariant Plant () to treat and discharge contaminated ground water from the
Clariant Tract to the Catawba River, (ii) to treat as necessary and discharge storm water from
the Clariant Tract to the Catawba River; and (iii) to treat and discharge other miscellaneous
water generated by operations 'on the Clamant Tract; provided 'that nothing shall prevent
Clariant or ReVenture from implementing alternative measures for the proper collection and
treatment of the ground water, storm water, and miscellaneous water. In the event that there
are discharges from operations on the Clariant Tract that (1) would cause the Clariant Plant to
exceed the then permitted discharge of nitrogen and/or phosphorus to the Catawba River, or
(2) otherwise cannot be treated and discharged by the Clariant Plant under the NPDES Permit
(the "Additional Discharges"), Clariant and/or ReVenture agrees to apply to Buyer for waste
water service to handle the Additional Discharges, and Buyer agrees to accept such
application and to provide such service in accordance with applicable law, policies,
regulations and/or ordinances of the Buyer as the same may then exist or may be subsequently
revised. Nothing in this provision may be construed to create a continuing obligation that
would extend beyond the fulfillment of each patty's obligations under this Section 11(a). This
Section'11.(a) shall survive Closing.
(b) Nutrient Allocation.
5
PPAS 2024907v7

(i) Simultaneously with the Closing of the Property, Buyer shall purchase
from ReVenture 90% of the permitted Nitrogen and Phosphorous allocations in thePDE Nutrient
Permit (286.65 lbs/day Nitrogen and 36 lbs/day Phosphorus) (the 190 for the 90%
shall a
Allocation"). At Closing, Buyer pay RMnture the price of $5,850,00
0.00 Nutrient Allocation (the "90% Nutrient Allocation Purchase Price").
(ii) After (A) Buyer has paid the 90%*Nutrient Allocation Purchase Price,
Buyer delivers to ReVenture a written notice requesting the 90% Nutrient Allocation
�) be made and (G� testing under the NDPES Permit has confirmed that, for four
transfer
consecutive months, the Clariant Plant has complied with its new nutrient limits that would
be effective after the Nutrient Transfer ReVenture at its oven expense, shall provide DENR
with a written notification as prescribed in the NPDES PermBelit authorizing transfer the City
of Mt Holly, the City of mont and/or Buyer's NPDES permits of the 90 /o Nutrient ;
Allocation as provided in the NPDES Permits for Claria it, Mt Holly, Belmont and/or Buyer.
The City shall also have the right of first refusal to purchase Pl he ;
remaining 10% of the nutrient allocations in the NPDES Permit for Six Hundredand �y
Thousand and Nol104 Dollars ($650,000.00), at whatever time that ReVenture, in its sole
discretion, elects to sell such remaining •10% allocation,
(iv) Until such time that the Nutrient Allocation is •formally transferred
-from ReVenture and/or Clariant by DENR, ReVenture and Clamant shall use their
commercially reasonable efforts to maintain the nutrient allocation reflected in the current i
NPDES Permit.
(v) If Clariant and not ReVenture, is the NPDES Permit holder at the time
of tlae Closing of the sate of the Property and/or the nutrient allocation transfers identified
above, then Clariant shall (A) receive the 90% Nutrient Allocation Purchase Price from the
City at the Closing and (B) meet the transfer obligations of ReVe4ture under this Section
11(b), as the case may be.
'- (vi) This Section 11(b) shall survive Closing.
(c) Renewable Ever Credits. Buyer acknowledges that the Property has been
conditionally designated as a Cleanfields Renewable Energy Demonstration Park
("Cleanffelds Park!) by.the North Carolina Secretary of State pursuant to Session Law 2010-
195, an Act to Authorize the Establishment of Cleanfields Renewable Energy Demonstration
Park in the State ("C%anfields Acf'). Buyer agrees to cooperate and take such actions, if
any, as are necessary to ensure. that the Property remains designated as a Cleanfield� Pdark.
ReVenture shall be solely entitled to any additional renewable energy credits author y
Section 4 of the Cleanfields Act (" "Css% together with any other environmental benefits, -
credits or attributes arising from the designation of the Property as a Cleanfields Park. Buyer
shall take such actions and execute such documents as may reasonably be required to confine
ReVenture's entitlement and/or title to sucb additional RECs and any other environmental
benefits, credits or attributes. This Section 11(c) shall survive Closing.
(d) Access Easement.
6
pros 2024N7v7

' shall grant to Buyer a temporary access easement
� Cl) At Closing, Clariant shown as "Access .
Access Easemenf') over and across the existing roadway
and delivering to
(`Temporary Access Easement Aaca"} by ex g
ad" on Ex� I C"Temporary t atE~ached as Exhibit J. The 'Temporary
Ro Agreement
Buyer the Temporary Access Easement Ag earlier to occur of: (a) the date on which a bridge
Easement shall be effective until the B and/or Tract C C`Bridge! is
Access E 1 201 g (the
Lon Creek that connects Tract A with 'Tract e. and (b) Sanuary
over g Buyer shall
stall complete such that vehicles can cross the Bridge;
Buy , substantially • on b is the "flutside Termination •oafs" a instruction
date set forth in this subsection () emits for
commercially reasonable efforts to obtain all e (COIlectively. "Permits") as
exercise applicable governmental au complete
of the Bridge from the app sin and, after such permits are obtained,
promptly as possible after Closing
vction of Bridge by the Outside Termination Date.
tonsil
• Termination bate, Buyer has exercised those best
(ti) If as of outside n of
obtained due to the final and absolute rej Bridge)
of texts, but ctio
the Permits have been not been and the
Permits by #lae applicable governmental au� °as successor in title to
one or more of such a fete, then Clariant (or ReVent agree upon
therefore, is not substantially comp exercise commercially reasonable efforts to
provides
the Clariant Tract) and Buyer steal greemenf) p
easement agreement ("Pe�rntanenf Easement, A„ to
e form of an a public ri ht-of--way over the Clariant Tract andEasement
from a pub g
permanent access over a roadway ernenf A�cea"). The ferns of that Permanent Basement
p `Permanent Access Ras ora Access Easement Ag-
the Property Cin the fo�.�n of the Temporary compensation
,Agreement shall be substantially vide for (a) a permanent easement, and (b)e value of the
�1 attached as Exhibit 3, but shall pro
�— as successor in title to the Clariant Tract) cress Easement Area
to CWa►t (or ReVentu a to Buyer. The location of the Permanent ens Area, provided,
permanent easement gran oiar Access Eas may Cl)
all be substantially the location of the Tame to the Clariant Tract, ROVenture) prior
as the successor inArea
however, that Clariant (or, onion of the permanent Access Easement entering into . .
designate a new location for all or any p Bement; and (2) at any time after
to entering into the Permanent Easement Agreement;
all or -any portion of the Permanent Access
Bement,. jela
the Permanent Easement Agr.._ ' • the successor in title �o the Clariant Traen�
Easement Arm N Clariant (or Real ensure r all or any portion °f teethe Clariant .
' Hates a new location for, or elects to re as the successor in title to
designates
then Clariant (or ReVellture
Access Easement Area, new locations of the Permanent Access Easemt that
Tract) shall construct a road within al to the condition of the road then exis a Permanent
that is of a condition at least equ removed from
• Permanent Access Easement Area that is the
nroad in the Permanent Access
portion of the . • use of ih Uri awed
Prior to commencing
Access Easement Area. a an unpaved .portion of that road (even
to plans
Easement Area, Buyer shall pave y
as art of the Temporary Access Easement Area pursuant
_ portion of goad was used p sure as successor in title to the Clariant Tract).
approved by Clariant (or ReVen
This Section 11(d) shall survive Closing.
C)
e batentionally Deleted. reserve for the
C) $suer shall res
At Closing,
g.,nvironmental Monitorin •'Basement.Xclusive perpetual easement over, under
benefit of .Seller, its
successors and assigns
PPAS20249070

and through Property for the purposes
of ingress, egress and regress to conduct such soil, �
ace water sampling and other response, removal, reined btime to
sediment, groundwater, and
surfa as �y be requued from time
to monitoring activities on, in and ander the Property as m The easement shall provide that:
ti) Buyer, including its representatives,
coin 1 with applicable law (the perxru#ed Acbiv�. )
p y agents, conlxactoxs and
' right #o be present during and to observe all of Seller's
subcontractors, shall have the rtg
activities at the Property under this Agreement.
• .. a Bu er .with written notice at
business days in advance of each entry least three (3}
(u) Seller shall provide
a the Property to conduct the Permutted Activities
• 1 good faith efforts to work cooperatively in times an
Seller and Buyer shall use
methods for each entry.
• "' Seller and its representatives, agents, contractors and/or subcontractors
(u'} good and workmanlike manner, and in. a
shall conduct the Permitted. Activities in a prompt, g Seller
• ill not unreasonably interfere with Buyers activities at the PropertY.
permitted _•.- _ �
manner that w dance m canying out. _
shall complywi#h all applicable taws, regclations and guy
Activities.
At the conclusion of the Permitted Activities, Seller shall restore, eS
1
(lv) ,
Property to the same condition as it was in irrunediately preceding the Permitted A
thereto as reasonably practicable. Seller shall, at its sole cost and Pexpense,
F
or as close by the
from the Property and be responsible for (1) waste generated connection with this
remove onto the Property in corm
Activities, and (2) all equipment broughtProperty material or waste
- Agreements Seller shall not treat, dispose or release on the Prop y any
permitted Act}vi#ies. In addition, no material or waste shall be stored at the
generated by the
property after the conclusion of the Permitted Activities.
,S CONDITIONS TO a�EOSING: Buyer's obligation to close on the Property's _
12' BUYER "Bu er's Conditions Precedenf): ,
specifically contingent upon the following { Y
All representations and warranties of Seller set fo•th in this Agreement are true
{a) p .
and correct in all material respects as of the date of Closing.
other than those
All deeds of trust, liens and other charges against the Property b n subject se
} that are due and payable have ee 3 J
arising out of the acts or omissions of Buyer)
to
y Buyer the payment b of any prorated share of such charges as required by this Agreement,
paid and cancelled by Seller at or prior to Closing.
(c) Title
is delivered at Closing by special warranty deed and must be fee simple
itted
marketable title subject only to ad valorem taxes for the current year and the Perm
Encumbrances.
Neither Seller nor any agent of Seller shall have received any notices
erm any
or
(d) other than Buyer) of any taldng of P tY
city, county or any governmental authority
thereof eminent domain or similar proceeding, and no such taking or other
any portion ,.by
8
PPAB 2024"747 ,

--- onion thereof, shalt be threatened or contemplated by
condemnation of the property, or any p
any such governmental authority (other than Buyer).
agent
• e event one or more of Buyer's Conditions Precedent are not met, or itbecomesapparent a the
In th
that Bu er's Conditions Precedent will not be met, on or before Closing, Buyer this Agreement oi•
y
option, exercised by giving written notice to Seller, of either (r) terminating
p • 'on„ If this Agreement is terminated by Buyer pursuant to this Section,
(ii) waiving such conditr shall be returned to Buyer,
the Deposit, less the Use Payment (which shall be retained by SeiiVe f irther rights, liabilities
p
this Agreement shall be void and neither Buyer nag Seller shall
he temaination of this Agreement.
or obligations hereunder, except thoseof any condition that expresslyt forth in this Section) s Agreement
In the event. of the waiver by Buyer s to all other terms and conditions.
shall continue in full force and effect a
TIOI�S TO CLOSING-. Seller's obligation to close on the Property is
l3, SELL S CONDI
contingent upon the following ("Seller's Con"ioxis Precedent!):
specifically g
and warranties of Buyer set forth in this Agreement are tn�ue
(a) All representations
and correct in all. material respects as of the date of Closing.
()
b The Recombination Plat has been recorded in the Registry.
Seller's Conditions Precedent are not met, or it becomes apparent
In #lie event one or more ofSeller shall have the
Ilex's Conditions Precedent will not be rnet, on or before Closing,terminating this Agreement or
that Se er, of either (i} term S
_ option, exercised by giving written notice to Buy Pursuant to this Section,
• • aivin such condition. if this Agreement is terminated by SehSeller shall be returned to
(ii) w g ent which shall be retained by )�
then the Deposit, less the Use.Paym and neither Buyer nor Seller shall have any further rights,
Buyer, this Agreement shall be void a
•� der, except those that expressly survive the termination of ��
liabilities is
or obligations ho fe h waiver by Seller of any condition set forth in this Section,
Agreement. In the event
Agreement shall continue in full force and effect as to all other terms and conditions.
of the Property shall be delivered to Buyer at the time oe
14. POSSESSION. Possessionexce t th
d clear of all tenancies, lea
seS and licenses for the use of the p
Closing free an
Permitted Encumbrances and as otherwise herein permitted.
TIER AGREE1ViENTS AFFECTING PROPERTY: Prior
15, LICENSES LEASES AND r agreement wish any third party for use of ttie
to the Closing, Seller shall not enter into any .
• written ermissiorL from Buyer if that agreement would be binding on
Property without prior wn p
Buyer after Closing. parcels
• Taxes and assessments applicable to the tax
_ 16, TAXES AND ASSESSMENTS.
.. parcels" for the calendar year of Closing will be allocated(by
containing the property (`T� e remainder of the Tax Parcels and prorated on a cal
acreage} between the Property and the occurs have not
' If the ad valorem real property taxes for the year in which Closing
year basis. then the rogation shall be based on the previous year's taxes, and actual
been determined by Closing, P
• agree to adjust between themselves any difference. in the estTax imated
the year al
the parties gr
rogations within 30 days after of
the actual tax statements for a e due and payable at Closing;
P.
Closing have been received. If ad valorem zeal property taxes
9
PPAB 4907v7

' ad valorem real roe taxes are not due and
then those taxes shall be paid at Closing. if property rty
payable at Closing, then, at Closing, Buyer and Seller shall each deposit into escrow with Escrow
Agent their proportionate share of the estimated ad valorem real property taxes on the Tax
Parcels and Escrow Agent shall pay the taxes on the Tax Parcels at such time as those taxes are
due and payable. This Section 16 shall survive Closing.
l7. BROKERAGE: Seller and Buyer represent and warrant to each other that they have not
retained any broker in connection with the transaction contemplated by this Agreement. Should
any claim for commission be asserted, each party hereby expressly agrees to indemnify and hold
the other harmless with respect thereto to the extent that such indemnifying party is shown to
have been responsible for the creation of such claim. This Section 17 shall survive is
and
the tennination of this Agreement.
H. EPRES T ._ O S OF SELLER: Seller represents to Buyer
that to Seller's actual knowledge as of the Effective Date:. .
i
(a) There are no lawsuits or similar legal proceedings pending or expressly
threatened against Seller regarding the Property or any portion thereof.
(b) Seller has received no actual notice of any eminent domain or condemnation
proceedings filed or pending, which affect the Property.
(c) Seller has not received any actual, written notice of any violations by Seller of
law, govern mental ordinances, environmental regulations, orders or requirements applicable
to the Property, including, but not Iunited to; those relating to zoning, land use, hazardous
materials, building codes, and fire, health and safety codes (collectively, "Legal
Requirements") other than environmental *regulations.
i
(d) Seller has not entered into any unrecorded leases, unrecorded easements or
unrecorded encumbrances affecting the Property that would be binding upon Buyer or its
_successors or assigns after Closing...
(e) Except for the Permitted Encumbrances, Seller has entered into no agreement,
oral or written, encumbering the Property that would be binding upon Buyer or its successors j
or assigns after Closing. i
{ fl The undersigned, as the designated representative of Seller, has the light,
power and authority to execute and deliver this Agreement and the closing documents and
consummate the sale of the Property. Seller shall deliver to Buyer at the Closing evidence
satisfactory to Buyer, Buyer's attorneys and the. Title Company with respect to the right, i
power and authority of Seller's designated representative(s) to execute and deliver the closing
documents and consummate the sale of the Property,
If requested • by Buyer, Seller shall execute and deliver an instrument at Closing
reaffirming, to the extent true, all of said representations and warranties. If any representation or
• warrality above is not true in all.material respects at Closing as a result of a matter, event or
circumstance beyond Seller's reasonable • control, then Seller shall not be in default under this
Agreement and Buyer's sole remedy shall be to terminate this Agreement as a result of the f...1
• 1Q �
PPAS2024407Y7 '

W
failure of the condition under Section 12(a) and, thereafter, neither Buyer nor Seller shall have
any further obligations hereunder, except those that expressly survive the termination 'of this
Agreement. Further, if Seller acquires actual knowledge of any fact(s) rendering any of the
foregoing representations and warranties false at any time prior to Closing, Seller shall promptly
notify Bayer in writing of such fact(s). The representations and warranties of Seiler hereunder
shall survive Closing for a period of six (6) months only.
19. REPRESENTATIONS AND WARRANTIES OF BUYER: Buyer represents to the
Seller that the undersigned, -as the designated representative of Buyer, has the right, power and
authority to execute and deliver this Agreement and the closing documents and consummate the
sale of the Property. Buyer shall deliver to Seller at the Closing evidence satisfactory to Seller,
Seller's attorneys and the Title Company with respect to the right, power and authority of
Buyer's designated representative(s) to execute and deliver the closing documents and
consummate the sale of the Property. The representations and warranties of Buyer hereunder
shall survive Closing for a period of six (6) months only.
20. PROPERTY CONVEYED "AS IS" MROWNFIELDS:
(a) Proper ' Conveyed As -Is. Buyer acknowledges and agrees that (i) the Property
shall be sold, and Buyer shall accept possession of the Property at Closing, "as is, where is,
with all faults". with no right of setoff or reduction in the Purchase Price except as set forth in
Section 10(b); (ii) except for the representations and warranties set forth in Section 18 and for
the special warranty of title in the deed to Buyer, neither Seller nor the Seller Related Parties
_ (as def ned below) have or shall be deemed to have made any verbal or unitten representations
or warranties (whether express, implied, statutory or otherwise) to Buyer with respect to the
Property, any matter set forth, contained or addressed in any documents or materials regarding
the Property delivered to or obtained by Buyer (including the accut-acy and completeness
thereof) or the results of any inspections; and (iii) by closing on the Property, Buyer shall be
deemed to have confirmed independently all infortnation that it considers material to its
purchase of the Property. BUYER SPECIFICALLY ACKNOWLEDGES THAT,
EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET -FORTH -IN
SECTION 18 AND FOR THE SPECIAL WARRANTY OF TITLE IN THE DEED TO
• BUYER, BUYER IS NOT RELYING ON (AND SELLER AND THE SELLER
RELATED PARTIES DO HEREBY DISCLAIM AND RENOUNCE) ANY
REPRESENTATIONS OR WARRANTIES, 'WHETHER ORAL OR WRITTEN,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, FROM, OR ANY
SELLER RELATED PARTIES, AS TO: (1) THE OPERATION OF THE PROPERTY,
THE HABITABILITY OF THE PROPERTY, OR THE MERCHANTABILITY OF
THE -PROPERTY FOR A PARTICULAR PURPOSE; (2) THE PHYSICAL
CONDITION OF THE PROPERTY OR THE CONDITION OR SAFETY OF THE
PROPERTY OR ANY IMPROVEMENTS THEREON, OR SUITABILITY OF THE
PROPERTY OR ANY IMPROVEMENTS THEREON FOR A PARTICULAR
PURPOSE; (3) THE PRESENCE OR ABSENCE, LOCATION OR SCOPE OF ANY
HAZARDOUS MATERIALS (AS DEFINED BELOW).IN, AT, UNDER OR AROUND
THE PROPERTY; (4) ANY IMPROVEMENTS ON THE PROPERTY AND THE
QUALITY 01F THEIR CONSTRUCTION; (5) WHETHER THE PROPERTY OR THE
11
PPAB 2024907v7

IMPROVEMENTS THEREON ARE IN COMPLIANCE WITH APPLICABLE LAWS, /ON,
REGULATIONS OR ORDINANCES; OR (6) THE ZONING OF THE PROPERTY.
(b) Brownfields.
(i) 'Buyer acknowledges that ReVenture has applied to enroll the Property,
the Clariant Tract and other surrounding land in the North Carolina Brownfields Program,
through which ReVenture would obtain Brownfields Agreements C BFAs') pursuant to the
Brownfields Property Reuse Act of 1997, N.C. Gen. Stat. 130A•-310-37, et seq. As part of
the brownfields process, ReVenture will record in the Mecklenburg County Register of
Deeds one or more Notices of Brownfields Property ("Notices') covering both the Property
and the Clariant Tract, which Notices will contain land use restrictions and other
requirements. The• North Carolina Depaiirnent of Environment and Natural Resources
e'DENR") deemed the Property and the Clariant Tract eligible for a BFA by letter dated
June 30, 2011. Buyer further acknowledges that Seller, in its discretion, may elect not to
include Tract C in the Brownfields Program and that Tract C may not be subject to
Brownfields protections or restrictions.
(ii) Buyer agrees to execute the Notice applicable to the Property to
acknowledge its recordation, and to execute such other documents as DENR may require to
subject- Buyer's interests in the Property to* the restrictions and requirements in that Notice;
provided, however, that (1) ReVenture shall provide Buyer with an opportunity to review the
Notice prior to agreeing with DENR on its final form, and (2) Buyer shall not be required to
acknowledge the recordation -or priority of the Notice if the Notice materially interferes with
-" Buyer's planned uses of the Property for the City Project.
(c) Release.
(i) BUYER, -FOR BUYER AND BUYER'S SUCCESSORS AND
ASSIGNS, HEREBY RELEASES, DISCHARGES AND COVENANTS NOT TO SUE
SELLER AND THE SELLER RELATED PARTIES FROM OR. FOR ANY CLAIM,
DEMAND, NOTICE, ASSESSMENTS LIABILITY, WARRANTY, OBLIGATION,
DAMAGE (INCLUDING, WITHOUT LIM[TATION, CONSEQUENTIAL,
MULTIPLE AND NATURAL RESOURCES DAMAGES), COST, EXPENSES OR
LOSS WHATSOEVER, KNOWN OR UNKNOWN2 ANTICIPATED OR
UNANTICIPATED, RELATED OR ATTRIBUTABLE TO THE FOLLOWING:
• (1) ANY AND ALL STATEMENTS OR OPINIONS MADE
PRIOR TO, AT OR. AFTER THE EFFECTIVE DATE, OR INFORMATION
FURNISHED BY SELLER OR THE SELLER RELATED PARTIES TO BUYER OR ITS
EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES (EXCEPT FOR
THE REPRESENTATIONS AND WARRANTIES UNDER SECTION 18 AND FOR THE
SPECIAL WARRANTY OF TITLE IN THE DEED TO. BUYER); AND
(2) THE PROPERTY OR ANY MATTER PERTAINING
THERETO, INCLUDING, WITHOUT LiMI ATION, THE FOLLOWING: LATENT
AND PATENT CONDITIONS, ANY ,AND -ALL ENVIRONMENTAL MATTERS;
• 12
PPAS 2024907v7

f
--- WITHOUT I.DIMNG THE FOREGOING, THE PRESENCE OR RELEASE OF
HAZARDOUS MATERIALS IN, ON, UNDER, FROM OR AROUND THE PROPERTY
OR ANY ADJOINING PROPERTY; ZONING REQUIREMENTS, SUBSOIL
CONDITIONS; STORM WATER DRAINAGE CONDITIONS; THE EXISTENCE OR
CONDITIONS OF UTILITIES; RESTRICTIONS AND OTHER MATTERS
AFFECTING TITLE TO THE PROPERTY; ANY AND ALL LAWS, STATUTES,
RULES, REGULATIONS, ORDERS, NOTICES AND OTHER REQUIREMENTS,
INCLUDING, WITHOUT LIMITATION, COMMON LAW (COLLECTIVELY
"LAWS1 RELATING TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION,
ENVIRONNIENTA.L LAWS .
0i) BUYER ACKNOWLEDGES THAT BUYER HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF BUYER'S
SELECTION AND BUYER IS. GRANTING THIS RELEASE OF ITS OWN
VOLITION AND AFTER CONSULTATION WITH BUYER'S COUNSEL.
(d) Definitions.
(i) "Hazardous Materials" means any waste, pollutant, chemical,
hazardous material, hazardous substance, toxic substance, hazardous waste, special waste,
solid waste, asbestos, radioactive materials, polychlorinated biphenyls, petroleum or
petroleum -derived substance dr waste and any other pollutant, material, substance or waste
regulated under or as defined by any Environmental Laws.
(ii) "Environmental Laws" means all present and future Laws, including
without limitation any agreements or. permits, issued, promulgated, approved or entered
thereunder by any government authority, relating to pollution or hazardous materials or
protection of human health or the environment, including the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA.) of 1980,42 U.S.C. §§960I et seq., as
_ amended by the Superfund Amendment and Reauthorization Act (SARA) of 1986 and
---- • - Resource Conservation and Recovery Act -of 1976, 42 U.S:C: §§6901 et seq., -as--any of the
foregoing may be amended.
(iii) "Seller Related Parties" means Seller's officers, agents, managers,
members, directors, contractors, representatives and employees, and Seller's affiliated
companies, • and the officers, agents, managers, members, directors, 'contractors,
representatives and employees of those affiliated companies.
(e) • Survival. The terms of this Section 20 shall survive Closing and any
termination of this Agreement. The tenns of Section 20(c) shall be set forth in the deed to
Buyer.
..•,• 21: "DEFAULT.
(a) 1.f Buyer defaults in- the performance of any of its obligations under this
Agreement and fails to cure such default within ten (10) business days after receipt of written
notice thereof from Seller, then the Deposit shall be forfeited to Seller immediately, and Seller
may terminate this Agreement and/or seek any.other remedies at law or at equity which may.
•• 13
PPAB 2024907v7

be available to Seller for such default, In addition, at Seller's request (and only at' Seller's
request) Buyer shall deliver to Seller all surveys, appraisals, site plans, reports, title
information, studies and any other due diligence information pertaining to the Property arising
out of the Inspections or otherwise within five days following such request.
(b) If Seller. defaults in the performance of any of its obligations under this
Agreement and fails to cure such default within ten (10) business days after receipt of written
notice thereof from Buyer, then Buyer may, as its sole and exclusive remedy, either:
(i) terminate this Agreement, in which case Escrow Agent shall refund the Deposit to Buyer, i
and neither party shall have any further obligations under this Agreement (other than those
obligations that expressly survive the termination of this Agreement); (ii) seek specific
performance of this Agreement; or (iii) permanently waive the default and proceed to Closing
in accordance with the terms of this Agreement.
(c) This Section 21 shall survive Closing and the termination of this Agreement.-
22. NOTICE AND ADDRESSES: All notices concerning this Agreement shall be addressed
as follows:
BUYER: City of Charlotte
Ron Kimble, Deputy City Manager
600 East Fourth Street
Charlotte, NC 28202
Facsimile: [phone]
COPIES TO: City Attorney's Office
CMGC, 71h Floor j
600 East Fourth Street
Charlotte, NC 28202
Attn: Catherine L. Cooper
. Facsimile: (704) 632•-8333 .
SELLER: ReVenture Park Investments I. LLC
5320 Old Pineville Road
Charlotte, NC 28217
Attn: Thomas J. McKittrick
Facsimile: [phone]
COPIES TO: Parker Poe Adams & Bernstein LLP
401 South Tryon Street, Suite 3000
Charlotte, NC 28202
Attn: Thomas M. Quirk, Esquire
Facsimile: [phone]
Attn: Thomas N. Griffin, Esquire
Facsimile: [phone]
• r
14
PPAs 20249070
t
• i

CLARIANT: Clariant Corporation
4000 Monroe Road
Charlotte, NC 28205
Attention: Christopher S. Barnard
Facsimile: [phone]
Notice shall be effective upon the date of receipt by the intended recipient, provided that any
notice that is sent by tole -fax ok electronic mail shall also be. simultaneously sent by mail
deposited with the U.S. Postal Service or by overnight courier. Each party may change its
address for notification purposes by giving the other party written notice of the new address and
the date upon which it shall become effective.
23. TERM OF AGREEMENT: This Agreement shall commence upon the Effective Date.
24. ENTIRE AGREEMENT AND AMENDMENTS: There are no agreements, promises or
understandings between the parties except as specifically set forth herein. No modification,
waiver, amendment, discharge or other change to this Agreement shall be valid unless the same
is in writing and signed by the party to which the same is charged. Buyer has designated the City
Manager, or his designee, as the City's representative under this Agreement. Such represeritative
shall have the authority, on behalf of Buyer, to discharge responsibilities, exercise rights and
options, settle disputes, make adjustments and amendments (including reasonable time
extensions) and issue waivers, to the fall extent permitted by lave.
25. NO THIRD PARTY RIGHTS: This Agreement is entered into by and between the
parties hereto for their exclusive benefit. The parties do not intend to create or establish by this
Agreement any third party beneficiary status or rights, and no such third party shall be entitled to
enforce any right of obligation or enjoy any benefit created or established by this Agreement.
26. AUTHORITY TO EXECUTE: Each of Buyer, ReVenture and. Clariant warrant and
represent, as to itself only, that this Agreement has been duly authorized by all necessary action
• on the part of such party, and has -beau duly exeedf6 -' and • delivered • by such party, and
constitutes the valid and binding agreement of such party, and is enforceable against such party
in accordance with its terms, and that each person executing this Agreement on behalf or.Buyer,
ReVenture and Clariant has authority to do so.
27. • RISK OF LOSS: Risk of loss prior to the Closing shall be on Buyer. If, prior to
Closing, any portion or all of the'Propeity is damaged or destroyed by fire or any other cause,
except where such event is occasioned by a willful negligent act of Seller or its employees,
agents or contractors, then this Agreement shall continue in full force and effect and risk of loss
shall be on Buyer. If such event is occasioned by the willful negligent act of Seller or its
employees, agents or contractors, then Buyer may elect by written notice delivered "to Seller on
or before Closing to either: (i) terminate this Agreement in which case the Deposit, less the Use
Payment (which shall be retained by Seller), shall be returned to Buyer, this Agreement shall be
void and neither Buyer nor Seller shall have any further rights, liabilities or obligations
hereunder, except those that expressly survive the termination of this Agreement; or (ii) tape title
to the Property "as -is" without any credit or offset for such damage or destruction.
15
PPAB=440747

28. SURVIVAL OF COVENANTS, REPRESE%iTATIONS AND WARRAN�'IES: Except
as otherwise expressly set forth in this Agreement, the representations, warranties and covenants
contained in this Agreement shall merge in the deed and shalt not survive Closing. Without
limiting the prior sentence and in addition to the express survival provisions set forth in this
Agreement, tlhe terms of Sections 22, 24, 25, 26, 28, 20 and 31 shall survive Closing and any
termination of this Agreement
29. PARTIES BOUND: This Agreement and all rights hereunder shall inure to the benefit of
and be binding upon the parties hereto and their respective successors and assigns. This
Agreement may not be assigned, in whole or in part, by Buyer.
30. TIME OF ESSENCE: Time is of the essence to both Seller and Buyer in the
performance of this Agreement, and they have agreed that strict compliance by both of them is
required as to any date set out herein. If the final day of any period of time set out in any
provision of this Agreement falls upon a Saturday or Sunday or a legal holiday under the laws of
the State of North Carolina, then and in such event, the time of such period shall be extended to
the next day which is not a Saturday, Sunday or legal lioliday in the State ofNorth Carolina.'
31. MISCELLANEOUS:
(a) Words of.any gender used in this Agreement shall be field and construed to
include any other gender, and words in singular number shall be held to include the plural and t
vice versa, unless context requires otherwise.
-- (b) The captions used in connection with the sections of this Agreement are for
convenience only and shall not be deemed to construe or limit the meaning of the language
contained in this Agreement, or be used as interpreting -the meanings and provisions of this
Agreement. i
i
(c) In case any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect,, such invalidity,
illegality or unenforceab' 'ty shall not affect any other provision hereof and This Agreement
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
(d) In the event Seller or Buyer or their successors or assigns shall breach any of
the terms Qf this Agreement and Seller or Buyer retain the services of any attorney for
enforcement, the prevailing party shall recover from the other party, in addition to any other
relief allowed provided herein, all reasonable costs of enforcement including reasonable
attorney's fees which are actually incurred at customary rates without presumption of law.
(e) This Agreement shall be governed by and construed in accordance with the
laws and judicial decisions of the State of North Carolina. Venue for any action with respect
to this Agreement shall He in any court of competent jurisdiction in Mecklenburg County,
North Carolina.
( The date by which this Agreement has been fully executed by both parties shall '
be known as the "Effective Date".
PPAB 20249070

32. COUNTERPARTS; This Agreement may be signed in any number of counterparts, each
to be an original, but all of which shall constitute but one agreement, and it shall be sufficient to
bind a party if such pally signs any such counterpart
[SIGNATURE$ FOLLOW)
a
17 =
PPAB 2024907v7

IN WITNESS WHEREOF, die parties have set their band as of the date appearing below.
RE TNTURE:
REVENTURE PARK UMSTMENTS I, LLC,
a North Carolina limited liability company
By: CLEAN ENERGY, LLC,
a Nevada 1' 'ted liability company,
its M g
1
By.
m cKitt ick, Manager
Date: _5 3
BUYER:
CITY OF CHARLOTTE,
a North Carolina municipal corporation
By:
Name:
Title:
Date:
CLA.RIANT:
CLARIANT CORPORATION,
a New York corporation
�.
By, c�
Name: ___�-__� a •�,,..,,�'
Title:
..
Date: Secretary & General Counsel
PPAB 2024407v7

IN VnTNESS WBEREOF, the pailies have set their Rand as of the date appearing below.
E, T E {TURE:
REi VENTURE PARK YNVFSTMEt NTS x, LLC,
a North Carolina limited liability company
By: CLEAN ENERGY, LLC,
a Nevada limited liability company,
its Manager
A �
B •
Tom MoKittfick, Manager -
Date: ,
• BUYER:
CITY OF affARLOTTE,
a Forth Carolina municipal corporation
By:
Name:
Title:
• Date:
CLARIANT:
CLARIANT CORPORATION, .
a New York corporation
B.•
y
Name: '
Titles -
Date:
18
PPAB2024907%fp

EXHIBIT A
ReVenture Property and Clariant Property
The real property located in Mecklenburg County, North Carolina and described as follows:
ReVenture Pro»crty
Tract 2
That approximately 56.718 acre tract {"Tract 21) designated as "Tract 2" on the plat
("ReVenture Plat") recorded in Plat Book 52, Page 643 in the Office of the
Mecklenburg County Register of Deeds ("Registry");
Tract 3
That approximately 201.744 acre tract ("Tract 3") designated as "Tract 3" on the
ReVenture Plat;
Tract 4 '
That approximately 46.336 acre tract ("Tract 4") designated as "Tract 4" on the
ReVenture Plat;
LESS.AND BXCLPT that portion of the property described above that was conveyed by
ReVenture to Catawba Lands Conservancy by deed recorded in Deed Book 26977, Page
599 in the Registry (which conveyed property is designated as "50.6874 ACRES" on plat
recorded in Plat Book 53, Pages 747-751 ("CLC Plat"), and as "S.1573 ACRES" on the
CLC'Plat).
Clariant Pro ei• _ _ • . ... E
4
That approximately 351.817 acre tract designated as "Tract V on the plat recorded in Plat
Book 52, Page 643 in the Registry.
{
A-1
RPas 2024907V7
E

EXHIBIT B
Recombination Plat
4
B-1
?PAS 2024907Y7

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T.�Z�e iii

6a
Tract A
:%!:
Legal Description
(PROPOSED LONG CREEK WASTE WATER TREATMENT PLAINT SITE)
REVENTURE PARK INVESTMENT I. LLC PROPERTY
BEING A REMAINDER PORTION OF THAT TRACT 3 AND ALL OF THAT TRACT 4
PER THAT PLAT TITLED "EXEMPT SUBDIVISION MAP FOR CLARIANT
CORPORATION" RECORDED IN NEAP BOOK 52, PAGE 643, AND DESCRIBED IN BOOK
26318, PAGE 7183, MECKLENBURG COUNTY REGISTRY (HENCE MCR) AND BEING
ALL OF THAT PROPOSED 102.149 ACRE TRACT A, AS SHOWN ON THAT MAP ;
•• - TITLED "RECOMBINATION PLAT OF REVENTURE PARK INVESTMENT 1, LLC
TRACTS 1,2,3 & 4 - LONG CREEK WASTE WATER TREATMENT PLANT" PRBPARED :
BY THE SURVEY COMPANY, INC., DATED JUNE 15, 2012, SIGNED AND SEALED BY
MICHA.EL C. SAWHILL, NCPLS #L-3223, TO WHICH REFERENCE IS HEREBY MADE:
COMMENCING AT NCGS STATION " WMTE" HAVING NC GRID COORDINATES IN
U.S. SURVEY FEET OF NORTH 564,987.70 AND EAST 1,411,954.61 WITH A COMBINED,
GRID FACTOR OF 0.99984387;
THENCE, S 72*-08'-58" W, A GRID DISTANCE OF 83,713.01 FEET TO A• FOUND 7/8"
PIPE, THE COMMON EASTERLY CORNER OF TRACTS 3 & 4 (MAP BOOK 57, PAGE
643, MCR) AND BEING THE NORTHWESTERLY CORNER OF THAT CLARIANT
CORPORATION TRACT DESCRIBED IN BOOK--.5290, PAGE 804 (MCR) AND THE
POINT OF BEGINNING;
THENCE, WITH SAID CLARIANT TRACTS WESTERLY LINE, S 32'0-29'-30" W, A
DISTANCE OF 2,518.49 FEET TO A FOUND 1 /2" PIPE, THE MOST EASTERLY CORNER
OF THAT MECKLENBURO COUNTY U.S NATIONAL WHITEWATER CENTER TRACT
AS DESCRIBED IN BOOK 6230, PAGE 893 (MCR);
THENCE, WITH SAID MECKLENBURG COUNTY TRACT'S NORTHERLY LINES THE
FOLLOWING EIGHT (8) COURSES:
1) N 27°-20'-3T)
W, A DISTANCE OF 13,342.06 FEET TO A FOUND 1 1/2" PIPE;
2) S 62"-39'-42"
W, A DISTANCE OF 421.97 FEET TO A FOUND ANGLE IRON AND 2"
GALVANIZED PIPE IN CENTER LINE OF TRIBUTARY TO LONG CREEK;
3) N 57°-02'-49"
W, A DISTANCE OF 25.23 FEET TO A FOUND 1/2" PIPE;
4) N 45--31'-37"
W, A DISTANCE OF 28.99 FEET TO .A. FOUND UTI PIPE.,
5) N 48°-31'-41"
W, A DISTANCE OF 67.08 FEET TO A FOUND 112" PIPE;
l"bl) 6) N 589-573-04"
W, A DISTAINCROF 47.75 FEET TO A CALCULATED POINT; -
C-1
PPAS 202490747

�O 1
7) N 66°-53'-26" '' 3 A DISTANCE OF 29.30 FEET TO A CALCULATED POINT;
8) N 58°-02'-06" W.. A DISTANCE OF 25.25 FEET TO A CALCULATED POINT ON THE
FERC/DUKE REGULATORY LINE OF THAT CRESCENT RESOURCES TRACT
DESCRIBED IN BOOK 31463, PAGE 165 (MCR);
THENCE, WITH SAID FERC/DUKE REGULATORY LINE THE FOLLOWING ONE
HUNDRED FIFTY-NINE (159) COURSES;
1) N 01 °-36'=44" E, A DISTANCE OF 38.21 FEET TO A CALCULATED POINT;
2) N 05°-33'-27"' W, A DISTANCE OF 49.83 FEET TO A CALCULATED POINT;
3) N 01 0-43'-33" E, A DISTANCE OF 32.90 FEET TO A CALCULATED POINT;
4) N 18%172-59" E, A DISTANCE OF 58.16 FEET TO A CALCULATED POINT;
5) N 10°-32'-38" E, A DISTANCE OF 46.72 FEET TO A CALCULATED POINT; F
6) N 14%34'-38" E, A DISTANCE OF 49.08 FEET TO A CALCULATED POINT;
7) N 35°-15'-38" E, A DISTANCE OF 48.37 FEET TO A CALCULATED POINT;
8) N 37° 23'-39" E, A DISTANCE OF 49.92 FEET TO A CALCULATED POINT;
9) N•48°-07'-57" E, A DISTANCE OF 54.98 FEET TO A CALCULATED POINT;
10) N 51 °-53'-11" E, A DISTANCE OF 46.02 FEET TO A CALCULATED POINT;
11) N 34°-30'-01" E, A DISTANCE OF 55.62 FEET TO A CALCULATED POINT;
12) N 04° 29'-47" E, A DISTANCE OF 54.67 FEET TO A CALCULATED POINT;
13) N 41°-17'-18" E, A DISTANCE OF $4.02 FEET TO A CALCULATED POINT;
14) N 34°48'43" E, A DISTANCE OF 62.28 FEET TO A CALCULATED POINT;
15) N 65°451-44" E, A DISTANCE OF 56.64 FEET TO A CALCULATED POINT;
16) N 45°-15'-48" E, A DISTANCE OF 43.21 FEET TO A CALCULATED POINT;
17) N 39°-45'-18" E, A DISTANCE OF 59.88 FEET TO A CALCULATED POINT;
18) N 35°-59'-26" E, A DISTANCE OF 29.25 FEET TO A CALCULATED POINT;
19) N 62°-32'-56' E, A DISTANCE OF 36.57 FEET TO A CALCULATED POINT;
20) N 240-59'-14" E, A DISTANCE OF 41.17 FEET TO A CALCULATED POINT;
21) N 58°-24'-03" E, A DISTANCE OF 79.13 FEET TO A CALCULATED POINT;
22) N 66°-56'-35" E, A DISTANCE OF 48.11 FEET TO A CALCULATED POINT;
23) N 34 08'-44" E, A DISTANCE OF 37.65 FEET TO A CALCULATED POINT;
24) N 44°-33'-08" E, A DISTANCE OF 23.65 FEET TO A CALCULATED POINT; '
25) N•65°-07'-25" E, A DISTANCE OF 64.23 FEET TO A CALCULATED POINT;
26) N 77%37'49" E, A DISTANCE OF 42.69 FEET TO A CALCULATED POINT;
27) S 81 °49'-43" E, A DISTANCE OF 39.97 FEET TO A CALCULATED POINT;
28) N 60°-24'-52" E, A DISTANCE OF 73.79 FEET TO A CALCULATED POINT;
29) N 55°-50'49" E, A DISTANCE OF 50.80 FEET TO A CALCULATED POINT;
30) N 57°-39'-12" E, A DISTANCE OF 57.91 FEET TO A CALCULATED POINT;
31) N 46°-33'-29" E., A DISTANCE OF 51.09 FEET TO A CALCULATED POINT;
32) N 52°-27'-30" E, A DISTANCE OF 41.78 FEET TO A CALCULATED POINT; `
33) S 86°-33'-39" E, A DISTANCE OF 21.51 FEET TO A CALCULATED POINT; t
14) S 64%10'-23" E, A DISTANCE OF 33.82 FEET TO A CALCULATED POINT;
35) N 37°-54'-56" E, A DISTANCE OF 51.62 FEET TO A CALCULATED POINT; .
36) N 14°-05'-22" E, A DISTANCE OF 60.75 FEET TO A CALCULATED POINT;
37) N 05°-02' 20". E, A DISTANCE OF 67.18 FEET TO A CAtCULATED•POINT;
38) N 17°-54'-08" E, A DISTANCE OF 27.63 FEET TO A CALCULATED POINT;
39) N 12°-24'-38" E, A DISTANCE OF 51.19 FEET TO A CALCULATED POINT;
C-2
PPAS 2024"M

40) N 23`-10' 29" E, A DISTANCE OF 44.15 FEET TO A CALCULATED POINT;
41) N 29--01'-11" E, A DISTANCE OF 72.71 FEET TO A CALCULATED POINT;
42) N 29°-08'-19" E, A DISTANCE OF 58.96 FEET TO A CALCULATED POINT;
43) N 43'-35'-39" E, A DISTANCE OF 44.56 FEET TO A CALCULATED POINT;
44) N 18°-26'-17" E, A DISTANCE OF 52.61 FEET TO A CALCULATED POINT;
45) N 17--42'-13" Wi A DISTANCE OF 39.84 FEET TO A CALCULATED POINT;
46) N 09°-28'-40" W, A DISTANCE OF 32.19 FEET TO A CALCULATED POINT;
47) N 210-19'-07" W, A DISTANCE OF 56.70 FEET TO A CALCULATED POINT;
48) N 23°-36'-58" W, A DISTANCE OF 52.69 FEET TO A CALCULATED POINT;
49) N 21--21'-13" W, A DISTANCE OF 42.21 FEET TO A CALCULATED POINT;
50) N W-30'-45"Ws A DISTANCE OF 55.25 FEET TO A CALCULATED POINT;
51) N 04°41'-04" E, A DISTANCE OF 40.52 FEET TO A CALCULATED POINT;
52) N 60"-35' 27" E, A DISTANCE OF 61.81 TO A FOUND 1/2" PIPE;
53) N 68--35'-35" % A DISTANCE OF 54.25 TO A FOUND 1/211 PIPE;
54) N 85°-28'-04" E, A DISTANCE OF 52.76 FEET TO A CALCULATED POINT;
55) N 74'-37'-33" E, A DISTANCE OF 55.44 FEET TO A CALCULATED POINT;
56) N 480-08'-28" E, A DISTANCE OF 44.01 FEET TO A CALCULATED POINT; '
57) N 39°-28'-15" E, A DISTANCE OF 26.55 FEET TO A CALCULATED POINT;-
,
58) N 38°-38'-33" E, A DISTANCE OF 35.30 FEET TO A CALCULATED POINT;
59) N 69 25'-19" % A DISTANCE OF 30.73 FEET TO A CALCULATED POINT;
60) S 74°-36'-25" E, A DISTANCE OF 24.73 FEET TO A CALCULATED POINT; `
61) �4 73- 23'-37" E, A DISTANCE OF 37.91 FEET TO A CALCULATED POINT;
62) N 58 09'-42" E, A DISTANCE OF 28.75 FEET TO A CALCULATED POINT;
63) N• 07°-30927" E, A DISTANCE OF 35.81 FEET TO A CALCULATED POINT;
64) N 09'-37'-51" E, A DISTANCE OF 30.53 FEET TO A CALCULATED POINT; :
65) N 41 °-49'-45" E, A DISTANCE OF 32.99 FEET TO A CALCULATED POINT;
66) N 50°-06'-08" E, A DISTANCE OF 21.11 FEET TO A CALCULATED POINT;
67) N 85"-50'-39" E, A DISTANCE OF 34.45 FEET TO A CALCULATED POINT;
68) S 77°46'40" E, A DISTANCE OF 33.41 FEET TO A CALCULATED POINT;
69) S 61 55'-46" E, A DISTANCE OF 34.31 FEET TO A CALCULATED POINT;
70) S 56°-48'-13" E, A DISTANCE OF 34.09 FEET TO A CALCULATED POINT;
71) S 30`-23'-05" E, A DISTANCE OF 50.43 FEET TO A CALCULATED POINT;
72) S 18°-44-23" E, A DISTANCE OF 32.09 FEET TO A CALCULATED POINT;
73) S 15`-29'-06" E, A DISTANCE OF 25.72 FEET TO A CALCULATED POINT;
74) S 38*-13'-45" E, A DISTANCE OF 31.51 FEET TO A CALCULATED POINT;
75) S 260-07'-48" fit, A DISTANCE OF 48.43 FEET TO A CALCULATED POINT; 1
76) S 69`-33'44" ail, A DISTANCE OF 46.64 FEET TO A CALCULATED POINT;
77) S 82°42'-00" W.., A DISTANCE OF 37.21 FEET TO A CALCULATED POINT;
78) S 230-43'-15" W., A DISTANCE OF 58.18 FEET TO A CALCULATED POINT;
79) S 11'-55'-17" E, A DISTANCE OF 45.35 FEET TO A CALCULATED POINT;
80) S 23°-04'-07" E, A DISTANCE OR 71.80 FEET TO A CALCULATED POINT;
81) S 61 %20'-09" E, A DISTANCE OF 61.80 FEET TO A CALCULATED POINT;
82) S 79°-25'--08" E, A DISTANCE OF 51.46 FEET TO A CALCULATED POINT; :
83) S 68 15'-15" E, A DISTANCE OF 32.87 FEET TO A CALCULATED POINT;
84) S 83--36'-37" E, A DISTANCE OF 29.57 FEET TO A CALCULATED POINT;
85) N 50°-57'-33" E, A DISTANCE OF 58.94 FEET TO A CALCULATED POINT; '
C-3
PPAD 2024407v7

�V
86) N 64°43'-32" E, A DISTANCE OF 55.51 FEET TO A CALCULATED POINT;
87) S 45°-51'-20" E, A DISTANCE OF 33.52 FEET TO A CALCULATED POINT;
88) N 75°-21'-44" E, A DISTANCE OF 27.41 FEET TO A CALCULATED POINT;
89) N 63°-30'-34" E, A DISTANCE OF 30.06 FEET TO A CALCULATED POINT;
90) S 60°-06'-19" E, A DISTANCE OF 16.42 FEET TO A CALCULATED POINT;
91) S 53 07'-27" E, A DISTANCE OF 46.53 FEET TO A CALCULATED POINT;
92) S 42°-19'-13" E, A DISTANCE OF 42.99 FEET TO A CALCULATED POINT;
93) S 53°-53'-12" E, A DISTANCE OF 74.61 FEET TO A CALCULATED POINT;
94) S 556-16'-56" E, A DISTANCE OF 69.90 FEET TO A CALCULATED POINT;
95) S 61°-36'-00" E, A DISTANCE OF 53.99 FEET TO A CALCULATED POINT;
96) S 56%25-52" E, A DISTANCE OF 39.61 FEET TO A CALCULATED POINT;
97) S 71°-07'45" E, A DISTANCE OF 31.50 FEET TO A CALCULATED POINT;
98) S 33"-54'-28" E, A DISTANCE OF 29.24 FEET TO A CALCULATED POINT;
99) S 66°-24'-47" E, A DISTANCE OF 58.90 FEET TO A CALCULATED POINT;
100) S 56°-09'-21" E, A DISTANCE OF 73.97 FEET TO A CALCULATED POINT;
101) S 70°-53'41" E, A DISTANCE OF 60.03 FEET TO A CALCULATED POINT;
102) S 63"-36'*-06" E, A DISTANCE OF 48.18 FEET TO A CALCULATED POINT;
103) N 83 0-04'-27" E, A DISTANCE OF 47.03 FEET TO A CALCULATED POINT;
104) S 81 "-57'-22" A A DISTANCE OF 49.77 FEET TO A CALCULATED POINT;
105) S 86--35'-30" E, A DISTANCE OF 41.02 FEET TO A CALCULATED POINT;
106) S 88°-00'-35" E, A DISTANCE OF 60.52 FEET TO A CALCULATED POINT;
107) N 01°-13'-15" W, A DISTANCE OF 2.00 FEET TO A CALCULATED POINT;
108) N 62° 20'-25" W, A DISTANCE OF 0.99 FEET TO A CALCULATED POINT; r,�►
109) N 85°-56'-02" W, A DISTANCE OF 58.71 FEET TO A CALCULATED POINT;
110) N 850-025•37" W, A DISTANCE OF 45.17 FEET TO A CALCULATED -POINT;
111) N 80°-59-59" W, A DISTANCE OF 46.79 FEET TO A CALCULATED POINT;
112) S 85 °-17'-28" A A DISTANCE OF 43.67 FEET TO A CALCULATED POINT;
113) N 64°-06'-20" W, A DISTANCE OF 51.21 FEET TO A CALCULATED POINT;
1.14) N 69°-01'-39" W, A DISTANCE OF 59.42 FEET TO A CALCULATED POINT;
115) N 5°-10'-07" W, A DISTANCE OF 78.92 FEET TO A CALCULATED POINT;
11 b) N 671P-20'-26" W, A DISTANCE OF 42.25 FEET TO A CALCULATED POINT;
117) N 390-39'-13" W, A DISTANCE OF 23.18 FM TO A CALCULATED POINT;
118) N 61 °-58'-04" W, A DISTANCE OF 50.18 FEET TO A CALCULATED POINT;
119) N 50°-46'-40" W, A DISTANCE OF 27.03 FEET TO A CALCULATED POINT;
120) N 57'-56'-W'-` W., A DISTANCE OF 58.15 FEET TO A CALCULATED POINT;
121) N 55°-21'-39" W, A DISTANCE OF 73.34 FEET TO A CALCULATED POINT;
122) N 54°-25'-04" W, A DISTANCE OF 70.96 FEET TO A CALCULATED POINT;
123) N 46°-04'-12" W, A DISTANCE OF 36.64 FEET TO A CALCULATED POINT;
124) N 500-27'-00" W, A DISTANCE OF 50.55 FEET TO A CALCULATED POINT;
125) N 63%08'-14" W, A DISTANCE OF 19.31' FEET TO A CALCULATED POINT;
126) N 09°42'-06'1 A DISTANCE OF•35.13 FEET TO A CALCULATED POINT;
127) S 83 0-15'-53" E, A DISTANCE OF 43.09 FEET TO A CALCULATED POINT; _
128) N 45 °-50'-31" E, A DISTANCE OF 34.12 FEET TO A CALCULATED POINT;
129) N 33°-50' 24" E, A DISTANCE OF 38.66 FEET TO A CALCULATED POINT;
130) N 31'-17'-57" E, A DISTANCE OF 33.00 FEET TO A CALCULATED POINT;
131) N 64°-58'-10" E, A DISTANCE OF 31.81 FEET TO A CALCULATED POINT; .
C-4
PPAB 282490707

132) N 79-10'-01" E, A DISTANCE OF 41.29 FEET TO A CALCULATED POINT;
133) N 64%55'-26" E, A DISTANCE OF 41.75 FEET TO A CALCULATED POINT;
134) ICI 78°-53'-26" W, A DISTANCE OF 40.51 FEET TO A CALCULATED POINT;
135) N 45°40'-24" W, A DISTANCE OF 29.70 FEET TO A CALCULATED POINT;
136) N 24°-07'-47" E, A DISTANCE OF 57.77 FEET -TO A CALCULATED POINT;
137) N 27°-47'-32" E, A DISTANCE OF 34.38 FEET TO A CALCULATED POINT;
139) S 57 04'-11" E, A DISTANCE OF 34.21- FEET TO A CALCULATED POINT;
139) N 76°-32'-38" E, A DISTANCE OF 68.33 FEET TO A CALCULATED POINT;
140) N 490'-36'-16" E, A DISTANCE OF 54.40 FEET TO A CALCULATED POINT;
141) N 43°-37'-26" E, A DISTANCE OF 52.60 FEET TO A CALCULATED .POINT;
142) N 20°-05'-24" E, A DISTANCE OF 37.45 FEET TO A CALCULATED POINT;
143) N j8°-23'-34" ill, A DISTANCE OF 56.64 FEET TO A CALCULATED POINT;
144) N 54°46'-46" W, A DISTANCE OF 40.88 FEET TO A CALCULATED POINT; �
145) N 68 57'-24" W, A DISTANCE OF 48.70 FEET TO A CALCULATED POINT;
146) S 62°42'-39" Ws A DISTANCE OF 54.91 FEET TO A CALCULATED POINT;
147) S 09°-34'-25" '4 o A DISTANCE OF 50.51 FEET TO A CALCULATED POINT;
148) S 150-36'-02" E, A DISTANCE OF 30.09 FEET TO A CALCULATED POINT;
149) S 350'-06'-29** W., A DISTANCE OF 17.02 FEET TO A CALCULATED POINT;
150) ICI 42%57'-20" W, A DISTANCE OF 19.12 FEET TO A CALCULATED POINT;
151) N 25°-55'-42" W, A DISTANCE OF 34.01 FEET TO A CALCULATED POINT;
152) N 02°40'-59" W, A DISTANCE OF 38.12 FEET TO A CALCULATED POINT;
153) N 14°-51'-21" W, A DISTANCE OF 47.28 FEET TO A CALCULATED POINT;
154) N 10°-44'-47" E, A DISTANCE OF 55.76 FEET TO A CALCULATED POINT;
155) N 06°-30'-32" W, A DISTANCE OF 46.13 FEET TO A CALCULATED POINT;
156) N 32%69'-23" W, A DISTANCE OF 55.47 FEET TO A CALCULATED POINT,
157) N 53--07'-42" ' % A DISTANCE OF 50.60 FEET TO A CALCULATED POINT;
158) N 73°-28'-05" W, A DISTANCE OF 37.46 FEET TO A CALCULATED POINT;
159) N 05°-22' 20" E, A DISTANCE OF 38.69 FEET TO A FOUND #5 STEEL REBAR, THE
SOUTHWEST CORNER OF LOT 1 PER THAT PLAT TITLED `BOUNDARY SURVEY FOR
CATAWBA LANDS CONSERVANCY" RECORDED IN MAP BOOK 53, PAGE 747 (MCR);
THENCE, WITH SAID LOT'S SOUTHERLY LINES, THE FOLLOWING TWO (2) COURSES:
1) N 71--21'-10" E, A DISTANCE OF 138.97 FEET TO A FOUND #5 REBAF4
2) S 57%29'-40" E, A DISTANCE OF 399.21 FEET TO A FOUND #5 REBAR, THE
SOUTHWESTERLY CORNER OF LOT IB PER THAT PLAT TITLED "BOUNDARY SURVEY
FOR CATAWBA LANDS CONSERVANCY" RECORDED IN MAP BOOK 53, PAGE 747 (MCR)
THENCE, WITH SAID LOT'S SOUTHERLY LANE,- S 570-30'-13" E, A DISTANCE OF
632.77 FEET TO A FOUND #5 REBAR, THE MOST SOUTHERLY CORNER OF SAID LOT
1% IN THE WESTERLY LINE OF THAT NW SOUTHEAST HOLDINGS, LLC TRACT
DESCRIBED IN BOOK 27030, PAGE 157 (MCR);
I IMCJg, WITH SAID WESTERLY LINE, S 329-29344" W, PASSING THROUGH A
FOUND #5 REBAR AT 373.05 FEET AND CONTINUING ANOTHER 128.76 FEET FOR A
TOTAL DISTANCE OF 501.81 TO A FOUND 7/8" PIPE, THE MOST NORTHERLY
C-5
PPAB 20249OW7

/0041N
CORNER OF THAT CLARIANT CORPORATION TRACT DESCRIBED IN BOOK 4677,
PAGE 309 (MCR);
THENCE, WITH SAID CLARIANT TRACT'S WESTERLY LINE, S 32� 29'-30" W)
PASSING A FOUND #5 •REBAR AT 388.17 FEET AND CONTINUING ANOTHER 229.94
FEET FOR A TOTAL DISTANCE OF 618.11 FEET TO THE POINT OF BEGINNING AND
CONTAINING 102.149 ACRES OR 4,4491614 SQUARE FEET OF LAND, MORE OR LESS,
ALL ACCORDING TO THAT MAP TITLED "RECOMBINATION PLAT OF REVENTURE
PARK INVESTMENT 1, LLC TRACTS 1,2,3 & 4 - LONG CREEK WASTE WATER
TREATMENT PLANT" PREPARED BY THE SURVEY COMPANY, INC., DATED JUNE
15, 2012, SIGNED AND SEALED BY MICHAEL C. SAWHILL, NCPLS #L-3223, TO
WHICH REFERENCE IS HEREBY MADE.
In the event that the above metes and bounds legal description of Tract A encompasses property
lying outside of the .boundaries of Tract 3 and Tract 4 as shown on plat titled "Exempt
Subdivision Map for Clariant Corporation" recorded in Map Book 52, Page 643 in the Office of
the Mecklenburg County Register of Deeds (any such property lying outside the -boundaries of
Tract 3 and Tract 4 is referred to as the `Txcluded Property"), then the boundaries of Tract 3
and Tract 4 as shown on that plat shall control and the Excluded Property is not part of Tract A
and will not be conveyed by Seller to Buyer.
Tract B
That approximately 56.718 acre tract C�Tract 2"1 designated as "Tract 2" on the plat
("ReVenture PIat) recorded in Plat Book 52, Page 643 in the Office of the Mecklenburg
County Register of Deeds C Registt-y );
Tract C
BEING A PORTION OF TRACT I PER THAT PLAT TITLED `'EXEMPT
-SUBDIVISION MAP FOR CLARIANT CORPORATION" RECORDED IN MAP BOOK --
52, PAGE 643, MECKLENBURG COUNTY REGISTER OF DEEDS OFFICE AND BEING
ALL OF THAT PROPOSED 22.385 ACRE TRACT C, AS SHOWN ON THAT MAP OF
SURVEY TITLED "RECOMBINATION PLAT OF CLARIANT TRACTS 1,2,3 & 4 -
LONG CREEK WASTE 'CATER TREATMENT PLANT" PREPARED BY THE SURVEY
COMPANY, INC., DATED DECEMBER 09, 20102 LAST REVISED MARCH 25, 2011 AND
SIGNED AND SEALED BY MICHAEL C. SAWHILL, NCPLS #L-3223, TO WHICH
REFERENCE IS MADE.
COMMENCING AT NCGS STATION "WHITE" HAVING NC GRID
COORDINATES IN U.S. SURVEY FEET OF NORTH 564,987.70 AND EAST I3411,954.61,
WITH A COMBINED GRID FACTOR OF 0.99994387; -
THENCE, S 84`-17'-02" W, A HORIZONTAL GROUND DISTANCE OF 10,623.65
FEET TO A FOUND 1/2" PIPE, THE POINT OF BEGI WEIG;
C-6
PPAS 2024907v7

THENCE, S 54°-55' -00" E, PASSING A FOUND 314" WITNESS PIPE AT It 142.69
FEET AND CONTINUING ANOTHER 50.27' FOR A TOTAL DISTANCE OF 13192.96 FEET
TO A CALCULATED POINT ON THE FERC/ REGULATORY LINE;
THENCE, WrIH THE FERCI REGULATORY LINE THE FOLLOWING TWELVE
(12) COURSES AND DISTANCES:
1) N 30°-11' 29" E, A DISTANCE OF 106.20 FEET TO A CALCULATED POINT;
2) N 23- 43'-I8" E, A DISTANCE OF 155.74 FEET TO A CALCULATED POINT;
3) ITT 30°-43'-09" E, A DISTANCE OF 103.78 FEET TO A CALCULATED POINT;
4) N 55°-37'-01" E, A DISTANCE OF 79.96 FEET TO A CALCULATED POINT;
5) N 23°40'-39" E, A DISTANCE OF 86.58 FEET TO A CALCULATEDTOINT;
6) N 24' 21'-14" E, A DISTANCJS OF 93.12 FEET TO A CALCULATED POINT;
7) N 47°-23'-09" E, A DISTANCE OF 107.97 FEET TO A CALCULATED POINT;
8) N 55°46'-05" E, A DISTANCE OF 87.55 FEET TO A CALCULATED POINT;
9) N 49"-02'-23" E, A DISTANCE OF 116.6 FEET TO A CALCULATED POINT;
-' 10) N 58°44'-18" E, A DISTANCE OF 105.83 FEET TO A CALCULATED POINT;
11) N 729-49'-55" E, A DISTANCE OF 65.74 FEET TO A CALCULATED POINT;
12) N 52°45'-29" E, A DISTANCE OF 53.83 FEET TO A CALCULATED POINT IN
THE CENTER LINE OF LONG CREEK;
THENCE, WITH THE CENTER LINE OF LONG CREEK THE FOLLOWING THREE '
(3) COURSES AND DISTANCES
1) N 520-45'29" E, A DISTANCE OF 3.57 A CALCULATED POINT;
2) N 26"-391r11" E, A DISTANCE OF 86.27 A CALCULATED POINT; It
3) N 18°46'-52" E, A DISTANCE OF 86A3 A CALCULATED POINT;
THENCE, DEPARTING LONG CREEK, N 84--59'-00" -W. PASSING A SET #5
WITNESS REBAR WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY, INC.)
AT 50.00 FEET AND CONTINUING ANOTHER 888.18 FEET FOR A TOTAL DISTANCE
OF 938.18 FEET TO A SET #5 REBAR WITH PLASTIC CAP INSCRIBED "THE SURVEY
COhIPANY, INC.;
T`H ,NCE, WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A
RADIUS OF 100.00 FEET, AN ARC LENGTH OF 274.11 FEET AND A CHORD OF 196.00
C-7
PPAB 2024907v?

FEET BEARING N 860-17'-34" W TO A SET #5 REBAR WITH PLASTIC CAP INSCRIBED
"THE SURVEY COMPANY, INC.);
THENCE, S 570-53'-48" W, A DISTANCE OF 222.93 FEET TO A SET #5 REBAR
WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY, INC.);
THENCE, S 51 °-20'-54" W, A DISTANCE OF 334.69 FEET TO A SET #5 REBAR
WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY, INC.);
THENCE, N 86'-03'-36" W, A DISTANCE OF 166.39 FEET TO A SET #5 REBAR
WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY, INC.);
THENCE, WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A
RADIUS OF 100.00 FEET, AN ARC LENGTH OF 52.55 FEET` AND A CHORD OF 51.95
FEET BEARING S V-00'-38" W TO A SET #5 REBAR WITH PLASTIC CAP INSCRIBED
"THE SURVEY COMPANY, INC.);
THENCE, S 56°-59'-49" W, A DISTANCE OF 56.58 FEET TO A SET #5 REBAR
WITH PLASTIC CAP INSCRIBED "THE SURVEY COMPANY, INC.);
THENCE, S 46%56'-01" E, A DISTANCE OF 75.61 FEET TO THE POINT OF
B1&GII4NWG AND CONTAINING 22.385 ACRES OR 975,112 SQUARE FEET OF LAND
ALL ACCORDING TO THAT MAP TITLED "RECOMBINATION PLAT OF REVENTURE
PARK INVESTMENT 1, LLC TRACTS 1,2,3 ' & 4 - LONG CREEK WASTE WATER
TREATMENT PLANT" PREPARED BY THE SURVEY COMPANY, INC., DATED JUNE
15, 20121 SIGNED AND SEALED BY MICHAEL C. SAWHILL, NCPLS #L-3223, TO
WHICH REFERENCE IS HEREBY MADE.
In the event that the above metes and bounds legal description of Tract C encompasses
property lying outside of the boundaries of Tract I as shown on plat titled "Exempt Subdivision
Map foie.. Clariant Corporation" •recorded. in *Map Book 52, .Page 643 in *the Office of the
Mecklenburg County Register of Deeds (any such property lying outside the boundaries of Tract
1 is refefted to as the "Excepted Property' j, then the boundaries of Tract 1 as shown on that
plat shall control and the Excepted Property is not part of Tract C and will not be conveyed by
'Seller to Buyer.
C-8
PPAD 2024907v7
4

EXHIBIT D
ESCROW PROVISIONS
. 1. In performing any of its duties as Escrow Agent, and except for damages, losses
or expenses arising out of the gross negligence or willful misconduct of Escrow Agent, Escrow
Agent shall not incur any liability to anyone for any damages, losses or expenses, including
(a) any action taken or omitted in good faith upon advice of its legal counsel given with respect
to any questions relating to the duties and responsibilities of Escrow Agent under the Agreement;
or (b) any action taken or omitted in good faith reliance upon any written notice or instruction
provided for in the Agreement. Escrow Agent may rely upon any written notice or -instruction
provided for in the Agreement as being duly executed, valid and effective, and as containing
accurate information and genuine signatures.
2. Notwithstanding anything in the Agreement to the contrary, in the event of a
dispute between Seller and Buyer arising prior to or at the time of the delivery or other
disposition of the Deposit by Escrow Agent pursuant to the Agreement, which dispute shall be
sufficient, in the sole discretion of Escrow Agent, to justify its doing so, Escrow Agent shall be
entitled tb tender the Deposit into the registry or custody of any dourt of competent jurisdiction,
together with such legal pleadings as it may deem appropriate, and thereupon Escrow Agent
shall be discharged from all further duties and liabilities under the Agreement. Any such legal
action may be brought in such court as Escrow Agent shall determine to have jurisdiction
thereof. Escrow Agent's reasonable determination of whether a dispute exists between Seller
and Buyer shall be binding and conclusive upon all parties hereto, notwithstanding any
contention that no dispute exists. All costs and expenses incurred by Escrow Agent in taking any
action pursuant to this paragraph shall be covered by and paid pursuant to the indemnification of
Escrow Agent contained in the following paragraph,
3. Seller and Buyer shall and do hereby jointly and severally indemnify, defend and
hold Escrow Agent harmless from, against and in respect of: (a) any and all demands, judgments,
expenses, costs, losses, injuries or claims of any kind whatsoever whether existing on the date
hereof or hereafter arising, incurred by Escrow Agent by reason of, from or in connection with '
the Agreement or any action taken or not taken by Escrow Agent under or in connection with the
Agreement, except for any such demands, judgments, expenses, costs, losses, injuries or claims
arising out of the gross negligence or willful misconduct of Escrow Agent; and (b) any and all
counsel fees, expenses, disbursements of counsel, amounts of judgments, demands, assessments,
costs, fines or penalties, and amounts paid in compromise or settlement, incurred or sustained by
Escrow Agent by reason of, in connection with or as a result of any claim, demand, action, suit,
investigation or proceeding (or any appeal thereof or relating thereto or other review thereof)
incident to the matters covered by the immediately preceding clause (a).
4. If Escrow Agent shall notify Seller and Buyer of its desire to be relieved of any
further duties and liabilities hereunder, then Escrow Agent shall deliver the Deposit to a
successor escrowee designated by Seller and Buyer. If Seller and Buyer shall fail to agree upon
and designate a successor escrowee within two days after having been requested by Escrow
Agent to do so, then Escrow Agent shall in its discretion designate the successor escrowee. The
successor escrowee designated by Seller and Buyer or by Eseirow Agent, as the case may be,
D-1
PPAB 20249070

shall be a bank or trust company having trust powers in good standing and located in Charlotte,
North Carolina, and shall agree to be bound by all the tenns and conditions of the Agreement.
Immediately upon agreement by the successor escrowee to be bound by all the teens and
conditions of this agreement, the original escrowee shall be relieved of any and all duties and
liabilities under or in connection with the Agreement accruing after the date of the delivery of the
Deposit to the successor escrowee; provided, however, that no successor escrowee shall assume
any liability for the acts or omissions of its predecessor escrowee(s) under the Agreement.
5. The agency created in Escrow Agent hereby is coupled with an interest• of Seller
and Buyer and shall be binding upon and enforceable against the respective successors, legal
representatives and assigns of Seller and Buyer. The escrow shalt not be revoked or terminated
by reason of the dissolution or liquidation of Seller or Buyer but shall continue to be binding
upon and enforceable against the respective successors, legal representatives and assigns of
Seller and Buyer in the manner provided in this ExMbit D. In the event of the dissolution or
liquidation of Seller and Buyer, Escrow Agent may rely and act upon any notices permitted or
required to be given hereunder from any person, firm, partnership or corporation believed by
Escrow Agent in good faith to be the successor, legal representative or assign of such dissolved -
or liquidated party.
t
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Peas 20249070
r-

AOwA
EXHIBIT E
PURCHASRPRICE
Acres
$/Acres
Value
Tract A
Unencumbered
52.234
$50,000
$2,611,700
Conservation/Deed Restr
28..641
$12,500
$358,013
Floodplain
6.24
$25,000
$156,000
Watershed
0
$25,000
$0
Duke Easement Area
15.034
$50,000
$751,700
l
Acres
$/Acre
Value
Tract B
Unencumbered
33.897
$50,000
$1,694,850
Conservation/ Deed Restrict
22.628
$12,500
$282,850
Floodplain
0.073
$25,000
$1,825
Watershed
0,12
$25,000
$3,000
Acres
$lAcre
Value
Tract C
Unencumbered
11.727
$50,000
$586,350
Conservation/ Deed Restrict
10.643
$12,500
$133,038
Floodplain
0.015
$25,000
$375
Watershed
0
$25,000
$0
. . ........
lto� t
(See attached map on following page)
E-1 I
PPAB 2024907v7

EXHIBIT F
PERMITTED ENCUMBRANCES
1. Ad valorem taxes for the year of Closing;
2. Matters that would be shown on a current and accurate survey of the Property;
3. All easements, covenants, restrictions and conditions of record, including, but not
limited to, the following:
(a) Long Creek Bast: [Tracts 2 &• 2b] Deed of Conservation Easement recorded in
Book 26977, Page 618 in the Registry;
(b) Long Creek 'Test [Tracts 4 & 5) Deed of Conservation Easement recorded in
Book 26977, Page 657 in the Registry;
(c) Declaration of Covenants and Restrictions recorded in Book 26977, Page 678
in the Registry; _
(d) Trail and Parking- Easement Agreement recorded in Book 26977, Page 639 in
the Registry;
(e) Access Easement Agreement recorded in Book 26977, Page 693 in the
Registry;
• 4. All easements, restrictions and rights -of -way as may be apparent fiom an
inspection of the Property;
5. All zoning, subdivision, land use and other laws, regulations or ordinances
applicable to the Property;
b. , Any matters arising out of Buyer's operations on the Property prior to Closing;
and
7. Notice of Brownfiields Property recorded in Book , Page in the
Registry. .
F-1
YYAB 2024407%-7

LI.RZBrr G
CLA►RiANT TRACT
That approximately 351.817 acre tract designated as "Tract I" on the plat recorded in Plat Book
52, Page 643 in the Registry ("Tract 1), LESS AAD EXCEPT that portion of Tract 1 depicted
as "Tract C" on the Recombination Plat.
G-i
PPAB 2024407Y7

EXEaBIT x
(INTRNTIONALLY DELETED)
PPA82024907Y7
•

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A.ceess Road
PPAS MONO
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EXHIBIT I
TEMPORARYACCESS
A
EASEMENT AREA 5
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. Temporary Access Easement Agreement
TEMPORARY ACCESS EASEMENT AGREEMENT
THIS 'TEMPORARY ACCESS EASEMENT AGREEMENT ("Agreement") is
entered into , 20 by CLARL4NT CORPORATION a New York
corporation ("Clarianf ), and the CITY OF CHARLOTTE, a municipal corporation ("C1W').
A. Clariant owns the real property located in Mecklenburg County, North Carolina,
designated as "Tract 1" ("Tract 1") on the plat recorded in Map Book 52, Page 643 in the
Mecklenburg County Public Registry (Registry), less and except that portion of Tract 1
depicted as "Tract C" on Plat {`Plat") recorded in Map Book , , Page in the Registry
("Clariant Property"). .
B. • City owns the real property located in. Mecklenburg County, North Carolina,
-designated as "Tract A", "Tract B" and `"Tract C" on the Plat ("City Property").
C. City intends to construct a bridge over Long Creek that will connect Tract A with
Tact B -and Tract C (Bridge).
D. Clariant has agreed to grant for the benefit of City a temporary access easement
v over and across the portion of Clariant Property designated as "Access Road" on Exhibit A
("Access Easement Area').
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are ackmowledged, Clariant and City agree as follows:
1. Grant of Easement. Clariant grants for the benefit of City a non-
exclusive temporary easement ("Access Easement") over and across the Access Easement Area
for pedestrian and vehicular ingress, egress -and regress as reasonably necessary for the sole
purpose of mobilizing equipment and materials nedeessary for the construction of the Bridge. The
Access Easement is granted subject to all conditions, covenants, restrictions, easements and other
matters of record, to any matters that would appear on a current and accurate surrey of the
Access Easement Area and to all subdivision ordinances, zoning ordinances, land use regulations
and other laws, regulations or ordinances applicable to the Access Easement Area. The Access
Easement shall terminate on the earlier of: (i) the date on which the Bridge is substantially
complete such that vehicles can cross the Bridge; and (U) January 1, 2018.
2. Terms of Easement.
(a) ' Use of Access Easement. The intersection of the Access Easement
Area and Highway 27 shall be used by the City as an entrance onto the Access Easement Area
and shall not be used by the City as an ,exit fiom the Access Easement Area. onto Highway.27.
eml� The intersection of the Access Easement Area and Belmeade Drive shall be used by the City as
an exit from the Access Easement Area onto Belmeade Drive and may not be used by the City as
r-1
PPas 20249070

an entrance to the Access -Easement Area. The Access Easement Area may be used solely for
access to City Property for the purpose of mobilizing equipment and materials necessary for the
construction of the Bridge. Accordingly, the Access Easement Area may not be used by City in
connection with the construction of any wastewater treatment facilities, or any other structures or
facilities, on the City Property except as set forth in the preceding sentence. To the maximum
extent reasonably possible in connection with the mobilization of equipment and materials
necessary for the construction of the Bridge, City shall access the area of the Bridge from Tract
A. City shall limit its use of. the Access Easement Area to occasions when the mobilization of
equipment and materials can not be accomplished through Tract A. In no event shall the Access
Easement Area be used for the removal of dirt or debris from the area of the Bridge (and all such
dirt and debris shall be removed through Tract A). Except in connection with the mobilization of
equipment and materials necessary for the construction of the Bridge, contractors and others
working on the Bridge shall access the area of the Bridge through Tract A.
(b) No Obligation to Maintain. Clarant shall have no obligation to
maintain, repair or replace the road located in the Access Easement Area ("Road"), or any other
portion of the Access Easement Area.
(c) Damage. If City or any of its agents, invitees, contract6is,
employees or representatives, damages the Access Easement Area or the Road, then, within
thirty (30) days after demand therefor, the costs of repairing any such damage shall be paid by
City to Clariant dr the City shall make the necessary repairs to restore the road.
• (d) Relocation. Clariant may relocate, at its sole cost; the Access
Easement Area upon prior written notice to City. If Clariant elects to . relocate the Access
Easement Area, then Clariant shall construct at least a dirt road (consistent with the condition of
the dirt road then existing within the Easement Area) within the new easement area. Upon the
completion of that road and, at the sole cost of Clariant, an instrument specifying the location of
the new easement area shall be recorded in the Registry, and the Access Easement shall no
longer burden the portion of the Access Easement Area from which the Road was relocated, but
• shall -burden the new easement area. Upon the recording of such instruments -the new easement
area shall constitute part of the Access Easement Area.
(e) Continued Use of Easement Areas. Clariant shall have the right to
use theAccess Easement Area, including the frill use of the Road, in any manner which will not
prevent or unreasonably interfere with the use of the Road or the exercise of the easement rights
under this Agreement. • Any damage to the Road as a result of the use by Clariant will not be the
responsibility of the City.
3. Easement Appurtenant The Access Easement shall burden, and run
with title to, the Access Easement Area and benefit be appurtenant to and run with title to, ' the
City Property.
4. Covenant Ate, it Li_. City shall promptly pay and discharge on or
before the due date any claim or obligation for labor or materials furnished at the direction of
City which, if not paid or discharged, would result in a lien on the Property.
r4• .
J-2
rpas 2024907V7

W
5. Release; Indemnifiication.
(a) City acknowledges that the exercise of the rights granted to City
under this Agreement involves risks, including death, personal injury, property loss and property
damage, and City hereby agrees to accept and assume all risks. City shall not• hold Clariant, its
directors, officers, shareholders, agents, employees, affiliates, successors and assigns
(collectively, "Clariant Related Parties"), liable for any loss, injury or damage which may
occur to City or its property, and City hereby releases and discharges Clariant and the Clariant
Related Parties from (and covenants not to sue Clariant and the Clariant Related Parties for) *any
such loss, injury or damage or any claims related thereto.
(b) City shall indemnify, defend (with counsel acceptable to Clariant)
and hold harmless Clariant and the Clariant Related Parties from and against all liens, claims of
lien, losses, fines, penalties, liabilities, claims, demands, causes of action, costs and expenses
(including reasonable attorneys' and consultants' fees) arising in any :Wanner, directly or
indirectly, out of or by reason of: (i) the activities of and/or presence of City, its agents, invitees,
contractors, employees or representatives upon or about the Clariant Property; and (ii) City's or
its agents, invitees, contractors; employees or representatives breach of any of representations,
warranties or obligations under this Agreem' eat.
6. Insurance. City shall maintain Commercial General Liability Insurance
against claims for personal injury or death and property damage in an amount of not less than
$2,000,000.00 per occurrence and aggregate limits of not less than $5,000,000.00, commercial
auto liability insurance and such workers' compensationlemployer's liability insurance as
required by law. If City enters into any agreements that necessitate access to the Property by
City's contractors, then such agreements shall require that City's contractors maintain
Commercial General Liability Insurance in the above amounts, commercial auto liability
insurance and workers' compensation/employer's liability insurance. All liability policies
required by this Section 6 shall: (a) be issued by insurers that are authorized to issue the
applicable insurance in the state where the Property is located and are reasonably acceptable to
- - Clariant; (b) name Clariant as an additional insured; (c) contain a provision -ley which the insurer
will give Clariant at least 30 days prior written notice before making any material change in the
nature or extent of the coverage provided under such policies and/or canceling or terminating
such policies; and (d) contain a provision by which City's policies are primary to and non-
contributory with any coverage that Clariant may have in effect. Prior to exercising any rights
under this Agreement, City shall provide Clariant with evidence satisfactory to Clariant of the
policies required by this Section 6. Notwithstanding the foregoing, City may provide the
required insurance and proof of such insurance under a qualified self -funded insurance program
in accordance with the teams and provisions of the letter to be provided by City. North Carolina
law prohibits the naming of additional insureds under self -funded programs.
7. Governing Law This Agreement shall be governed by North Carolina
law:
• 8. Binding Effect This Agreement shall be binding upon and inure to the
benefit bf the parties hereto and their respective successors and assigns.
J-3
PPAQ202490W

9. interpretation. Except as otherwise specified in this Agreement; (a)
✓ "includes" and "including" mean includes or including by way of illustration and not by way of
limitation; (b) "may" is permissive; (c) references to Exhibits, Sections or subsections are to
those attached to or included in this Agreement, and allExhibits are incorporated into this
Agreement; and (d) the section and other headings in this Agreement are for convenience only
and do not litnit or expand any provisions of this Agreement.
10.. Severability. If any provision of this Agreement is held to be invalid or
unenforceable, then such provision will * be fully severable from this Agreement; and the
remaining provisions of this Agreement will remain in full force and effect and will not be
affected thereby. Furthermore, in lieu of such invalid or unenforceable provision, there shall be
added automatically as a part of this Agreemett a valid and enforceable provision as similar in
terms to such invalid or unenforceable provision as may be reasonably possible.
11. Notice. Any notice contemplated by this Agreement must be in writing, .
addressed as set forth in the records maintained by the Mecklenburg County Tax Assessor's
Office and shall be either (a) sent by United States Mail, postage prepaid, registered or certified
mail, return receipt requested, in which case -the notice will be deemed delivered two (2) business
days 'after being deposited in the United States snail; (65 'sent'by overnight •delivery using a
nationally recognized overnight courier, in which case the notice shall be deemed delivered one
(1) business day after deposit with such courier; (c) sent by facsimile, in which case the notice
shall be deemed delivered upon confirmed transmission of such notice;. provided that no later
than the next business day afterthe facsimile is sent, a hard copy of the facsimile transmission is
also sent in the manner set forth in (a), (b) or (d) of this subsection; or (d) sent by personal
delivery, in which case the notice will be deemed delivered on the date of delivery.
12. Stu-vival. The terms of Sections 2(c), 4, 5, 7-10, and 11-13 shall survive
the expiration or earlier termination of this Agreement.
13. Amendment. No provision of this Agreement may be amended without
the prior written consent• of Clariant and City. • ....
TO HAVE AND �TO HOLD the Access Easement granted herein, together with all
privileges and appurtenances thereunto belonging, for the use 'and purposes• aforesaid unto the
parties hereto, their successors and assigns, for the term specified in this Agreement.
[SIGNATURE PAGES .FOLLOW] s
J-4
PPAA 2024907Y7

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day
and year first above written.
CLARIANT CORPORATION,
a New York corporation
By.
Name:
Its:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENEURG
a Notary Public of County and State
of North Carolina, do hereby certify that - C Signatory'), personally came
before me this day and acknowledged that- he is of CLA►RIANT
CORPORATION, a New York corporation, and that he, as , being authorized
to do so, executed the foregoing instrument on behalf of the corporation.
I Certify that the Signatory personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatory); or
(I have seen satisfactory evidence of the - Signatory's identity, by a current
`state or federal identifiicatibn with the Signatory's photograph in the form of:
(check one of the following
a driver's license. orin the form of ); or
(a credible witness has sworn to the identity of the Signatory).
The Signatory acknowledged to me that he voluntarily signed the foregoing instrument
for the purpose stated and in the capacity indicated.
Witness my hand and official stamp or seal this day of , 2013.
Notary Public
Print Name:
[Note. Notary Public must sign exactly as on nolwy.seaq
My Commission Expires:
r"1 [NOTARY SEAL] (MUST BE FULLY LEGIBLE) - -
J5 .
PPAB 2024907,07

CITY Ole' CHARLOTTE,
a municipal corporation
By:
Name:
Title:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, , a Notary Public of County and
State of North Carolina, do hereby certify that
("Signatory"), personally came before me'"this day and acknowledged thai * he/she is
of CITY OF- CHARLOTTE; a municipal corporation, and that he, as
being authorized to do so, executed the foregoing instrument
on behalf of the municipal corporation.
I certify that the Signatory personally appeared before me this day, and
(check one of the following,)
(I have personal knowledge of the identity of the Signatory); or
(I have seen satisfactory evidence of the Signatory's identity, by a current
state or federal identification with the Signatory's photograph in the form of.
(check one of the following)
a driver's license or
in the form of - ), or
(a credible witness has sworn to the identity of the.Signatory).
The Signatory acknowledged to one that he voluntarily signed the foregoing instrument
for the purpose stated and in the capacity indicated.
Witness my hand and official stamp or seal this day of , 2013.
Notary Public
Print Name:
fNote: ,rotary Public must sign exactly as on notaq seal]
My Commission Expires:
�u [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
36
PPA82024907v7

f
PPAB 2024907v7
EX33BZT A
to
Temporary Access Easement Ageement
ACCESS BASE, IVIR NT AREA
(Temporary)

Attachment # 5

Permit Modification Language for Nutrient Allocation
Clariant's Current Permit
The reduction in Clariant's nutrient mass limitations reflect a 90% nutrient allocation transfer of 287
pounds/day Total Nitrogen and 36 pounds/day Total Phosphorus to the City of Charlotte's proposed
Regional WWTP. The allocation transfer and subsequent reduction in Clariant's nutrient mass
limitations will become effective upon the Division's receipt of both (a) an Engineer's Certificate of
Construction Completion for the Charlotte Regional WWTP, and (b) written notification from Clariant
authorizing such nutrient transfer. Clariant's reduced mass nutrient limitations are based on a 12-
month rolling average (refer to Section A.(4)).
Clariant's Proposed Permit
The reductions in Clariant's nutrient mass limitations reflect a 90% nutrient allocation transfer of 287
pounds/day Total Nitrogen and 36 pounds/day Total Phosphorus to the City of Mt. Holly and the City
of Belmont in the following amounts:
City of Mt. Holly: 223 pounds/day of Total Nitrogen and 36 pounds/day of Total
Phosphorous
City of Belmont: 64 pounds/day of Total Nitrogen and 0 pounds/day of Total Phosphorous
The allocation transfer and subsequent reduction in Clariant's nutrient mass limitations will become
effective upon the NC Division of Water Quality's receipt of written notification from Clariant
authorizing such nutrient transfer. Clariant's reduced mass nutrient limitations are based on a 12-
month rolling average (refer to Section A.(4)).
Belmont Proposed Permit
The daily limits for Total Nitrogen and Total Phosphorous set forth in this Permit include the transfer
of 64 pounds/day of Total Nitrogen and 0 pounds/day of Total Phosphorous from the permit held by
Clariant Corporation. This transfer reflects the terms of an agreement between Clariant and the City of
Charlotte to reduce and transfer a total of 287 pounds/day Total Nitrogen and 36 pounds/day Total
Phosphorus from the Clariant permit in anticipation of the construction and operation of the Charlotte
Regional WWTP, as described in Clariant's permit. Notwithstanding the limits set forth in this Permit,
Belmont agrees to maintain its discharge such that the total allocation of nitrogen and phosphorus
prescribed by the TMDL for Belmont and Mt Holly, including the allocation previously permitted to
Clariant to Lake Wylie, is met.
Upon receipt of both (a) an Engineer's Certificate of Construction Completion for the Belmont
Wastewater Transfer Liftstation, and (b) written notification from Belmont, the entire Total Nitrogen
and Total Phosphorus allocation within this permit shall be transferred to the Charlotte Regional

WWTP permit (414 pounds/day Total Nitrogen and 58 pounds/day Total Phosphorus). It is
understood that as condition of this nutrient transfer Belmont will transfer all wastewater flows
currently treated under this permit to Charlotte Mecklenburg Utilities for treatment as described in the
Record of Decision for the Long Creek Regional Wastewater Treatment Plant Environmental Impact
Statement and will cease operation of the facility subject to this permit.
In the event the Charlotte Regional WWTP is not constructed or cannot be constructed, the nutrient
allocations described above and the allocation placed in the Mt Holly permit (2231bs/day of Total
Nitrogen and 36 lbs/day of Total Phosphorus) from the Clariant permit will become a permanent
allocation to this permit once Belmont has reimbursed Charlotte for the Nutrient Allocation as
described in the Memorandum of Agreement and/or Interlocal Agreement and provided proof of such
reimbursement to NC Division of Water Quality.
Mount Holly Proposed Permit
The daily limits for Total Nitrogen and Total Phosphorous set forth in this Permit include the transfer
of 223 pounds/day of Total Nitrogen and 36 pounds/day of Total Phosphorous from the permit held by
Clariant Corporation. This transfer reflects the terms of an agreement between Clariant and the City of
Charlotte to reduce and transfer a total of 287 pounds/day Total Nitrogen and 36 pounds/day Total
Phosphorus from the Clariant permit in anticipation of the construction and operation of the Charlotte
Regional WWTP, as described in Clariant's permit. Notwithstanding the limits set forth in this Permit, ''mo^s
Mt. Holly agrees to maintain its discharge such that the total allocation of nitrogen and phosphorus
prescribed by the TMDL for Belmont and Mt Holly, including the allocation previously permitted to
Clariant to Lake Wylie, is met.
Upon receipt of both (a) an Engineer's Certificate of Construction Completion for the Charlotte
Regional WWTP, and (b) written notification from Mt Holly, the entire Total Nitrogen and Total
Phosphorus allocation within this permit shall be transferred to the Charlotte Regional WWTP permit
(523 pounds/day Total Nitrogen and 86 pounds/day Total Phosphorus). It is understood that as
condition of this nutrient transfer Mt Holly will transfer all wastewater flows currently treated under
this permit to Charlotte Mecklenburg Utilities for treatment as described in the Record of Decision for
the Long Creek Regional Wastewater Treatment Plant Environmental Impact Statement and will cease
operation of the facility subject to this permit.
In the event the Charlotte Regional WWTP is not constructed or cannot be constructed, the nutrient
allocations described above will become a permanent allocation to the Belmont permit once Belmont
has reimbursed Charlotte for the Nutrient Allocation as described in the Memorandum of Agreement
and/or Interlocal Agreement and provided proof of such reimbursement to NC Division of Water
Quality.

Attachment # 6

e4nb�
STATE OF NORTH CAROLINA
COUNTY OF AIECILENBURG CONTRACT
THIS CONTRACT is made and entered into this day of Q;c 20J
.3 by and
between the City of Belmont, North Carolina (`Belmont") and the City of Chavlotte, North Carolina
("Charlotte").
STATEMENT OF PURPOSE
Whereas, Charlotte (acting through the Charlotte -Mecklenburg Utility Department - "CMUD") intends
to purchase the Nutrient Allocation (36 lbs of phosphorus (P) and 286.65 lbs of nitrogen (N)) within the
NPDES permit for the Clariant Wastewater Treatment Plant. This amount equates to 90% of the total
Clariant Nutrient Allocation.
Whereas, ifthe Long Creek Regional Wastewater Treatment Plant is not constructed, Charlotte desires
to sell, and Belmont desires to purchase the 90% Nutrient Allocation at the negotiated price of
$5,850,000, as outlined in the terms and conditions in the Agreement,
AND
Whereas, Charlotte and Belmont have entered into a Memorandum of Agreement (MOA), dated
August 22, 2011, which outlines the conceptual agreement between Charlotte and Belmont regarding the
scope, schedule, and financial obligations for each party for the treatment of Belmont wastewater at
existing or future CMUD plants,
NOW, THEREFORE, in consideration of the premises herein set forth, Charlotte and Belmont agree
on the following:
1. Subsequent to Charlotte's purchase of Clariant's Nutrient Allocation, in the event that
Charlotte is not able to acquire a NPDES permit for the proposed Long Creek Regional
Wastewater plant or if, in Charlotte's sole discretion, Charlotte determines that the plant is no
longer viable for economic or any other reason, then Belmont agrees it shall purchase the
Nutrient Allocation that Charlotte has purchased from Clariant.
2. Belmont agrees to pay Charlotte the sum of $5,850,000 for the 90% Nutrient Allocation
which equates to 36 lbs of Phosphorus and 286.65 lbs ofNitrogen.
In the event that Charlotte is required to take legal action to collect the funds owed, each
party will be responsible for their own legal fees and charges. Any dispute between the
parties shall be referred to mediation prior to institution of legal action by either party.
3. If Charlotte purchases any additional Clariant Nutrient Allocation beyond the 90% Nutrient
Allocation originally purchased, that Nutrient Allocation may also be purchased by Belmont

at Charlotte's cost under the same terms and conditions outlined for the 90% Nutrient /O"N
Allocation.
4. If Charlotte does determine that the Long Creek Regional Wastewater Plant is not feasible
and that Belmont should purchase the Nutrient Allocation, Charlotte warrants that it will not
make a request for payment any sooner than December 31, 2015 or two years from giving
written notice to Belmont for the purchase, whichever is the later date. BeImont's
requirement to purchase is contingent upon Belmont obtaining financing acceptable to them
or upon Charlotte allowing Belmont to extend payment over a period not to exceed 59
months.
5. In the event that construction of the Long Creek Regional Wastewater Treatment Plant is no
longer viable and the Nutrient Allocation is no longer transferrable to Belmont due to
regulatory actions or other constraints beyond the control of Charlotte or Belmont, then
neither party is liable to the other and neither party would be considered in breach of this
agreement.
6. If the decision is made to request Belmont to purchase the Nutrient Allocation in the future
but the Nutrient Allocation has been reduced through regulatory actions beyond the control of
Charlotte, then Belmont agrees to purchase the remaining share of the allocation based- on a
prorated amount of the remaining allocation to the original total.
7. This is the entire agreement between the parties. There are no terms on the subject matter of
this Contract which are not set'forth herein. This Contract may not be amended except by a
written document, executed by both parties.
IN WITNESS W EREOF, the parties here to have caused this instrument to be executed, the day and
year first above written.
CITY OF BELMONT, NORTH CAROLINA
ATTEST:
1--, �-1-70 i, . 1. J
BY: Witness: ( �>
City , ger City Clerk -- 1
`
�J
CITY OF CHARLOTTE, NORTH CAROLINA
ATTEST:
BY: 1, Witness: ()MM&LA,
City Manager er
�d i (� - CA SSA

Attachment # 7