WQ0012748_Renewal (Application)_20240429

Initial Review
Reviewer
nathaniel.thorn burg
Is this submittal an application? (Excluding additional information.) *
Yes No
Permit Number (IR) *
WQ0012748
Applicant/Permittee
Brunswick County
Applicant/Permittee Address
P.O. Box 249, Bolivia, NC 28422
Is the owner in BIMS? Yes No
Is the facility in BIMS? Yes No
Owner Type
County
Facility Name
Sea Trail WWTP
County
Brunswick
Fee Category Major
Fee Amount $0
Is this a complete application?*
Complete App Date
Yes No
04/29/2024
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Does this need review by the hydrogeologist? * Yes No
Regional Office
CO Reviewer
Admin Reviewer
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* Krysden Burden
Email Address*
[e-mail]
Project Information
.........................
Application/Document Type*
New (Fee Required)
Modification - Major (Fee Required)
Renewal with Major Modification (Fee
Required)
Annual Report
Additional Information
Other
Phone Number*
910-253-1757
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:*
WQ0012748
Has Current Existing permit number
Applicant/Permittee*
Brunswick County
Applicant/Permittee Address*
P.O. Box 249, Bolivia, NC 28422
Facility Name*
Sea Trail WWTP
Please provide comments/notes on your current submittal below.
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at [e-mail].
Please attach all information required or requested for this submittal to be reviewed here.
(Application Form, Engineering Plans, Specifications, Calculations, Etc.)
04.29.24- Sea Trail WWTP Renewal Packet.pdf 4.81 MB
Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger
than upload limit.
* By checking this box, I acknowledge that I understand the application will not be accepted for pre -review until the fee (if required) has
been received by the Non -Discharge Branch. Application fees must be submitted by check or money order and made payable to the
North Carolina Department of Environmental Quality (NCDEQ). I also confirm that the uploaded document is a single PDF with all parts
of the application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Signature
zy poleti 3u✓Ceti
Submission Date 4/29/2024

BRUNSWICK COUNTY
Mr. Nathaniel Thornburg
NC DEQ— DWR — Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
April 29, 2024
RE: Renewal Application- Non -Discharge Permit WQ0012748
Sea Trail Wastewater Treatment Plant
1395 Angels Trace Rd, Sunset Beach, NC 28468
Brunswick County Public Utilities
Dear Mr. Thedford,
Attached is the permit renewal application for Non -Discharge Permit Number WQ0012748, which is set
to expire on October 31, 2024. The Sea Trail WWTP is permitted to treat 300,000 GPD. Brunswick
County signed a reuse agreement in 2004 with Sea Trail Corporation for a disposal capacity of 500,000
GPD. In 2019, this agreement was updated to reflect new golf course owner Chinaway Corporation. This
agreement was referenced in the July 14, 2006 permit renewal cover letter. Copies of both agreements
are included with the renewal application.
In the renewal application you will find:
• Form RWS-R 02-21
• Attachment C- Flow Reduction Data
• 2018 NC DEQ Flow Reduction Letter to Brunswick County
• 2004 Reuse Agreement with Sea Trail Corporation
• 2019 Reuse Agreement with Chinaway Corporation
The following contact information on the permit needs to be updated.
• Facility Contact: Jeffrey Leonard, ORC
o Address: P.O. Box 249, Bolivia, NC 28422
o Phone:[phone]
o Email: [e-mail]
• Permit Contact: Krysden Burden, Environmental Compliance Officer
o Address: P.O. Box 249, Bolivia, NC 28422
o Phone:[phone]
o Email: krysden.burden@ brunswickcountync.gov

• Billing Contact: Daphne Peeples, Administrative Officer
o Address: P.O. Box 249, Bolivia, NC 28422
o Phone:[phone]
o Email: [e-mail]
Please let me know if there are any additional questions. We will continue to operate under our
existing permit until receiving the new draft permit for review.
Sincerely,
DONALD B. DIM4
Deputy Director- Wastewater Operations
910.253.2485
[e-mail]
Cc: John Nichols, PE, CPESC Public Utilities Director
Krysden Burden, Environmental Compliance Officer
Matthew Henry, Wastewater Superintendent
Morella Sanchez King, Regional Supervisor, NC DEQ WIRO
Tom Tharrington, Assistant Regional Supervisor, NC DEQ WIRO
2

DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of Water Resources
MiTK6►llnNX0W.111►510I11LI.%VY0I: 31.ylY0I►A0N0401%1314111
FORM: RWS-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 02U, and Division Policies. For more information, visit the Water Quality
Permitting Section's Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and
attachments uploaded as a single Portable Document Format (PDF) file to https://edocs.deci.nc.gov/Forms/NonDischarge-
Branch-Submittal-Form-Ver2, or emailed to Non-Discharge.Reports(&ncdenr.gov if less than 20 megabytes (MB).
SECTION I
—APPLICANT INFORMATION
1.
Applicant: Brunswick County
2.
Permit No.: WQ0012748
3.
Signature authority: John Nichols
Phone number: [phone] Office
Title: Public Utilities Director
Email: [e-mail]
4.
Mailing address: P.O. Box 249
City: Bolivia
State: NC Zip: 28422-
5.
Contact person: Donald Dixon
Primary phone number: [phone] Office
Email: [e-mail]
Secondary phone number: [phone] Cell
SECTION II — FACILITY INFORMATION'
1. Physical address: 1395 Angels Trace Road County: Brunswick
City: Sunset Beach
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: 33.901099' Longitude:-78.503431'
State: NC
Method: Address matching
Parcel No.: 2420000917
Zip: 28468-
1.
EF Ill— FLOW INFORMATION kh
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: 153859 GPD (The average of all reported flows on the previous calendar year's NDMRs)
4.
Hydraulic capacity: 51 % (Divide the average flow in Item 3 by the As -built flow in Item 2)
5.
Wastewater composition: Domestic: 100 % Industrial: 0 % Stormwater: 0 %
SECTION IV — BILLING INFORMATION
1. Billing address: P.O. Box 249
City: Bolivia State: NC Zip: 28422-
2. Verify the Applicant does not have any overdue annual fees:
https://deq.nc. gov/about/divisions/water-resources/water-resources-permits/wq-epayments
Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has
an unpaid annual fee.
FORM: RWS-R 02-21 Page 1 of 6

SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION
(NOT APPLICABLE FOR CONJUNCTIVE SYSTEMS)
1. ORC: Jeffrey Scott Leonard Grade: WW-4 Certification No.: 993816
Mailing address: P.O. Box 249
City: Bolivia State: NC Zip: 28422-
Phone number: [phone] Office Email: [e-mail]
2. Back -Up ORC: James Robert Morrison Grade: WW-4 Certification No.: 1004104
Mailing address: P.O. Box 249
City: Bolivia State: NC Zip: 28422-
Phone number: [phone] Office Email: [e-mail]
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 2420000917 2,500,000 Full, clay 2 33.9004710-78.5030150
Storage
24200009
7,500,000
Unknown
2
33.9104400
-78.5131300
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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
Residuals
WQ0034513
Residuals
Collection System
WQCS00284
Discharging collection system
Reclaimed Water
WQ0023693
Receiving WWTP
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
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- °
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FORM: RWS-R 02-21 Page 2 of 6

SECTION IX — UTILIZATION FIELDS
1. List all utilization fields associated with the renewing permit. Attach additional sheets if necessary.
Field
County
Parcel No.
Deeded Owner
Area
Cover Crop
Latitude
Longitude
BYRD
Brunswick
2420000961
Chinaway Corp Develop. LLC
57.32
Golf course
33.897893'
-78.518136'
JONES
Brunswick
2420000958
Chinaway Corp Develop. LLC
44.32
Golf course
33.901775'
-78.505820'
MAPLES
Brunswick
2560000116
Chinaway Corp Develop. LLC
58.69
Golf course
33.8872991
-78.5146190
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total Acreage:
160.33
E
FORM: RWS-R 02-21 Page 3 of 6

ATTACHMENT A — SITE MAP
Was the facility originally permitted or had a major modification issued after September 1, 2006?
❑ Yes — Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02U .0201(d).
These requirements are:
❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and
showing all facility -related structures and fences within 500 feet of the treatment, storage, and utilization areas.
❑ Soil mapping units shown on all utilization sites.
❑ Delineation of the compliance and review boundaries per 15A NCAC 02U .0501(a)(6).
❑ Setbacks as required by 15A NCAC 02U .0701.
❑ Site property boundaries within 500 feet of all treatment, storage, and utilization sites.
® No — Skip Attachment A.
ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION
Does the signature authority in Section 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 11NOW I
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: DEW Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the
Articles of Incorporation, Declarations, and By-laws.
® No — Skip Attachment E.
FORM: RWS-R 02-21 Page 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 utilization system?
❑ Yes — Skip Attachment G.
® No — Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements
allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, and utilization system on
property not owned by the Permittee.
ATTACHMENT H — AFFILIATIONS
Are the Permittee's affiliations of record correct? Check affiliations.
❑ Yes — Skip Attachment H.
® No — Provide the corrected affiliations and their contact information.
ATTACHMENT I — COMPLIANCE SCHEDULES10
Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit)
❑ Yes — Submit documentation that the compliance schedules have been met.
® No — Skip Attachment I.
ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS
Does the Permittee have any existing civil penalties or outstanding violations?
❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request.
❑ Yes (violations) — Submit a copy of your response to the Notice of Violation.
® No — Skip Attachment J.
FORM: RWS-R 02-21 Page 5 of 6

I ATTACHMENT K — INDUSTRIAL WASTEWATER I
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 02U .0201(a). 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 I
Does the existing permit include setback waivers?
❑ Yes — Pursuant to 15A NCAC 02T .0701(g), 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
pa.► W `3 i-") LYA ..5 attest that this
(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.
SignatureDate: �112�i
THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA:
Email:
Non-Discharge.Reports( ,ncdenr.gov
Laserfiche Upload:
https://edoes.de(l.ne.gov/Forms/NonDischarge-Branch-
Submittal-Form-Ver2
FORM: RWS-R 02-21 Page 6 of 6

BRUNSWICK COUNTY
Sea Trail Wastewater Treatment Plant
Permit number WQ0012748
ATTACHMENT C- FLOW REDUCTION DATA
• Total single family residential homes in service area: 8,542
• Flow data from calendar year 2023
• No months are within 20% of the approved flow reduction
Month
Monthly (G Average
GPD per Home
January
716279
83.9
February
719417
84.2
March
593735
69.5
April
703121
82.3
May
587057
68.7
June
978108
114.5
July
1082400
126.7
August
981810
114.9
September
886237
103.8
October
814598
95.4
November
730765
85.5
December
675413
79.1

Water Resources
ENVIRONMENTAL QUALITY
May 23, 2018
Ann B. Hardy, County Manager
Brunswick County
P.O. Box 249
Bolivia, NC 28422
Subject: Adjusted Daily Sewage Flow Rate Approval
Brunswick County (WQCS00284)
Dear Ms. Hardy
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
On February 16, 2018, the Division of Water Resources (Division) initiated a review of the existing
Brunswick County flow reductions to develop a comprehensive flow reduction that would apply to all
permitted but not yet tributary residential connections and all future residential connections within the
Brunswick County service area. In accordance with 15A NCAC 02T .0114(f)(2), the Division has evaluated
the existing flow reductions as granted to various portions of Brunswick County, and based on input
from the Wilmington Regional Office as well as historical data for the county and the Division of Water
Infrastructure (DWI) guidance, the Division hereby approves for use by Brunswick County an adjusted
daily sewage design flow rate with the following conditions:
• The flow reduction is applicable to residential single family dwellings only.
• The minimum flow for 1 and 2 bedroom dwellings shall be 140 gallons per day.
• Each additional bedroom above two bedrooms shall increase the volume by 70 gallons per day
per bedroom (e.g. three bedroom homes shall utilize 210 gallons per day).
• This flow reduction shall not apply to sewer extension applications and/or permits for any other
public or private organizations whose wastewater flows are or might become tributary to
Brunswick County collection system (WQCS00284).
o The flow reduction may be applied to sewer extension applications and/or permits
where the permitted development shall be transferred to Brunswick County upon
completion.
• This flow reduction is only applicable for developments with flows tributary to the current
existing wastewater treatment facilities, and shall supersede any previous flow reductions
granted to developments tributary to the following treatment plants:
o Carolina Shores WWTP (NC0044873)
o Northeast Brunswick Regional WWTP (NC0086819)
o Shallotte WWTF (WQ000798)
o Ocean Isle Beach WWTF (WQ0006085)
-'","Nothing Comparesw-L..
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6300

Brunswick County
WQCS00284
o Sea Trail WWTF (WQ0012748)
o West Brunswick Regional WRF (WQ0023693)
• Per 15A NCAC 02T.0114(e)(2), this flow reduction shall not apply to residential property on
barrier islands and similar communities located south or east of the Atlantic Intracoastal
Waterway used as a vacation rental as defined in G.S. 42A-4. Such residences shall use 120
gallons per day per habitable room.
• Previous flow reductions as listed in the March 18, 2004 flow reduction approval for 904
Georgetown (185 GPD per 3-bedroom unit) and Bald Head Island (305 GPD per unit) shall
remain in place, as they do not connect to Brunswick County's collection system.
• This flow reduction must be reevaluated and approved by the Division prior to application to
any future Brunswick County treatment facilities.
Future sewer extension applications should be made using the flow reduction amount stated above. All
other aspects of the permitting process remain unchanged, and all applications must comply with the
statues, rules, regulations and minimum design criteria as certified by the owner and engineer.
Regardless of the adjusted design daily wastewater flow rate, at no time shall the wastewater flows
exceed the effluent limits as defined in the permit for the treatment facility or exceed the capacity of
the sewers downstream of anv new sewer extension or service connectionisi.
The granting of this flow reduction does not prohibit the Division from reopening, revoking, reissuing
and/or modifying the flow reduction as allowed by the laws, rules, and regulations contained in 15A
NCAC 02T, NCGS 143-215.1, or as needed to address changes in State and/or Federal regulations with
respect to wastewater collection systems, protection of surface waters and/or wastewater treatment.
If you have any questions, please contact Christyn Fertenbaugh, P.E., at [phone], or via email at
aenr. ov.
Sincerely,
for Linda Culpepper
Interim Director, Division of Water Resources
by Deborah Gore, Supervisor
Pretreatment, Emergency Response and Collection Systems Branch
Cc: William Pinnix, P.E., Brunswick County (Will iam.Pinnix2brunswickcountync.pov)
John Nichols, P.E., Brunswick County (John.Nichols@bru nswickcountync.p'ov)
Wilmington Regional Office, Water Quality Regional Operations
Central Files - Brunswick County Collection System (WQCS00284)
Central Files— NC0044873, NC0086819, WQ0000798, WQ0006085, WQ0012748, WQ0023693
PERCS (electronic copy)
Page 2 of 2

05/03/2004
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Recording Time, Book and Page
Parcel Identifier , No.
Verified by Brunswick County on the day of 2004
by
Mail after recording to Terri McGaughey, Wachovia Capitol Center, 150 Fayetteville Street Mall, Suite 1400,
Raleigh North Carolina 27602.
This instrument was prepared by Terri McGaughev
Brief Description for the index 5.03 ac. Book 29, Page 490
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this day of April, 2004, by and between
GRANTOR
Sea Trail Corporation,
a North Carolina Corporation
GRANTEE
Brunswick County, a public body and body corporate and
politic of the State of North Carolina
P.O. Box 249
Bolivia, NC 28422
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties and their successors and assigns,
and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all
those certain lots or parcels of land situated in Brunswick County, North Carolina, and more particularly described
as follows:
RAL 287023v8

Inst # 207939 Book 1936Page: 701
Being all that tract or parcel lying in Shallotte Township, Brunswick County, North Carolina, and more
particularly described:
Being 5.03 acres as shown on that plat entitled, "Map For: Sea Trail Corporation, A part of the lands
claimed in Deed Book 662, Page 828, Shallotte Township, Brunswick County, N.C.," dated and recorded
March 18, 2004, in Book 29, Page 490, Brunswick County Registry, North Carolina.
Together with all appropriate easements and rights -of -way at locations where sewer and water reuse
pipes, utility lines, or related installations as currently exist on, over, and under Grantor's real property
necessary for the use of said tract as a wastewater treatment plant (including, without limitation, a reuse
water transmission and disposal site) and the conduct of Grantee's reuse water, and sewer operations
and activities, said easements and rights -of -way being appurtenant to said tract or in gross, as applicable
from time to time, and, without limitation, Grantor, for a valuable consideration paid by the Grantee, the
receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey
unto the Grantee (1) all existing easements and rights -of -way on, over, and under Grantor's real property
for the use of said tract hereby conveyed as a wastewater treatment plant and a reuse water transmission
and disposal site as said easements and rights -of -way may currently exist, said easements being
perpetual; (2) perpetual easements for existing reuse water, water, sewer, electric, gas, and or other
existing utility line installations and for inspection, maintenance, repair, replacement, removal, testing, and
other use in connection with Grantee's wastewater treatment and reuse water transmission and disposal
activities and operation on, over, and under Angel Trace Road (also sometimes known as Angel's Trace
Road and Angels Trace Road) located in Brunswick County, North Carolina, said easement to also
extend on ten feet of the property of Grantor abutting said road, or that smaller portion of Grantor's
currently owned property abutting said road, if Grantor owns less than the stated width, or such lesser
width as will accommodate Grantor's development and/or subdivision of its property for Grantor's
commercial and other purposes but permit Grantee reasonable access and use of its easement rights; (3)
a perpetual non-exclusive easement for ingress, egress, and regress by vehicular and pedestrian traffic
on, over, and under said Angel Trace Road located in Brunswick County, North Carolina, so as to permit
Grantee and Grantee -designated employees, agents, contractors, subcontractors, representatives, and
invitees to access the 5.03 acre tract and easements deeded to Grantee herein; and (4) perpetual
easements for inspection, maintenance, repair, replacement, removal, testing, and other use of existing
pipe and related equipment for the conveyance of reuse water on, over, and under Grantor's property and
into the pond located between the 131h, 14th and 151h holes of the Byrd Golf Course, as shown on Exhibit
B, attached hereto and incorporated herein by reference (the "Pond"), as the storage/transfer pond to
receive up to 500,000 gallons per day ("gpd") of said reuse water or discharge, such an easement having
a width of ten feet on each side of each pipe currently running from the tract conveyed hereby to the Pond
or that smaller portion of Grantor's currently owned property if Grantor owns less than the stated width, or
such lesser width as will accommodate Grantor's development and/or subdivision of its property for
Grantor's commercial and other purposes but permit Grantee reasonable access and use, together with a
perpetual easement for the discharge of reuse water into the Pond. Provided, ,notwithstanding any
provision herein to the contrary, upon a reverter as provided below of the entire 5.03 acre tract previously
described, the easements granted herein shall terminate to the extent they are no longer reasonably
necessary in connection with the operation of Grantee's sewer system following closure of the ST Pump
Station.
Provided further, and nothwithstanding any provision herein to the contrary, the easements related to
transmission and disposal of reuse water to the Pond will terminate upon termination of the Reuse Water
Agreement by and between Grantor and Grantee, dated AU 11- 30 2004.
Provided, notwithstanding any provision herein to the contrary, any easement rights granted herein as to
existing easements, pipes, lines and other installations, are granted to the extent Grantor has the right to
use such easements and assign the right to use such easements.
In the event that Grantee's Board of Commissioners determines by resolution that it is in Grantee's best interests
to permanently discontinue the operation of the wastewater treatment plant with a permitted capacity of 500,000
gpd and constructed capacity of 200,000 gpd or as expanded (the "Sea Trail Treatment Plant") located on said
2
RAL 287023v8

Inst # 207939 Book 1936Page: 702
tract (the "Land") and any other wastewater treatment facilities of any kind (other than for the below -defined ST
Pump Station) on the Land, the Land (except for the Pump Station Tract (as defined below) if the below -defined
ST Pump Station is constructed) will, upon the terms and subject to the conditions of this paragraph, revert to
Grantor. At the discretion of Grantee, Grantee may retain a tract of the Land for the purpose of constructing a
sewer pump station (the "ST Pump Station") and necessary sewer lines to pump the wastewater (the "ST
Wastewater") then treated by the Sea Trail Treatment Plant to another treatment facility. Such tract shall be
determined by Grantee provided that such tract (i) is established in compliance with applicable subdivision Laws
(as defined below), and (ii) subject to applicable Laws and applicable engineering standards, (A) is no larger than
10,000 square feet and (B) is contiguous to Angel Trace Road in dimensions and location sufficient to permit
access to the remainder of such tract (such tract, as finally determined, is referred to herein as the "Pump Station
Tract"). Grantor and Grantee shall cooperate in complying with any applicable subdivision Laws in connection
with the subdivision of the Pump Station Tract, and Grantor shall bear any filing or other expenses required in
connection with such subdivision. Grantor shall provide, without cost to Grantee, all utility easements, which shall
be recordable and reasonably satisfactory to Grantee, with respect to the Land that are reasonably necessary in
connection with the ownership and operation of the ST Pump Station and the operation of Grantee's sewer
system following closure of the Sea Trail Treatment Plant. After the ST Pump Station is fully operational and the
Sea Trail Treatment Plant and other wastewater treatment facilities on the Land have been permanently
discontinued by Grantee, (i) Grantee shall, at its expense, demolish, dismantle or remove the Sea Trail Treatment
Plant and other wastewater treatment facilities (other than the ST Pump Station) (ii) to the extent that Grantee
caused below -defined Materials of Environmental Concern to be placed on the Land (other than the Pump Station
Tract, if the ST Pump Station is constructed), Grantee shall, at its expense, clean up such Materials of
Environmental Concern to the extent required under applicable Environmental Laws. After the ,parties have
complied with their respective obligations in this paragraph, Grantee shall record a notice thereof at the Brunswick
County land records registry and provide Grantor with a copy thereof. Upon Grantee's recording of such notice,
the Land, except for the Pump Station Tract (if the ST Pump Station is constructed), shall automatically revert,
without any other action taken by the parties, to Grantor and its successors and assigns. "Laws" shall mean any
federal, state, local, municipal, foreign, international, multinational or other constitution, law, ordinance, principle
of common law, code, regulation or statute as amended, modified, codified, replaced or reenacted, in whole or in
part, and in effect from time to time, including rules and regulations promulgated thereunder. "Materials of
Environmental Concern" shall mean chemicals; pollutants; contaminants; wastes; toxic or hazardous substances
(including without limitation substances listed as hazardous under the United States Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (CERCLA)), materials and wastes; petroleum
and petroleum products; asbestos and asbestos -containing materials; polychlorinated biphenyls; lead and lead -
based paints and materials; and radon. "Environmental Law" shall mean each Law relating to pollution, protection
or preservation of human health or the environment including ambient air, surface water, ground water, land
surface or subsurface strata, and natural resources, and including each law and regulation relating to emissions,
discharges, releases or threatened releases of Materials of Environmental Concern, or otherwise relating to the
manufacturing, processing, distribution, use, treatment, generation, storage, containment (whether above ground
or underground), disposal, transport or handling of Materials of Environmental Concern, or the preservation of the
environment or mitigation of adverse effects thereon and each law and regulation with regard to record keeping,
notification, disclosure and reporting requirements respecting Materials of Environmental Concern.
In the event that Grantee's Board of Commissioners determines by resolution that it is in Grantee's best interests
to permanently discontinue the operations of the ST Pump Station (if it is constructed), the Pump Station Tract
will, upon the terms and subject to the conditions of this paragraph, revert to Grantor. After the ST Pump Station
operations have been permanently discontinued, (i) Grantee shall, at its expense, demolish, dismantle or remove
the ST Pump Station and (ii) to the extent that Grantee caused Materials of Environmental Concern to be placed
on the Pump Station Tract, Grantee shall, at its expense, clean up such Materials of Environmental Concern, to
the extent required under applicable Environmental Laws. Grantor shall provide, without cost to Grantee, all utility
easements, which shall be recordable and reasonably satisfactory to Grantee, with respect to the Pump Station
Tract that are reasonably necessary in connection with the operation of Grantee's sewer system following the
closure of the ST Pump Station. After the parties have complied with their respective obligations in this
paragraph, Grantee shall record a notice thereof at the Brunswick County land records registry and provide
Grantor with a copy thereof. Upon Grantee's recording of such notice, the Pump Station Tract shall automatically
revert, without any other action taken by the parties, to Grantor and its successors and assigns.
RAL 287023v8

Inst # 207939 Hook 1936Page: 703
TO HAVE AND TO HOLD the aforesaid lots or parcels of land, and all privileges and appurtenances thereto
belonging, to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor
will warrant and defend the title against the lawful claims of all persons whomsoever, except for those exceptions
hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
See Exhibit A attached hereto and incorporated herein by reference.
(Signature appears on the following page)
4
RAL 287023v8

Inst # 207939 Book 1936Page: 704
IN WITNESS WHEREOF, the Grantor each have caused this instrument to be signed in its corporate name,
each by its duly authorized officer by authority of its Board of Directors, on or as of the day and year first above written.
SEA TRAIL CORPORATION,
a North Carolina Corporation
B (�
Y�
Titl : _i-tt President
SEAL -STAMP
,�^ �N�INlHilllgt
Al MA '�i,� STATE OF NORTH CAROLINA, ►� 2 � i c �� County.
��`1 •••••••.,�,`�Q'yr+ I, the undersigned Notary Public, certify that 0�%SBt �"� personally came
i•��� o o before me this day and acknowledged that to/she is President of Sea Trail Corporation, a North
• © _ Carolina corporation, and that W/she, as President, being authorized to do so, executed the
fa" �? : zY foregoing on behalf of the corporation. Witness my hand and official stamp or seal, this 30 day of
,�1rCt< = Y ,� P t- 2004.
PU13 ',_
��i���/!C`�j1G,`•`O` Uj Notary Pubic
My commission expires: 60
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of HUEY BRANT MARSHALL
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 3 0 th Day of April 2004
in the Book and page shown on the First Page hereof.
RO E J. RO INSON, Register of Deeds
/�>ef
RAL 287023v8

Inst # 207939 Book 1936Page: 705
Exhibit A
Permitted Exceptions
1. Taxes for the year 2004, not yet due and payable.
2. Reservation of gas, oil and mineral rights by International Paper Company recorded in Book 611,
Page 411, Brunswick County Registry; and Notice of Mineral Claim recorded in Book 616, Page
423, Brunswick County Registry.
3. Boundary Line Agreements(s) and Street Agreement(s) between Sea Trail Corporation and Odell
Decarol Williamson, et al., recorded in Book 821, Page 243, Brunswick County Registry.
4. Easements and other facts as shown on map recorded in Map Book/Cabinet 29, Page 490,
Brunswick County Registry.
5. Existing non-exclusive easements for public roads and utilities now in use.
6. Any unrecorded easements for sewer lines, maintenance and construction of sewer lines, and all
matters pertaining to the collection system operation of the South Brunswick Water and Sewer
Authority system.
7. Right-of-way of Angel Trace Road.
8. Notwithstanding the foregoing, the following additional exceptions to title are made as to the
easement rights granted herein: (i) Presently enforceable easements, restrictions, and conditions
of record; (ii) matters which may be revealed by a current survey of the property; (iii) rights of
others to the use of Angel Trace Road.
6
RAL 287023v8

rest 207939 Bong 1936page: 706
Exhibit B
Pond Map
[Attached map, including this legend: The attached map is not a certified survey and has not been
approved by a local government agency for compliance with any applicable land development
regulations.]
7
RAL 287023v8

Prepared by and Return to:
Parker, Poe, Adams & Bernstein L.L.P.
Attn: John R. Hairr III, Esq.
Three Wachovia Center
401 South Tryon Street
Suite 3000
Charlotte, NC 28202
NORTH CAROLINA
Brunswick County --Register of Deeds
Robert J. Robinson
Inst #207940 Book 1936Page 708
04/30/2004 06:52:40pm Rec# / T 7 8 3 -
RET 4i 1 �—�`�
�o TOTAL��,.REV_,..,,,..TC#�
RE'C# .-CK AMT_____CK#
CASH. REF,,,_. -BY
BRUNSWICK COUNTY REUSE WATER AGREEMENT
THIS REUSE WATER AGREEMENT (the "Agreement"') is made effective as of
A , 2004, by and between Sea Trail Corporation, a North Carolina corporation
(th "Sea Trail"), and Brunswick County, a county of the State of North Carolina (the
"County").
WITNESSETH:
WHEREAS, Sea Trail is the owner of golf courses known as The Maples, Jones and
Byrd (collectively, the "Golf Courses") in the development known as Sea Trail Plantation in
Brunswick County, North Carolina;
WHEREAS, pursuant to (i) that Asset Purchase Agreement dated April 7, 2004 between
the County and South Brunswick Water and Sewer Authority ("SBWSA") and (ii) that Sewer
Service Agreement dated April3a, 2004 among the County, Sea Trail and STES, Inc. (the
"Sewer Service Agreement"), the County has acquired and operates a wastewater treatment
facility (the "Sea Trail Facility") with a design capacity of 500,000 gallons per day ("GPD")
serving the Sea Trail Plantation and the rest of the SBWSA's wastewater collection system; and
WHEREAS, the County desires to supply treated effluent reuse water from the Sea Trail
Facility and potentially other Additional Facilities (as defined below) to irrigate the Golf
Courses, and Sea Trail desires to accept such reuse water up to an agreed quantity;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:

Inst # 207940 Book 1936Page: 709
Provision and Accgptance of Reuse Water.
(a) During the Term of this Agreement, subject to and in accordance with all
applicable Permits (as defined below) and Law (as defined below), (i) the County shall supply up
to 500,000 GPD of reuse water from the Sea Trail Facility and/or any Additional Facilities to Sea
Trail, and (ii) Sea Trail shall accept and store such reuse water in the Pond (as defined below)
and agrees to irrigate the Golf Courses with such reuse water, with the allocation of such amount
between the Golf Courses to be determined by Sea Trail. Except as otherwise provided in this
Agreement, the County shall obtain a nondischarge Permit and all other Permits required in order
to discharge reuse water upon the Golf Courses as provided under this Agreement and otherwise
to perform the party's respective obligations under this Agreement. Sea Trail shall cooperate in
connection with the County's efforts to obtain such Permits. In the event that the County notifies
Sea Trail in writing, at any time or from time to time, that it intends to supply reuse water to Sea
Trail under this Agreement from one or more facilities (such facility or facilities are referred to
herein as "Additional Facilities" and the Sea Trail Facility and the Additional Facilities are
sometimes referred to herein as the "Treatment Facilities") other than, or in addition to, the Sea
Trail Facility, the parties shall cooperate with each other to obtain such additional Permits as are
required under applicable Law, and/or to modify any Permits held by the County, as required
under applicable Law to authorize the supply of reuse water hereunder from such Additional
Facilities.
(b) Sea Trail shall not transfer any of the reuse water to any golf courses other
than the Golf Courses, or otherwise dispose of the reuse water in any manner other than as
expressly provided in this Agreement, unless: (i) Sea Trail provides the County with prior notice
thereof. and obtains the County's prior written approval thereof, which approval shall not be
unreasonably withheld, (ii) Sea Trail obtains all required Permits under applicable Laws in
connection therewith, (iii) Sea Trail bears all costs with respect to transferring such reuse water,
including without limitation the costs of obtaining any such additional Permits and the costs of
modifying any of the Permits held by the County to the extent required, and (iv) such reuse water
transfer, use and disposal is in compliance with all applicable Laws, including without limitation
all Permits held by the County. The County will provide reasonable assistance to Sea Trail in
connection with obtaining the required Permits under clause (ii) above provided that such
assistance does not require the payment of any out-of-pocket expenses by the County or
adversely impact the County's sewer service operations or the County's Permits.
(c) Sea Trail represents and warrants that (i) it is the sole owner in fee simple
of the Golf Courses and (ii) it has the operational authority to properly manage the reuse water
consistent with this Agreement, including control of when and where the effluent irrigation
events will take place and the duration of such effluent irrigation events.
2. Storage/Transfer Pond and Reuse Line. Sea Trail shall provide, without cost to
the County, the existing site located between the 13th, 14th and 15th holes of the Byrd Golf
Course, as shown on Exhibit A, which is attached hereto and incorporated herein by reference
(the "Pond"), as the storage/transfer pond to receive up to 500,000 GPD of reuse water from the
Treatment Facilities, and all necessary easements, which shall be recordable and reasonably
satisfactory to the County, for a reuse water line (the "Reuse Line") from the Treatment Facilities
to the Pond. Sea Trail shall, at its expense, and in accordance with the County's Permits and
Page 2 of 9

Inst # 207940 Hook 1936Page: 710
applicable Laws (a) store the reuse water upon the Pond and (b) operate and maintain the Pond,
all irrigation lines from the Pond to the Golf Courses and all pumps necessary to deliver the
reuse water from the Pond to the Golf Courses. The County, at its expense, shall operate and
maintain the Reuse Line.
3. Operation and Maintenance of Irrigation Facilities. Sea Trail shall provide a
certified spray irrigation operator(s) and an operator in responsible charge (ORC) at all times and
otherwise comply with all applicable Permits, 15A NCAC 8G and. all other applicable Laws.
Sea Trail shall spray up to 500,000 GPD of reuse water on the Golf Courses, subject to
applicable Permit limitations on irrigation during inclement weather or when the ground is in a
condition that would cause runoff. The aesthetic desires or management of the Golf Courses
shall not be justifiable reasons for violating Permit conditions related to irrigation. In the event
that Sea Trail fails to operate and maintain its irrigation system so as to provide for acceptance of
reuse water in accordance with this Agreement, then the County shall have the right to enter
upon the applicable Golf Courses to perform such operation and maintenance at Sea Trail's
expense payable on demand.
4. Permit Compliance, Record Keeping, Enforcement and Civil Penalties. The
County shall provide to Sea Trail copies of all Permits, renewals, notices and correspondence
from the State of North Carolina, Department of Environment and Natural Resources, Division
of Water Quality ("DWQ"), or any other regulatory agency or authority that relate to this
Agreement or the obligations of the parties hereunder. Sea Trail shall provide to the County
copies of all Permits, renewals, notices and correspondence from DWQ or any other regulatory
agency or authority that relate to this Agreement or the obligations of the parties hereunder. All
reuse water provided by the County shall meet the requirements and standards of all applicable
Permits and other applicable Laws. Sea Trail shall have the right to suspend acceptance of reuse
water during any period in which the water (a) does not meet the requirements and standards of
all applicable Permits and other applicable Laws, (b) would endanger health or (c) subject to
Section 3 hereof, would endanger property. The County shall be responsible for conducting all
sampling and testing of the treated wastewater effluent, as required by applicable Permits. Sea
Trail shall cause the irrigation operators to maintain records regarding storage of the reuse water
and irrigation of the Golf Courses, as required by applicable Permits and Laws, and such
information shall be provided to the County when provided to DWQ. The County shall be
responsible for maintaining records regarding reuse water inflow to the Pond, and for submitting
all required reports regarding such reuse water to DWQ. In the event that a civil penalty is
assessed against the County by DWQ for any violation of any applicable Law or Permit for
which Sea Trail is responsible, Sea Trail shall remit the amount of the penalty to the County for
payment to DWQ within thirty (30) days of Sea Trail's receipt of such violation notice; provided
that Sea Trail shall have the right to contest each alleged violation and the County shall
cooperate for that purpose. In the event that a civil penalty is assessed against Sea Trail by DWQ
for any violation of any applicable Law or Permit for which the County is responsible, the
County shall remit the amount of the penalty to Sea Trail for payment to DWQ within thirty (30)
days of the County's receipt of such violation notice; provided that the County shall have the
right to contest each alleged violation and Sea Trail shall cooperate for that purpose.
5. Reuse Water Charges. Until the earlier to occur of. (a) the expiration or earlier
termination of the Term or (b) the discontinuation of the operations of the Sea Trail Facility by
Page 3 of 9

Inst # 207940 Book 1936Page: 711
the County, Sea Trail shall not be obligated to pay any fees for the receipt of reuse water under
this Agreement. Upon the discontinuation of the Sea Trail Facility operations, Sea Trail shall
pay to the County an amount equal to the County's direct costs of service of transporting reuse
water from the Treatment Facilities to the Pond. This amount shall be determined after the
County has discontinued the Sea Trail Facility operations and its actual transport costs are
determined. All capital costs incurred by the County for the design, engineering, construction,
and installation of the Reuse Line or the Treatment Facilities shall not be considered costs of
service for purposes of determining the reuse water charge. The County shall review and adjust,
on an annual basis, the reuse water charge as necessary to cover the direct costs of such service.
The County shall bill Sea Trail for the reuse water, and the reuse water charge shall be payable,
on a monthly basis.
6. Term; Modifications. The term of this Agreement (the "Term") shall commence
upon the date hereof and expire only upon one (1) year prior written notice by the County to Sea
Trail; provided, however, that (a) either party may terminate the Term, by giving written notice
to the other party, if required in order to comply with applicable Law or with Permits held by
such party, (b) Sea Trail may terminate the Tenn by giving four (4) years prior written notice to
the County and (c) following any permanent discontinuation of the operations of the Sea Trail
Facility (other than any pump station) by the County, Sea Trail may terminate the Tenn by
giving three (3) years prior written notice to the County. Notwithstanding anything in this
Agreement to the contrary, this Agreement may not be terminated, modified or amended without
the prior consent of DWQ. Any modification or amendment shall be in writing specifically
referring to this Agreement and signed by the parties hereto.
7. Successors and Assigns. This Agreement shall be binding on and shall inure to
the benefit of the parties hereto and their respective successors in interest. The County may not
assign this Agreement to third parties without the prior written consent of Sea Trail, which
consent shall not be unreasonably withheld, except that the County may assign this Agreement to
another Governmental Entity and thereafter have no further obligations hereunder (other than
breaches of this Agreement prior to such conveyance) without the prior written consent of Sea
Trail. Without the consent of the County, Sea Trail may convey all or portions of the Golf
Courses and thereafter have no further obligations hereunder with respect to such conveyed Golf
Course or portion thereof (other than breaches of this Agreement prior to such conveyance),
provided that any such conveyance shall be made subject to the provisions of this Agreement and
such assignee executes and delivers a written instrument of assumption of this Agreement, which
instrument shall be reasonably acceptable to the County. Prior to any change in control of Sea
Trail, (a) Sea Trail shall provide the County with notice thereof, and (b) the transferee shall
acknowledge, in writing, this Agreement and the obligations of Sea Trail hereunder. Except as
provided in this Section, no party hereto shall have the right to assign any of its rights or
obligations under this Agreement without the prior written consent of the other party. The
parties agree that this Agreement or a memorandum thereof may be recorded with the
appropriate public registry and will take such steps as are necessary to permit recordation.
8. Indemnification.
(a) The County shall hold harmless and indemnify Sea Trail against any
claims, demands, liabilities, judgments, damages, costs, reasonable attorneys fees, fines and
Page 4 of 9

Inst # 207940 Look 1936Page: 712
penalties (collectively, the "Losses") arising out of (regardless of whether such Losses are
attributable to a third party claim) (i) any failure by the County to comply with applicable Laws
and Permits with regard to its obligations hereunder including its obligation to provide reuse
water in compliance with applicable Laws or (ii) any material breach of this Agreement by the
County.
(b) Sea Trail shall hold harmless and indemnify the County against any
Losses arising out of (regardless of whether such Losses are attributable to a third party claim) (i)
any failure by Sea Trail to comply with applicable Laws and Permits with regard to its
obligations hereunder or (ii) any material breach of this Agreement by Sea Trail.
9. Miscellaneous.
(a) Any term or provision of this Agreement that is held by a court of
competent jurisdiction or other authority to be invalid, void or unenforceable in any situation in
any jurisdiction shall not affect the validity or enforceability of' the remaining terms and
provisions hereof of the validity or enforceability of the offending term or provision in any other
situation or in any other jurisdiction. If the final judgment of a court of competent jurisdiction or
other authority declares that any term or provision hereof is invalid, void or unenforceable, the
parties agree that the court making such determination shall have the power to reduce the scope,
duration, area or applicability of the term or provision, to delete specific words or phrases, or to
replace any invalid, void or unenforceable term or provision with a term or provision that is valid
and enforceable and that comes closest to expressing the intention of the invalid or unenforceable
term or provision.
(b) No waiver by any party hereto of any default shall be deemed a waiver of
any prior or subsequent default under the same or other provisions of this Agreement. This
Agreement constitutes the entire understanding of the parties hereto as to the subject matter
hereof, revokes and supersedes all prior agreements between the parties hereto as to such subject
matter (whether written or oral), and is intended as a final expression of the mutual
understanding. This Agreement may be executed in any number of counterpart signature pages
(including facsimile counterpart signature pages), each of which shall be deemed an original and
all of which, taken together, shall constitute one and the same instrument. This Agreement, and
all disputes arising in connection with this Agreement, shall be governed by the laws of the State
of North Carolina. Nothing expressed or referred to in this Agreement will be construed to give
any Person other than the parties hereto any legal or equitable right, remedy or claim under or
with respect to this Agreement or any provision of this Agreement, except such rights as shall
inure to a successor or permitted assignee pursuant to Section 7.
(c) In this Agreement, unless a clear contrary intention appears: (i) reference
to any agreement, document or instrument means such agreement, document or instrument as
amended or modified and in effect from time to time in accordance with the terms thereof, (ii)
"hereunder," "herein", "hereof," "hereto," and words of similar import shall be deemed
references to this Agreement as a whole and not to any particular Section or other provision
hereof; (iii) references to a Section shall refer to a Section of this Agreement; and (iv) the
Section headings contained in this Agreement are for reference purposes only and shall not affect
in any way the meaning or interpretation of this Agreement.
Page 5 of 9

Imt # 207940 Book 1936Page: 713
(d) As used herein, the following defined terms shall have the meanings
ascribed below:
"Governmental Entity" shall mean a court, arbitral tribunal, administrative
agency or commission or other governmental or other regulatory authority or agency, including
without limitation a city and township.
"Law" shall mean any federal, state, local, municipal, foreign,
international, multinational or other constitution, law, ordinance, principle of common law, code,
regulation or statute as amended, modified, codified, replaced or reenacted, in whole or in part,
and in effect from time to time, including rules and regulations promulgated thereunder.
"Permit" shall mean any approval, consent, ratification, waiver,
authorization, license, registration or permit, as modified and in effect from time to time, issued,
granted, given or otherwise made available by or under the authority of any Governmental Entity
or pursuant to any Law.
"Person" shall mean a natural person, partnership, corporation, limited
liability company, business trust, joint stock company, trust, unincorporated association, joint
venture, Governmental Entity or other entity or organization.
[Signatures on Following Page]
Page 6 of 9

Inst # 207940 Book 193GPage: 714
IN WITNESS WHEREOF, the parties hereto have caused this Reuse Water Agreement
to be duly executed as of the day and year first above written.
CLERK TO THE BOARD:
[SEAL]
SEA TRAIL CORPORATION
1
By:
Nam : 'Y1Gt
Title: President
BRPavid
OUNTY
By:
aSandifer4—,Chairman
Board of Commissioners
Page 7 of 9

Inst # 207940 Book 1936Page. 715
STATE OF Me k-ff CAR 0t-I tJ A
COUNTY OF 62 Lt f4 3"' cr(
I ijuE y [��xO T 'MAR,5(t 4 ,t- , a Notary Public of said County and State, certify
that OA+ k A, (�0 �Jtj c kt_ , who being by me duly sworn, says that he/she is
President of SEA TRAIL CORPORATION, a North Carolina corporation, and that said writing
was signed by /her on behalf of said corporation by its authority duly given. And the
President acknowledged the said writing to be the act and deed of said corporation.
my hand and seal, this 3� day of P I t— , 2,004.
_ wee Notary Public
'0�T
Y SEAL]
STATE OF NORTH CAROLINA
COUNTY OF IS 2 "-N S ' i G(t
13 P ArJ I ft,\A- 5 (4 4 <vk a Notary Public of said County and State, certify
that DAVID R. SANDIFER, who, being by me duly sworn, says that he is CHAIRMAN of
BOARD OF COMMISSIONERS of BRUNSWICK COUNTY, a County of North Carolina, and
that the seal affixed to the foregoing instrument in writing is the seal of said County and that said
writing was signed by him in behalf of said County and duly attested by its county clerk by the
County's authority duly given. And the said Chairman acknowledged the said writing to be the
act and deed of said County.
and seal, this
day of A P Q 1 �— , 2004.
Notary Pu lic
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
HUEY BRANT MARSHALL
The Foregoing (or annexed) Certificate(s) of
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 3 0 th Day of April 2004
in the Book and page shown on the First Page hereof.
RO E J. RO INSON, Register of Deeds

Inst # 207940 Book 1936Page: 716
EXHIBIT A
Pond Map (see attached map)
The attached map is not a certified survey and has not been approved by a local
government agency for compliance with any applicable land development regulations.
Page 9 of 9

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Brunswick County, NC Register of Deeds page 1 of 4
return arl Ype
otal _, Rev_ Int. _
Ok $ _ Ck # _��aa Cash $
;efiund Cash $_ Finance _.
Portions of document are illegible /duee to condition
oforiginal. AaS /v'Jrecat*
1 Docun P*lt contains ?aryls verified by original Rar-)L?
Prepared by: Bryan Batton, Post Office Box 249, Bolivia, NC 28422 i estrum a that cannot be reproduced or copied.
ASSUMPTION AGREEMENT
l��THIS ASS PTION AGREEMENT ("Agreement") is made and entered into as of the
t5 _ day of a , 2019, by and between Brunswick County, a body politic
and corporate of the Stat6of North Carolina (hereinafter referred to as "County") and Chinaway
Corporate Development, LLC, a North Carolina limited liability company (hereinafter referred
to as "Chinaway").
RECITALS:
WHEREAS, Sea Trail Corporation (hereinafter referred to as "Sea Trail"), a former North
Carolina corporation which has now been formally dissolved, entered into a Reuse Water
Agreement with the County on April 30, 2004, which is recorded in Book 1936 at Page 708, in the
office of the Brunswick County, North Carolina Register of Deeds (the "Reuse Water
Agreement");
WHEREAS, pursuant to Section 7 of that Reuse Water Agreement, Sea Trail, as operator
of the Golf Courses, as defined in the Reuse Water Agreement, agreed that any conveyance of its
interest in the Golf Courses would be subject to the provisions of the Reuse Water Agreement, and
that any purchaser of the Golf Courses would execute and deliver written instruments
acknowledging the Reuse Water Agreement and its obligations thereunder;
WHEREAS, Sea Trail transferred its interest in the Golf Courses to Chinaway, and
Chinaway obtained title to those certain lots, tracts or parcels of real estate comprising the Golf
Courses by General Warranty Deed dated July 15, 2013, which was recorded on July 16, 2013, in
Book 3430 at Page 853 of the Brunswick County, North Carolina Register of Deeds; and
WHEREAS, Chinaway acquired the Golf Courses subject to the obligations set forth in the
Reuse Water Agreement and agreed to the assumption of same.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants
contained herein, and other good and valuable consideration, the receipt of which are hereby
acknowledged, the parties agree as follows:

B4194P1158 05-24-2019
.04:IIIII'II IIIIII II IIII �I IIIII'I I�I II Ilof Deeds page 2nof 1 4 PROP
Brunswick County, NCRegister
1. Acknowledgement. Chinaway hereby acknowledges the existence and validity of
the Reuse Water Agreement and further acknowledges its receipt of a copy of same.
2. Assumption of Obligations. Chinaway hereby assumes and agrees to be bound
by the Reuse Water Agreement and to perform all obligations required of Sea Trail under the Reuse
Water Agreement. Chinaway agrees to execute and deliver all instruments and take all further
actions as the County may require in order to evidence the assumption of the obligations under the
Reuse Water Agreement.
3. Consent and Acceptance by County. The County hereby expressly consents to
the assumption by Chinaway of the obligations under the Reuse Water Agreement and accepts this
Assumption Agreement as satisfying the requirements for conveyance under Section 7 of the
Reuse Water Agreement.
4. Successors and Assigns. This Agreement shall be binding upon and inure to�the
benefit of the parties hereto and their respective successors and assigns.
5. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of North Carolina without regard for its choice of law provisions. All actions relating in any
way to this Agreement shall be brought in the General Court of Justice of the State of North
Carolina in Brunswick County or in the Federal District Court for the Eastern District of North
Carolina, Wilmington division.
6. Dispute Resolution. Should a dispute arise as to the terms of this Agreement, both
parties agree that neither may initiate binding arbitration. The parties may agree to non -binding
mediation of any dispute prior to the bringing of any suit or action.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
2

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.000
Brenda M. Clemmons 12 PROP
Brunswick County, NC Register of Deeds page 3 of 4
BRUNSWICK COUNTY
By: I'6l
Title: County Manager
Date: S • /57 - / S
CHINAWAY CORPORATE DEVELOPMENT, LLC
By:..')
Title: �r d
Date: ` 19L4 19
APPROVED AS TO FORM
Bruns 'ck unty Attorney/A�t Attorney
tj

IIIIIIII IIIII ill llll 11 IIII IIIIII i l 111 B4s94 P1160 05-04-z20 .00
Brunswick County, NC Register of Deeds. Clemmons PROP
Page 4 of 4
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
'Z(1 k440 f , a Notary Public in and for the State of North
Carolina, County o hie• Ll�jc , do hereby certify that ? 14,W [,� R,,� �c �¢i�'� ,
Member/Manager of Chinaway Corporate Development, LLC, a North &rolina limited liability
company, personally appeared before me this day and acknowledged the due execution, being
authorized to do so, of the foregoing instrument on behalf of the company.
Witness my hand and notarial seal this the o1 'I day of j. 12019.
DEBRA BORDEAUX
Notary Public
Brunswick County
North Carolina
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Notary Public G�2
My Commission Expires:
My Commission Expires March 18, 2022
I, PC VICVICa G - W k 1-k , a Notary Public in and for the State of North
Carolina, County of�V a gl;Lk)iM , do hereby certify that Ann B. Hardy, County Manager
of Brunswick County, North Carolina, a body politic and corporate of the State of North Carolina,
personally appeared before me this day and acknowledged the due execution, being authorized to
do so, of the foregoing instrument on behalf of Brunswick County.
Witness my hand and notarial seal this the 15 day of , 2019.
��' �'}• ,.s Notary P lic
=O•; ' ':• My Commission Expires:
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