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HomeMy WebLinkAboutWQ0000088_Renewal Application_20240312Initial Review Reviewer nathaniel.thorn burg Is this submittal an application? (Excluding additional information.) * Yes No Permit Number (IR) * WQ0000088 Applicant/Permittee Aqua North Carolina, Inc. Applicant/Permittee Address 202 MacKenan Drive, Cary, NC 27511 Is the owner in BIMS? Yes NO Is the facility in BIMS? Yes No Owner Type Facility Name County Fee Category Major Is this a complete application?* Yes No Signature Authority Signature Authority Title Signature Authority Email Document Type (if non -application) Email Notifications Organization Governors Club WWTP Chatham Does this need review by the hydrogeologist? * Yes No Regional Office CO Reviewer Admin Reviewer Fee Amount $0 Complete App Date 03112/2024 Below list any additional email address that need notification about a new project. Email Address Comments to be added to email notfication Comments for Admin Comments for RO Comments for Reviewer Comments for Applicant Submittal Form Project Contact Information Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence. Name* Andrew Norris Email Address* ABNorris@aquaamerica.com Project Information ......................... Application/Document Type* New (Fee Required) Modification - Major (Fee Required) Renewal with Major Modification (Fee Required) Annual Report Additional Information Other Phone Number* 919-653-6975 Modification - Minor Renewal GW-59, NDMR, NDMLR, NDAR-1, N DAR-2 Residual Annual Report Change of Ownership We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form. https://edoes.deq.nc.gov/Forms/NonDischarge_Monitoring_Report Permit Type:* Wastewater Irrigation High -Rate Infiltration Other Wastewater Reclaimed Water Closed -Loop Recycle Residuals Single -Family Residence Wastewater Other Irrigation Permit Number:* WQ0000088 Has Current Existing permit number Applicant/Permittee* Aqua North Carolina, Inc. Applicant/Permittee Address* 202 MacKenan Drive, Cary, NC 27511 Facility Name* Governors Club WWTP Please provide comments/notes on your current submittal below. Resubmittal of permit renewal application for Governor's Club. At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg at nathaniel.thornburg@ncdenr.gov. Please attach all information required or requested for this submittal to be reviewed here. (Application Form, Engineering Plans, Specifications, Calculations, Etc.) WQ0000088 Governors Club Renewal Application Package 28.68MB -240312.pdf Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger than upload limit. * By checking this box, I acknowledge that I understand the application will not be accepted for pre -review until the fee (if required) has been received by the Non -Discharge Branch. Application fees must be submitted by check or money order and made payable to the North Carolina Department of Environmental Quality (NCDEQ). I also confirm that the uploaded document is a single PDF with all parts of the application in correct order (as specified by the application). Mail payment to: NCDEQ — Division of Water Resources Attn: Non -Discharge Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Signature La" Submission Date 3/12/2024 AQUA. An /Essential Utilities Company March 12, 2024 NCDEQ / DWR / NON -DISCHARGE BRANCH Re: Application for Non -Discharge Permit Renewal Aqua North Carolina, Inc. Permit No. WQ0000088 Governors Club WWTP Reclaimed Water Generation and Dedicated Utilization System Chatham County Enclosed is a single PDF file of the completed application. This submittal includes the necessary attachments for your office to renew the subject permit. Should you need any additional information or assistance, please feel free to contact Project Engineer, Andrew Norris @ 919-653-6975 or by e-mail at ABNorrisPaauaamerica.com. Sincerely, Andrew Norris, PE Project Engineer Enc 202 MacKenan Court, Cary, NC, 27511 919.653.6975 • ABNorris@aquaamerica.com DWR State of North Carolina Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02T .0500 — WASTEWATER IRRIGATION SYSTEM — RENEWAL FORM: WWIS-R 02-21 Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A NCAC 02T .0100, 15A NCAC 02T .0500, and Division Policies. For more information, visit the Water Quality Permitting Section's Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments uploaded as a single Portable Document Format (PDF) file to httns://edocs.dea.nc.2ov/Forms/NonDischar2e- Branch-Submittal-Form-Ver2, or entailed to Non-Discharge.Renortsna,ncdenr.2ov if less than 20 megabytes (MB). SECTION I — APPLICANT INFORMATION 1. Applicant: AQUA NORTH CAROLINA, INC. 2. Permit No.: WQ0000088 3. Signature authority: Lauren Raup-Plummer, PE Phone number: (919) 653-6977 Office Title: Engineering Manager Email: LARaupPlummer(oaquaamerica.com 4. Mailing address: 202 Mackenan Ct. City: Cary State: NC Zip: 27511- 5. Contact person: Andrew Norris, PE Primary phone number: (919) 653-6975 Select Email: ABNorris@aquaamerica.com Secondary phone number: (910) 309-1096 Select SECTION II — FACILITY INFORMATION 1. Physical address: 12222 Morehead City: Chapel Hill 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 35.837298' Longitude:-79.296720' County: Chatham State: NC Parcel No.: 80617 Zip: 27517- Method: Navigation quality GPS 1. SECTION III — FLOW INFORMATION Permitted flow: 300000 GPD (The maximum allowable flow based on what has been permitted) 2. As -built flow: 300000 GPD (The maximum allowable flow based on what has been constructed) 3. Average flow: 101128 GPD (The average of all reported flows on the previous calendar year's NDMRs) 4. Hydraulic capacity: 34 % (Divide the average flow in Item 3 by the As -built flow in Item 2) 5. Wastewater composition: Domestic: 100 % Industrial: % Stormwater: % SECTION IV — BILLING INFORMATION 1. Billing address: 202 Mackenan Ct. City: Cary State: NC Zip: 27511- 2. Verify the Applicant does not have any overdue annual fees: hUs://deg.nc. gov/about/divisions/water-resources/water-resources-permits/wq-epUments Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has an unpaid annual fee. FORM: WWIS-R 02-21 Page 1 of 6 DocuSign Envelope ID: 26131 D70E-A7EC-490A-95FD-80B5622080E6 Enclosure A -Revised Application Pages SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION 1. ORC: Roy Lyons Grade: IV Certification No.: 1005944 Mailing address: 7 Callahan Circle City: Durham State: NC Zip: 27703- Phone number: (919) 323-1213 Cell Email: rdlyons@aquaamerica.com 2. Back -Up ORC: Eric Riggins Grade: II Certification No.: 1000135 Mailing address: 3114 Hillendale Rd City: Durham State: NC Zip: 27705- Phone number: (919) 624-8275 Cell Email: eriggins@aquaamerica.com SECTION VI — OPEN -ATMOSPHERE STRUCTURES 1. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if necessary. Type Parcel No. Volume (gal) Liner Type Freeboard (ft) Latitude Longitude 5-Day Upset 80617 1,500,000 Unlined 9 35.8353040 -79.0311820 Treatment 80617 547,310 Full, metal 4 35.8372980 -79.0296720 Storage 80617 30,500,000 Unlined 4 35.8411880 -79.0353530 Select Select 0- ° SECTION VII — RELATED PERMITS 1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit. Attach additional sheets if necessary. Permit Type Permit No. Relationship Type Collection System WQCS000293 Discharging collection system Select Select Select Select Select Select SECTION VIII — MONITORING WELLS 1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary. Well Name Parcel No. Status Gradient Location Latitude Longitude MW-IA 72898 Active Downgradient Inside Review Boundary 35.8523020 -79.033414 MW-3A 72898 Active Downgradient Inside Review Boundary 35.8495200 -79.036890 MW-7 80617 Active Downgradient Inside Review Boundary 35.8355670 -79.031080 MW-9 72900 Active Downgradient Inside Review Boundary 35.839890 -79.0292350 Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° FORM: WWIS-R 02-21 Page 2 of 6 DocuSign Envelope ID: 26131 D70E-A7EC-490A-95FD-80B5622080E6 SECTION IX - IRRIGATION FIELDS 1. List all irrigation fields associated with the renewing permit. Attach additional sheets if necessary. Field County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 1 Chatham 72802 GOVERNORS CLUB INC 5.87 GOLF COURSE 35.8433330 -79.038889 2 Chatham 72904 GOVERNORS CLUB INC 9.08 GOLF COURSE 35.8405560 -79.041111 3 Chatham 72904 GOVERNORS CLUB INC 0.90 GOLF COURSE 35.8402780 -79.040278 4 Chatham 72902 GOVERNORS CLUB INC 6.40 GOLF COURSE 35.8377780 -79.038611 5 Chatham 72900 GOVERNORS CLUB INC 8.40 GOLF COURSE 35.8405560 -79.031944 6 Chatham 72899 GOVERNORS CLUB INC 7.14 GOLF COURSE 35.8427780 -79.033889 7 Chatham 72899 GOVERNORS CLUB INC 7.31 GOLF COURSE 35.8444440 -79.033330 8 Chatham 72899 GOVERNORS CLUB INC 7.38 GOLF COURSE 35.8472220 -79.033889 9 Chatham 72802 GOVERNORS CLUB INC 7.29 GOLF COURSE 35.8488890 -79.038611 10 Chatham 72898 GOVERNORS CLUB INC 5.56 GOLF COURSE 35.8500000 -79.034444 11 Chatham 72898 GOVERNORS CLUB INC 3.56 GOLF COURSE 35.8508330 -79.032500 12 Chatham 72898 GOVERNORS CLUB INC 2.59 GOLF COURSE 35.8513890 -79.033056 13 Chatham 72898 GOVERNORS CLUB INC 7.65 GOLF COURSE 35.8527780 -79.036111 14 Chatham 72802 GOVERNORS CLUB INC 2.90 GOLF COURSE 35.8508330 -79.039444 15 Chatham 72802 GOVERNORS CLUB INC 5.97 GOLF COURSE 35.8480560 -79.041667 16 Chatham 72904 GOVERNORS CLUB INC 8.34 GOLF COURSE 35.8430560 -79.041389 17 Chatham 72802 GOVERNORS CLUB INC 6.04 GOLF COURSE 3 5.843 611 0 -79.038889 18 Chatham 72802 GOVERNORS CLUB INC 10.81 GOLF COURSE 35.8450000 -79.0394440 19 Chatham 72802 GOVERNORS CLUB INC 17.08 GOLF COURSE 35.8494440 -79.0397220 20 Chatham 72907 GOVERNORS CLUB INC 3.80 GOLF COURSE 35.8486110 -79.045000 21 Chatham 72908 GOVERNORS CLUB INC 5.70 GOLF COURSE 35.8495190 -79.047577 22 Chatham 72908 GOVERNORS CLUB INC 6.00 GOLF COURSE 35.8530560 -79.050556 23 Chatham 72908 GOVERNORS CLUB INC 3.90 GOLF COURSE 35.8522220 -79.054167 24 Chatham 72908 GOVERNORS CLUB INC 4.20 GOLF COURSE 35.8494440 -79.058056 25 Chatham 72802 GOVERNORS CLUB INC 4.70 GOLF COURSE 35.8469440 -79.037222 26 Chatham 72907 GOVERNORS CLUB INC 5.70 GOLF COURSE 35.8466670 -79.047222 27 Chatham 80514 AQUA NORTH CAROLINA INC 3.12 GOLF COURSE 35.8394440 -79.041111 28 Chatham 80514 AQUA NORTH CAROLINA INC 8.60 GOLF COURSE 35.8377780 -79.045556 29 Chatham 80514 AQUA NORTH CAROLINA INC 9.52 GOLF COURSE 35.8363890 -79.049722 30 Chatham 80514 AQUA NORTH CAROLINA INC 10.07 GOLF COURSE 35.8341670 -79.056111 0 0 0 0 0 0 0 0 0 0 FORM: WWIS-R 02-21 Page 3 of 6 O O Total Acreage: 195.58 0 ATTACHMENT A — SITE MAP Was the facility originally permitted or had a major modification issued after September 1, 2006? ® Yes — Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0504(d). These requirements are: ® A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility -related structures and fences within the wastewater treatment, storage, and irrigation areas. ® Soil mapping units shown on all irrigation sites. ® The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage, and irrigation sites. ® Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108, and 15A NCAC 02T .0506(c) if applicable. ® Setbacks as required by 15A NCAC 02T .0506. ® Site property boundaries within 500 feet of all wastewater treatment, storage, and irrigation sites. ® All habitable residences or places of public assembly within 500 feet of all treatment, storage, and irrigation sites. ❑ No — Skip Attachment A. ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)? ® Yes — Skip Attachment B. ❑ No — Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign. ATTACHMENT C — FLOW REDUCTION Does the existing permit include an approved flow reduction? ® Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A NCAC 02T .0114(I). ❑ No — Skip Attachment C. ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Is the Applicant a Privately -Owned Public Utility? ® Yes — Pursuant to 15A NCAC 02T .0115(a)(1), submit the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise. ❑ No — Skip Attachment D. ATTACHMENT E — OPERATIONAL AGREEMENT Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold? ❑ Yes (Home/Property Owners' Association) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement (FORM: HOA). Pursuant to 15A NCAC 02T .0115(c), if the applicant is a legally formed Homeowners' or Property Owner's Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws. ❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement (FORM: DEV). Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the Articles of Incorporation, Declarations, and By-laws. ® No — Skip Attachment E. FORM: WWIS-R 02-21 Page 4 of 6 ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES Is the applicant a municipality, county, sanitary district, or public utility? ® Yes — Proceed to the next question. ❑ No — Skip Attachment F. Does the hydraulic capacity in Section III, Item 4 exceed 70%? ❑ Yes (the hydraulic capacity is greater than 70%, but less than 80%) — Pursuant to 15A NCAC 02T .01180 ), prior to exceeding 80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. ❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question. ® No — Skip Attachment F. If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%? ❑ Yes (the hydraulic capacity is greater than 80%) — Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. ❑ No — Skip Attachment F. ATTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, and irrigation system? ❑ Yes — Skip Attachment G. ® No — Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, and irrigation system on property not owned by the Permittee. ATTACHMENT H — AFFILIATIONS Are the Permittee's affiliations of record correct? Check affiliations. ® Yes — Skip Attachment H. ❑ No — Provide the corrected affiliations and their contact information. ATTACHMENT I — COMPLIANCE SCHEDULES Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit) ❑ Yes — Submit documentation that the compliance schedules have been met. ® No — Skip Attachment I. ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS Does the Permittee have any existing civil penalties or outstanding violations? ❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request. ❑ Yes (violations) — Submit a copy of your response to the Notice of Violation. ® No — Skip Attachment J. FORM: WWIS-R 02-21 Page 5 of 6 ATTACHMENT K—INDUSTRIAL WASTEWATER Does the wastewater composition in Section III, Item 5 include any industrial wastewater? ❑ Yes — Proceed to the next question. ® No — Skip Attachment K. Has the nature of the industrial wastewater changed since the last permit issuance (i.e., changes in industrial process, introduction of new materials or chemicals, etc.)? ❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 15A NCAC 02T .0504(h). Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ❑ No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ATTACHMENT L — SETBACK WAIVERS Does the existing permit include setback waivers? ® Yes — Pursuant to 15A NCAC 02T .0506(d), provide setbacks waivers that have been written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107. ❑ No — Skip Attachment L. APPLICANT'S CERTIFICATION I, Lauren Raup-Plummer attest that this applicati (Signature authority's name as noted in Section I, Item 3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application package are not completed, and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T .0120(b), that the applicant, or any parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance schedule in a permit, settlement agreement, or order; not paid an annual fee. Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106(b). An alternate person may be delegated as the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. DocuSigned by: Signature: -� Date: 3/12/2024 O!`RR Ff1�Rf1�7RAOR THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA: Email: Non-Discharl!e.Repo rts(a,ncden r.l!ov Laserfiche Upload: httns:Hedo cs.den.nc.gov/Forms/NonDischar2e-Branch- Submittal-Form-Ver2 FORM: WWIS-R 02-21 Page 6 of 6 DocuSign Certificate Of Completion Envelope Id: 7E8BO436ABDD4A218CA2AB668512532C Subject: Complete with DocuSign: APPLICATION WWI S-R-02-21—Governors Club.pdf Source Envelope: Document Pages: 6 Signatures: 1 Certificate Pages: 1 Initials: 0 AutoNav: Disabled Envelopeld Stamping: Disabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) Record Tracking Status: Original Holder: Lauren Raup-Plummer 3/12/2024 1:18:00 PM LARaupPlummer@aquaamerica.com Signer Events Signature Lauren Raup-Plummer o Sg Cby: LARaupPlummer@aquaamerica.com C—p"OAtr Engineering Manager 9C8BE09Bon�Bn9B... Aqua North Carolina, Inc. Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style (None) Using IPAddress: 144.202.188.252 Electronic Record and Signature Disclosure: Not Offered via DocuSign Status: Completed Envelope Originator: Lauren Raup-Plummer LARaupPlummer@aquaamerica.com IP Address: 144.202.188.252 Location: DocuSign Timestamp Sent: 3/12/2024 1:18:14 PM Viewed: 3/12/2024 1:18:18 PM Signed: 3/12/2024 1:19:21 PM Freeform Signing In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/12/2024 1:18:14 PM Certified Delivered Security Checked 3/12/2024 1:18:18 PM Signing Complete Security Checked 3/12/2024 1:19:21 PM Completed Security Checked 3/12/2024 1:19:21 PM Payment Events Status Timestamps ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality October 27, 2023 AMANDA BERGER — ENVIRONMENTAL COMPLIANCE DIRECTOR AQUA NORTH CAROLINA, INC. 202 MACKENAN COURT CARY, NORTH CAROLINA 27511 Subject: Application No. WQ0000088 Permit Application Return Governors Club WWTP Reclaimed Water Generation and Dedicated Utilization System Chatham County Dear Ms. Berger, This letter is in response to your permit renewal request received on March 23, 2023. In a letter dated August 18, 2023, Cord Anthony of the Non -Discharge Branch asked you to provide additional information (copy of letter attached) no later than the close of business on September 17, 2023. The Division approved two 14-day extensions resulting in a new due date of October 16, 2023. As of today, the Division has not received this information. Accordingly, the Division is returning your renewal application pursuant to 15A NCAC 02T .0107(e)(2). Please be advised that construction and/or operation of the subject facilities without a valid permit is a violation of G.S. 143-215.1, and may subject you to appropriate enforcement actions pursuant to G.S. 143-215.6A.9 613, and 6C. The Division may assess civil penalties of up to $25,000 per day per violation for failure to secure a valid permit. Please submit the requested additional information and associated renewal application within 30 days of receipt of this letter. Failure to provide the requested additional information and the associated renewal application shall result in a Notice of Violation and may include a civil penalty assessment. If you need additional information concerning this letter, please contact me at (919) 707-3653 or nathaniel.thornburgkde q.nc. gov. Sincerely, DocuSigned by: D1043082680C483... Nathaniel D. Thornburg, Branch Chief Division of Water Resources D ��� North Carolina Department of Environmental Quality i Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINI� ©ewmwM or rnvinmmmi o�ai` r 919,707,9000 Ms. Amanda Berger October 27, 2023 Page 2 of 2 Enclosure cc: Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 18, 2023 AMANDA BERGER — ENVIRONMENTAL COMPLIANCE DIRECTOR AQUA NORTH CAROLINA, INC. 202 MACKENAN COURT CARY, NORTH CAROLINA 27511 Subject Dear Ms. Berger: Application No. WQ0000088 Additional Information Request Governors Club WWTP Reclaimed Water System Chatham County Division of Water Resources' Central and Regional staff have reviewed the application package received March 23, 2023, and additional information received June 5, 2023. However, additional information is required before the review may be completed. Please address the items on the attached pages no later than the close of business on August 25, 2023. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any oversights that occurred in the review of the subject application package are still the Applicant's responsibility. In addition, any omissions made in responding to the outstanding items in Sections A through D, or failure to provide the additional information on or before the above requested date may result in your application being returned as incomplete pursuant to 15A NCAC 02T .0107(e)(2). Please reference the subject application number when providing the requested information. All revised and/or additional documentation shall be signed, sealed and dated (where needed), with an electronic response submitted to my attention at: hllps:Hedocs.deg.nc.gov/Forms/NonDischarge-Branch- Submittal-Form-Ver2. If you have any questions regarding this request, please contact me at (919) 707-3655 or cord.anthonygdeq.nc.gov. Thank you for your cooperation. DocuSigned by: Sincerely, f 2D03237162FA4E5... Cord Anthony, Engineer II Division of Water Resources cc: Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Andrew Norris, PE — Aqua North Carolina, Inc. (Electronic Copy) Laserfiche File (Electronic Copy) D ��� North Carolina Department of Environmental Quality i Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINI� ©ewmwM or rnvinmmmi o�ai` r 919,707,9000 Ms. Amanda Berger May 8, 2023 Page 2 of 2 A. Cover Letter: 1. No comments. B. Application Fee: 1. Not applicable. C. Application (Form: WWIS-R 02-21): 1. No Comments. D. Additional Documentation: ➢ Certificate of Public Convenience and Necessity: 1. No comments. ➢ Site Map: 1. No comments. ➢ Flow Reduction: 1. No comments. ➢ Property Ownership Documentation: 1. See comments La and Lb., in section "Existing Permit" below. ➢ Existing Permit: 1. Condition L4 of the existing permit issuance dated March 25, 2020, required a permit modification to be submitted within 180 days of that issuance. Our office did not receive a permit modification, and the following items are requested to satisfy this condition: a. A setback waiver for the treatment facility (50 feet to property owned by Governors Club Inc) pursuant to 15A NCAC 02U .0701(a). b. An easement for the irrigation fields filed with the Chatham County Register of Deeds that meets the requirements of 15A NCAC 02L .0107(f). More specifically, the Amendment to Amended and Restated Wastewater Irrigation Agreement attached to the original document shows no indication that it was filed with the register of deeds. Please provide either a filed version of the document or the deed book and page number corresponding to the amended agreement. Please submit the necessary items to satisfy Condition L4 of the existing permit. FIELD #22 6.0 AC 'I IIIIA R L) G4__ ;�; If jr yp� Z �2 FIELD #23 q 0 'A MIA C) fff -4. I .. t - ;�_/' ­ U) p.rFIEL #14/ D ­10� 1, uj FIF - FIELD #12 !!!P.;X wi1. A w r - 617 2.59 AC 7. _�ELD #�j� t FIELD #24rfr 4.2 AC V;,; j 10 12.88 AC,,, X Aux nma m # 0.6 FIELD #10 AC 5.56 AC FIELD #11 b z ..Fl L 0 5- 0.80 AC $XISTING) low c 3.56 AC (EXPANDED) Z 0 ',w 0 0 L0 FIELD #8 1- Of z N 7.38 AC < < sX­\ Z ULI \4' Of U Of < < 0 IJ f!", 2c) JiiiiilC z pr'09� FIEL < ..I t' =• L Yrs. I (" r I �J f +/4.20'AG,- wvc FIELD #7 .5 �- ,c.a Lll #�2 } f' �'` - 1 '`,; a:°I .' a.oL 7.31 AC IRRWFLt4' 41 �Ad�- FIELD #6 NORTH _j FIEF 4 6 ��� r t i 5.7fA r 1 / 1 `�(` j�,. / rx,� / 5.83 AC "EXISTIINr) % 400' 200' 0 400' Hof) 4k .7.14- AC (EXPANDED) p.' F1 15.16 AC (EXISTING) SCALE: 1" 400' LLJ Z L j� ('EXPANDED) I - NDED) Iq FIELD #18 z vi �,4 i IRR WELL LOCATION OF IRRIGATION WELLS (NOT IN USE) C) 0 w V, FIEL04 16 +,/ / / ` MW#9 MW#O S. '/�.r _j LOCATION OF MONITORING WELLS (NOT IN USn sa .8 LL _j • NON DISCHARGE APPLICATION REPORT, PERMIT# W00000088 .2, 0 FIEL9 Ir" DATED: IULY2002, TOTAL FIELDS ARE 26. TOTAL AREA SPRAYED= 159.51 AC '6"16-AG (EXITING) TOTAL INCREASE IN SPRAY FIELDS THROUGH EXPANSION/NEW- 36.17 AC 0 Z THE TOTAL SPRAY FIELDS= 195.68 AC CO Z >: 9.Q8 -AC-I&XPAN�EMiii EXISTING EXPANDED/NEW 0 EXIS ING I.ST FIELD # HOLE # AREA SPRAYED AREA SPRAYED T9r C) I.- - 0 1 1 587 587 All, 516 9.08 PON U) 0 Q� 00 3 2 GREEN 090 0.90 O 0 640 0 6��41 FIELD 45 4 3 8 z 2 Oco, ff 5 40 6 6 3 1,r7!r- 8 < c) LLJ T 5. 7.14 pi I.- C) '09 8.4 AC 7 7 7.31 7.31 ILL] c) 7rsf 74� vv' W 8 8 7.38 7.38 Ir I LD F 11 k vv' NE I WN EXISTINC 9 10 6.17 729 0 > c:' " /161 a 0 558 556 0 T_ REUSE�'H 11 TEE 080 3.56 C) W.W.T.P. 1 0 0 1 12 259 259 13 13 7,65 7�65 14 is 2.90 2.90 vs 15 is 597 5.97 X� 11, r� , ; , '. V, 41� Ivj. 16 11 834 8,34 6 < 17 18 604 6.04 v"ll" 8 DUKE EASEMENT 5.16 ei T_ \v1 119 RANGE 117.08 107.08 20 19 3,80 3.80 k 21 20 570 570 .nr�/MW#7 '41 22 22 6,00 6,00 -Yi 23 23 , 3.90 3.90 24 24 4.20 4.20 < 25 26 470 4.70 26 27 570 5.70 114 im p", -% 4 111 27 NEW DUKE EASEMENT 3.12 F1 '&'Jh�q7( ... ..... 14 28 NEW DUKE EASEMENT 8.60 29 NEW DUKEENT 9.52 DRAWN EASEMENT 30 NEW DUKE EASEMENT 10.07 9. 2.#,�, JRM BY \NATERSHED NOTE: EXISTING 5 DAY 159 51 AC 196.68 AC DATE 01/18 UPSET POND Fil _DS 2,6,27,28,29 AND 30 DRAIN INTO U.T. TO OVERCUP CREEK (INS IV, NSW FIELDS 9 AND 11 DRAIN INTO U.T. TO CUB CREEK (INS IV, NSW) SHEET kiv FINAL DESIGN FIELD 4f 30 (NEW) NOT RELEASED tis9 1 OF 1 10.07 AC FOR CONSTRUCTION + ItIItu IIII'FIELD #22 I 1 40 6.0 AC z 0 I(70v,� tI L It19 20 FIELD #23'' t4* 5 "t Iif 74 4 t4� -A I lilt -3.9 9.il 114"T it, 1 no IItf, 219 4� IIELD 4 O 7.4 4t 4 F9 E,, ::10 c HA I4, FIELD #12 z t4 2.59 AC 4 k 4! A M4 4 IELD '14 0 T, 12 88 AC'I- 4.2 4 4w FIELD #24 II844 �AC4 817 C\j `7 [U 0 B14 t. is, LP 347 I!,38. LU (L It< UJ All b49\ I< O 92FIELD II 7 56 AC (EXISTING) F �Lt) 0 -2. C (EXPA, DED) 2.1 N 0 LUZ LIJ '#8 854 FIELD. V A oj T, 7!) 7.38, AC 2 II,2 4 Z I2 J41; 0 U h4 52 ,152 )44 FIE�t/p t`J I 4b 4201 AU- FIELD-47 Iftb ll4 --7 462 4 iq q47 46114 608 I '14; UR! 6�117 IM 46f )b lihy A t4 5 Iffi 460 N 4 RTH' L N't 7 454 4 6' 4 583, A X18TING)' 400" 800, I-7 `tii7 �'SCALE:'11 400 �F 0 AC I64) 4!,f t lit .#18* FIELD'i AC (EXIST NG) 11,4/ 1516 INU 4137,,. tED' 10.81,A01EXPA 64 f17 fJ4,1 (W) 4 IO lilt 615 662 tC) 7i 0 ELD*4 1 PO N N REPORT, PE�Mrl­ 0000088 1052 'APPLICAt # Wd 8 vc (104 0 troTAL FIELDS ARE.2610TAL. AREA 8PRAYEb--L: 1'69;.51 AC . E., 0­0 640 120. 44 I"102 TOIA INQIhASE. IN, SPRAY GREXP IONINEW-"' It.3 ,W.�AC. THE"T, DS*19550AG t54 I 29 > tAN EXPANIjEDINEW, 42 EQ I -NO FIELDS:THROU"'i" "S 931 IM II1025 7n; �OZU 6 IEAS11NQ` I'AREA SPRAYEQ,:,--.AREAL SP YED, FIELD 0- 40 117 ,RA II_0 5-87 t9.08 14 2, 5: 1 z 146 0 90 0.90, III5" I840 64 6.46' A I51ELD: 05' II'74 v 77. -2 7 6! 5.83 I-.31 7 7�31 t�i 4 I8' 7.38 C) E 4,Ac WS 4 2- 18D IG� .9 651 !76 6 146- 5.66 I0.80- .7'7 Q , � ,.',REVS E TP I12 2,59 2.59' > II.X I1224 > 765 '2.90 LU 7.65 14 W :2 '7 4 7 . ..... I'5 97 to N .1 634 8.34 174 I17' 7k A�f 115 f772 �4 3 4 '04 t15.16 '10'81* f! 408' 17.08 ... 17 08�-� .2004 fb 17 I- j)RIVL 1237 %t 1 7 t;OwmNoll i0e­1 . 3.80 to20 5.70 7" 41, 5.70, 12 I6.00 22 6.00 3.90 3?7 23 24 4.20,, 4.20 1,741 At EXANDER 44tt 4.70 4,70 414 25 5/444 t4 1179 P 26 5.70 510 '/44q 419 4 R ,;� / Ill 124S 12 1242 '44 1,21 L44 I27 NEW 1241 5.63 1.14 1/44.. 7/ It2a NE\fV 8,36 7 2 4 r, F1 4. 29,NEW 6.50 t3� y , , . I I I 10.74 30 NEW 34 I1080 159,51 AC 195.50 AC IIEXISTINa*5 DAY T P N n -4 JPRF 400' Drawn: MPA !',qjt_-ct No. 1 00-03 Computer L)wcj, Nzime 100-03-020404 OVEPALLOWG • CUT AND CAP EXS11NG EFFLUENT LATERAL PIPE IN THIS APPROXIMATE LOCATION I CUT AND CAP SERVICE TEES FOR EFFLUENT SPRINKLERS IN THESE APPROXIMATE LOCATIONS. INSTALL vislo�>eae EXISTING SPRINKLERS ON NEW �ttt FRESHWATER LATERAL PIPE �► _ ttt SEE NOTE ,/3" .� ALL GREENS, COLLAR, AND ; t TO MAIN ENTRANCE APPROACH SPRINKLERS TO BE ; ;.-� t INSTALLED ON FRESHWATER SYSTEM /4 CUT AND CAP EXISTING EFFLUENT PIPE tttaCONNECTION. INSTALL NEW FRESHWATER MAINLINE, 13 Ott I CHECK AND ISOLATION VALVES TO MAIN ENTRANCE ....� 9 ,.�• � I// �: •" '��`�-------'—�_ ._ . � . FEED AT THIS APPROXIMATE- LOCATION •/ _ ,t INSTALL EXISTING SPRINKLER ON NEW----_—. ( FRESHWATER GREENS LOOP 0 ' CUT AND CAP EXISTING ,® EFFLUENT LATERAL PIPE IN THIS APPROXIMATE LOCATION / } CUT AND CAP EXSTIND-1 ..• LATERAL PIPE IN tISFLUENT APPROXIMATE LOCATION fir, FRESHWATER POND CUT AND CAP EXIS G° EFFEUE T. IAIN AT THIS APPRATE LOCATION. CO O BNNECT NEW FRESHWAXER°MVN TO EXISTING EFFLUENT +1AINLINE CUT AND CAP SERVICE TEES FOR ' • -� �• 1 EFFLUENT SPRINKLERS IN THESE APPROXIMATE LOCATIONS. INSTALL EXISTING SPRINKLERS ON NEW FRESHWATER LATERAL PIPE I I 1 � 4"! f40K� N 6 4f* ` 1 ■ // `- t f--- -(D 12 CUT AND CAP EXISTING EFFLUENT LATERAL PIPE IN I/ THIS APPROXIMATE LOCATION ■• SEE NOTE 1 r' 1 f ji l 1r� I �4#p� / , �► 1 �! I f ■ 'aft `f f J) t 1 61 R�3 - . �f � PRACTICE FACILITY All '10 6 I 4 CUT AND CAP EXISTING SERVICE TEES IN / f ®''�, i i I ■' ; I; THESE APPROXIMATE LOCATI NS. INSTALL AND CAI EXISTING EXISTING SPRINKLER ON NEW. FRESHWATER EFFLUENT LATERAL PIPE IN1 LATERAL PIPE 1s I / '— `�. THIS APPROXIMATE LOCATION � f IN gal f Y SEE NOTE 1 ` J • � , t t i if�6" CUT AND CAP EXISTIN'X 1__ �:�.,,� LATERAL PIPE �4 ( ? 1 l r ,■ CUT A SAP SERVICE TE�S'_MR• UENT SPRI RS IN THESE APPROXIMATE TI >_ INS T EXISTING SPRINKLERS ON NEW-• R LATERAL PIPE ti , -CUT AND CAP EXISTING LATERAL PIPE•.I ` THIS APPROXIMATE LOCATION. CONNE , . I/ ® THIS APPROXIMATE PIPING TO NEW FRESHWAIEER TAP/—•, � 6•"0 CUT AND CAP E NG eo LATERAL PIPE IN THIS + / :' , 1 a► �, '° 'y APPROXIMATE LOCATION PG r' 1 1 SEE NOTE/ At WATER POND FRESH INSTALL NEW EFFLUENT LATERAL ISOLATIO VALVE FOR EXISTING SPRINKLERS 3", ��► t t / f` rf f �6" 1 UBHOUSEI 1 CUT AND CAP EXISTING t I 111 FFLUENT LATERAL PIPING ALL GREENS, COLLA , AND ♦'u�**evlr INSTALL NEW MAINLINE AND CHECK �M®11 ® IN APPROXIMATE LOCATION r APPROACH SPRINK S TO BE ® VALVES IN THIS APPROXIMATE011 �. INSTALLED ON FRESHWATER SYSTEM �+ LOCATION f 1 '■1 ®,p INSTALL CHECK VALVE ON EXIS t► MAIN AFTER ISOLATION VALVE " 3��� 1 MATCHLINE - -- rf 1 j� k ¢ 6", ALL GREENS, COLLAR, AND AP ROACH SPRINKLERS TO BE } INS1AH ED ON FRESHWATER SYSTEM i it a► i I 1 t ■ ,4 ��L.%%% '� SEE NOTE 1 i ■fie , i f/ w. ALL GREENS, COLLAR, AND k 0\ APPROACH SPRINKLERS TO BE a l INSTALLED ON FRESHWATER SYSTEM i Is as so t mass, 4 _. a VALVE —IN —HEAD SPRINKLER WIRED TO STATION 38 OF SATELLITE 1 (TYP) IRRIGATION LEGEND: SPRINKLER TYPE E. ADJUSTABLE ARC ROTARY SPRINKLER 70' SPACING 11 SPRINKLER TYPE G. ADJUSTABLE ARC ROTARY SPRINKLER 65' SPACING 0 SPRINKLER TYPE I. ADJUSTABLE ARC ROTARY SPRINKLER 50' SPACING MAINLINE ISOLATION GATE VALVE (LINE SIZE) (D LATERAL ISOLATION GATE VALVE (LINE SIZE) 1" QUICK COUPLING VALVE 1" AIR / VACUUM RELIEF VALVE O MANUAL DRAIN VALVE ELECTRIC ZONE VALVE IN AUTOMATIC POND FILL VALVE -0 CLA-VALVE 0 CHECK VALVE WELL CIRCULATION FAN CIRCULATION FAN POWER WELL POWER THOR GUARD LIGHTNING HORN I EXISTING SATELLITE LOCATION EXISTING LATERAL ISOLATION VALVE EXISTING QUICK COUPLING VALVE . _.. PVC CL200 MAINLINE PIPING -~ PVC CL200 LATERAL PIPING (2 1/2-INCH IN SIZE) — -- -- PVC CL200 TRANSFER PIPING -- - - --- 24 VOLT CONTROL WIRING PATH - - - - RELAY WIRING IRRIGATION NOTES: 1. MANUAL DRAINS SHALL BE INSTALLED AT LOW POINTS IN IRRIGATION MAINLINE. 2. AIR / VACUUM RELIEF VALVES SHALL BE INSTALLED AT HIGH POINTS IN IRRIGATION MAINLINE. 1 j4o 2 1 '` 2/8V 1 /38V 1/3g 2/4 2/12 V 1/35 2/3 2 V 1 /32 V 1 /37 2 j11 2/15 1 f 29 V 1 /34 V 2/6 V 1 j31 1 j36 2 1 5 APPROACH HEADS V 1/28 ' 2/2 2/10 2/ 4 j 2j1 1 j26 T 1 /30 1 /33 2/5 . 4... V 2/21 2 j16 1 /225 1 /27 2/9 ,',;t 2/V 2 j118 j23 2/20 2/25 1/8 ¢ ZON ZON 1j4 V 2j22 2j27 5 2 2 V 2/24 1 j1 �.; . V 29 ZON f �\ ✓ j'� zON 1 j +Y > ! µ° 1/7 SATELLITE SPRINKLER HEA2 26 / 2 WRED /2 STATION022 OF 28 31 2 33 LP SATELLITE 2 (TYP.) f � " _ -- __ 6PC *Inside" Collor Sprinklers 2/35 �•'�\,3 wired on Satellite 1 stations 1D-15. 2j30 8FC "Outside" Collor Sprinklers wired on Satellite 1 stations 16-23. SATELLITE 1 SATELLITE 2 2/32 EACH SATELLITE SHALL BE HARED IN EACH SATELLITE SHALL BE WIRED IN THE 2%34 THE MANNER SHOWN IN THIS MANNER SHOWN IN THIS SCHEMATIC / 46° ' l �' SCHEMATIC AND APPROVED BY PAT APPROVED BY PAT SISK. SATELLITE SISK. SATELLITE SHALL BEGIN WITH SHALL BEGIN WITH FAIRWAY AND ROUGH THE GREEN ON THE FRONT LEFT SPRINKLERS OPERATED FROM FAIRWAY CORNER AND PROCEED CLOCKWISE TO TEE AND LEFT TO RIGHT, INDIVIDUAL CUT AND CAP SERVICE TEES FOR I� 't'►`�, ` �~ ` — WITH INDIVIDUAL CONTROL OF EACH CONTROL PER STATION. LAST SECTION OF �, e l SPRINKLER. NEXT, SATELLITE SHALL SATELLITE SHALL OPERATE THE TEES, EFFLUENT SPRINKLERS IN THESE SEE NO t� OPERATE THE APPROACH SPRINKLERS. INDIVIDUAL CONTROL FOR EACH APPROXIMATE LOCATIONS. INSTALL ~~'� ,4 AGAIN INDIVIDUAL CONTROL FOR EACH SPRINKLER. SPRINKLER. SATELLITE SHALL THEN t EXISTING SPRINKLERS ON NEW �.'` ,4 OPERATE GREEN SURROUND (COLLAR) IN ) �► FRESHWATER LATERAL PIPE ` SPRINKLERS, f INDIVIDUAL WIRING FOR FAIRWAY CAN BECLOCKWISE MANNER. FINALLY�GIN,ATION STARTING AT GREEN AND WORKING TOWARDS TEES. is ® � �NO SCALE A► I t `+ IN A • off tom` �1 �I MATCHUNE ■ j ,\'`.� • CUT AND CAP SERVICE TEES FOR EFFLUENT SPRINKLERS IN THESE 1 # A , APPROXIMATE LOCATIONS. INSTALL ftuma�"�' • •'`� EXISTING SPRINKLERS ON NEW n ln FRESHWATER LATERAL PIPE 7 0 BRIAN E. VINCHESI 15698 JAN. 2003 v� T Consulting, Inc. Providing innovative dasegtt .w+lutdanc fitt irrisatirin snarlrlulde. 4 Hotel Place Pepperell, MA 01463 Tel. (978) 433-8972 Fax (978) 433-2788 e-mail: bvinchesi@irrrigationconsulting.com 101 W. South Main Street, Suite 7B Waxhaw, North Carolina 28173 Tel. (704) 843-3688 Fax (704) 843-3511 e-mail: mtemple@irrigationconsuiting.com www.irrigationconsulting.com con z z C.� O t� t'd w KEY: SEAL: Y Jttcf" r REVISIONS: NO.: DATE: DESCRIPTION: STATUS: FINAL FOR BIDDING SCALE: 1!°=100, DATE: 12/5/07 SHEET NUMBER: ID 1 Aft RAIN BIRD REPLACEMENT LEGEND. REPLACE EXISTING VALVE ---- - , REPLACE EXISTING ISOLATION �, O 1 RAIN BIRD 47D IMPACT - REPLACE WITH RAIN BIRD 750-28 ROTARY SPRINKLER J VALVE S \ ��\.,.;-• MATCHLINE 'i` '`_ 1; RAiN BIRD 51D IMPACT -REPLACE WITH RAIN BIRD 700-4$ ROTARY SPRINKLER MATCHLINE 714, \ F, RAIN BIRD 91D IMPACT -REPLACE WITH RAIN BIRD 900-64 ROTARY SPRINKLER REPLACE EXISTING ISOLATION �__ t ' :. ` e i VALVE tr__\ a \'(J RAIN BIRD 95D IMPACT - REPLACE WITH RAIN BiRD 950-32 ROTARY SPRINKLER i volossw t � �-' �- r 1 \\ /! i� ! / � -k\ t' }- \ /• J '__ 4 r__ f ! RAIN BIRD E700-32 ROTARY SPRINKLER LEAVE AS IS t r � it �•...r t l t f { t. - t J �?`t .t 1 L\ \ \ REPLACE EXISTING VALVE -------- ,f' `� �; - L: r ; �% RAIN BiRD E700-40 ROTARY SPRINKLER LEAVE AS IS tj /`- �%"'� t y...• ,�' \ / , ~ 1 �`,• � '�' ! f `Y\ i/ i '`` -'' f' 'L i - t '4 ' ', i 0 L ' J \ RAIN BIRD E700--48 ROTARY SPRINKLER - LEAVE AS IS t, y 1 - , S RAIN BiRD E750-28 ROTARY SPRINKLER le - LEAVE AS IS ,..... L i ,....'_"_� t ® , r""'..., t ® t f i• ~ 'L �'\ � 4� 1 � � jt ''.\ '^.......r tr._,.,` �1—r,! . RAiN BIRD E750-40 ROTARY SPRINKLER - LEAVE AS IS rfr�~\\L //'_~`♦\ 4 ($ ' \__r' J ; , 1-_�\ {\ r- o it, �, o'\__r' t' ; t! ' �? RAIN BiRD E750-44 ROTARY SPRINKLER -LEAVE AS IS \ 4 Q t 1 i 1 `` _ _ r L , 1 , _ •-L ( ® J � C� RAIN BIRD E750-48 ROTARY SPRINKLER -LEAVE A S IS f'"`'\ /f \ � // �\ ; t /r �\ '' '`• ..__ � /J ,r-_\\ t< �';- ,'"'\, - C WITH NEW INTERNALS RAIN BiRD E900-60 ROTARY SPRINKLER REPLACE j � ! � {� t 1p t ® 1 f L \..,� 1 }�' t �i t /' `�•\ � % t '' 1 1 ® d •,..,.• © RAIN BIRD E900-64 ROTARY SPRINKLER - REPLACE WITH NEW INTERNALS ♦� r' J' ' Q ; RAIN BIRD E950-30 ROTARY SPRINKLER - REPLACE WITH NEW INTERNALS t f o �► 't RAIN BIRD E950-32 ROTARY SPRINKLER -REPLACE WITH NEW INTERNALS ,�? RAIN BIRD 1150 ROTARY -REPLACE WITH RAIN BIRD 950-32 ROTARY SPRINKLER ,� `,~_,, L �. '•, � / - t � t �' � t '/ \L `�� ,��__ '! ',� -' ` '-_', SPRINKLER ! I t TORO 670-72 ROTARY - REPLACE WITH RAIN BIRD 900--60 ROTARY S R Li 1t(( ._,_.......� ! fr�^°\ \``ems ` y•__r , Q r"'-,,•(� /y_.,.` '�,`__r'J ! /f CJ r Jr f 4 A TARO 850-54 ROTARY - REPLACE WITH RAIN BIRD 900-56 ROTARY SPRINKLER TORO 855-54 ROTARY - REPLACE WiTH RAIN BIRD 950-28 ROTARY SPRINKLER y__ t ,/i / L /r-"'•\ �,,,. ••"f j r""`•., i 1YI S Q IRRIGATION EQUIPMENT LEGEND: ~� MAINLINE ISOLATION GATE VALVE (LINE SIZE) a , t ---� CHECK VALVE I EXISTING PVC CL200 MAINLINE PIPING EXISTING PVC CL200 LATERAL PIPING (2 1/2-INCH IN SIZE /, ^*\, �.,._ r-~� '-- � r "-�\ . �` � t/ I ' 4 J ♦,\ Jt ___.,� � t \\ _sJ ! \ \ J �� ® �f` t , \� . _ t ,� UNLESS OTHERWISE NOTED). 41 771.1 7� \ I t r ♦L l � \i ~ 14 ( t r� ,L Jr '\ �..__.._..,I i r' ��`''---'` 4�.,.�, ; . -:�__' ft L"_"'". trr \ � '9 --., ,,,d� i l ♦�0� Q !L\ tt . \ trr�\L rr �� $ _ �,, � �*, +� L /t \ •,,,,j . r' \ /t � � � ._-..�=8` { t '1 .\x_,j �,p�ti1� �9�1 �, .� �T REPLACE EXISTING ISOLATION o4� VALVE 000 ® REPLACE EXISTING iSOLATI °\ µ'~t,� J L VALVES S 'r� e'• It .L Sv. , ® ,i !'..fti'�rr t} J„�:r' ' r '\,_,�:;.'' _\ `"1\`'•, /' \ `O ` �.'.=J, rr� t ^# !t d► /rf-�ti,`�I r _'�\ `'"t'-`"!V j 'f i \` �:�'/ rr i ''' ►�\ ' { REPLACE EXISTING ISOLATION 6 2 t''-~•`\ �� O OO �' j� _ �'v-�r'Id " .. - _.., `• '�' VALVE i ' ��y►� 5 .. . ..::... C) -USE PUMPHOUSE i t � i •, RE tL it I,f l O ? 4 (ARREPLACE EXISTING ISOLATION t VALVE �' y_- t r ' '( All 44, �`�__r�r'_\ � • `' .caw � „` ° � • ,+ ! t �%: � i L \ ( J x__r' ?'t jrr-'�-.\ t ,«.�'`"-,,� ♦"'--''r-`,, j oQ i '`�,,,_r// `�. ..- ✓ ' �. .`f I !r \}. � "`.�•` � `�__r' ,r-�•,,\ � ,•,�' t '� 106 ry_4\� �ti It �__r //s"..,.\♦L } r�} J ..�._./''' -,,, r !',-- "t. / /` ty,-_.�\ `\,,.,._..r't j f' '�: .-.tom-- t '\,......`' '\ j/\ ry_ \ L; /jt �' 00 REPLACE EXiSTIN VA VE �.--....-- 1\�-�rrj �,,, i � � ram:-`" ./'�' • � j� .-s f � ' i � � � t � y _,,r 10 I li f / Q ( • / : �/REPLACE EXISTING VALVE FRESHWATER/ �► RE -USE POND INSTALL NEW SPRINKLER ON NEW FRESHWATER GREENS LOOPPIK RE -USE PUMPHOUSE TORO \REPLACEMENT LEGEND: O ; RAIN BIRD 47D IMPACT - REPLACE WITH TORO 835-34 ROTARY SPRINKLER RAIN BIRD 51D IMPACT -REPLACE WITH TORO 835-34 ROTARY SPRINKLER RAIN BIRD 91D IMPACT - REPLACE WITH TORO 855-58 ROTARY SPRINKLER FRESHWATER POND (,) RAIN BIRD 95D IMPACT - REPLACE WITH TORO 855-58 ROTARY SPRINKLER �y RAIN BIRD E700-32 ROTARY - REPLACE WITH TORO 855-52 ROTARY SPRINKLER MAINTENANCE %" f y__ REPLACE EXISTING ISOLATION •'•;r ; I _ - ACE WiTH TORO 855-53 ROTARY SPRINKLER ' ;C �\ VALVE .../'''---•' ( ~_ J } RAIN BIRD E700 40 ROTARY REPLACE RAIN BIRD E700-48 ROTARY - REPLACE WITH TORO 855-54 ROTARY SPRINKLER ram•.'" ��"�, �,.. 1,r__\\ _ } , � -�`' +� �-�. — r t• , r'' . ` j''� �'`\ '�► �-� RAIN BIRD E750-28 ROTARY REPLACE WITH TORO 855-52 ROTARY SPRINKLER RAIN BIRD E750-40 ROTARY - REPLACE WITH TORO 855-54 ROTARY SPRINKLER _ J f t IT t_• _ / \ L RAIN BIRD E750-44 ROTARY -REPLACE WITH TOR0 855-55 ROTARY SPRINKLER 4r► •tom `` `�`- �.. ! REPLACE EXISTING ISOLATION VALVES t'r ~~' _.`�-._- . '' , -r- - ', , 1 ' (E RAiN BIRD E750-48 ROTARY REPLACE WITH TORO 855-56 ROTARY SPRINKLER RAIN BIRD E900-60 ROTARY - REPLACE WITH TORO 855 58 ROTARY SPRINKLER ��® \\ f/ f, i \ ; ''� 1, �,,•'. ;:, /r—"•,,..._.... t ';,�-J �`� � '��_/ rr \� Jy..._�._.._�t,,j-' _-�_ 4 �1�� ' ® -I .... ax _ -� { \ J' t \, A/ _ / RAIN BIRD E900-64 ROTARY -REPLACE WITH TORO 855-58 ROTARY SPRINKLER ~_rf / ♦ r \ t , t �__r ®4 { O , RAIN BIRD E950-30 ROTARY - REPLACE WITH TORO 855-58 ROTARY SPRINKLER REPLACE EXISTING ISOLATION VALVE `. �,__ ,•-___._�.- i \1 \ ,__rr\-WATEWALL PUMPHOUSE 10 w RAIN BIRD E950-32 ROTARY - REPLACE WITH TORO 855-58 ROTARY SPRINKLER oil RAIN BiRD 1150 ROTARY -REPLACE WITH TORO 855-58 ROTARY SPRINKLER TORO 670-72 ROTARY - REPLACE WITH RAiN BIRD 900-60 ROTARY SPRINKLER L1 TORO 850-54 ROTARY - UNCHANGED S'. TORO 855-54 ROTARY - IF LOCATED AT A GREEN, MOVE TO FAIRWAY. OTHERWISE, LEAVE ALONE I.•° BRIAN E. VINCHESI 15698 JAN. 2003 NO.: DATE: DESCRIPTION: STATUS: SCALE: 1It=100` DATE: 12/5/07 FINAL FOR BIDDING SHEET NUMBER: ilkm 2 L t 7.. 11, RAIN BIRD REPLACEMENT LEGEND: f RAIN BIRD 47D IMPACT — REPLACE WITH RAIN BIRD 750-28 ROTARY SPRINKLER �� j; RAIN BIRD 51D IMPACT — REPLACE WITH RAIN BIRD 700-48 ROTARY SPRINKLER RAIN BIRD 91D IMPACT — REPLACE WITH RAIN BIRD 900-64 ROTARY SPRINKLER N RAIN BIRD 95D IMPACT — REPLACE WITH RAIN BIRD 950-32 ROTARY SPRINKLER ALL GREENS, COLLAk-,-AD tf REPLACE EXISTING ISOLATION TO MAIN ENTRANCE APPROACH SPRINKLERS TO BE VALVE RAIN BIRD E700-32 ROTARY SPRINKLER LEAVE AS IS Q\■INSTALLED ON FRESHWATER ��M via RAIN BIRD E700-40 ROTARY SPRINKLER LEAVE AS IS 13 ..... ­. REPLACE EXISTING ISOLATION --- v -*- -to " 44 * RAIN BIRD E700-48 ROTARY SPRINKLER LEAVE AS IS 6" L f LEAVE AS IS @) 7­1 '0 * RAIN BIRD E750-28 ROTARY SPRINKLER 4—� a RAIN BIRD E750-40 ROTARY SPRINKLER — LEAVE AS IS **wof a ano (1t RAIN BIRD E750-44 ROTARY SPRINKLER — LEAVE AS IS 4) RAIN BIRD E750-48 ROTARY SPRINKLER — LEAVE AS IS 6" REPLACE EXISTING ISOLATION RAIN BIRD E900-60 ROTARY SPRINKLER — REPLACE WITH NEW INTERNALS VALVE RAIN BIRD E900-64 ROTARY SPRINKLER — REPLACE WITH NEW INTERNALS RAIN BIRD E950-30 ROTARY SPRINKLER REPLACE WITH NEW INTERNALS V*V 12 V.-­­ *2 RAIN BIRD E950-32 ROTARY SPRINKLER REPLACE WITH NEW INTERNALS RAIN BIRD 1150 ROTARY — REPLACE WITH RAIN BIRD 950-32 ROTARY SPRINKLER v TORO 670-72 ROTARY REPLACE WITH RAIN BIRD 900-60 ROTARY SPRINKLER 6" 4A\ TORO 850-54 ROTARY REPLACE WITH RAIN BIRD 900-56 ROTARY SPRINKLER v 4(@1 TORO 855-54 ROTARY REPLACE WITH RAIN BIRD 950-28 ROTARY SPRINKLER 1 3" 00 N., lkia$lw 49L #%own=* Vow _7 0611110 14 '-��♦ \'" `'`_, ! : �.� '�` t ®' ,00* TORO REPLACEMENT LEGEND: $10 FRESHWATER POND '0 REPLACE EXISTING ISOLATION VALVE 0 RAIN BIRD 47D IMPACT REPLACE WITH TORO 835-34 ROTARY SPRINKLER 6", RAIN BIRD 51D IMPACT — REPLACE WITH TORO 835-34 ROTARY SPRINKLER N RAIN BIRD 91D IMPACT — REPLACE WITH TORO 855-58 ROTARY SPRINKLER A RAIN BIRD 95D IMPACT — REPLACE WITH TORO 855-58 ROTARY SPRINKLER E RAIN BIRD E700-32 ROTARY — REPLACE WITH TORO 855-52 ROTARY SPRINKLER REPLACE EXISTING ISOLATION a 15 /----'VALVE rit RAIN BIRD E700-40 ROTARY — REPLACE WITH TORO 855-53 ROTARY SPRINKLER NO 46 ­6" 0 *110 — REPLACE WITH TORO 855-54 ROTARY SPRINKLER RAIN BIRD E700-48 ROTARY N 00000e- 4 4 1,Sl RAIN BIRD E750-28 ROTARY — REPLACE NTH TORO 855-52 ROTARY SPRINKLER REPLACE EXISTING ISOLATION L offiwl / �- \ \ / I \---- /I VALVES # 4 13 V` 0'0'7-- A- RAIN BIRD E750-40 ROTARY — REPLACE WITH TORO 855-54 ROTARY SPRINKLER J­k 10 *0 ago 7 RAIN BIRD E750-44 ROTARY — REPLACE WITH TORO 855-55 ROTARY SPRINKLER US -4-­ N�l X1. 5§1105510401 V RAIN BIRD E750-48 ROTARY # 000 REPLACE WITH TORO 855-56 ROTARY SPRINKLER REPLACE EXISTING lZ>ULAllVN RAIN BIRD E900-60 ROTARY REPLACE WITH TORO 855-58 ROTARY SPRINKLER VALVES 6" @ N RAIN BIRD E900-64 ROTARY REPLACE WITH TORO 855-58 ROTARY SPRINKLER rc —58 ROTARY SPRINKLER RAIN BIRD E950-30 ROTARY —REPLACE WITH TORO 855 4f► \1 )l i a 11 41, t RAIN BIRD E950-32 ROTARY — REPLACE WITH TORO 855-58 ROTARY SPRINKLER Apo REPLACE EXISTING ISOLATION RAIN BIRD 1150 ROTARY — REPLACE WITH TORO 855-58 ROTARY SPRINKLER VALVE 0 V TORO 670-72 ROTARY REPLACE WITH RAIN BIRD 900-60 ROTARY SPRINKLER 3" @ f 3 A TORO 850-54 ROTARY UNCHANGED " ' 3 TORO 855-54 ROTARY IF LOCATED AT A GREEN, MOVE TO FAIRWAY. OTHERWISE, LEAVE ALONE 17 0 @) {off IRRIGATION EQUIPMENT LEGEND: & SIZE) MAINLINE ISOLATION GATE VALVE (LINE t f :A I L4T TIC / PfIAC y CHECK VALVE 4 EXISTING PVC CL200 MAINLINE PIPING v V 44� EXISTING PVC CL200 LATERAL PIPING (2 1/2—INCH IN SIZE 8 UNLESS OTHERWISE NOTED). @) ♦4f# ♦ @) # 4* REPLACE EXISTING VALVES (g w *07 4* @) Ab I 4W 0 Air, # 46; t / A;- -NN 4- r. X as* fw k A/ 0 'K IQ\ '-z /'N\ CG) '`� ^l � � ! ' f ` r' `\ t • ''�' f \ 0 w, 6-4 _2 40 40L t7 -. . P 0 / --"\ I / . 'N\ 4 "NA -,\—w=Tut Ptw #1 # G SN 10 49W N ,*,t 4p IV Willi 4 FRESHWATER POND TRAWO RPUMP/ 4w 1 Sri I gel 41p 0p ow 41# rl 16 L W*4j� X, LUBHOUSE 9 4w I A *"RJLN REPLACE EXISTING ISOLATION VALVES avow— alme"Iml!2§00 0 \-Baum Puw #2 1 -.F sit MATCHLINE [N IF, LOrATMN— 41V ;41#1 REPLACE EXISTING ISOLA11ON VALVE 7 0 mmmm)nm amen 0 IS 0 7 I 'w" IYl,'10 /6" REPLACE EXISTING VALVE ♦ -Mgdpp— xl:� � , -7 7 0 too 40 s xx BRIAN E. VINCHESI 15698 JAN. 2003 NO.: DATE: DESCRIPTION: STATUS: SCALE: 1 11 =100' DATE: 12/5/07 FINAL FOR BIDDING SHEET NUMBER: "9004hk Aft, Allk R REPLACEMENT RAIN BIRD REPLACEMENT LEGEND: RAIN BIRD 47D IMPACT - REPLACE WITH RAIN BIRD 750-28 ROTARY SPRINKLER s�_ f RAIN BIRD 51D IMPACT - REPLACE WITH RAIN BIRD 700-48 ROTARY SPRINKLER RAiN BIRD 91D IMPACT - REPLACE WITH RAIN BiRD 900-64 ROTARY SPRINKLER oyO♦� RAIN BIRD 95D IMPACT - REPLACE WITH RAIN BIRD 950-32 ROTARY SPRINKLER ♦�—r a RAIN BIRD E700-32 ROTARY SPRINKLER - LEAVE AS IS RAIN BIRD E700-40 ROTARY SPRINKLER - LEAVE AS IS RAIN BIRD E700-48 ROTARY SPRINKLER - LEAVE AS IS Q) RAIN BIRD E750-28 ROTARY SPRINKLER - LEAVE AS IS RAiN BIRD E750-40 ROTARY SPRINKLER - LEAVE AS IS (E RAIN BIRD E750-44 ROTARY SPRINKLER - LEAVE AS IS S RAIN BIRD E750-48 ROTARY SPRINKLER - LEAVE AS iS �♦ O�; RAIN BIRD E900-60 ROTARY SPRINKLER - REPLACE WITH NEW INTERNALS RAIN BIRD E900-64 ROTARY SPRINKLER - REPLACE WITH NEW INTERNALS r""`♦ O ; RAIN BIRD E950-30 ROTARY SPRINKLER - REPLACE WITH NEW INTERNALS t* O) RAiN BIRD E950-32 ROTARY SPRINKLER - REPLACE WITH NEW INTERNALS lye; RAIN BIRD 1150 ROTARY - REPLACE WITH RAIN BIRD 950-32 ROTARY SPRINKLER _., ; TORO 670-72 ROTARY - REPLACE WITH RAIN BiRD 900-60 ROTARY SPRINKLER L1 \ TORO 850-54 ROTARY - REPLACE WITH RAIN BIRD 900-56 ROTARY SPRINKLER OW TORO 855-54 ROTARY - REPLACE WITH RAIN BIRD 950-28 ROTARY SPRINKLER 4 IRRIGATION EQUIPMENT LEGEND: MAINLINE ISOLATION GATE VALVE (LINE SIZE) CHECK VALVE - - EXISTING PVC CL200 MAINLINE PIPING ----'— EXISTING PVC CL200 LATERAL PIPING (2 1/2-INCH IN SIZE UNLESS OTHERWISE NOTED). ON !4 O44P i i i ■ �m ossumsmove0, 125 • \ . +� ♦\s ®� ' \\~err/ �• I 1 { i P $22 t♦flrl� `fr. _ ryr \♦\ 1\ t FRESHWATE am POND 1 ® i rr �\t \♦ r'r rr ♦\t ® . r i j� / _ f 10 \ }rt r � t -.~,fie i► \♦ .ram r,� i S�Ott yr"- �♦ � t �-- as r � t , ♦ ♦,,,...r � t � �' is t � : t: �t � y ♦ ��► r i s r ♦1 t t \ r ys ti , t i t i i/f ♦\ d4 1 � Y.7 r A 0� i 0 V ry4& ♦t r 40 21 i r 1 a i ! 1 t � r . ) t FRESHWATER RJOND ip f •° i tt i ° • \ e rrr—~\♦\.: ti ' s—.w¢ �t111�®91iA##'-•... \ i.. - �"^ 1 \ 1 } A ♦ v ® ■ a A A♦ it � $' ngVenews r' ♦\., i _ �" t'♦ �' '" l rr- AVA ii�"'wil91A�I�IIw,•dso*A•a ®��® ®`�� ♦�■ lea! n r am A� ! r t 'Jar,4� ago*** r i r `~-' 1 t ' \, e^ lf�■l0#� *yr_-\� t r tt rr \ �+r1M1/1�111<� p�lt >d®!�A AA®'�'AAi�' .__r ♦ y r t yr-c r \ ! t r \ r- 'ill !A r r >A \` f' \~_r /tr t \♦ f't4 "�' F t_ ,r \` y �141ii1M11!#/�iellftitllli�il AAA / rry ; " ♦\~-rr i fly' ♦`~- 'y ���111/4� \♦ ,/t i j ~-,,r l♦\� . r`/ i `� - _ , �- _ •�" ___ _ _ ♦����A �+ f t 1 r'"^.,, ,-„-.'�\\�_�J yr '�..�...r \ t 4 `� ♦� „r` t\ ,r r �fi`'--._..._..._�.._____ -4., � � /f ♦t-'`�`•.�_.rr �.y'^Q � ♦\.....•-,r 4\ �''� �ls't ...,_ rr tt`,..�!, ♦t lY j ,��`� ryr--.\♦�,` ' -'/i jt.\, ryr /><�Al t' \♦\ — .`l ♦\ _rf t\ �`.. �. -.� t\` y,r i t AAO l �1\ _ rr ry ♦\ \♦..._ryr t\ O t`✓ r:,` rr r'`'�'� '� � �AA 0 � \ ^r/e—`\*} � j ♦` • rry r ~\♦\ 1 r-1ti�t. ��. � ` +16 _ r ��4 1 �`__r' \♦`~-'r;\4� yrrr,r--\`t t\ rrr \♦; 4i10111111i:IiP�►1► , �' fr ♦t ♦\--ryr �\� ,r,rr—, � rrr t a r'�...\�'-. � �,� ,�t�® yAAA��' i j ♦`'_ri ">> .":.. yrr r__\\ti -' �, ..._.`r{= ry j�'� r �oolommeassuna4AAA,AAA011 27 j BRIAN R. IN I♦ Oy; RAIN BIRD 47D IMPACT - REPLACE WITH TORO 835-34 ROTARY SPRINKLER RAIN BIRD 51 D IMPACT - REPLACE WITH TORO 835-34 ROTARY SPRINKLER v*,; RAIN BIRD 91D IMPACT - REPLACE WiTH TORO 855-58 ROTARY SPRINKLER RAIN BIRD 95D IMPACT - REPLACE WITH TORO 855-58 ROTARY SPRINKLER RAIN BiRD E700-32 ROTARY - REPLACE WITH TORO 855-52 ROTARY SPRINKLER k RAIN BIRD E700-40 .ROTARY - REPLACE WITH TORO 855-53 ROTARY SPRINKLER RAIN BIRD E700-48 ROTARY - REPLACE WITH TORO 855-54 ROTARY SPRINKLER j RAiN BIRD E750-28 ROTARY - REPLACE WITH TORO 855-52 ROTARY SPRINKLER RAIN BIRD E750-40 ROTARY - REPLACE WITH TORO 855-54 ROTARY SPRINKLER DS RAIN BIRD E750-44 ROTARY - REPLACE WITH TORO 855-55 ROTARY SPRINKLER 0 RAIN BIRD E750-48 ROTARY - REPLACE WiTH TORO 855-56 ROTARY SPRINKLER Q ; RAIN BIRD E900-60 ROTARY - REPLACE WITH TORO 855-58 ROTARY SPRINKLER RAIN BIRD E900-64 ROTARY - REPLACE WITH TORO 855-58 ROTARY SPRINKLER ��p♦; RAIN BIRD E950-30 ROTARY - REPLACE WITH TORO 855-58 ROTARY SPRINKLER 4 RAIN BIRD E950-32 ROTARY - REPLACE WITH TORO 855-58 ROTARY SPRINKLER iyQ; RAiN BIRD 1150 ROTARY - REPLACE WITH TORO 855-58 ROTARY SPRINKLER tifV) TORO 670-72 ROTARY - REPLACE WITH RAIN BIRD 900-60 ROTARY SPRINKLER L� TORO 850-54 ROTARY - UNCHANGED i.. TORO 855-54 ROTARY - IF LOCATED AT A GREEN, MOVE TO FAIRWAY. OTHERWISE, LEAVE ALONE fry....\ 1 y a ♦\_,err -.. 1 l20It \ r�--�\ r�..' ♦ P` 1 1".r... �,r.:.y c�- ` t\ rr ry �,__tr r— a t 7♦tP l�t♦�~^ryl rr/' ``\t\,\ .%`� �1 \ e ! \ AA --.-i � f„`"__.'\♦ � ..'.r ♦' ......®y ♦�.,,.....r'/' ryr—`��,\ �"�...—�^`� ,� �iAIiflAAt'AAAAAe��iR� #aAa�� \,`_-rf t\ /t t\ — �} ; p i ♦`~—rr 00 /t AAA'AA * 15698 NO.: DATE: DESCRIPTION: STATUS, SCALE: Ito=100' DATE: 12/5/07 FINAL FOR BIDDING SHEET NUMBER: Az a 16F17 ° Lf 16F7 16T3 • d�16F8 #ABT3 �J 16T3 sFs 2.5" 811 16F9 16F1 1 191 � 1+ 16FI ®� 4F10 r13 16F2 J_# 16F`(0 . 16F12 16F2 16F1d 2.5" 16F,2 25" 16F3 16F1° 16F12 16F6 +� 16F13 f a oIn* 00A00 1 OOA ® �' ooAoo lap 00, t 17TI 3 �, 3" •' 1 `tom OOAQO� + T4 %8F11 O0A .t 'gyp 8". 17n 7T3 D0A 1 OOA � 2 5" i 1 ® ooAaa T4 OOA4 , W 16F I t .171\ ooA� T3 , ®� 00A00g. -- "" _ 1 T4 t► i 0oA t o 0 ' 00Atx &1___ 1sFto ■ 1rpd, dhb 17T2 1F6 17R6\ $F10 1772 s' 0 1R6 8.10 17T2 1 ® r 5" ,.....„ . f 1R1 1 V 1F7 3' •1.\.\jam 1R6 r tr�S J 1F? • E 10, 17R1 1 1R1 iBFa f, 5" tIF2 t , 110. M$ 1 ' 17F\ YA 2171 �r 8n 1F9 1R4 t 17F1 17F7 '® i8F7 1!6 1 t 1F9 1R4 8 1 : 18F110 �® 25" 17F8 ! ® 17F2 • �. � 25" jf 25" 17R2 17F8�1F9 1R5 r 18T3st Is 1 1 J 17F9 .t8 17R2 7 1 °4 1R5 1R3 8 i t 17F10 ® ! 4r� "�•.� ; 18T6`! 18T2#.` k* 3" 17F70 q ,O- 1F5 tR3 ♦� 17F4 17F11 •1 ® 1 40 17F11 1R8:"o. 6F10 2 5` 17F 2.5- 17R8 , ' I 19L14 6F2 iR8 1s1 6F2 17RB i 1R2 18T5 2 5» ri 2.5" 6F3 19L14 4r1 9 1R7 �,...». • 8" • % 18n 6 F3 � �levalle61s1AIA01r� 1 10" • "" f� 18T5 T G1® _= ern , ♦ 1 ® Sea VON In So ,7R 25" 17F6 2.f � 1903 � Ai �� t �'t y✓ 77 •� 18T4 �+ RE —USE 17R :' 1 M ti Ml{' PUMPHOUSEEy.,,\ 17rxF + ` �' 1' 41 ss„'�tir yt5 1 V®40 "i $ . /°• • rr°" 3 r- y , f i� 1 r t a ®! �� • ,,,,►• 17 s s s h ✓ yt a MEMO� 19L13 ! * t a rr b 2s xy s 4 f 3 17R4 ® �'n, /� • Sj,� s if , Y,?` G;,.* y 4 - ,q j y ? �• O a �' ffi ,/I• "• 19L15 tt%O1n.(�.7ii) 4` $tQW, !- q v}•9Y 4 4Y f •-sS Y`a s. �-q2fi2T4 V" 19L12 `"19L15 �``'• i M Aa6 ks�+ 1" �. y yS.F+° �`t 4. `��122T4 rr'` k,naa',{.vt 2T4 1908 1905 a d YiY ��,��i■ �` 2M5 • ` / $" x ' 3" ..,,„: • ,„ ..:. - _.,. 19L18 1.9 T8 1 600 •4r, • 2T2 2T3 Zia 2M7 19L4 190 8" //�% .:` [ �• . ,� » ""+ti p f � M41110SOMM sib 2T2 s X ~'`,y 19L5 "` 8" 19L16 19L76 ,� *,,;y� yi•. d ��► 2 5" 2R5 2M8 19L4 I .✓ 1907 101 2R2 2?2 2R5 s ®• 19L8 1901 19L18 19L177 w' • .. 11 i 2F11 2R5 19L7 19L8 21 Y??Y 19L17 `" • .® d8" ® 2F11 25" ���, ®. i.221 19L76 2R1 19L10 1906 i ", ✓ g» 2F1 iF �' ` • "'' 12` 99L7 19L76 2M2 f 25" 19L1 1900 4" 1900 3 2 5 2M4k 19L3 rr . s• 12 �� . 1 for �aN x fs y. ✓� • ® r . i`OF H,s/ �. sx 4N3 ev7 S r / 2R4 ads"`a: r "r"r�-�'>r�;°,s{ y - y J < f d • '�" / oo 2R4 �v `y 5 #"�`i���'.r s 4}il-i.t .;°J �.�'`ti. s+,, x /• / • / '�',X•+^' \' r �`J.+` : ;.. • +` y($,'�y■ 101010180 i 1` 9 ■ r1%J� wy3j �► 6" ,2" d #'�"! J t -� �y°3? ✓'ter 3 d d ,/�� - f 3'�>'�'.�'";c,'4 "" • �' �'�fr:'�5, � ,� <",r?. �.r "Y, r„ 54�' 3� a s `dx�y. �.`.v�� e 'yr'`' ' z � T I • d CD i IVi.»,: -t 2P r/ f V#� 2 ( �h4fs J £ s 3� i •J ' . ^®' ./®� %` d+ 4R5 .�-"v?.�a1,ri`t ,•n,.vx5. +`w �,. r•1)✓ r 4R52G3 ®e .x�`�"' :s " ®•'""`•s 2.5" x — 4" 2P3 F � ri f :PSI a • y, � 25. 19L75 € 7 4R6 4R$ 19L73 xr. ass,,. } r d'r��8 �•wd'•..cr� d' 17 t� y�2Y i �a��6 •y+` •� 19L52� a • O / 16 .�" ®�,9L54 8» f•®, ®�,» �> 19L51 ®. , ° 4Fi 19L72 19L74 •® 3 ✓"' 4R2 �`' • g r� 4R2 4" • ®• d j 4116 ffi •t `` • 1so ( _ A 4R1 �.! 20 I g- y. 3R9 ## 2.5" T5 1 3R9Is* 4T6 " ®!A n ~ 3T5 1 2 5 I ' ♦ 3T5 3174 I 3P4 �� ,,► Aw $` � ®• 1 3R8 f . .� �3T4 3T4 A 1 THE SURFACE EVIDENCE OF THE IRRIGATION COMPONENTS SHOWN HAS BEEN LOCATED BY FIELD GPS DATA COLLECTION. THE LINEWORK REPRESENTING ALL UNDERGROUND STRUCTURES AND PIPES HAS BEEN SHOWN HEREON IN ITS APPROXIMATE LOCATION BASED ON AVAILABLE RECORD PLANS. IRRIGATION CONSULTING MAKES NO GUARANTEES THAT THE UNDERGROUND ELEMENTS OF THE IRRIGATION SYSTEM AS SHOWN COMPRISE ALL OF THESE SUCH ELEMENTS IN THE AREA, IN SERVICE OR ABANDONED. IRRIGATION CONSULTING FURTHER DOES NOT WARRANT THAT THE UNDERGROUND ELEMENTS SHOWN ARE IN THE EXACT LOCATION INDICATED, ALTHOUGH IRRIGATION CONSULTING DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. IRRIGATION CONSULTING HAS NOT PHYSICALLY LOCATED ANY UNDERGROUND ELEMENTS OF THE IRRIGATION SYSTEM. 2= vamw cmax7m w- wawLy rams ns cmm u* err me aim MWMft NM 91 111M DIMM& 111M MWOM W Mn M BE MMW= 04AMS'f OR CWO $1 W FORM OR rtAPYER UWMM MR W VV To 8E Mwa 10 JWt ilm wft. Mmir Fri MMMM ,a£ W Rm Wwrm NO mwff or #Wdwm COWLTM w SCALE: STATUS: REVISIONS: SHEET TITLE: PROJECT NAME: 1 f'=1 a0' NO.: DATE: DESCRIPTION: DATE: - 8/1107 • AS -BUILT PLAN GOVERNOK S CLUB FIELD SHEET NUMBER: PRELIM—1 DOCUMENTSRAY s �,,,.• 19L30r O r;ry 5F10 5F1 5T6 2.5" 5F1 ®. OWNS■ 5T2 fi • 5F1 1 7-17 5T2 ,r•�'." "• 2.5" ips'016% +"iTR ., SPRINKLER LEGEND: RAIN BIRD 47D IMPACT SPRINKLER RAIN BIRD 51 D IMPACT SPRINKLER © RAIN BIRD 91 D IMPACT SPRINKLER RAIN BIRD 95D IMPACT SPRINKLER 0 RAIN BIRD E700-32 ROTARY SPRINKLER RAIN BIRD E700-40 ROTARY SPRINKLER ° RAIN BIRD E700-48 ROTARY SPRINKLER 0 RAIN BIRD E750-28 ROTARY. SPRINKLER ® RAIN BIRD E750--40 ROTARY SPRINKLER ® RAIN BIRD E750--44 ROTARY SPRINKLER ® RAIN BIRD E750-48 ROTARY SPRINKLER RAIN BIRD E900-60 ROTARY SPRINKLER • RAIN BIRD E900-64 ROTARY SPRINKLER ® RAIN BIRD E950--30 ROTARY SPRINKLER ® RAIN BIRD E950-32 ROTARY SPRINKLER a RAIN BIRD 1150 ROTARY SPRINKLER TORO 670-72 ROTARY SPRINKLER A TORO 850-54 ROTARY SPRINKLER 0 TORO 855-54 ROTARY SPRINKLER RAIN BIRD 3500 ROTARY SPRINKLER HUNTER 1-20 ROTARY SPRINKLER ,�D SPRAY SPRINKLER CLIENT NAME: 00 GOV F._,RNOR CHAPEL HILL, NC 27157 CONTROLLERCENTRAL GROUP ll. i 1 rr IRRIGATION LEGEND: ® 1" QUICK COUPLING VALVE LATERAL ISOLATION GATE VALVE MAINLINE ISOLATION GATE VALVE FIELD SATELLITE LOCATION WIRE SPLICE -CONTROL WIRE SPLICE -COMMUNICATION C WIRE SPLICE -POWER AIR -RELIEF VALVE 24 VOLT ELECTRIC VALVE �► DRAIN VALVE POND FILL VALVE °j'r WELL LOCATION WELL POWER Q THOR GUARD LIGHTNING HORN CIRCULATION FAN CIRCULATION FAN POWER --•`- PVC MAINLINE PIPE PVC LATERAL PIPE - '- ASSUMED LOCATION OF PVC MAINLINE PIPE ASSUMED LOCATION OF PVC LATERAL PIPE °t { 4 tati Consulting , Inc, f'rmridln� I�mtnttziae desikn soloziaas for irri�;rzzion r+•odd+sidt:' www.irrigationconsulting.com 4 Hotel Place 13420 Reese Blvd. West Pepperell, MA 01463 Huntersville, NC 28078 (978)433-8972 Fax(978)-433-2788 (704)947-9441 Fax (704) 947-9342 e-mail: bvinchesi@iffigationco-nsulting.com e-mail: elafleur@inigationconsulting.com SPRINKLER LEGEND: • RAIN BIRD 47D IMPACT SPRINKLER • RAIN BIRD 51D IMPACT SPRINKLER RAIN BIRD 91D IMPACT SPRINKLER I Y6 RAIN BIRD 95D IMPACT SPRINKLER j 221 13F6 1231 0 RAIN BIRD E700-32 ROTARY SPRINKLER 13RIO 13R9 RAIN BIRD E700-40 ROTARY SPRINKLER 1p , 13R10 1304 2 1.3F4 SF11 16- 13F4 —48 ROTARY SPRINKLER 13RIG♦ RAIN BIRD E700 (7\ I V­x 13R8 13F2 RAIN BIRD E750-28 ROTARY SPRINKLER 13FIN 13RB 13F10 IS 13R10 6- 77 13G2 RAIN BIRD E750-40 ROTARY SPRINKLER 15" 14TI lam/ 1P 13R8 14F4f% 133YFr8 * RAIN BIRD E750-44 ROTARY SPRINKLER 13R7 A14T3 13R6 13R5 25* * RAIN BIRD E750-48 ROTARY SPRINKLER 14F54 14TI 2.5' 14T3 13R5 13R4 13R4 * RAIN BIRD E900-60 ROTARY SPRINKLER * 14 2.5" RAIN BIRD E900-64 ROTARY SPRINKLER 6- 6 W5 2-5 1 14T-3 * RAIN BIRD E950-30 ROTARY SPRINKLER a 14T2 14F1 * RAIN BIRD E950-32 ROTARY SPRINKLER 4F2 14F1 0 RAIN BIRD 1150 ROTARY SPRINKLER 1 15R2 v TORO 670-72 ROTARY SPRINKLER 14F2 14F1 15T4 ii 2.5' _4A A TORO 850-54 ROTARY SPRINKLER "o 14F9 2.5- 5 5 T4 *6,0115T4 2.5' 0 6;, 15T3 14F2 4G2 14F9 0 10 TORO 855-54 ROTARY SPRINKLER 0 0,0151'5 A 31. 14P3 I 14f7 RAIN BIRD 3500 ROTARY SPRINKLER 5FI0 . 15T3 15T5 15 71 0 14FS 0% HUNTER 1-20 ROTARY SPRINKLER ®� 15RO zr_ lot 4P2 14F8 15F2 � SPRAY SPRINKLER 15F9 25 ??IT 2r IRRIGATION LEGEND: ISF5 5P1 155F7 .";5F3 1" QUICK COUPLING VALVE 15G3 0 45F4 I W7 ti LATERAL ISOLATION GATE VALVE 25-15M MAINLINE ISOLATION GATE VALVE 15R2 6' FIELD SATELLITE LOCATION • WIRE SPLICE —CONTROL 19026 IM12 vw 19DII WIRE SPLICE —COMMUNICATION 19D30 WIRE SPLICE —POWER 10D26+ I WD10 6,n 6- AIR —RELIEF VALVE i IWI13 i lvu.%; I 19DI3 i 24 VOLT ELECTRIC VALVE • 25- 16F7 +I9D31 16T2 61 ANk 16" 190" 1 j 4 DRAIN VALVE 19D31 167219D16 W 16" 19022 IW9 IW29 19031 M POND FILL VALVE 4 AMP 1673 W WELL LOCATION 4V 416FS 19016 113" ,MM 19025 fOOAOO WELL POWER 3' 9D22"'- - THOR GUARD LIGHTNING HORN 16T3 f16F8 2r 2* W 19DI9 l28 19DS W19D25 CIRCULATION FAN # Iri 16F9 19D27 19D21 i 1.11 1 . CIRCULATION FAN POWER a I6F1 19D28 Im I OD19 6 P CTIL; FAC I L4W. OF PVC MAINLINE PIPE 19D27 19D21 a At 16FI PVC LATERAL PIPE I9017 2-5* 19D23 49015 , a 1W7 a 4 ASSUMED LOCATION OF PVC MAINLINE PIPE FIO 12 13 16F2 19D17 ASSUMED LOCATION OF PVC LATERAL P 19018 9D14 2_.1OF5 - ,6,0j 12-116F12Q. 19D7 A* 16F2 19D5 1OF5 10F9_1 19D14 7-5- 16FIl IV12 16F 19D6 1 ISM 6F12 16F6 1OT4 16FI3 16F4 2-W a 1OT2 19D2 0 10T4 19B5 un "All 10 0 IOT2* 6F5 0/8. 4mi Ian4 1 25* 9B11 IN 982 IOT3 a i 9T6 16F17 16FI4 @ 16F17 2.5' 0 1 0 9R4 1 9G4 7 16F15 [cH N 9R4,j 9PI $10 0 UBHOU%c.;E a 9P on W1 6 16M 16F16 1049R5 2 'W2 5 4r - 17n �10- 11 17TI 773 • .17T• 17T2 17R6` lk 17172 i` I T12 17Rd\ ffiffill &I\ 17FI io 11RI OFII 41P I1Rl 1OF10 10F10 10M4 10M 2)b INS (F lomio� IOM13 riOM5 li 10mg IOM24 10M8 IOM6 I a 6 0 00 a 100 a I 10,0- 4Z? M IIRS 4- I 12TI lIR8 11F14 1IF15 1IF14 2- 2.5' 12TI Ogg&* 1IF14 miss 1IF12 1413 2-5" U� 2- 1IR7 2.5" 1IR6 1IR7 V i­1IR6 11R5 11R5 IIR4 11R4 4y •, 7R1 7R Ah ffl�qm BR14 I 8R14 W6 8R16 SR3 8133 SR3 CEN1 wti IM4111 ,��IVWIII M.: 7F6 (D 7F6 6F5 6TI 2- 7T2 6F> 6TI 7T2 6F6 6F7 6F7 6. 2.5' Tn•6T2 6F7 6T3ii®4' 6F8 1908 \ Is 6F*8 9L24 Issue ??? 6 6F 19L46 6F1 19L22 9L45 # 3;e 6FIO 6FI 19L50 19L44 9L36 i. 0$ 19L14 tgG4 6F2 1 19L21 9L43 6F2 so 40 Ou" 19L49 19L42 119L146 2.5* 4 6F3 19C34 F3 19L48 is 9L41 19L29 19L47 19L40 19L28 6-1 19L14 _M 2 # seveA0\ 19L39 19L27 5F7 19L13 n lint 111M, rm RE -USE PUMPHOUSE Mn 1903 5F6 f?" D 2_ 19L13 4 19 10 ,& ,&10 19L25 17Z1__1"1,1?10.10, 5F 19c9 .01 v L 1 'A SL15 @4' 2T4 10001, N.. SF E 19L15 1k 9c7 ilk 2M6 N, 19L18 • 6 r2T4 26 2T4 IR T3 - 27 4*7 2M5 •-M 3* 19L16 19L5 Ta 2M7 2173 191_4 19L5 5 2T3 F9 1 9L5 19L16 25:2M8 191_4 19L17 M5 -� 111F2 IFI MR 19 2.5- 3T3,0 at KZ 4trio 2R2 Z A 1901 19L18 l9L17 5F9 L 2FI1 2R5 19L. . .... 211 191_17 19L8 A_ 5F2 25* 2FII L23 19L76• 19L10 SF2 5F10 2M !loss 190 5F22R1 5F10 IF 2MI .0. 1906 19LIO 5" 2FI 5T6 Er � 12- 191_7 1 9L76 zw 5" BRIAN E. VINCHES1, ERIC M. LAFL,0 a2 �O_r7r 14­ A I 15698,18239 2M3 "I 6� 90 12" 19L70 11N111, ;11'�, j 12" :3 20 3 l9L3 (9) 2OW NNAM CMWIM W_ MIREMY K"on JTS CMM tAlff AM OTM Nm AM Nff TO BE WIMM OVMW OR COM IN i FOFA OR MWER *%ISM%% W AM 7W 70 9E ASMM TO AW INO CONSM11M. W_ SCALE: STATUS: REVISIONS: SHEET TITLE: PROJECT NAME: I it =100' NO.: DATE: DESCRIPTION: DATE: AS -BUILT PLAN GOVERNORS CLUB 8/1/07 SHEET NUMBER: PRELIM HOLES 10-18 IA�3,02 IRRIGATION DOCUMENTS 571 6 1. --"- 1 .:7 5T5 2.5 ML ift AN& Sasso CLIENT NAME: 11000 GOVERNORS DRIVE CHAPEL HILL, NC 27157 rr ■ H I Consulting, Inc Providing innovative design sohaiansfor irrigation worldwide. www.irrigafionconsulting.com 4 Hotel Place 13420 Reese Blvd. West Pepperell, M.A 01463 Huntersville, NC 28078 (978) 433-8972 Fax (978)-433-2788 (704) 947-9441 Fax (704) 947-9342 e-mail: bvinchesi@iffigafionconsulting.com e-mail: elafleur@inigationconsulting.com BRIAN E. VINCHESI 15698 JAN. 2003 111=120' DATE: 8/1/07 SHEET NUMBER: livIIIIIIIIIIII 3f3 • �e s a► � e , !O �� �`-�•®,1a1i16eaaAaaaaa as R - am 2 0 ZT, 1 w 0 a♦g 1 1.• e 1D 6 s . .® 6TT 6TI 6T2 �® 6T2 • y # I �4: F4 �+®� SHEET TITLE: AS -BUILT PLAN HOLES 1 -27 IRRIGATION DOCUMENTS 1 177, 1 6Fa 6F�.o'' . • "`1 �+- PROJECT NAME: i ' I 'V ,, � aaan 4F24 aaaaaaaaaaaaaa�+ 4F,D e • �� 4F18 is SPRINKLER LEGEND: RAIN BIRD 47D IMPACT SPRINKLER RAIN BIRD 51 D IMPACT SPRINKLER * RAIN BIRD 91 D IMPACT SPRINKLER RAIN BIRD 95D IMPACT SPRINKLER 4 RAIN BIRD E700-32 ROTARY SPRINKLER RAIN BIRD E700-40 ROTARY SPRINKLER e RAIN BIRD E700-48 ROTARY SPRINKLER ® RAIN BIRD E750-28 ROTARY SPRINKLER * RAIN BIRD E750-40 ROTARY SPRINKLER * RAIN BIRD E750-44 ROTARY SPRINKLER RAIN BIRD E750-48 ROTARY SPRINKLER RAIN, BIRD E900-60 ROTARY SPRINKLER s RAIN BIRD E900-64 ROTARY SPRINKLER o RAIN BIRD E950-30 ROTARY SPRINKLER RAIN BIRD E950-32 ROTARY SPRINKLER 0 RAIN BIRD 1150 ROTARY SPRINKLER v TORO 670-72 ROTARY SPRINKLER A TORO 850-54 ROTARY SPRINKLER 0 TORO 855-54 ROTARY SPRINKLER RAIN BIRD 3500 ROTARY SPRINKLER HUNTER 1-20 ROTARY SPRINKLER �D SPRAY SPRINKLER CLIENT NAME: Magagenflulumm'N IRRIGATION LEGEND: ® 1" QUICK COUPLING VALVE ED LATERAL ISOLATION GATE VALVE MAINLINE ISOLATION GATE VALVE 10001 FIELD SATELLITE LOCATION WIRE SPLICE —CONTROL WIRE SPLICE —COMMUNICATION WIRE SPLICE —POWER AIR —RELIEF VALVE 24 VOLT ELECTRIC VALVE DRAIN VALVE POND FILL VALVE w WELL LOCATION WELL POWER Q THOR GUARD LIGHTNING HORN CIRCULATION FAN CIRCULATION FAN POWER --- PVC MAINLINE PIPE PVC LATERAL PIPE _ — ASSUMED LOCATION OF PVC MAINLINE PIPE ------ ASSUMED LOCATION OF PVC LATERAL PIPE sit E PW P a ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY, WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF IRRIGATION cONSUITMVC, INC. 4 Hotel Place Pepperell, MA 01463 Tel, (978) 433-8972 Fax(978)433-2788 e-mail: bvinchesi@irrigationconsulting.com 101 W. South Main Street, Suite 7B . „ I $ to Waxhaw, North Carolina 28173 Tel. (704) 843-3688 Fax (704) 843-3511 Consulting, Inc. e-mail: mtemple@irrigationconsulting.com Providing ienonatirc irrigation 1"Webridr. www.irrigationconsulting.com FINISH GRADE _kW ........... ........... WATERPROOF WIRE GEAR DRIVEN CONNECTORS ROTARY SPRINKLER ACME THREADED SPRINKLER SJ CONNECTION 'A 01 PVC O-RING SWING JOINT SIZED EQUAL TO SPRINKLER INLET (ACME BOTH ENDS) EXIS11NG PVC TEE SIZED EQUAL TO LATERAL PIPE, WITH NPT THREADED FEMALE OUTLET (INSTALL REDUCING BUSHING IF NEEDED) &EXISTING "IN -LINE" SPRINKLER DETAIL 18" JUMBO 1ALVE BOX WTH GREEN COVER 2" GATE VA (NORMALLY OR' ' PVC LINE vy, III I waij Imm Agg }--- 20' 0 m FINISH GRADE WATERPROOF WRE CONNECTORS L ACME THREADED SPRINKLER SJ CONNECT10N PVC 0 SPRINI, NO SCALE JOINT RESTRAINT DUCTILE IRON TEE CONCRETE THRUST BLOCK RING11TE GATE VALVE 12 ME RINGTITE GATE DUCTILE IRON VALVE TEE CONCRETE THRUST BLOCK SIDE ME JOINT RESTRAINT LATIN VALVE RESTRAINT - DETAIL 7IS NO SCALE 10' ROUND VALVE BOX CRUSHED STONE BASE FINISH GRADE EXISTING FIELD SATELLITE CONCRETE PAD - 2-WAY CADWELD CONNECTOR FINISH GRADE 4" ADS 4" GRATED F DRAIN PIPE CAP _T DBY-6 WATERPROOF I- CONNECTOR 36" -- -------- 1-1/2' SCH-80 PVC SWEEP ELBOW SHIELDING CABLE EXISTING 5/8' COPPER GROUND ROD 16 AWG BARE SOLID COPPER WIRE (1) 4"X 96* COPPER GROUNDING PLATE EXPANSION COIL -J POWERSET ENHANCEMENT MATERIAL CRUSHED STONE BASE TOP & 80170M OF PLATE SATELLITE GROUNDING DETAIL N—O SCALE SIDE MEW 1 PVC LINE 10" ROUND VALVE BOX WITH GRAY COVER FOR 24 VOLT CABIES, SILT FENCE HAY BALE (TYP.)-----w- 4!-l*Xln WOOD POST (TYP.) HAY BALE WETLAND AREA DISTURBED AREA GRADE 2 REBARS, STEEL PICKETS OR 2'X2* STAKES 18-240 INTO GRWND (TYP.) "�oNo SILTFENCE SILT FENCE HAY BALE INSTRLLAiION-PLAN �SILi FENCE/HAY BALE INSTALLATION-PRO2, �..j�INO SCALE NO SCALE FINISH GRADE PROOGEAR DRIVEN WATERF WIRE CONNECTORS ROTARY SPRINKLER ACME THREADED Lt SPRINKLER SJ CONNECTION • O-RING SWING JOINT SIZED EQUAL TO SPRINKI ER INLET (ACME BOTH ENDS) f PVC GASKETED TEE SIZED EQUAL TO LATERAL PIPE, WITH NPT THREADED FEMALE OUTLET EQUAL TO SWING JOINT SIZE LATERAL- PiI N KLER RETAIL �_NO SCALE 2- OR 2 1/2" BRONZE GATE VALVE 19 ML10* ROUND VALVE BOX WITH GREEN COVER SIMMER MET 9 hARCO DICTIL IR10 90 DEGREE SWIVEL & GASKET TRANSITION ELBOW 1-" L- PVC MAIN LINE HARCO DUCTILE IRON SWIVEL TEE FINISH GRADE BROWN VALVE BOX COVER PVC LATERAL PIPE 10" ROUND VALVE BOX 3" MIN, BRONZE GATE VALVE CONCRETE THRUST BLOCK IZE AS REQUIRED) PVC MAINLINE PIPE DUCTILE IRON SERVICE TEE PVC SCH-80 TBE NIPPLE PVC SCH-80 SLIP 45 ELL PVC SCH-80 TOE NIPPLE PVC SCH-80 TOE NIPPLE 4" CRUSHED STONE BASE SCH-40 PVC SLIP COUPLING BIG] SI FEVING TO EXTEND MINIMUM 12" BEYOND ROAD EDGE TURF AREA ROADWAY/CARTPATH 12" 30* MIN. - 30" MIN. 1 CLASS-160 PVC AND CLASS 165 C905 PVC SLEEVING FOR WATER OR SCH. 40 ELECTRICAL CONDUIT IRRIGATION PIPING OR WRING NOTE: PIPE, POWER WIRE AND COMMUNICATION CABLE TO BE INSTALLED IN SEPARATE SLEEVES. WAY PIPE AND WIRE SLEEVE DETAIL 1115 I &w*:T&Tk1 10 t2l PIPELINE SECTION VIEW T D D = DEPTH TO 80170M OF TRENCH ELEVATION VIEW TRENCH PLUG SPACING TOP OF TRENCH TRENCH PLUG PIPELINE TRENCH PLUG SLOPE X PIPE BEDDING B0770M OF TRENCH PIPE T I AL RENCH PLUG, INSTALLATION INVERT NO SCALE FINISH GRADE mill WATERPROOF WRE CONNECTORS ACME THREADED ji SPRINKLER SJ CONNECTION CONCRETE THRUST BLOCK E TING PVC MAIN LINE AS INLINE AA INNIN' 1111211114 0 SCALE 1" QUICK COUPLING VALVE FINISH GRADE JUMBO VALVE BOX (CAST IRON COVER) 18 -FINISH GRADE 10" ROUND VALVE BOX WTH GREEN COVER FLANGED PVC PIPE (LINE SIZE) . . . . . . . . . . . . . # FF NO SCALE NO SCALE 22' JUMBO VALVE BOX WITH BLACK COVER FINISH GRADE - DRILL 32, 3/8 INCH HOLES IN COVER AIR VACUUM/RELIEF VALVE ELBOW FBRASS BRASS NIPPIIIIII ILI 7 7 3/4' BRONZE BOILER DRAIN EXTENSION BRONZE WYE AS REQ'D. STRAINER (SILE! AS REQUIREDR. 4n LEVEL DUCT11 E IRON SERVICE TEE BRONZE BAH VALVE (SIZE A CRUSHED STONE BASE REQUIRED) Eli• elffiffm PVC MAINLINE A VACUUM /RELIEF -VALVE-DETAIL- NO SCALE # 7ART CIRCLE COLLAR SPRINKLERS - EFFLUENT SECO OUPLING VALVE LOCATEI AT FRONT ROT OF GREEN - FRESHWATER -FINISH GRADE 18' JUMBO VALVE BOX (CAST IRON COVER) 3" FLANGED PVC PIPE—III-1II PVC MAINLINE L 0 0 EXTENSION 3* CLA-VAL SHUT-OFF VALVE AS REQ'D. ,/X\ 4"-3* PVC REDUCER 4" LEVEL CRUSHED STONE BASE SHUT-OFF VALVE INSTALLATION DETAIL I C EXISTING COPPER GROUND ROD 6 AWG SOLID BARE COPPER 4" ADS DRAIN PIPE WITH GRATED CAP i6 AWG SOLID BARE COPPER GROUND PLATE COPPER WIRE (4" X 96- X .0625") BOND/SHIELD POWERSET ENHANCEMENT MATERIAL TOP & BOTTOM OF PLATE SATELLITE GROUNDING DETAIL MAINLINE, LATERAL MAINLINE PVC ALL SLEEVING AND WRING AND WRING LATERAL UNDER ROADWAYS V2f 00 SEPARATE O SLEEVES FOR PIPE AND WRING TAPE WIRE AT 12' INTERVALS SNAKE PIPE IN TRENCH 24 VOLT 240 VOLT TIE LOOSE WRING WRING LOOP OF WIRE 16* AT CHANGES OF DIREC11ON AS SHOWN NCH AND WIRE DETAIL mt, 1QrAI 17 REPLACE EXISTING ISOLATION VALVE BRIAN E. VINCHESI 15698 JAN 2003 1 gw4k 1OWN Consulting, Inc Providing inninafive design soluxionsfor irrigation worldwide, 4 Hotel Place Pepperell, MA 01463 Tel. (978) 433-8972 Fax 78 -2788 e-mail: bvinchesi@irrigadonconsulting.com 101 W. South Main Street, Suite 7B Waxhaw, North Carolina 28173 Tel. (704) 843-3688 Fax (704) 843-3511 e-mail: mtemple@irrigafionconsulting.com www.irrigadonconsulting.com • Z rT*1 5 d I V--A C.) csi z ti O rT 0 COO) z z z 0 0 c, KEY: SEAL: .......... % "o-es 10 1 it REVISIONS: NO.: DATE: DESCRIPTION: STATUS: FINAL FOR BIDDING SCALE: SHEET NUMBER: N.T.S. DATE: 11NM4 6 0 1 12/5/07 State of North Carolina Department of Environment, Health and Natural Resources )ivision of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 11, 1994 William J. Brinn, Jr., Vice President Governors Club Development Corporation Post Office Box 2615 Chapel Hill, North Carolina 27515 RE: Governors Club Development Corporation Governors Club Chatham County Dear Mr. Brinn: ,&4 �EHNFi On February 25, 1994, the Division received your flow reduction request and support documentation concerning flows associated with present residences in Governors Club. Your letter requested the Division allow the use of a flow rate of 240 gallons per day per residence rather that the 120 GPD per bedroom required by the North Carolina Administrative Code. In support of your request, documentation and flow data was supplied from Crayton Utility Company's Bellefem Wastewater Treatment Facility, Permit No. 15166, and the Governors Club Limited Partnership Wastewater Treatment 7�acility, WQ0000088. An evaluation was made using the flow data supplied for the Governors Club Wastewater Treatment Facility which includes 12 months of data starting from February, 1993. In accordance with 15A NCAC .0219(1)(3), the peak month was found to be December, 1993, and a flow rate was determined by averaging the three (3) peak days of that month. A flow rate of 222 GPD was calculated. The Crayton Utility flow data for December, 1993 and January, 1993 was used to confirm the flow rate found with the Governors Club flow data. In view of the information submitted, the Division of Environmental Management will allow the use of 240 GPD per residence on all applicable non -discharge permit applications for future wastewater collection extensions in Governors Club which are made tributary to the Governors Club Limited Partnership Wastewater Treatment Facility, WQ0000088. This consideration applies to any applicable future projects submitted to this Division as well as any projects which are presently under review. This letter must be submitted with future wastewater collection extensions applications. All wastewater collection systems previously approved will require a $400.00 fee to amend each permit to account for the change in flow made tributary to the Governors Club Wastewater Treatment Facility. If you have any questions or comments regarding this matter, please contact Mr. Michael D. Allen at (919) 733-5083. Sincerely, Creston Hj�/ , Jr., P.E. cc: Raleigh Regional Office, Water Quality W. Lee Fleming, Jr. State Engineering Review Group P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Measure Monthly Average Wastewater Flow Contributed Per Home Facility ID A-NC-CT-5303-WW005-WW01 A-NC-CT-5303-WW005-WW01 WWTP Governors Club WWTP Governors Club WWTP Flow Date 1/1/2023 2/1/2023 Design Capacity (gpd) 300,000 300,000 Avg Daily Flow (gpd) 102,406 103,190 Number ofActive Sewer Connections 1,114 1,113 CurrentApproved Measure Flow Contribution 240 gpd per Home Contributed 240 240 Monthly Average Wastewater Flow Per Home (gpd per home) 92 93 Percent Difference Between Monthly Averages and Approved Value of240gpd per home 62% 61% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 3/1/2023 300,000 101,497 1,114 240 91 62% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 4/1/2023 300,000 97,211 1,114 240 87 64% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 5/1/2023 300,000 99,640 1,113 240 90 63% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 6/1/2023 300,000 97,100 1,117 240 87 64% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 7/1/2023 300,000 106,007 1,114 240 95 60% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 8/1/2023 300,000 96,311 1,115 240 86 64% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 9/1/2023 300,000 101,584 1,114 240 91 62% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 10/1/2023 300,000 96,744 1,115 240 87 64% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 11/1/2023 300,000 99,932 1,113 240 90 63% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 12/1/2023 300,000 107,980 1,115 240 97 60% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 1/1/2024 300,000 105,042 1,115 240 94 61% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 2/1/2024 300,000 99,753 1,114 240 90 63% A-NC-CT-5303-WW005-WW01 Governors Club WWTP 3/1/2024 300,000 102,069 1,114 240 92 62% ,.� COMMISSIONUTILITIES A to provide sewer utility service 2 Chatham County, North Carolina subject to any orders, rules, regulations, and conditions now or hereafter lawfully made by the North Carolina Utilities Commission. This the 10th day of October, 2005. Gail L. Mount, Deputy Clerk l -i Aqua North Carolina, Inc. 202 MacKenan Court Cary, NC 27511 An Aqua America Company SCANNED BY FILED CHATHAM COUNTY REBA G THOMAS REGISTER OF DEEDS FILED Sep 07, 2005 AT 08.48-02 am BOOK 01205 START PAGE 0249 END PAGE 0259 I BOOK 1205PaGE 249NSTRUMENT # 11983 EFFLUENT EASEMENT AGREEMENT PREPARED BY: Steven J. Levitas, Esquire RETURN TO. Bradshaw & Robinson, LLP Post Office Box 607 Pittsboro, NC 27312 This EFFLUENT EASEMENT AGREEMENT(the "Effluent Easement Agreement") is made and entered into as of the-ZT day of {uT, 2005, by GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, Inc., a North Carolina nonprofit corporation ("Grantor") and GOVERNORS CLUB LIMITED PARTNERSHIP, a Delaware Limited Partnership ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of certain amenity areas and other real property at Governors Club (as defined below). WHEREAS, Grantee operates a Wastewater Utility System serving Governors Club. WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: 1. Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.2 "Effluent Easement Agreement" shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time 1.3 "Effluent Storage Ponds" shall mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below) 1.4 "Governors Club " shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities. 1.5 "Grantee " shall mean Governors Club Limited Partnership, a Delaware Limited Partnership. 1.6 "Grantor" shall mean Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation 1.7 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club, Inc., a North Carolina nonprofit corporation dated December 18, 2003, as amended from time to time 1.8 "Permit" shall mean the permit for the operation of the Wastewater Utility System (as defined below) and Spray Irrigation Facilities (as defined below) issued by DWQ, as the same may be modified or renewed from time to time 1.9 "Spray Areas" shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1.10 "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas 1.11 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Permit 1.12 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater 1.13 "WWTP " shall mean the wastewater treatment plant located within Governors Club 2. Grant of Easement 2.1 Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the WWTP is located, as more particularly described in Exhibit A (the "WWTP Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the protocols set forth on Exhibit B (the "Spray Protocols") This easement allows such spraying and related activities within the Spray Areas identified in the Permit and generally depicted on the map attached as Exhibit C ("Easement Areas") The Easement Areas are located within the property described on Exhibit D attached hereto (the "Easement Property") The right to spray pursuant to this easement is given without payment of any fee or other charge being made therefore Grantor shall not further encumber the Easement Areas, or engage in any activity therein, or grant any other interest or privilege therein to any other party, that would interfere with Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement 2.2 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore. Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas Grantee shall have no obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary care in its use Of the same Where roads, paths, or other ways of travel do not exist, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas. If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted. 3 No Payments for Reuse Effluent or Operation of the Sprat/ Irrigation Facilities. There will not be any payments now or at any time in the future by Grantor to Grantee for the Reuse Effluent that will be sprayed on the Spray Areas There will not be any payments by Grantee to Grantor now or in the future for any aspect whatsoever of the operation, maintenance, and repair of the Spray Irrigation Facilities 4 General Provisions 41 Binding upon Successors and Assigns The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land, they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the WWTP Property or the Easement Property 4.2 No Third Party Beneficiary Rights Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 4 1 above 43 Independent Contractor The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an agency, partnership, orjoint venture between the parties hereto. 44 Counterparts. This Effluent Easement Agreement may be executed in one or more counterpart signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement 4.5 Headings The headings of particular provisions of this Effluent Easement Agreement are inserted for convenience only and shall not be construed as a part of this Effluent Easement Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent Easement Agreement 4.6 Enforcement of Agreement. Each party acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not performed in accordance with their specific terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 4.7 Notices All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement Agreement (or at such other address or facsimile number as such parry or permitted assignee shall have furnished to the other parties hereto in writing) All such notices and other written communications shall be effective on the date of delivery, mailing, or facsimile transmission. 4.8 Waiver. No waivers of, or exceptions to, any tern, condition or provision of this Effluent Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision. 4.9 Entire Agreement. This writing and the documents referred to herein embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 410 Modifications in Writing This Effluent Easement Agreement shall not be modified, amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way 4.11 Consent to Jurisdiction The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies arising out of, relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement Agreement, whether such controversies sound in tort law, contract law or otherwise. Each of the parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available. 4.12 Governing Law. This Effluent Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules 4.13 Recordation. Duration Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense The provisions of this 11 Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or the Easement Property, and will be and remain in effect until such time as a document terminating this Effluent Easement Agreement is signed by all of the owners of the WWTP Property and the Easement Property and recorded in the public land records of Chatham Comity 4.14 Required Amendments. In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder. [Next Page is Signature Page] 5 [Signature Page to Effluent Easement Agreement] IN WITNESS WBEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, Inc., a North Carolina nonprofit corporation /' , , By: Name: Title - Address: Atha: Fax: GOVERNORS CLUB LI1vBTED PARTNERSHIP a Delaware Limited Partnership By: Its General Partner, Governors Club Development Corporation By Name: IG ,i g L 0 y Title: 'gesl'� L it Address: ' 6. Q 04- b 5fujLnffL -eW, North Carolina 1 d 7 33 f Attn- Fax. 0 STATE OF NORTH CAROLINA COUNTY OF C i cAAncz,, I, the undersigned Notary Public for the County and State aforesaid, certify that i�naeCS«,,-, personally appeared before me this day and acknowledged that he is the of Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument rn rts name on its behalf as its act and deed. Witness my hand and official stamp or seal, this 3rd day of d Cl U,/6+ , 2005. My Commission Expires Date STATE OF NO� H CA OLINA COUNTY OF Ic���; Notary Plublic th undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and a6mowledged that he is the of Governors Club Development Corporation, the general partner of Governors lub Limited Partnership, a Delaware Limited Partnership, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this 15713 day of , will" My Commission Expires. I/--I-r)7 Date �11h111!///./ � PUB L'C ' �64W-44-/—� tary Public 7 EXHIBIT A WWTP Property ALL that parcel of land upon which the Governors Club wastewater treatment plant is located, being more particularly described as the southeastern portion of Tract 21 of the Governors Club Planned Unit Development as shown and described on the plat entitled, "Boundary Survey for the Governors Club Development Corporation," recorded at Plat Slide 89-95, Chatham County Registry, and being the portion of the said Tract 21 that is bounded on the north by Tract 7 as shown and described on the plat entitled, "Composite Map, Governors Club Golf Club Property," recorded at Plat Slides 96-456 through 96-468, Chatham County Registry ("Golf Club Property Plat"), and being bounded on the west by the private road designated "Morehead" as shown and described on the plat entitled, "Morehead Forest, Governors Club, Phase Four," recorded at Plat Slides 90-256 through 90-262 and by Tract 9 as shown and described on the Golf Club Property Plat, and being the same area designated, "Maintenance Area & Utility Site" on the portion of the Golf Club Property Plat recorded at Plat Slide 96-467, Chatham County Registry All of the recorded plats referred to herein are incorporated herein for a more particular description of the WWTP Property. EXHIBIT B Spray Protocols The Spray Protocols developed or to be developed by Governors Club Limited Partnership, Governors Club, Inc. and Governors Club Property Owners Association, Inc. for the operation of the Spray Irrigation Facilities used in the application of Treated Wastewater from the Wastewater Treatment System upon the Spray Areas located in the planned unit development located in Williams Township, Chatham County, North Carolina and commonly known as "Governors Club", all as more particularly described in Section 6 of that certain Amended and Restated Wastewater Irrigation Agreement by and among the above -named parties dated December 18, 2003, as the same may have been or may hereafter be amended from time to time, the provisions of which agreement concerning Spray Protocols are incorporated herein by this reference. FIELD #23 FIELD #24 42AC , FIELD #25 47 AC PROPERTY BOUNDARY FIELD #22 60 AC FIELD #13 765 AC FIELD 414 FIELD #21 29 AC FIELD 0 57 AC FIELD 019 617 AC (EMSiI 1288 AC 72.9 AC (EXPA wnrel FIELD #20 _ 38 AC FIELD 015 Fi 597 AC 3! FIELD #19 420 AC F(ELD #26 57 AC FIELD #A &11,ELD # 1 6 04 AC 7 AC FIELD # 16 834 AC FIELD # 2 516 AC (EXISTING) 908 AC (EXPANDED) EXISTING STORAGE POND FIELD #8 738 AC D #12 AC 1 84 AC FIELD # 27 (NEW) NEW 15 MIL GALLON / 312 AC REUSE HOLDING POND FIELD # 28 (NEW) 0 60 AC FIELD �4 6 4 AG WATERSHED NOTE FIELDS 2 6,27 2829 AND A DANN II�(i0 UT TO M5iW? CFL=OC NVS IV NSW) FIELDS 9 AIJD I I DRAIN 0TO U T TO LUB CRr.F (WS IV WlY1 #10 ¢, OZ ei F —u aC 0 ;' w < ea O 6 �o'yf �61a i� (4Ra� 3u3 `-1 FIELD #7 --731 AC FrB.D #6 N OFrrH 583 AC (EXISING) 714 AC (EXPANOED) FIELD 418 1516 AC (EXISTING) scus I• = 10a /1081 AC (EXPANDED) ,/' Lm..,uryo,war..rviv aw..� 0 m i7 0 ` ron�v,wmn.xoxfl,sonr., a p I� O /\) NNT pI°QIMGE PPCLLC0.TION RF➢OR[PERfiTILKY>4 O DATFDJULY2M TDTAFaWAAE2S TDIALAREAS; AYEJa159M1 m y N C C TDIA WCitEL^E WSTTWY FIELDS TMDumt EII'AHSIDNlov- ati lG 7 TIGTDIFL 57RAY FEIDS= 195S9AC I() u O O ' FAD i HOLE i emrac QPA*Il�]AHT U 3 E C) a AT�rA 65MT�AT-..+a R.,rTn al � , E U W — D- N S 05 U EXIS"RNG ,o a z r c A WWTP ..;a LUX;D u Ii1 � I j`iPwn :n ~IL aD � .sewn n osas _ 3MG 5 DAY iEC POPiD �'•� FINAL DESIGN7c. — NOT RELEASED FORONSTRUCTION EXHIBIT D Easement Property All of the "Common Property" as that term is defined in the Restated Declaration of Covenants and Restrictions for Governors Club recorded in Book 868, Page 995, Chatham County Registry, as the same may have been and may hereafter be amended from time to time, to which Restated Declaration of Covenants and Restrictions for Governors Club reference is hereby made for a more particular description. 11 FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Sep 07, 2005 AT 08-41-13 am BOOK 01205 START PAGE 0215 END PAGE 0225 INSTRUMENT # 11980 BOOK�b EFFLUENT EASEMENT AGREEMENT PREPARED BY. Steven J Levitas, Esquire RETURN TO: Bradshaw & Robinson, LLP Post Office Box 607 Pittsboro, NC 27312 This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of the 1-ff t4 lay of i4st, 2005, by GOVERNORS CLUB LIMITED PARTNERSHIP, a Delaware Limited Partnership ("Grantor") 'and GOVERNORS CLUB, INC., a North Carolina nonprofit corporation ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of certain amenity areas and other real property at Governors Club (as defined below). WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor on behalf of the Permittee. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: 1 Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.2 "Effluent Easement Agreement " shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. 13 "Effluent Storage Ponds" shal.l mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below) 1.4 "Golf Course Spray Areas " shall mean the golf course and other areas at Governors Club owned by Grantee that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent 1.5 "Governors Club " shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities. 1.6 "Grantee " shall mean Governors Club, Inc., a North Carolina nonprofit corporation. 1.7 "Grantor" shall mean Governors Club Limited Partnership, a Delaware Limited Partnership. 1.8 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation dated December 18, 2003, as amended from time to time 1.9 "Permit" shall mean the permit for the operation of the Wastewater Utility System (as defined below) and Spray Irrigation Facilities (as defined below) issued by DWQ, as the same may be modified or renewed from time to time. 1.10 "Permzttee " means Governors Club Limited Partnership, a Delaware Limited Partnership, the holder of the Permit, and its successors and assigns 1.11 "Spray Areas" shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1.12 "Spray Irrigation Facilities " shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas 1.13 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Permit. 1 14 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater. 1 15 "WWTP" shall mean the wastewater treatment plant located within Governors Club 2 Grant of Easement 21 Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the Golf Course Spray Areas are located, as more particularly described in Exhibit A (the "Golf Course Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the protocols set forth on Exhibit B (the "Spray Protocols"). This easement allows such spraying and related activities within the Spray Areas identified in the Permit and generally depicted on the map attached as Exhibit C ("Easement Areas") The Easement Areas are located within the property described on Exhibit D attached hereto (the "Easement Property") Grantor shall not further encumber the Easement Areas, or engage in any activity therein, or grant any other interest or privilege therein to any other party, that would interfere with Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement 2.2 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore. Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby. In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas Grantee shall have no obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary care in its use of the same. Where roads, paths, or other ways of travel do not exist, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas. If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted This section intentionally omitted. 4 General Provisions 4.1 Binding upon Successors and Assigns. The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land, they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the W WTP Property or the Easement Property. 42 No Third Party Beneficiary Rights Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 4.1 above 43 Independent Contractor The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an agency, partnership, orjomt venture between the parties hereto 44 Counterparts This Effluent Easement Agreement may be executed in one or more counterpart signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement 4.5 Headinas The headings of particular provisions of this Effluent Easement Agreement are inserted for convenience only and shall not be construed as a part of this Effluent Easement Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent Easement Agreement 4.6 Enforcement of Agreement. Each party acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not performed in accordance with their specific terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 4.7 Notices All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement Agreement (or at such other address or facsimile number as such party or permitted assignee shall have furnished to the other parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery, mailing, or facsimile transmission. 4.9 Waiver No waivers of, or exceptions to, any term, condition or provision of this Effluent Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision 49 Entire Agreement This writing and the documents referred to herein embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 4.10 Modifications in Writing. This Effluent Easement Agi eement shall not be modified, amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way 4.11 Consent to Jurisdiction The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies arising out of relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement Agreement, whether such controversies sound in tort law, contract law or otherwise Each of the parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available 412 Governing Law. This Effluent Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules 4 13 Recordation, Duration Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense The provisions of this rd Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Properly or the Easement Property, and will be and remain in effect until such time as a document terminating this Effluent Easement Agreement is signed by all of the owners of the WWTP Property and the Easement Property and recorded in the public land records of Chatham County 4.14 Required Amendments In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder [Next Page is Signature Page) 5 [Signature Page to Effluent Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. GOVERNORS CLUB LIMITED PARTNERSHIP a Delaware Limited Partnership By: Its General Partner, Governors Club Development Corporation By: ame: ' � LRC-1 Title: Pe"- "4e'U; Address: 1 F i i b, 4 P. 9 51i may, North Carolina a ? + Attn: L-Mr- a . !�eAAceq Fax: GOVERNORS CLUB, INC. a North Carolina Nonprofit Corporation By: � Name: eii Title: poes r1 OUT Address: 11000 Governors Drive Chapel Hill, North Carolina 27517 Attn. Fax: 0 STATE OF NORTH CAROLINA COUNTY OF t undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he is the of Governors Club Development Corporation, the general partner of Governors Club Limited Partnership, a Delaware Limited Partnership, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this day of , 2005. 51///��// My Commission Expires B . = A Date NOTARY .� = tary Public �� •- PUBLIC .ram .•cis Z III►► STATE OF NORTH CAROLINA COUNTY OF Ci,o-moo_ r„ I, the undersigned Notary Public for the County and State aforesaid, certify that MC, personally appeared before me this day and acknowledged that he is the of Governors Club, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp of 2005. My Commis,ion Expires Date 7 EXHIBIT A Golf Course Property All of the tracts designated 1 through 15 as shown on the plat entitled, "Composite Map, Governors Club Golf Club Property," recorded at Plat Slides 96-456 through 96-468, Chatham County Registry, to which plat reference is hereby made for a more particular description EXHIBIT B Spray Protocols The Spray Protocols developed or to be developed by Governors Club Limited Partnership, Governors Club, Lie. and Governors Club Property Owners Association, Inc for the operation of the Spray Irrigation Facilities used in the application of Treated Wastewater from the Wastewater Treatment System upon the Spray Areas located in the planned unit development located in Williams Township, Chatham County, North Carolina and commonly known as "Governors Club", all as more particularly described in Section 6 of that certain Amended and Restated Wastewater Irrigation Agreement by and among the above -named parties dated December 18, 2003, as the same may have been or may hereafter be amended from time to time, the provisions of which agreement concerning Spray Protocols are incorporated herein by this reference. M PROPERTY BOUNDARY FIELD #22 60 AC FEI.D 013 FIELD 923 765 AC 9 AC FIELD #14 FIELD #21 2.9 AC FIELD #9 FIELD #12 #24 57 AC FIELD � 6T'' AC (EXISTING) 159 AC FIELD 42 ^ 1288 AC 729 AC (EXPANDED) LLLL� 3FIELD 8 AC#20 / 'rN• FIELD 010 In. FIELD #p 556 AC I O57 356AC1EMO 9AC EXPANDED) f >L 9 FIELD 48 6 w y e 738 AC FIELD #19 L� T ,420 AC FIELD #7 FIELD 425 / '�'""' / 731 AC 47 AC FIELD #26 ,) FELD 46 NORTH 57 AC 5B3 AC (e aMG) FEW #17 � 714 AC (EXPANDED) • � o .cv FIELD # 1 6D4 AC FIELD 418 SB7 AC �1516 AC (EXISTING) SCPLE T• .- aoo' 1081 AC (EXPANDED) nr� �i °relwxor uwc+mxns„•rwrnusEi In O MELD # 16 _ wr ° N y) 0 824 AC u$ Q a w uwmwPonu ow nun a l b N01J OISC}Ati,E APFICAU-FTM. POW f 15MttY .Q T O T FIELD $ 2 wa a �� DATED T7 JULYE TCT&, 3s 22° &AAEASaiAYEV. 15951,T d 41 , 516 AC (EXISTING) T.TIHPICfiEM1,EYiERl\YFfc�57Hibl13fE?P{fi9.IXtTfcWY".17iC Y 908 AC (EXPANDED), TrkT0T1LSFEAYFJFIDS=19504C E (f) (J I E-XIS1tiNG ST OPAGE •' FFT n # HOLE a POND�� Ina 5j+ � s ; FEW 3 ' / �•� FIELD #5 wnrm- 020 ACC FIELD f 27 (NEW) NEW 15 MIL GALLON EXISTING ° iia + r 5 REUSE HOLDING POND W WTP „',u , ; • w _ N FIELD # 28 (NEWT 8 60 AC FIEID #+ b"40 s FIELD # 29 (NrlN) �� ) ';: �",�� *, ,: -- _ 95E A uor° viiY u"w"ac of s k Fv. S.EPSHED NOTE EXIS ING 5 DAY'cLD.2C272E•Zjk,n,bLft°1NWOITTOOVE9CL'P615.1-,MSN NSY✓f UPSET POP4) FIE.1�SSANI°11 Dr" INTOUT TOCUEWaRVAN P65h I IN — I FIN- AL DLSIGN RELD # 30 (NEW) NOT RLI Ek M �,•"_ r 1007 AC I RDRG,N5PRLIGION 1 — EXHIBIT D Easement Property All of the property wrtlun the planned unit development located in Williams Township, Chatham County, North Carolma known as "Governors Club" that is owned by Governors Club Limited Partnership and that has been permitted by the Division of Water Quality of the North Carolina Department of Environment and Natural Resources for spray irrigation with treated wastewater as described in the Amended and Restated Wastewater Irrigation Agreement by and among Governors Club Limited Partnership, Governors Club, Inc. and Governors Club Property Owners Association, Inc., dated December 19, 2003, as the same may have been or may hereafter be amended from time to time, to which agreement and permit issued by the Division of Water Quality of the North Carolina Department of Environment and Natural Resources, as the same may be modified or renewed from time to time, reference is hereby made for a more particular description. 11 FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Sep 07, 2005 AT 08:46:03 am BOOK 01205 START PAGE 0226 END PAGE 0237 INSTRUMENT # 11981 Boat 12 0 5 PnE 2 2 EFFLUENT EASEMENT AGREEMENT PREPARED BY: Steven J. Levitas, Esquire RETURN TO: Bradshaw & Robinson, LLP Post Office Box 607 Pittsboro, NC 27312 This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of theZ4'�*day of AiAquS+, , 2005, by GOVERNORS CLLTB PROPERTY OWNERS ASSOCIATION, Inc., a North Carolina nonprofit corporation ("Grantor") and GOVERNORS CLUB, INC., a North Carolina nonprofit corporation ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of certain amenity areas and other real property at Governors Club (as defined below). WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor on behalf of the Permitee. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources 1.2 "Effluent Easement Agreement" shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. 1.3 "Effluent Storage Ponds" shall mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below). 14 "Golf Course Spray Areas " shall mean the golf course and other areas at Governors Club owned by Grantee that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1.5 "Governors Club " shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities 1.6 "Grantee " shall mean Governors Club, Inc., a North Carolina nonprofit corporation. 1 7 "Grantor" shall mean Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation. 1 8 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club Limited Partnership, a Delaware Limited Partnership dated December 18, 2003, as amended from time to time. 1.9 "Permit" shall mean the permit for the operation of the Wastewater Utility System (as defined below) and Spray Irrigation Facilities (as defined below) issued by DWQ, as the same may be modified or renewed from time to time. 1.10 "Permittee" means Governors Club Limited Partnership, a Delaware Limited Partnership, the holder of the Permit, and its successors and assigns 1.11 "Spray Areas" shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1 12 "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas 1 13 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Permit 1.14 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater 1 15 "WWTP " shall mean the wastewater treatment plant located within Governors Club 2. Grant of Easement 2.1 Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the Golf Course Spray Areas are located, as more particularly described in Exhibit A (the "Golf Course Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the 2 protocols set forth on Exhibit B (the "Spray Protocols"). This easement allows such spraying and related activities within the Spray Areas identified in the Pen -nit and generally depicted on the map attached as Exhibit C ("Easement Areas"). The Easement Areas are located within the property described on Exhibit D attached hereto (the "Easement Property") The right to spray pursuant to this easement is given without payment of any fee or other charge being made therefore Grantor shall not further encumber the Easement Areas, or engage in any activity therein, or grant any other interest or privilege therein to any other party, that would interfere with Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement. 2.2 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore. Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas Grantee shall have no obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary care in its use of the same Where roads, paths, or other ways of travel do not exist, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas. If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted. 3. No Payments for Reuse Effluent or Operation of the Spray Irrigation Facilities There will not be any payments now or at any time in the future by Grantor to Grantee for the Reuse Effluent that will be sprayed on the Spray Areas. There will not be any payments by Grantee to Grantor now or in the future for any aspect whatsoever of the operation, maintenance; and repair of the Spray Irrigation Facilities 4 General Provisions 4.1 Binding upon Successors and Assigns. The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land, they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the WWTP Property or the Easement Property 42 No Third Party Beneficiary Rights Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 4.1 above. 4 3 Independent Contractor. The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an agency, partnership, or joint venture between the parties hereto 44 Counterparts This Effluent Easement Agreement may be executed in one or more counterpart signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement 4.5 Headings. The headings of particular provisions of this Effluent Easement Agreement are inserted for convenience only and shall not be construed as a part of this Effluent Easement Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent Easement Agreement. 4.6 Enforcement of Agreement. Each parry acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not performed in accordance with their specific terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 47 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement Agreement (or at such other address or facsimile number as such party or permitted assignee shall have furnished to the other parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery, mailing, or facsimile transmission. 48 Waiver. No waivers of, or exceptions to, any term, condition or provision of this Effluent Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision. 49 Entire Agreement. This writing and the documents referred to herein embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby 410 Modifications in Writing This Effluent Easement Agreement shall not be modified, amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way 4.11 Consent to Jurisdiction The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies arising out of, relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement Agreement, whether such controversies sound m tort law, contract law or otherwise. Each of the parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available. 412 GovermnQ Law This Effluent Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules 0 4 13 Recordation, Duration Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense. The provisions of this Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or the Easement Property, and will be and remain in effect until such time as a document terminating this Effluent Easement Agreement is signed by all of the owners of the WWTP Property and the Easement Property and recorded in the public land records of Chatham County 4.14 Required Amendments In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder. [Next Page is Signature Page] [Signature Page io Effluent Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, Inc., allorth Carolina nonprofit corporation By. _ Name: Title: Address: Attn: Fax: GOVERNORS CLUB, INC. a North Carolina Nonprofit Corporation By: Name: _ EAU / ijSerJ Title: Csi &i Address 11000 Governors Drive Chapel Hill, North Carolina 27517 Attn. Fax: G'! STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that M 1&%0'e. W , !� a , personally appeared before me this day and aclaiowledged that he is the «s;8"Cn of Governors Club Property Owners Association, hie., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he sighed the foregoing instrument in its name on its behalf as its act and deed 91-1 Witness my hand and official stamp or seal, this 3 day of 4 LA 2005. U My� Commission Expires. ,/ (i arcC 1 Date STATE OF NORTH CAROLINA COUNTY OF I, the undersigned 3r� C_ t,--r Notary Plublic Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he is the of Governors Club, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this day of , 2005 My Commission Expires* Date Notary Public 7 STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and aclmowledged that he is the of Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this day of 2005. My Commussion Expires: Date Notary Public STATE OF NORTH CAROLINA COUNTY OF CH. cl,-'k w` I, the undersigned Notary Public for the County and State aforesaid, certify that fyR . )z e w --'�., vx z o ---I personally appeared before me this day and aclmowledged that he is the IFw.e b', cl w -I-r of Governors Club, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this �� day of 2005. My Commission Expires: '!� — W'0.0 ?- /4 Date Notary Public 7 EXHIBIT A Golf Course Property All of the tracts designated 1 through 15 as shown on the plat entitled, "Composite Map, Governors Club Golf Club Property," recorded at Plat Slides 96-456 through 96-468, Chatham County Registry, to which plat reference is hereby made for a more particular description. EXHIBIT B Spray Protocols The Spray Protocols developed or to be developed by Governors Club Limited Partnership, Governors Club, Inc. and Governors Club Property Owners Association, Inc. for the operation of the Spray Irrigation Facilities used in the application of Treated Wastewater from the Wastewater Treatment System upon the Spray Areas located in the planned unit development located in Williams Township, Chatham County, North Carolina and commonly known as "Governors Club", all as more particularly described in Section 6 of that certain Amended and Restated Wastewater Irrigation Agreement by and among the above -named parties dated December 18, 2003, as the same may have been or may hereafter be amended from time to time, the provisions of which agreement concerning Spray Protocols are incorporated herein by this reference I PROPERTY BOUNDARY FA 22 REM #13 HELD S23 765 AC 9 AC FIELD #14 D 421 29 ACFIELD #9 FIELD #12 FIELD 1r24 C FEW G19 6 T7 AC (EX(STING) 269 AC I I 42 PC 729 AC (EXPANDED) e FIELD #20 38 AC 5556 ADC ¢, HELD411 0 �W^! FIELD #15 080 AC ((EXISTING) I... i Wz 597 AC 356 AC (EXPANDED) ( vwGi 7338A 7C8 FIELD #19 .420 AC FIELD 87 FIELD 426 731 AC 47 AC FIELD #26 FE D4B NORTH 57 AC 583 AC (EXISTING) _ FELD 49 714 AC (E+(PAND®) FIELD # 1 c 6 04 AC - HELD ;<18 1516 AC (EXISTING) scr E r - 4ao 587 AC j 1081 AC (EXPANDED) / / .v.i ,owiov,smua�veuaw,n.ea o FIELD 016 o 834 AC // w 0 uA wnn nm awa morn o �` ) NON OISCHPAuEMPIrCAT1IXI PEFORf PDU.4C♦x'.111ME° ¢ L FIELD va . / OAIEh MYd�TOTPLFRIII9 PAE ".d �i4LAf�TEPfY1YEO=IAS, AC C 2 C 516 AC (EXISTING) e, T"AL r�=VVaa-YFE STtTrYi ,HFXPANSMKW-X17AC ! U� ae 0 908 AC (EXPANDED) .. V EXISTING STORAGE / •• KID F HOLE f ,.�. `s@nA �,` a 41 u POND a, w ? w E wra2 , 'msv, x FIELD # 3 - FIELD 0 020 AC 84 AC vwvh.�FIELD @ 27 (NEM NEW 15 W_ GALLON •EXISTING 'enx ;�x r F; a U _3V.AC REUSE HGLDINGPOND WWTP 4 21 K .6 RF1-D 128 (p1E?N) 6 4 AC RED # 29 (NEW) .�._.✓`�_ ( o01P„sew4'.i,Yi s' '°-n.r,. / 952 AC >a�r-csN:Nr ov — r.-,.v WPTER.":HED N31F EyJSTNG 5 DAY FE%r2d,1'2°XIMO30 (AWN KOOUTTO019ilRCHEEKWSVNr M UPSET POND — FIE109dF71U„raanl•rrDL;T TC CAIB CREEK MIS IV WV,, FINAL DES1GN FIELD # 30 (NEW) NO) RILEA-SE 10 07 AC FOR :.ONSIRUC I- f, • I EXHIBIT D Easement Property All of the "Common Property" as that term is defined in the Restated Declaration of Covenants and Restrictions for Governors Club recorded in Book 868, Page 995, Chatham County Registry, as the same may have been and may hereafter be amended from time to time, to which Restated Declaration of Covenants and Restrictions for Governors Club reference is hereby made for a more particular description. 11 BOOK 120 5 PAGE 238 EFFLUENT EASEMENT AGREEMENT PREPARED BY: Steven J Levitas, Esquire RETURN TO. Bradshaw & Robinson, LLP Post Office Box 607 Pittsboro, NC 27312 FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Sep 07, 2005 AT 08 46.53 am BOOK 01205 START PAGE 0238 END PAGE 0248 INSTRUMENT # 11982 This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of the241ay of �"A" ; 2005, by GOVERNORS CLUB, INC., a North Carolina nonprofit corporation ("Grantor") and GOVERNORS CLUB LIMITEI> PARTNERSHIP, a Delaware Limited Partnership ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of a golf course and certain other real property at Governors Club (as defined below). WHEREAS, Grantee operates a Wastewater Utility System serving Governors Club. WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.2 "Effluent Easement Agreement" shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. 13 "Effluent Storage Ponds " shall mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below) 1.4 "Governors Club" shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities. 1.5 "Grantee " shall mean Governors Club Limited Partnership, a Delaware Limited Partnership. 1.6 "Grantor" shall mean Governors Club, Inc., a North Carolina nonprofit corporation. 1.7 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation dated December 18, 2003, as amended from time to time. 1.8 "Permit" shall mean the permit for the operation of the Wastewater Utility System (as defined below) and Spray Irrigation Facilities (as defined below) issued by DWQ, as the same may be modified or renewed from time to time. 1.9 "Spray Areas" shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent 1.10 "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas 1.11 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Permit. 1.12 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater 1 13 "WWTP " shall mean the wastewater treatment plant located within Governors Club 2 Grant of Easement 21 Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the WWTP is located, as more particularly described in Exhibit A (the "WWTP Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the protocols set forth on Exhibit B (the "Spray Protocols") This easement allows such spraying and related activities within the Spray Areas identified in the Permit and generally depicted on the map attached as Exhibit C ("Easement Areas") The Easement Areas are located within the property described on Exhibit D attached hereto (the "Easement Property") Grantor shall not further encumber the Easement Areas, or engage in any activity therein, or grant any other interest or privilege therein to any other party, that would interfere with Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement 22 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby. In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas Grantee shall have no obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary care in its use of the same. Where roads, paths, or other ways of travel do not exist, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted 3 This section intentionally omitted. 4. General Provisions 4 1 Binding upon Successors and Assigns The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land, they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the WWTP Property or the Easement Property. 4.2 No Third Party Beneficiary Rights. Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 13 1 above 43 Independent Contractor The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an agency, partnership, orjoint venture between the parties hereto 44 Counterparts This Effluent Easement Agreement may be executed in one or more counterpart signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement 45 Headings The headings of particular provisions of this Effluent Easement Agreement are inserted for convenience only and shall not be construed as a part of this Effluent Easement Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent Easement Agreement 46 Enforcement of Agreement. Each party acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not performed in accordance with their specific terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking 47 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (h) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement Agreement (or at such other address or facsimile number as such party or permitted assignee shall have furnished to the other parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery, mailing, or facsimile transmission. 4.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of this Effluent Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision 4.9 Entire Agreement. This writing and the documents referred to herein embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby 410 Modifications in Writmg This Effluent Easement Agreement shall not be modified, amended, or changed in any respect except in writmg, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way 411 Consent to Jurisdiction. The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies arising out of, relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement Agreement, whether such controversies sound in tort law, contract law or otherwise Each of the parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available 4.12 Governing Law This Effluent Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules 4.13 Recordation, Duration. Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense The provisions of this Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or the Easement Property, and will be and remain in effect until such time as a document terminating this Effluent Easement Agreement is signed by all of the owners of the WWTP Property and the Easement Property and recorded in the public land records of Chatham County 414 Reauired Amendments. In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the 9 parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder [Next Page is Signature Page] [Signature Page to Effluent Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written GOVERNORS CLUB, INC. a North Carolina Nonprofit Corporation By: Name: Title. Address: 11000 Governors Drive Chapel Hill, North Carolina 27517 Attn: Fax: GOVERNORS CLUB LIMITED PARTNERSHIP a Delaware Limited Partnership By: Its General Partner, Governors Club Development Corporation By: r Name: / ��' ' ✓ Title: LU; Address: 1 P.O • S°k- 9 -A-u F ra , North Carolinalq##1 d 3 S! Attn: i^.2eAd(-" Fax. STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that 11*f,) ,-) personally appeared before me this day and aclmowledged that he is the ��-c D► 4 e of Governors Club, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this of) - -' day of �S , 2005 My Commission Expires- 2 e7 Date STATE OF NORTHHj ClA/R-OLINA COUNTY OF C�IGtC Vbty Notary Public the undersigne Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he is the of Governors Club Development Corporation, the general partner of Governors Club Limited Partnership, a Delaware Limited Partnership, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this day of , 2005 My Commission Expires - Date � ��,E Qo S, 6,11/ tary Public .� _ �CTARY x ;cn= usLIC EXHIBIT A WWTP Property, ALL that parcel of land upon which the Governors Club wastewater treatment plant is located, being more particularly described as the southeastern portion of Tract 21 of the Governors Club Planned Unit Development as shown and described on the plat entitled, "Boundary Survey for the Governors Club Development Corporation," recorded at Plat Slide 89-95, Chatham County Registry, and being the portion of the said Tract 21 that is bounded on the north by Tract 7 as shown and described on the plat entitled, "Composite Map, Governors Club Golf Club Property," recorded at Plat Slides 96-456 through 96-468, Chatham County Registry ("Golf Club Property Plat"), and being bounded on the west by the private road designated "Morehead" as shown and described on the plat entitled, "Morehead Forest, Governors Club, Phase Four," recorded at Plat Slides 90-256 through 90-262 and by Tract 9 as shown and described on the Golf Club Property Plat, and being the same area designated, "Maintenance Area & Utility Site" on the portion of the Golf Club Property Plat recorded at Plat Slide 96-467, Chatham County Registry All of the recorded plats referred to herein are incorporated herein for a more particular description of the WWTP Property. EXHIBIT B Spray Protocols The Spray Protocols developed or to be developed by Governors Club Limited Partnership, Governors Club, Inc and Governors Club Property Owners Association, Inc for the operation of the Spray Irrigation Facilities used in the application of Treated Wastewater from the Wastewater Treatment System upon the Spray Areas located in the planned unit development located in Williams Township, Chatham County, North Carolina and commonly known as "Governors Club", all as more particularly described in Section 6 of that certain Amended and Restated Wastewater Irrigation Agreement by and among the above -named parties dated December 18, 2003, as the same may have been or may hereafter be amended from time to time, the provisions of which agreement concerning Spray Protocols are incorporated herein by this reference ° NOLL--n B0i otl Loot ON WaN) O8 & mad NV�II� tasr wwJgv DsrooiinrL�nnrecnuvev�r�a ONOd 139d0 tm N ma ml 3a-r:amugmm ifl(`lh7}mu ci:'Cwsf:Tm a9z;�GT3id Iva 9 `JM15IX3 3 LON C13HSEJ31VAAmcol ` OV ZSE (M3N) 6Z 9 mild mT °s m� :'r y9 OV 098 .ewsi�c (N13N) BZ $ m3V3 a ui. "` x s JIM M ONOd UNIOIOH 38n3d OV ZL B x ems( JM).S'O(3 NOT)7O -lal 3L M3N •,ad1tl' O GYL3id) L�, @ Qi3H Otl b8 OV 050 *mamn E 0 Q13u s o Q fl mo xw` ` a 60 O13i-i ' e (>> (D u marunvnrra�xarus°r�rr alOH aa-su 4NOd m Cl � � 3 aau �acs Rusx� •• s 3JtlHOlS �f11191X3 jx es sa, =sama Arsaswsmmu _ i (d3ON7d'L3) OV 806 ? v m 7dL1?C=lA3MN65M1dt31�f10tfHi5Q73iAWR1A3530]1nTI101 (E)NLLSIX3) OV 9L5 m p d a.sscs,-mxwasa3euxsOtSzasesacteirioiwozonro�ro z (T g D eom¢,nuruvmd �oAuemuaa>tnendso,rors isw°ow,rs„r OV we 0 co v , 9L 0 G-Gw rn lO3(7NVdX31 OV IBOt/ — OV LBS Oor m a awns (ON(L6I1.3) OV U.91 l t mild -- ,� 8LR TSH Otl 1109 ooa o an.. (CE3ONvin) OV M L L1S Q7361 (E)"LLOO) OV egg OV LS H1tION e60131 9Z8Ol3Li OV LV OV le L 931 m313 LS m31d OV OZ'6 ° o n •;,5 .e c�v i� hl OV 8ffL z O Z:U` 8� m313 a zG-)� (e3aNvdx-d)Ov958OVL65 �a t rnn) 0 (OMI81X3) OV 080 SNF Q131d =zp Ov 999 018 C(131d U8 coati - OV Be Of (7131d OV 88ZL \\ OV Zb (O3ONtldX3) Otl 6Z'L ` bZ$ Ol3L4 OV OSZ (ONILSIX3) OV Ll9 6'•t Ol3l:=l Ov 49 31R O191d - oA m361 OV 69 )Z# m3N r:�lt CMU OV 994 Of mald Bte DISH Ov 09 ZZa mild kHVGNnOB ue3dOea EXHIBIT D Easement Property All of the tracts designated 1 through 15 as shown on the plat entitled, "Composite Map, Governors Club Golf Club Property," recorded at Plat Slides 96-456 through 96-468, Chatham County Registry, to which plat reference is hereby made for a more particular description. i BRADSHAW & ROBINSON, LLP ATTORNEYS AND COUNSELORS AT LAW HALL-LONDON HOUSE 128 HILLSBORO STREET POST OFFICE BOX 607 PITTSBORO, NORTH CAROLINA 27312 PATRICK E. BRADSHAW NICOLAS P ROBINSON COURTNEY A. BOWEN September 7, 2005 Laurence Cobb, Esquire The Sanford Holshouser Firm 219 Fayetteville Street Mall Suite 1000 Raleigh, North Carolina 27601 RE: Governors Club Effluent Easement Agreements Dear Mr. Cobb. (919)542-2400 FAX 542.1319 law@bradshawrobinson Enclosed please find copies of the four recorded Effluent Easement Agreements. ncerely yours, anice B. Saunders Legal Assistant Enclosures 0401 0612 I 1 Book 401 Page 612 FiLNo:".:.7.,3, STATE OF NORTH CAROLINA RIGHT OF WAY A i 1............ COUNTY GREEMENT ; THIS INDENTURE, made and entered Into this %Gf day of byand between .�►........................ 19, F a WILLIAM L. HUNT, Single r m STATE CP d� t ._ M4R1 '77 1 7 0 0 r o RtLfDs99 — • hereinafter called "Grantor" (whether one or more), and DUKE POWER COMPANY, a North Carolina corporation, hereinafter called "Grantee" t WITNESSETH: That Grantor, In consideration of Ten Dollars and other valuable considerations paid by Grantee, the receipt of which Is hereby acknowledged, does grant and convey unto Grantee, its successors and assigns, subject to the limitations hereinafter described, the right to erect, construct, reconstruct, replace, maintain and use towers, poles, wires, lines,. cables and all necessary and proper foundations, footings, crossarms and other appliances and fixtures for the purpose of transmitting electric power and for Grantee's cdm! imunication purposes, together with a right of way, on, along and in all of the hereinafter described tract (s) r of land lying and being In the aforesaid county and more particularly described as follows, Being a strip of land ... 3.25 ....................... feet wide extending 225 feet on the ........ 1lgx', NaR.tgIrly.......................... oldieand feet on the 100 seut.,heaatexly..... side of a survey line which has been marked on the ground and .is approximately 15fiQ.A. feet long and Iles across the land of the Grantor (In one or more sections). Said strip(s) is shown on map of Duke Power Company Rights of Way marked File No. „,5.7300 ;•, Copy of which Is attached hereto and made a part hereof. I The land of the Grantor over which said ,rights and easements are granted Is a part of the property which was acquired by, ,I n I M .Deed recorded in Book ��.Q. at page z.$. Deed n BQoI: .. 5 r ee recorded I Y. L�`t.�.Yi ! .la.l. at page . ..................... Deed recorded in Book .....i....,;` .... .�.... .G,.1.. .... lA page ..... .....`.... • .� S • '�i ,rjnaw i , usf+v �, � WIII recorded ine t, Now s:1WNi11" -from t s ri s la n 7. T, M.C. %M • _ I BK 2401 PG 0335 State of North Carolina Department of Environmental Quality Division of Water Resources FILED ELECTRONICALLY CHATHAM COUNTY NC LUNDAY A. RIGGSBEE REGISTER OF DEEDS ---------------------- ---------------------- FILED Feb 20, 2024 AT 02:31:47 PM BOOK 02401 START PAGE 0335 END PAGE 0338 INSTRUMENT # 01382 EXCISE TAX $0.00 NON -DISCHARGE WASTEWATER SYSTEM WAIVER AGREEMENT TO WAIVE SETBACKS AS REQUIRED BY 15A NCAC 02T .0506(a), .0506(b), .0606(a), .0706(a) AND .1006(a) I, V. t �\G j 5%`4-(-) C-4 (printed name), certify that I am a deeded owner or an authorized agent of the property located at: Address: 12200 MOREHEAD Parcel No.: 0072901 City: CHAPEL HILL State: NC Zip Code: 27517 County: CHATHAM Furthermore, I certify that I am authorized to make decisions regarding this property, and that I do hereby agree that the setback distances cited below be granted to the Applicant/Permittee listed on the following page and in accordance with Appendix A, P. 1-2 attached hereto and incorporated herein. I understand the setback requirements set forth in 15A NCAC 02T. For the parcel identified above, I consent to the following reduced setbacks: ❑ Wastewater Irrigation/Infiltration Setback to Property Lines The required setback of feet is reduced to feet, thereby allowing wastewater effluent irrigation or infiltration no closer than feet from my property line. ❑ Wastewater Irrigation/Infiltration Setback to Places of Assembly The required setback of feet is reduced to feet, thereby allowing wastewater effluent irrigation or infiltration no closer than feet from my residence(s) or place(s) of assembly. Wastewater Treatment and Storage Unit Setback to Property Lines The required setback of 50 feet is reduced to 20 feet, thereby allowing the construction of wastewater treatment and storage units no closer than 20 feet from my property line. ❑ Wastewater Treatment and Storage Unit Setback to Places of Assembly The required setback of feet is reduced to feet, thereby allowing the construction of wastewater treatment and storage units no closer than feet from my residence or place of assembly. � `��� Signature: �+ Date: February 6, 2024 FORM: NDWSW 02-19 Page 1 of 2 Submitted electronicallv by Adams, Howell, Sizemore & Adams, P.A. in compliance with North Carolina statutes Eovernine recordable documents and the terms of the submitter aureement with the Chatham Countv Register of Deeds. BK 2401 PG 0336 Applicant/Permittee: AQUA NORTH CAROLINA, INC. Permit No.: W00000088 Address: 12222 Morehead City: CHAPEL HILL NORTH CAROLINA, CHATHAM Parcel No.: 0080617 State: NC Zip Code: 27517 County: CHATHAM a Notary Public for (j County, North Carolina, do hereby certify thatpersonally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the _La day of V-_V_, ,c j tom_, 62 SEAL (1NOTARY PUBLIC (llllll Orange County �)North My Commission Expires 3/26/2028 Signature of Notary Public j My commission expires 2 { �- Once notarized, this form shall be recorded at the Register of Deeds in the county or counties in which the described properties are located. A copy of the recorded waiver shall be sent to the following address: Division of Water Resources Non -Discharge Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 FORM: NDWSW 03-17 Page 2 of 2 BK 2401 PG 0337 Non -Discharge Wastewater System Waiver Form for 12200 Morehead, Chapel Hill, NC 27517 Chatham County Appendix A The setback waiver dated November 29, 2023, and executed by Governor's Club, Inc. as deeded owner of Parcel No. 0072901 ("Governor's Club Property"), and Aqua North Carolina, Inc., as permittee for Permit No. WQ0000088, and owner of Parcel No. 80617 ("Aqua North Carolina Property") is applicable for the existing treatment units under Permit No. WQ0000088 as of the date of the Non -Discharge Wastewater System Waiver Form ("Waiver Form"). The location of the treatment units and relationship of the Governor's Club and Aqua North Carolina Properties are depicted in this Appendix A, p.2, at 12200 Morehead, Parcel No. 0072901, Chapel Hill, NC 27517 ("Property"). Any construction, expansion, or otherwise modification of treatment units under Permit No. WQ0000088 after the date of this Waiver Form that would otherwise require a setback waiver form pursuant to 15A NCAC 02U .0701(a) will require a separate setback waiver form, or an amendment of this waiver form, to be executed by Governor's Club or the then -future owners of the Governor's Club Property and Aqua North Carolina, Inc. or successors in interest. Appendix A, P. 1 BK 2401 PG 0338 Non -Discharge Wastewater System Waiver Form for 12200 Morehead, Chapel Hill, NC 27517 Chatham County Appendix A Depiction of treatment units and relationship of the Governor's Club and Aqua North Carolina Properties. Image sourced from Chatham County Land Records Viewer GIS basemap entitled "2023 Aerials" and parcel layers. Appendix A, P. 2 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 25, 2020 MICHAEL A. MELTON — ENGINEERING MANAGER AQUA NORTH CAROLINA, INC. 4163 SIINCLAIR STREET DENVER, NORTH CAROLINA 28037 Subject: Permit No. WQ0000088 Governors Club WWTP Reclaimed Water Generation and Dedicated Utilization System Chatham County Dear Mr. Melton: In accordance with your permit minor modification request received January 10, 2020, we are forwarding herewith Permit No. WQ0000088 dated March 25, 2020, to Aqua North Carolina, Inc. for the construction and operation of the permitted modifications, as well as the continued operation of the existing reclaimed water generation and dedicated utilization facilities. The following modifications to the subject permit are as follows: addition of a 27,000 gallon digester to enable the rehabilitation of the existing digester. This permit shall be effective from the date of issuance through July 31, 2023, shall void Permit No. WQ0000088 issued August 23, 2018, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than February 1, 2023. Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit condition since the last permit issuance dated August 23, 2018: ➢ Old Condition VL2. — This condition has been removed because the permit is not voidable. The following permit conditions are new since the last permit issuance dated August 23, 2018: ➢ Condition I.I. — Upon completion of construction and prior to operation of the permitted modifications, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted modifications have been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. ➢ Condition L2. — The Permittee shall notify the Raleigh Regional Office, telephone number (919) 791-4200, at least two business days in advance of initial operation of the constructed facilities so that the Division can conduct a startup inspection. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH c ROLINA OepartmeM of Environmental Quality /`� 919.707.9000 Mr. Michael A. Melton March 25, 2020 Page 2 of 2 ➢ Condition L3. —Prior to operation of the modified facilities, a Final Operation and Maintenance Plan shall be submitted for review. ➢ Condition L4. — Within 180 days of permit issuance, the Permittee shall submit a permit modification. ➢ Condition II.18. — Setbacks have changed to reflect rules in place at the time of permitting. ➢ Condition IIL 18 — Metering equipment shall be tested and calibrated annually. ➢ Condition II1.21. — Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. ➢ Condition IIL22. — If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be routed to the 1.5 MG 5-day upset pond until the problems associated with the reclaimed water generation system have been corrected. ➢ Condition IV.8. — Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the reclaimed water generation and dedicated utilization facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. ➢ Condition IV.10.b. —The maintenance log shall include irrigation equipment calibration. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this permit, please contact Tessa Monday at (919) 707-3660 or to ssa.monday_&ncdenr. gov. Sincerely, -gmS. Daniel Smith, Director Division of Water Resources cc: Chatham County Health Department (Electronic Copy) Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Ben Clawson, PE — Municipal; Engineering Services Company, PA (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENERATION AND DEDICATED UTILIZATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Aqua North Carolina, Inc. Chatham County FOR THE operation of a 300,000 gallon per day (GPD) reclaimed water generation and dedicated utilization facility treating domestic and commercial wastewater generated by the following sources: • All residences within the Governors Club Development; • All facilities within the development owned by Governors Club, Inc.; • All facilities within the development owned by Governors Club Property Owners Association, Inc.; • The North Chatham Elementary School; • The North Chatham High School; • Two residential services for the Green family; and • The office of Sandhills Grading & Pipe Corporation. consisting of the: construction and operation of a 27,000 gallon aerobic digester with two 130 gallon per minute (GPM) submersible pumps; and all associated piping, valves, controls, and appurtenances; the continued operation of Phases I and II (200,000 GPD total capacity) consisting of. a 60,000 gallon aerated flow equalization tank (covered and with odor control system) with a 250 cubic foot per minute (CFM) blower and two 175 gallon per minute (GPM) pumps; two 100,000 GPD extended aeration wastewater treatment plants each consisting of a flow control and splitter box, aeration tanks totaling 150,000 gallons in capacity with two 365 CFM blowers (an extra 365 CFM blower shall serve as a reserve for both plants), multiple clarifier units with a total capacity of 20,830 gallons, a chlorination system with two tablet chlorinators and a 3,125 gallon chlorine contact tank, a tertiary filtration unit with dual 35 square foot (ft) filter cells (air scour for both units provided by a 140 CFM blower), a 5,250 gallon clearwell and two 535 GPM pumps, and a 5,950 gallon mudwell with two 175 GPM pumps; a 45,000 gallon aerated sludge holding tank (aerated from main plant aeration system); and all associated piping, valves, controls, and appurtenances; the WQ0000088 Version 4.1 Shell Version 200201 Page 1 of 13 continued operation of Phase III (100,000 GPD total capacity) consisting of a 30,000 gallon aerated flow equalization tank (covered and with an odor control system) with a 100 CFM blower and two pumps; a 100,000 GPD extended aeration wastewater treatment plant, consisting of a flow control and splitter box, aeration tanks totaling 150,000 gallons in capacity with three 325 CFM blowers (an extra 365 CFM blower shall serve as a reserve for both plants), multiple clarifier units with a total capacity of 20,830 gallons, a chlorination system with two tablet chlorinators and a 3,125 gallon chlorine contact tank, a tertiary filtration unit with dual 35 W filter cells, a 70 CFM blower, a 5,250 gallon clearwell and two 525 GPM pumps, and a 5,950 gallon mudwell with two 175 GPM pumps; a 15,000 gallon aerated sludge holding tank; and all associated piping, valves, controls, and appurtenances; the continued operation of. an ultraviolet (UV) disinfection system; continuous flow monitoring and recording device; dosing chamber with two 280 GPM pumps to convey effluent to the 5-day detention pond or irrigation pond; continuous turbidity monitoring and recording device; telemetry system; automatically - activated backup generator system; and all associated piping, valves, controls, and appurtenances; the continued operation of. a 1.5 million gallon (MG) 5-day detention pond; 15.5 MG irrigation pond; 15.0 MG irrigation pond with two 570 GPM pumps to transfer reclaimed water to the other irrigation pond; and all associated piping, valves, controls, and appurtenances; and the continued operation of a 234,128 GPD reclaimed water irrigation system with a 195.68 acre spray irrigation area; and all associated piping, valves, controls, and appurtenances to serve the Governors Club WWTP, with no discharge of wastes to surface waters, pursuant to the application received January 10, 2020, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through July 31, 2023, shall void Permit No. WQ0000088 issued August 23, 2018, and shall be subject to the following conditions and limitations: I. SCHEDULES Upon completion of construction and prior to operation of the permitted modifications, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted modifications have been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit, and shall provide a final engineering certification upon project completion. Mail the Engineering Certification to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non- Discharge.Reports&ncdenr.gov. [15A NCAC 02T .0116(a)] 2. The Permittee shall notify the Raleigh Regional Office, telephone number (919) 791-4200, at least two business days in advance of initial operation of the constructed facilities so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)] 3. Prior to operation of the modified facilities, a Final Operation and Maintenance Plan shall be submitted for review. The plan shall be sent to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 or Non-Discharge.Reports&ncdenr. og_v. [15A NCAC 02T .0108(b)(1)(B), 02U .0801(a)] WQ0000088 Version 4.1 Shell Version 200201 Page 2 of 13 4. Within 180 days of permit issuance, the Permittee shall provide the following in a permit modification: a. A setback waiver for the treatment facility (50 feet to property owned by Governors Club Inc) pursuant to 15A NCAC 02U .0701(a). b. An easement waiver for the Duke power lines for both storage ponds. c. An easement for the irrigation fields filed with the Chatham County Register of Deeds that meets the requirements of 15A NCAC 02L. 0107(f). d. A scaled map showing the irrigation area wetted perimeter, parcel lines, surface waters, stormwater structures (ditches, inlets, etc.) and groundwater wells. Identify the originally permitted 128 acres of irrigation area. [15A NCAC 02T .0108(b)(1)(B)] 5. The Permittee shall request renewal of this permit on Division -approved forms no later than February 1, 2023. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject reclaimed water facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement reclaimed water generation and utilization facilities. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A. [15A NCAC 02U .0301] 5. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g)] 6. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)] WQ0000088 Version 4.1 Shell Version 200201 Page 3 of 13 7. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or otherwise marked to identify the source of the water as being reclaimed water as follows: a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less; b. Identification tape shall be at least three inches wide and have white or black lettering on purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe; and c. Existing underground distribution systems retrofitted for the purpose of convey reclaimed water shall be taped or otherwise identified as noted in IL7.a. and IL7.b. This identification need not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. [15A NCAC 02U .0403(c)] 8. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U .0403(d)] 9. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .0403(e)] 10. There shall be no direct cross -connections between the reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403(f)] 11. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .0403(g), 02U .0403(h)] 12. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)] 13. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)] 14. Reclaimed water irrigation fields permitted prior to September 1, 2006 have compliance and review boundaries established at the property boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02H .0219(k)(1)(C)(1)(III), G.S. 143-215.1(1), G.S. 143-215.1(k)] 15. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [ 15A NCAC 02L .0107(c)] WQ0000088 Version 4.1 Shell Version 200201 Page 4 of 13 16. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 17. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Chatham County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] 18. The facilities herein were permitted per the following setbacks: a. The original irrigation sites of 128 acres were converted from wastewater irrigation to reclaimed water irrigation on April 13, 1998. The remaining 67.68 acres of reclaimed water irrigation sites were originally permitted June 2, 2000, July 30, 2004, and August 2, 2004. The setbacks for spray irrigation sites originally permitted or modified from June 1, 1996 to August 31, 2006 are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters not classified SA: 25 iii. Each water supply well: 100 iv. Each non -potable well: 10 v. Each swimming pool: 25 [15A NCAC 02H .0219(k)(1)(C)(i)] b. The storage and treatment units (300,000 GPD treatment plant, 5-day storage pond, and effluent storage pond) were originally permitted October 4, 1988. The setbacks for storage and treatment units originally permitted or modified from October 1, 1987 to January 31, 1993 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 100' ii. Each private or public water supply source: 100 iii. Each well with exception of monitoring wells: 100 iv. Each property line: 50 2 v. Nitrification field: 20 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. WQ0000088 Version 4.1 Shell Version 200201 Page 5 of 13 c. The storage and treatment units were originally permitted August 2, 2004. The setbacks for storage and treatment units originally permitted or modified from June 1, 1996 to August 31, 2006 are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 50 iii. Each well with exception of monitoring wells: 100 iv. Each property line: 50 1 v. Nitrification field: 20 ' Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. d. The 27,000 gallon aerobic digester was originally permitted March 25, 2020. The setbacks for storage and treatment units originally permitted or modified on or after September 1, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02U .0701(b), 02U .0701(h), 02U .0701(i)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02U .0101] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in detail to show what operations are necessary for the system to function and by whom the operations are to be conducted; b. A description of anticipated maintenance of the system; c. Provisions for safety measures, including restriction of access to the site and equipment; and d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation, and contact information for personnel, emergency responders, and regulatory agencies; [15A NCAC 02U .0801(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] WQ0000088 Version 4.1 Shell Version 200201 Page 6 of 13 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [15A NCAC 02U .0401(e)] 5. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U .0801(b)] 6. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02U .0801(c)] 7. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)] 8. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02U .0801(d)] 9. Only reclaimed water generated from the Governors Club WWTP shall be irrigated on the sites listed m Attachment B. [15A NCAC 02U .0101] 10. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [15A NCAC 02U .0801(e)] 11. The Permittee shall prohibit public access to the wastewater treatment and storage facilities. [15A NCAC 02U .0402(e)] 12. Public access to reclaimed water utilization sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. [15A NCAC 02U .0501(a)(2)] 13. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .1100, 02U .0802]. 14. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities. [15A NCAC 02U .0402(g)] 15. Freeboard in the 15.5 MG irrigation pond, 15 MG irrigation pond, and 1.5 MG 5-day upset pond shall not be less than two feet at anytime. [15A NCAC 02U .0401(h)] 16. Gauges to monitor water levels in the 15.5 MG irrigation pond, 15 MG irrigation pond, and 1.5 MG 5- day upset pond shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02U .0801(f)] 17. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02U .0801(g)] 18. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)] 19. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. [15A NCAC 02U .0401(d)] WQ0000088 Version 4.1 Shell Version 200201 Page 7 of 13 20. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. [15A NCAC 02U .0401(b)] 21. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be routed to the 1.5 MG 5-day upset pond until the problems associated with the reclaimed water generation system have been corrected. The water in the 1.5 MG 5-day upset pond shall be pumped back to the treatment plant headworks for re -treatment or treated in the 1.5 MG 5-day upset pond prior to utilization. [15A NCAC 02U .0402(d)] 22. The Permittee shall provide notification to the public and its employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501(a)(2)] 23. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [15A NCAC 02U .0501(a)(4)] 24. Normal operation of the wastewater treatment facilities involves conveyance of reclaimed water from the facilities to the five-day detention pond before being further conveyed to one of the irrigation ponds of the reclaimed water utilization facilities. During periods of normal operation, the level of reclaimed water in the five-day detention pond shall be kept low enough such that 862,500 gallons of effective storage volume shall be maintained at all times. If the wastewater treatment facilities develop an upset condition for fecal coliform (daily maximum concentration of 25 per 100 ml) or turbidity (instantaneous maximum of 10 NTU) is exceeded, the ORC, back-up ORC, or other on -duty operator shall terminate transfer of reclaimed water/wastewater effluent from the five-day upset pond to the irrigation ponds, and all wastewater effluent shall be conveyed directly to the five-day upset pond. Once the upset condition has been resolved, reclaimed water shall be conveyed directly from the wastewater treatment facilities to the irrigation ponds. Wastewater effluent stored in the five-day upset pond shall be conveyed to the headworks of the wastewater treatment for re -treatment. Only after all wastewater effluent that is stored in the five-day detention pond is successfully re -treated and meets the reclaimed water quality criteria in Attachment A, shall normal operating procedures be resumed. [15A NCAC 02U .0402(e)] IV. MONITORING AND REPORTING REQUIREMENTS The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the generated reclaimed water at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] WQ0000088 Version 4.1 Shell Version 200201 Page 8 of 13 5. The Permittee shall maintain records tracking the amount of reclaimed water irrigated. These records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of reclaimed water irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., water level to the lowest embankment elevation) in the 15.5 MG irrigation pond, 15 MG irrigation pond, and 1.5 MG 5-day upset pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] 8. Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the reclaimed water generation and dedicated utilization facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [G. S. 143-215. I C(a)] 9. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02U .0802(b)] WQ0000088 Version 4.1 Shell Version 200201 Page 9 of 13 10. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of irrigation equipment calibration; c. Date of turbidimeter calibration; d. Date and results of power interruption testing on alternate power supply; e. Visual observations of the plant and plant site; and f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.); and g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date of occurrence, estimated volume, and corrective action taken. [15A NCAC 02U .0801(h)] 11. Monitoring wells MW-IA, MW-3A, MW-7, and MW-9 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] 12. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] 13. Noncompliance Notification: The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any failure resulting in a discharge untreated or partially treated wastewater to surface waters. d. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition IV.l0.g. but do not require Regional Office notification. e. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. f. Ponding in or runoff from the irrigation sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Raleigh Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] WQ0000088 Version 4.1 Shell Version 200201 Page 10 of 13 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed water generation and utilization facilities. [15A NCAC 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water generation and utilization facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02U .0801(h), 02U .0801(i)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the reclaimed water generation and utilization facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the Pennittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] WQ0000088 Version 4.1 Shell Version 200201 Page 11 of 13 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02U; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: I. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 25"' day of March 2020 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0000088 WQ0000088 Version 4.1 Shell Version 200201 Page 12 of 13 Permit No. WQ0000088 Reclaimed Water Generation and Dedicated Utilization System Aqua North Carolina, Inc. March 25, 2020 Governors Club WWTP Chatham County ENGINEERING CERTIFICATION ❑ Partial ❑ Final I, , as a duly licensed North Carolina Professional Engineer, having ❑ periodically / ❑ fully observed the construction of the permitted facilities, do hereby state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the attached as -built drawings. Description of variations: Professional Engineer's Name Firm Name Firm No. Address City State Zip Code Telephone JENJma ISeal, Signature, and Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES NON -DISCHARGE BRANCH By U.S. Postal Service By Courier/Special DelivM 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 WQ0000088 Version 4.1 Shell Version 200201 Page 13 of 13 THIS PAGE BLANK ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— Reclaimed Water Generation System Effluent Permit Number: WQ0000088 Version: 4.1 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Parameter Description Units of Measure Mont Monthly lily Average Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 10 15 2 x Month Composite 00940 Chloride (as Cl) mg/L 3 x Year' Composite 50060 Chlorine, Total Residual mg/L 5 x Week Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 14 25 2 x Month Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 234,128 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 2 x Month Composite 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 2 x Month Composite 00620 Nitrogen, Nitrate Total (as N) mg/L 2 x Month Composite 00600 Nitrogen, Total (as N) mg/L 2 x Month Composite 00400 pH su 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L 2 x Month Composite 70300 Solids, Total Dissolved —180 °C mg/L 3 x Year' Composite 00530 Solids, Total Suspended mg/L 5 10 2 x Month Composite 00076 Turbidity, HCH Turbidimeter NTU EL 10 Continuous 2 Recorder 1. 3 x Year sampling shall be conducted in March, July, and November. 2. To ensure that the ORC, back-up ORC, or other on -duty operator has sufficient time to conduct manual operation of valves that are needed to prevent wastewater effluent from not meeting the reclaimed water quality standards from being conveyed to the irrigation pond of the reclaimed water facilities, the set -point on the turbidimeter that triggers the alarm and initiates the telemetry system shall be set at no higher than 6.0 NTU. WQ0000088 Version 4.1 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACHMENT B - APPROVED DEDICATED LAND APPLICATION SITES Aqua North Carolina, Inc. - Governors Club WWTP Permit Number: WQ0000088 Version: 4.1 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units 1 Governors Club Inc. Chatham 35.843333' 79.038889' 5.87 01284 -Non-Discharge Application Rate 0.40 16.09 inches 2 Governors Club Inc. Chatham 35.840556' 79.041111' 9.08 01284 - Non -Discharge Application Rate 0.40 16.09 inches 3 Governors Club Inc. Chatham 35.840278' 79.040278' 0.90 01284 - Non -Discharge Application Rate 0.40 16.09 inches 4 Governors Club Inc. Chatham 35.837778' 79.038611' 6.40 01284 -Non-Discharge Application Rate 0.40 16.09 inches 5 Governors Club Inc. Chatham 35.840556' 79.031944' 8.40 01284 - Non -Discharge Application Rate 0.40 16.09 inches 6 Governors Club Inc. Chatham 35.842778' 79.033889' 7.14 01284 -Non-Discharge Application Rate 0.40 16.09 inches 7 Governors Club Inc. Chatham 35.844444' 79.033333' 7.31 01284 - Non -Discharge Application Rate 0.40 16.09 inches 8 Governors Club Inc. Chatham 35.847222' 79.033889' 7.38 01284 -Non-Discharge Application Rate 0.40 16.09 inches 9 Governors Club Inc. Chatham 35.848889' 79.038611' 7.29 01284 -Non-Discharge Application Rate 0.40 16.09 inches 10 Governors Club Inc. Chatham 35.850000' 79.034444' 5.56 01284 - Non -Discharge Application Rate 0.40 16.09 inches 11 Governors Club Inc. Chatham 35.850833' 79.032500' 3.56 01284 - Non -Discharge Application Rate 0.40 16.09 inches 12 Governors Club Inc. Chatham 35.851389' 79.033056' 2.59 01284 -Non-Discharge Application Rate 0.40 16.09 inches 13 Governors Club Inc. Chatham 35.852778' 79.036111' 7.65 01284 - Non -Discharge Application Rate 0.40 16.09 inches 14 Governors Club Inc. Chatham 35.850833' 79.039444' 2.90 01284 - Non -Discharge Application Rate 0.40 16.09 inches 15 Governors Club Inc. Chatham 35.848056' 79.041667' 5.97 01284 - Non -Discharge Application Rate 0.40 16.09 inches 16 Governors Club Inc. Chatham 35.843056' 79.041389' 8.34 01284 -Non-Discharge Application Rate 0.40 16.09 inches 17 Governors Club Inc. Chatham 35.843611' 79.038889' 6.04 01284 -Non-Discharge Application Rate 0.40 16.09 inches 18 Governors Club Inc. Chatham 35.845000' 79.039444' 10.81 01284 - Non -Discharge Application Rate 0.40 16.09 inches 19 Governors Club Inc. Chatham 35.849444' 79.039722' 17.08 01284 - Non -Discharge Application Rate 0.40 16.09 inches 20 Governors Club Inc. Chatham 35.848611' 79.045000' 3.80 01284 - Non -Discharge Application Rate 0.40 16.09 inches 21 Governors Club Inc. Chatham 35.849444' 79.063889' 5.70 01284 -Non-Discharge Application Rate 0.40 16.09 inches 22 Governors Club Inc. Chatham 35.853056' 79.050556' 6.00 01284 - Non -Discharge Application Rate 0.40 16.09 inches 23 Governors Club Inc. Chatham 35.852222' 79.054167' 3.90 01284 - Non -Discharge Application Rate 0.40 16.09 inches 24 Governors Club Inc. Chatham 35.849444' 79.058056' 4.20 01284 - Non -Discharge Application Rate 0.40 16.09 inches WQ0000088 Version 4.1 Attachment B Page 1 of 2 25 Governors Club Inc. Chatham 35.846944' 79.037222' 4.70 01284 - Non -Discharge Application Rate 0.40 16.09 inches 26 Governors Club Inc. Chatham 35.846667' 79.047222' 5.70 01284 - Non -Discharge Application Rate 0.40 16.09 inches 27 Governors Club Inc. Chatham 35.839444' 79.041111' 3.12 01284 - Non -Discharge Application Rate 0.40 16.09 inches 28 Governors Club Inc. Chatham 35.837778' 79.045556' 8.60 01284 - Non -Discharge Application Rate 0.40 16.09 inches 29 Governors Club Inc. Chatham 35.836389' 79.049722' 9.52 01284 -Non-Discharge Application Rate 0.40 16.09 inches 30 Governors Club Inc. Chatham 35.834167' 79.056111' 10.07 01284 - Non -Discharge Application Rate 0.40 16.09 inches Totals 195.58 WQ0000088 Version 4.1 Attachment B Page 2 of 2 ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Monitoring Wells: MW-1A, MW-3A, MW-7, and MW-9 Permit Number: WQ0000088 Version: 4.1 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00680 Carbon, Tot Organic (TOC) mg/L 3 x Year Grab 1,6 00940 Chloride (as Cl) 250 mg/L 3 x Year Grab 1 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 3 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 3 x Year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1 00400 pH 6.5-8.5 su 3 x Year Grab 1,2 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 1 70300 Solids, Total Dissolved - 180 °C 500 mg/L 3 x Year Grab 1 GWVOC Volatile Compounds (GW) Present: Yes/No Annually Grab 1, 4, 5 82546 Water Level, Distance from measuring point feet 3 x Year Calculated 1, 2, 3 1. 3 x Year monitoring shall be conducted in March, July, and November, Annual monitoring shall be conducted in November. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. 4. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 gg/L or less b. Standard Method 621 OD, PQL at 0.5 gg/L or less c. EPA Method 8021, Low Concentration, PQL at 0.5 gg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 gg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used shall meet the following qualifications: a. A laboratory shall be DWR certified to run any method used. b. The method used shall include all the constituents listed in Table VIII of Standard Method 6230D. c. The method used shall provide a PQL of 0.5 gg/L or less that shall be supported by laboratory proficiency studies as required by the DWR Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 gg/L shall be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Raleigh Regional Office supervisor, telephone number (919) 791-4200, shall be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. If TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysis shall be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/L, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment. WQ0000088 Version 4.1 Figure 1 Page 1 of 1 FIELD #22 ..... 6.0 AC N a.4/i :1 Lb fl� I r FIELD #23 rT z AC_ C) -�, I M A -:N,ZSaki a w p: ♦ 2: CD z kl I/,raPIELD 4/ J: U) 9 FIELD #12 w w c{i IT -NI 4 N, I 00, FILL A( D #16. 6. ,,AR 2.59 AC FIELD #24 143" w 12.88 ACL,,".� 4.2 AC I RECEIVEDINCDEOIDWIR 0 e FIELD #10 z 5.56 AC x 5 FIELD #11 jf. TING) JF1gL 5 97 X JAN 1 9 2018 080 A�, EXISTING} 3.56 AC (EXPANDED v. L Non -Discharge FIELD #8 Permitting Unit A 60, ­N' Ir z C'i 7.38 AC zu LIJ p mv 0 V9\ Z§6 IEL�)( 04 4 A '41 , - , 'i i - - -4 - ':-11_6 =) C14 < -A .20tAC, NIL FIELD #7 x� NAZI 7.31 AC LLI Yr NORTH Q) 4R6 TV -I FIELD #6 c5l -A,�_I k l-, r, QI A < 4001 200' 0 400- 80U -D) MA _7.14-AC (EXPANDF- MEW FIELD #18 Z Eli LLI Z 'XISTING) 1516 AC (EE SCALE: 1" 400' rj- .:�( I J 10.81 AC (EXPANDED) -e 1ARWIELL LOCATION OF IRRIGATION WELLS MT IN VW L) o, 9 Ali MWI LLI ­A.7 Mw#9 LOCATION OF MONRORING WELLS (NOT N USE) 0- LOCA 'el 54 A:Q,% LL NON DISCHARGE APPLICATION REPORT, PERMIT # W00000088 w uj U, .0 DATED:. IDLY 2002, TOTAL FIELDS ARE 26, TOTAL AREA SPRAI 459.51 AC IFIELD"# 'r, NL TOTAL INCREASE IN SPRAY FIELDS THROUGH EXPANSIONINEW= 36.17 AC 16.4c � I TING)"" bi NN THE TOTAL SPRAY FIE! 195.68 AC co .4 LTUM ANPEQ \9Q9 A -1ELD # EXWNQ EjX1 EXISTINO 8T6fR,1�WIF F HOLE # AREA SPRAYED R&,DED.N.EW _j 0 0 5.87 PONID­- 5.87 (n 0 5.16 0 L) X 3 REEN 0.90 0-90 243 00 4 AD 6A0 \IRR L FIELD #5 0 IFIELO 5 8.40 8.40 m m 2 8.4'AC 6 6 5.83 ?J4 w 0: 1: c) z w 5 L) go •v N EXISTING. 8 7.38 7.38 L 7 7 T31 7.31 4 my 'M _' 10 6.17 729 W > tL' kin WAR f NEW IN"' LI-Q 0 > P: io 11 5.66 5.56 1-0 21 REUSE,"H AQ PON E SID 0 0 ti 0 0 W.W.T.P. 11 IITE 0. 3.66 12 12 2.59 2.59 13 13 7,66 7.65 14 is 2,90 2.00 %"A i ', "'- - ­- -- -,' M 15 16 197 6.07 16 17 Sal 17 604 6.04 1,;wL11,3 8.34 8,34 is DUKE EASEMENT 15,16* 1081* 19 RANGE 17.08 17.08 V 20 19 3.80 380 .0 21 20 5.70 .70 22 22 6,00 600 -A MW#7 23 3.90 3.90 k. 10, -h 24 24 4.20 4.20 k 25 26 4.70 1.70 16 26 27 5,70 5.70 wl :!ez 1.,, 27 NEW DUKE EASEMENT 3.12 28NEW DUKE EASEMENT F1 -)P ",'I\ Oil, 29 NEW DUKE EASBIENT 91,52 DRAWN 9 21 A 0 �1'1 i-i•30 NEW DUKE EASEMENT 10.07 BY JRM rr v- WATERSHED NOTE: EXISTING 5 DAY I SS,61 AC IO&ISS AC DATE UPSET POND 01/18 FIFLDS 2,6,27,2B,29 AND 30 DRAIN INTO U.T. TO OVERCUP CREEK PS IV, NSM FIELDS 9 AND 11 DRAIN INTO U.T. TO CUB CREEK (WS M NSVV) .44 / FINAL DESIGN SHEET FIELD # 30 (NEW) NOT RELEASED \7! 1 OF 1 10.07 AC FOR CONSTRUCTION Attachment 4 AMENDMENT TO AMENDED AND RESTATED WASTEWATER IRRIGATION AGREEMENT This AMENDMENT TO AMENDED AND RESTATED WASTEWATER IRRIGATION AGREEMENT is made and entered into as ofthe'24 ay of August, 2005, by and among Governors Club Limited Partnership, a Delaware Limited Partnership ("GCLP"); Governors Club, Inc., a North Carolina nonprofit corporation (`GCI"), Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation (the "POA") and Aqua North Carolina, Inc., a North Carolina corporation ("Aqua"). GCLP, GCI, the POA and Aqua are sometimes referred to herein individually as a "Party„ and collectively as the "Parties". RECITALS WHEREAS, the Parties, with the exception of Aqua, are all of the parties to a certain AMENDED AND RESTATED WASTEWATER IRRIGATION AGREEMENT dated as of December 18, 2003 (the "AMENDED AGREEMENT") regarding the treatment, disposal and discharge of effluent emanating from within a certain planned unit development located in Williams Township, Chatham County, North, Carolina and commonly known as "Governors Club" (the "Development"); and WHEREAS, the Amended Agreement was incomplete in certain respects as set forth below; and WHEREAS, GCLP has entered into an Asset Purchase Agreement with Aqua whereby Aqua will purchase the wastewater system assets and furnish wastewater treatment services to the Development subject to the approval of the North Carolina Utilities Commission (the "Commission"); and WHEREAS, an application for approval of the transfer is pending before the Commission and the Public Staff, North Carolina Utilities Commission in its review of the application has requested the AMENDED AGREEMENT be clarified in certain respects. NOW, THEREFORE, in order to preserve for all of the Parties the benefits accruing to them pursuant to the AMENDED AGREEMENT and to satisfy the requests of the North Carolina Utilities Commission described above, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, agree to amend the AMENDED AGREEMENT as follows: Easements to GCI. The AMENDED AGREEMENT provided for the granting of easements from GCLP and POA to GCI for ingress and egress over GCLP and POA property, for spray irrigation of treated effluent by GCI on GCLP and POA property, and related matters. Through oversight, these easements were not prepared and executed. The easements in question are attached hereto as Attachments A and B and incorporated herein by reference and will be executed and delivered contemporaneously with the execution of this Agreement. 2. Easements to GCLP. The AMENDED AGREEMENT provided for the granting of easements from GCI and POA to GCLP for ingress and egress over GCI and POA property, for spray irrigation of treated effluent by GCLP on GCI and POA property, and related matters. Through oversight, these easements were not prepared and executed. The easements in question are attached hereto as Attachments C and D and incorporated herein by reference and will be executed and delivered contemporaneously with the execution of this Agreement. The easements will be assigned to Aqua if the purchase of the wastewater system assets is approved by the Commission. 3. Term. The original agreement replaced by the AMENDED AGREEMENT provided that the agreement would continue in effect so long as the utility continued to serve Governors Club. The AMENDED AGREEMENT failed to specify any term. 'It is understood and agreed that the term of the AMENDED AGREEMENT will commence as of December 18, 2003 and shall continue so long as GCLP or Aqua, or their successors or assigns, continue to provide wastewater treatment services to the Development. 4. Rights and Obligations of the Parties. To the extent there is any conflict between the terms and conditions of this Agreement and the AMENDED AGREEMENT, this Agreement shall control. Except as specifically amended herein, the rights and obligations of the Parties under the AMENDED AGREEMENT shall continue in full force and effect. upon approval of the transfer of the assets from GCLP to Aqua, Aqua shall succeed to the rights and obligations of GCLP under the terms of the AMENDED AGREEMENT and under the terms of this Agreement. [Next Page is Signature Page] AMENDMENT TO AMENDED AND RESTATED PAGE z WASTEWATER IRRIGATION AGREEMENT IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the Effective Date first above written. GOVERNORS CLUB LIMITED PARTNERSHIP By: Its General Partner, Governors Club Development Corporation By: President —7_ GOVERNORS CLUBfrINC. GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, INC. By: �=- President AQUA NORTH CAROLINA, INC. By: AMENDMENT TO AMENDED AND RESTATED PAGE 3 WASTEWATER IRRIGATION AGREEMENT ATTACHMENT A EFFLUENT EASEMENT AGREEMENT This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of the _ day of , 2005, by GOVERNORS CLUB LIMITED PARTNERSHIP, a Delaware Limited Partnership ("Grantor") and GOVERNORS CLUB, INC,, a North Carolina nonprofit corporation ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of certain amenity areas and other real properly at Governors Club (as defined below). WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor on behalf of the Permittee. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.2 "Effluent Easement Agreement" shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. 1.-1 '`Effluent Storage Ponds" shall €wean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below). 1.4 "Golf Course Spray Areas" shall mean the golf course and other areas at Governors Club owned by Grantee that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1.5 "Governors Club " shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities, 1.6 "Grantee" shall mean Governors Club, Inc., a North Carolina nonprofit corporation. 1.7 "Grantor" shall mean Governors Club Limited Partnership, a Delaware Limited Partnership. 1.8 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation dated December 18, 2003, as amended from time to time. 1.9 "Permit" shall mean the permit for the operation of the Wastewater Utility System (as defined below) and Spray Irrigation Facilities (as defined below) issued by DWQ, as the same may be modified or renewed from time to time. I.10 "Permittee " means Governors Club Limited Partnership, a Delaware Limited Partnership, the holder of the Permit, and its successors and assigns. 1.11 "Spray Areas" shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. I.12 "Spray .Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas. 1.13 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Permit. 1.I4 "Wastewater Utility System " shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater. 1.15 "WWTP " shall mean the wastewater treatment plant located within Governors Club, 2. Grant of Easement. 2A Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the Golf Course Spray Areas are located, as more particularly described in Exhibit A (the "Golf Course Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the protocols set forth on Exhibit B (the "Spray Protocols"). This easement allows such spraying and related activities within the Spray Areas identified in the Permit and generally depicted on the map attached as Exhibit C ("Easement Areas"). The Easement Areas are located within the property described on Exhibit D attached hereto (the "Easement Property"), Grantor shall not further encumber the Easement Areas, or engage in any activity therein, or grant any other interest or privilege therein to any other party, that would interfere with Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement. 2.2 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being trade therefore. Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress acid access granted hereby. In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas. Grantee shall have no 2 obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary care in its use of the same. Where roads, paths, or other ways of travel do not exist, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas. If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted. 3. This section intentionally omitted. 4. General Provisions. 4.1 Binding upon Suce_essors and Assigns. The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land. they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the WWTP Property or the Easement Property. 4.2 No Third Party Bengficia Ri hts. Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 4.1 above. 4.3 Independent Contractor. The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an agency, partnership, or joint venture between the parties hereto. 4.4 Counterparts, This Effluent Easement Agreement may be executed in one or more counterpart signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. 4.5 Headings. The headings of particular provisions of this Effluent Easement Agreement are inserted for convenience only and shall not be construed as a part of this Effluent Easement Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent Easement Agreement. 4.6 Enforcement of Agreement. Each party acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not performed in accordance with their specific terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 4.7 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (1) personally by hand delivery, (ii) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement Agreement (or at such other address or facsimile number as such parry or permitted assignee shall have furnished to the other parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery, mailing, or facsimile transmission. 4.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of this Effluent Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such terra, condition or provision. 4.9 Entire Agreement. This writing and the documents referred to herein embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 4.10 Modifications in Writing. This Effluent Easement Agreement shall not be modified, amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way. 4.11 Consent to Jurisdiction. The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies arising out of, relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement Agreement, whether such controversies sound in tort law, contract law or otherwise. Each of the parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available. 4.12 Governiny Law. This Effluent Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules. 4.13 Recordation: Duration. Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense. The provisions of this Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or the Easement Property, and will be and remain in effect until such time as a document terminating. this Effluent Easement Agreement is signed by all of the owners of the WWTP Property and the Easement Property and recorded in the public land records of Chatham County, 4.14 Re aired Amendments. In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder. [Next Page is Signature Page] 4 [Signature Page to Effluent Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate naives, all by authority duly given, the day and year first above written. GOVERNORS CLUB LIMITED PARTNERSHIP a Delaware Limited Partnership By: Its General Partner, Governors Club Development Corporation By: Name: Title: Address: 130 Edinburgh, Suite 204 Cary, North Carolina 27511 Attn: Fax: GOVERNORS CLUB, INC. a North Carolina Nonprofit Corporation M. Naane: Title: Address: 11000 Governors Drive Chapel Hill, North Carolina 27517 Attn: Fax: 5 EXHIBIT A Golf Course Property EXHIBIT B Spray Protocols EXFHBI`I' c Easement Areas EXHIBIT D Easement Property 10 ATTACHMENT B EFFLUENT EASEMENT AGREEMENT This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of the — day of , 2005, by GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, Inc., a North Carolina nonprofit corporation ("Grantor") and GOVERNORS CLUB, INC., a North Carolina nonprofit corporation ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of certain amenity areas and other real property at Governors Club (as defined below). WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned. by Grantor on behalf of the Permitee. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: 1. Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.2 "Effluent Easement Agreement" shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. L3 "Effluent Storage Ponds" shall mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below). 1.4 "Golf Course ,Spray Areas " shall mean the golf course and other areas at Governors Club owned by Grantee that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1.5 "Governors Club " shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities. 1.6 "Grantee " shall mean Governors Club, Inc., a North Carolina nonprofit corporation. 1.7 "Grantor" shall mean Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation. 1.8 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club Limited Partnership, a Delaware Limited Partnership dated December 18, 2003, as amended from time to time. L9 "Permit" shall. mean the permit for the operation of the Wastewater Utility System (as defined below) and Spray Irrigation Facilities (as defined below) issued by DWQ, as the same may be modified or renewed from time to time. 1.10 "Permittee" means Governors Club Limited Partnership, a Delaware Limited Partnership, the holder of the Permit, and its successors and assigns. 1,11 "Spray Areas " shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. L 12 "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas. 1.13 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Pennit. I.14 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater. 1.15 "WWTP" shall mean the wastewater treatment plant located within Governors Club. Grant of Easement. 2.1 Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the Golf Course Spray Areas are located, as more particularly described in Exhibit A (the "Golf Course Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the protocols set forth on Exhibit B (the "Spray Protocols"). This easement allows such spraying and related activities within the Spray Areas identified in the Pen -nit and generally depicted on the map attached as Exhibit C ("Easement Areas"). The Easement Areas are located within the property described on Exhibit D attached hereto (the "Easement Property"). The right to spray pursuant to this easement is given without payment of any fee or other charge being made therefore. Grantor shall not further encumber the Easement Areas, or engage in any activity therein, or grant any other interest or privilege therein to any other party, that would interfere with Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement. 2.2 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore. Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby. In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use 2 existing roads, paths, and other ways of travel to and from the Spray Areas. Grantee shall have no obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary care in its use of the same. Where roads, paths, or other ways of travel do not exist, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas. If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted. 3. No Payments for Reuse Effluent or Operation of the Spray Irrigation Facilities. There will not be any payments now or at any time in the future by Grantor to Grantee for the Reuse Effluent that will be sprayed on the Spray Areas. There will not be any payments by Grantee to Grantor now or in the future for any aspect whatsoever of the operation, maintenance, and repair of the Spray Irrigation Facilities. 4. General Provisions. 4.1 Binding upon Successors and Assigns. The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land; they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the WWTP Property or the Easement Property. 4.2 No Third _Party Beneficiary Rights. Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 4.1 above. 4.3 Independent Contractor, The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an agency, partnership, or joint venture between the parties hereto. 4.4 Counterparts. This Effluent Easement Agreement may be executed in one or more counterpart signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. 4.5 Headings. The headings of particular provisions of this Effluent Easement Agreement are inserted for convenience only and shall not be construed as a part of this Effluent .Easement Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent Easement Agreement. 4.6 Enforcement of Agreement. Each party acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not performed in accordance with their specific terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 3 4.7 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by United States first-class mail, postage prepaid, (ill) by hand or nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement Agreement (or at such other address or facsimile number as such party or permitted assignee shall have furnished to the other parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery, trailing, or facsimile transmission. 4.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of this Effluent Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision. 4.9 Entire Agreement. This writing and the documents referred to herein embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 4.10 Modifications i;n Writing. This Effluent Easement Agreement shall not be modified, amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way. 4A 1 Consent to Jurisdiction. The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies arising out of, relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement Agreement, whether such controversies sound in tort law, contract law or otherwise. Each of the parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available. 4.12 Governing Law. This Effluent Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules. 4.13 Recordation; Duration. Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense. The provisions of this Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or the Easement Property, and will be and remain in effect until such time as a document terminating this Effluent Easement Agreement is signed by all of the owners of the WWTP Property and the Easement Property and recorded in the public land records of Chatham County, 4.14 Required Amendments. In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder. [Next Page is Signature Page] M [Signature Page to Effluent Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, Inc., a North Carolina nonprofit corporation By: Name: Title: Address: Attn: Fax: GOVERNORS CLUB, INC. a North Carolina Nonprofit Corporation By: Name: Title: Address: 11000 Governors Drive Chapel Hill, North Carolina 27517 Attn: Fax: 5 STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he is the of Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. 2005. Witness my hand and official stamp or seal, this day of My Commission Expires: Date STATE OF NORTH CAROLINA COUNTY OF Notary Public I, the undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he is the of Governors Club, Inc., a North Carolina nonprofit corporation; and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed, 2005. Witness my hand and official stamp or seal, this day of My Commission Expires: Date Notary Public 6 EXHIBIT A Golf Coarse Pro e EXHIBIT B Srayrotocols EXHIBIT C Easement Areas EXHIBIT D Easement Property 10 ATTACHMENT C EFFLUENT EASEMENT AGREEMENT This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of the _ day of 2005, by GOVERNORS CLUB, INC., a North Carolina nonprofit corporation ("Grantor") and GOVERNORS CLUB LIMITED PARTNERSHIP, a Delaware Limited Partnership ("Grantee"). W1sTNESSETH: THAT WHEREAS, Grantor is the owner of a golf course and certain other real property at Governors Club (as defined below). WHEREAS, Grantee operates a Wastewater Utility System serving Governors Club. WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement. NOW, THEREFORE; in consideration of the mutual agreements contained .herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.2 ".Effluent Easement Agreement" shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. 1.3 "Effluent Storage Ponds " shall mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined. below). 1.4 "Governors Club " shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities. 1.5 "Grantee " shall rnean Governors Club Limited Partnership, a Delaware Limited Partnership. 1.6 "Grantor" shall mean Governors Club, Inc., a North Carolina nonprofit corporation. 1.7 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation dated December 18, 2003, as amended from time to time. 1.8 "Permit" shall mean the permit for the operation of the Wastewater Utility System (as defined below) and Spray Irrigation Facilities (as defined below) issued by DWQ, as the same may be modified or renewed from time to time. 1.9 "Spray Areas " shall meant all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1.10 "Spray Irrigation Facilities " shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas. 1.11 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Pen -nit. 1.12 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater. 1.13 "WWTP" shall mean the wastewater treatment plant located within Governors Club. 2. Grant of Easement. 2.1 Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the WWTP is located, as more particularly described in Exhibit A (the "WWTP Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the protocols set forth on Exhibit B (the "Spray Protocols"). This easement allows such spraying and related activities within the Spray Areas identified in the Permit and generally depicted on the map attached as Exhibit C ("Easement Areas"). The Easement Areas are located within the property described on Exhibit D attached hereto (the "Easement Property"). Grantor shall not further encumber the Easement Areas, or engage in any activity therein, or grant any other interest or privilege therein to any other party, that would interfere with Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement. 2.2 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore. Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby. In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and froze the Spray Areas. Grantee shall have no obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary care in its use of the same. Where roads, paths, or other ways of travel do not exist, Grantor shall make reasonable efforts to specify ways of travel for Grantee's use so as to permit Grantee to enjoy the privileges and 2 fulfill the obligations created by this Effluent Easement Agreement without undue interference. Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas. If Grantee causes any damage to the property of the Grantor in the course of exercising the casement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted. This section intentionally omitted. General Provisions. 4.1 Binding upon Successors and Assigns. The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land; they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the WWTP property or the Easement Property, 4.2 No Third Party Beneficiary Rights. Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or pennitted assignee pursuant to Section 13.1 above. 4.3 Independent Contractor. The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an agency, partnership, or joint venture between the parties hereto. 4A Countetparts. This Effluent Easement Agreement may be executed in one or more counterpart signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement, 4.5 Headings, The headings of particular provisions of this Effluent Easement Agreement are inserted for convenience only and shall not be construed as a part of this Effluent Easement Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent Easement Agreement. 4.6 Enforcement of Agreement. Each party acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not performed in accordance with their specific terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 4.7 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by United States first-class hail. postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement Agreement (or at such other address or facsimile number as such party or permitted assignee shall have furnished to the other parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery, mailing, or facsimile transmission. 4.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of this Effluent Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision. 4.9 Entire Agreement, This writing and the documents referred to herein embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 4.10 Modifications in Writing. This Effluent Easement Agreement shall not be modified, amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way. 4.11 Consent to Jurisdiction, The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies arising out of relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement Agreement, whether such controversies sound in tort law, contract law or otherwise. Each of the parties hereto expressly and irrevocably consents to the personal ,jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available. 4.12 Governing Law. This Effluent Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules. 4.13 Recordation' Duration. Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense. The provisions of this Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or the Easement Property, and will be and remain in effect until such time as a document terminating this Effluent Easement Agreement is signed by all of the owners of the WWTP Property and the Easement Property and recorded in the public land records of Chatham County. 4.14 Required Amendments. In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder. [Next Page is Signature Page] [Signature Page to Effluent Easement Agreement/ IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. GOVERNORS CLUB, INC. a North Carolina Nonprofit Corporation By: Name: Title: Address: 11000 Governors Drive Chapel Hill, North Carolina 27517 Attn: Pax: GOVERNORS CLUB LIMITED PARTNERSHIP a Delaware Limited Partnership By: Its General Partner, Governors Club Development Corporation By: Name: Title: Address: 130 Edinburgh, Suite 204 Cary, North Carolina 27511 Attn: Pax: 5 STATE OF NORTH CAROLINA COUNTY OIL I, the undersigned Notary .Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he is the of Governors Club, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. 2005. Witness my hand and official stamp or seal, this day of My Commission Expires: Date Notary Pub tic STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that personally appeared before one this day and acknowledged that he is the of Governors Club Development Corporation, the general partner of Governors Club Limited Partnership, a Delaware Limited Partnership, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. 2005. Witness my hand and official stamp or seal, this day of My Commission Expires: Date Notary Public 6 XHIBIT A W WIT PWerty EXHIBIT B Spray Protocols EXHIBIT C Easement Areas EXHTBT'T' D Easement Property 10 ATTACHMENT D EFFLUENT EASEMENT AGREEMENT This EFFLUENT EASEMENT AGREEMENT (the "Effluent Easement Agreement") is made and entered into as of the — day of , 2005, by GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, Inc., a North Carolina nonprofit corporation ("Grantor") and GOVERNORS CLUB LIMITED PARTNERSHIP, a Delaware Limited Partnership ("Grantee"). WITNESSETH: THAT WHEREAS, Grantor is the owner of certain amenity areas and other real property at Governors Club (as defined below). WHEREAS, Grantee operates a Wastewater Utility System serving Governors Club. WHEREAS, Grantor and Grantee, among others, are parties to that certain Irrigation Agreement (as defined below) whereby Grantee operates the Spray Irrigation Facilities (as defined below) to spray Reuse Effluent on the Spray Areas (as defined below) owned by Grantor. WHEREAS, the Irrigation Agreement provided that the parties would enter into this Agreement to facilitate the fulfillment of Grantee's obligations under the Irrigation Agreement, NOW, THEREFORE, in consideration of the mutual agreements contained herein and in the Irrigation Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee intending to be legally bound, agree as follows: Definitions. 1.1 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.2 "Effluent Easement Agreement" shall mean this Effluent Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. 1.3 "Effluent Storage Ponds" shall mean the storage ponds at Governors Club in which the Reuse Effluent (as defined below) is stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent is then pumped to be sprayed onto the Spray Areas (as defined below). 1.4 "Governors Club" shall mean that certain planned unit development located in Williams Township, Chatham County, North Carolina commonly known as "Governors Club" consisting of residential units and a golf course, clubhouse, swimming pool, tennis courts and other amenities. 1.5 "Grantee" shall mean Governors Club Limited Partnership, a Delaware Limited Partnership. 1.6 "Grantor" shall mean Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation. 1.7 "Irrigation Agreement" shall mean that certain Amended and Restated Wastewater Irrigation Agreement by and among Grantee, Grantor, and Governors Club, Inc., a North Carolina nonprofit corporation dated December 18, 2003, as amended from time to time. 1.8 "Permit" shall mean the permit for the operation of the Wastewater Utility System (as defined below) and Spray Irrigation. Facilities (as defined below) issued by DWQ, as the same may be modified or renewed from time to time. 1.9 "Spray Areas" shall mean all areas at Governors Club owned by Grantor that have been or may in the future be permitted by DWQ for spray irrigation of Reuse Effluent. 1.10 "Spray Irrigation Facilities " shall mean all Reuse Effluent irrigation lines, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Ponds upon the Spray Areas. 1.11 "Reuse Effluent" shall mean wastewater that has been treated to the point that it meets the effluent quality standards required by the Permit. 1.12 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Ponds, the Spray Irrigation Facilities, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater. 1.13 "WWTP" shall mean the wastewater treatment plant located within Governors Club. 2. Grant of Easement. 2A Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the property upon which the WWTP is located, as more particularly described in Exhibit A (the "WWTP Property"), for the purpose of spraying Reuse Effluent on the Spray Areas, installing, inspecting, replacing, repairing, operating and maintaining the Spray Irrigation Facilities and other activities related thereto, all in accordance with the protocols set forth on Exhibit B (the "Spray Protocols"), This easement allows such spraying and related activities within the Spray Areas identified in the Permit and generally depicted on the reap attached as Exhibit C ("Easement Areas"). The Easement Areas are located within the property described on Exhibit D attached hereto (the "]Easement Property"). The right to spray pursuant to this easement is given without payment of any fee ­r other charge being made therefore. Grantor shall not fi€rther encumber the Easement Areas, or engage in any activity therein, or grant any other interest or privilege therein to any other party, that would interfere with Grantee's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement, 2.2 Grantor further hereby grants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Property for ingress, egress, regress and access to and from the Spray Areas and Spray Irrigation Facilities and over, across, upon, and through the Spray Areas and Spray Irrigation Facilities, as necessary for Grantee to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, without payment of any fee or other charge being made therefore. Grantor shall not interfere with or permit any other party to interfere with Grantee's right of ingress, egress, regress and access granted hereby. In the exercise of Grantee's right of ingress, egress, regress and access, Grantee shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas. Grantee shall have no obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary care in its use of the same. Where roads, paths, or other ways of travel do not exist, Grantor shall make reasonable 2 efforts to specify ways of travel for Grantee's use 'so as to permit Grantee to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. Grantee shall use its best efforts to conduct its activities on the Spray Areas and in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Spray Areas. If Grantee causes any damage to the property of the Grantor in the course of exercising the easement described in this section, Grantee shall be responsible for repairing such damage, reasonable wear and tear excepted. 3. No Payments for Reuse Effluent or O eration of the S ra lrri anon Facilities. There will not be any payments now or at any time in the future by Grantor to Grantee for the Reuse Effluent that will be sprayed on the Spray Areas. There will not be any payments by Grantee to Grantor now or in the fixture for any aspect whatsoever of the operation, maintenance, and repair of the Spray Irrigation facilities. 4. General Provisions. 4,1 Binding upon Successors and Assi ns. The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land; they are made by Grantee and Grantor for the benefit of themselves, their successors and assigns in title to all or part of the WWTP Property or the Easement Property, 4.2 No Third Party Beneficiary Ri hts. Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 4.1 above. 4.3 Independent Contractor. The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an agency, partnership, orjoint venture between the parties hereto. 4A CounteMarts. This Effluent Easement Agreement may be executed in one or more counterpart signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original copy of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. 4,5 Headin,,s. The headings of particular provisions of this Effluent Easement Agreement are inserted for convenience only and shall not be construed as a part of this Effluent Easement Agreement or serve as a limitation or expansion on the scope of any term or'provision of this Effluent Easement Agreement. 4.6 Enforcement of Agreement. Each party acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not performed in accordance with their specific terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 4.7 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement Agreement (or at such other address or facsimile number as such party or permitted assignee shall have furnished to the other parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery, mailing, or facsimile transmission. 4.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of this Effluent Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision. 4.9 Entire A regiment. This writing and the documents referred to herein embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, 4.10 Modifications in Writing. This Effluent Easement Agreement shall not be modified, amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way. 4.11 Consent to Jurisdiction. The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies arising out of, relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement Agreement, whether such controversies sound in tort law, contract law or otherwise. Each of the parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available. 4.12 Governing Law. This Effluent Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules. 4.13 Recordation- Duration. Grantee shall record this Effluent Easement Agreement in the Register of Deeds of Chatham County, North Carolina at Grantee's expense. The provisions of this Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or the Easement Property, and will be and remain in effect until such time as a document terminating this Effluent Easement Agreement is signed by all of the owners of the WWTP Property and the Easement Property and recorded in the public land records of Chatham County. 4.14 Required Amendments. In the event that the Permit is modified, amended or expanded at any time to permit additional land owned by Grantor to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement designating such additional areas as Easement Areas hereunder. [Next Page is Signature Page] 4 Is [Signature Page to Effluent Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. GOVERNORS CLUB PROPERTY OWNERS ASSOCIATION, Inc., a North Carolina nonprofit corporation By: Name: Title: Address: Attn: Fax: GOVEMNORS CLUB LIMITED PARTNERSHIP a Delaware Limited Partnership By: Its General Partner, Governors Club Development Corporation By: Name: Title: Address: 130 Edinburgh, Suite 204 Cary, North Carolina 27511 Attn: 5 STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that lie is the of Governors Club Property Owners Association, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this day of zoas. My Commission Expires: Date Notary Public STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he is the of Governors Club Development Corporation, the general partner of Governors Club Limited Partnership, a Delaware Limited Partnership, and that by the authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official stamp or seal, this day of 2005. My Commission Expires: Date Notary Public 6 EXHIBIT A WWTP Mperty EXHIBIT B S ra Protocols EXHIBIT C Easement Areas EXHIBIT D Easement„Property 10