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HomeMy WebLinkAboutWQ0024694_Renewal Application_20240726Initial Review Reviewer nathaniel.thornburg Is this submittal an application? (Excluding additional information.) * Yes No Permit Number (IR) * WO0024694 Applicant/Permittee Aqua North Carolina, Inc. Applicant/Permittee Address 202 MacKenan Court, Cary, NC 27511 Is the owner in BIMS? Yes No Is the facility in BIMS? 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 Bright's Creek Golf Club WWTP Polk Does this need review by the hydrogeologist? * Yes No Regional Office CO Reviewer Admin Reviewer Fee Amount Complete App Date 07/26/2024 $0 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 Yes No 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* Brent Milliron Email Address* BMilliron@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* 919-653-6999 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:* WQ0024694 Has Current Existing permit number Applicant/Permittee* Aqua North Carolina, Inc. Applicant/Permittee Address* 202 MacKenan Court, Cary, NC 27511 Facility Name* Bright's Creek Golf Club 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 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.) Brights Creek (WQ0024694) Renewal _2024.06.27.pdf 4.6MB 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 omletwr Submission Date 7/26/2024 Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 DWR State of North Carolina Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02U — RECLAIMED WATER SYSTEM — RENEWAL 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 httns://edocs.deo.nc.Lyov/Forms/NonDischarue-Branch-Submittal-Form-Ver2. or emailed to Non-Discharue.Renorts(a),ncdenr.uov if less than 20 megabytes (MB). SECTION I — APPLICANT INFORMATION 11. Applicant: Aqua North Carolina 2. Permit No.: WQ0024694 3. Signature authority: Brent Milliron Title: Environmental Compliance Director Phone number: (919) 653-6999 Office Email: BMilliron@aquaamerica.com 4. Mailing address: 202 MacKenan Court City: Cary State: NC Zip: 27511- 5. Contact person: Tyler Hester Email: TLHester@aquaamerica.com Primary phone number: (803) 431-6603 Cell Secondary phone number: ( ) - Select SECTION II — FACILITY INFORMATION 1. Physical address: Regan Jackson Rd County: Polk Parcel No.: City: Mill Spring State: NC Zip: 28756- 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 35.347707' Longitude:-82.264873' Method: Map interpretation by extraction 1. Permitted flow: 120000 GPD (The maximum allowable flow based on what has been permitted) 2. As -built flow: 120000 GPD (The maximum allowable flow based on what has been constructed) 3. Average flow: 8074 GPD (The average of all reported flows on the previous calendar year's NDMRs) 4. Hydraulic capacity: 7 % (Divide the average flow in Item 3 by the As -built flow in Item 2) 5. Wastewater composition: 1. Billing address: 202 MacKenan Court City: Cary Domestic: 100 % Industrial: 0 % SECTION IV — BILLING INFORMATION State: NC 2. Verify the Applicant does not have any overdue annual fees: httns://dea .nc.2ov/about/divisions/water-resources/water-resources-hermits/w(i-er)avments Stormwater: 0 % Zip: 27511- 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 Docusim Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 0 SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION Ir (NOT APPLICABLE FOR CONJUNCTIVE SYSTEMS) 1. ORC: Rickie Daniels Mailing address: 4163 Sinclair St City: Denver Phone number: (704) 507-3415 Office 2. Back -Up ORC: Steven Hinson Mailing address: 4163 Sinclair St. City: Denver Phone number: (704) 507-3311 Office Grade: WW-3 Certification No.: 1009769 State: NC Zip: 28037- Email: rdaniels@aquaamerica.com Grade: WW-2 Certification No.: 1003263 State: NC Zip: 28037- Email: sbhinson@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 Select Select 0- ° 5-Day Upset P28-10 1,283,306 Full, synthetic 2 35.3472240-82.2643730 Storage P28-10 8,153,534 Full, synthetic 2 35.3462400-82.2643020 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 Select Select 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 Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° FORM: RWS-R 02-21 Page 2 of 6 Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 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 1 Polk P29-1 Brights CreekResort Golf 33.66 Fescue 35.3333110 -82.2724560 LLC 2 Polk P29-1 Brights CreekResort Golf 25.05 Fescue 35.3351940 -82.2775350 LLC 3 Polk P29-1 Brights CreekResort Golf 30.12 Fescue 35.3371860 -82.2754670 LLC 4 Polk P29-1 Brights CreekResort Golf 16.61 Fescue 35.3403390 -82.2677640 LLC 5 Polk P29-1 Brights CreekResort Golf 15.50 Fescue 35.3405280 -82.2710620 LLC 6 Polk P29-1 Brights CreekResort Golf 12.00 Fescue 35.3434280 -82.2675830 LLC 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 FORM: RWS-R 02-21 Page 3 of 6 Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 0 0 - 0 0 0 Total Acreage: 132.94 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(f). ® 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 .0I 15(a)(2), submit an executed Operational Aereement (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 ODerational 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: RWS-R 02-21 Page 4 of 6 Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 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. ir ATTACHMENT I — COMPLIANCE SCHEDULESjJ 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. E IL 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 Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 TTACHMENT 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 02U .0201(2). 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 .0701(2). 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. MW APPLICANT'S CERTIFICATION Brent Milliron I, attest that this application (Signature authority's name as noted in Section I, Item 3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application package are not completed, and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T .0120(b). that the applicant, or any parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance schedule in a permit, settlement agreement, or order; not paid an annual fee. Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106(b). An alternate person may be delegated as the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.613. 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. nDOCUSSI ned by: 0i1 Signature: Date: 7/26/2024 1742870BB66B4EF... 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NA_ ' h' I I , , , , ,I I i � � 1 RVE DAT POND R , 1 � , 1 / � • B� I / I I WET WE4TF}'i2FOID I I 1 i + + Proposed Was ewater I__'.-/.,_ _/==------ Treatment Plant and 5 Day Emergency Pond ' Proposed 30 DayPond Golf Course Boundary Zone Boundary � ' I 50' Creek Buffer Property Boundary Proposed Freshwater Irrigation Pond WETTED AREAS GOLF HOLE AREA ACREAGE LOCATION 1 2.95 # 10, 11 2 4.60 # 1 1 3 15.96 #12,13,14 4 0.22 # 13 5 7.40 # 15 6 3.94 # 14 7 0.97 # 17 8 3.57 # 16 9 11.70 #17, 18 10 4.75 #18 11 13.60 #3, 4 12 3.75 # 1 13 5.90 # 10 14 29.00 # 1, 8,9 15 19.50 #2, 5, 6 16 1.15 #7 17 1.70 #8 18 4.63 #7 TOTAL 135.29 ACRES LEGEND SPRAYFIELD WETTED AREA GOLF HOLE TEE/FAIRWAY GOLF HOLE NUMBER ON -SITE WELL LOCATION GOLF COURSE BOUNDARY 13 (:W) SPRAYFIELD ZONE BOUNDARY 50' CREEK BUFFER PROPOSED SPRAY HEAD AREA N N co N Z%0 N M O e4 id M L V N LL O N N u�_0 td O 0 M C en Z©J M N i OL •3IpN�, .r�� SEAL 6988 — ' :�.q••'FNG IN EE�E:.• �:� v� W W UI UU Je - - Z U � W LL< Z W C W LL. W W 113� � 0� �- 0 U W �F Q i ®C U W z J VJ Q 0 CH Z 0 Ill V) o 0 o�0 C) OM N ED [t] a AND LU Z LU -ww -� wz3um�; oLLJ ooUO'�� c=nU Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F1 17273 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH APPENDIXA-50 DOCKET NO. W-218, SUB 341 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION AQUA NORTH CAROLINA, INC. is granted this CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY to provide water and sewer utility service in BRIGHT'S CREEK GOLF CLUB SUBDIVISION, PHASES 1. Z AND 2A Polk County, North Carolina subject to any orders, rules, regulations, and conditions now or hereafter lawfully made by the North Carolina Utilities Commission, ISSUED BY ORDER OF THE COMMISSION, This the 291h day of January , 2013, NORTH CAROLINA UTILITIES COMMISSION A6L Gall L. Mount, Chief Clerk Pa..,, a -f 4 e Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 FILED in POLK County, NC on Oct 15 2007 at 01.38:57 PM by: SHEILA W. WHITMIRE STATE OF NORTH CAROLINA REGISTER OF DEEDS COUNTY OF POLx BOOK 359 PAGE 999 AMENDED AND RESTATED EFFLUENT EASEMENT AND IRRIGATION AGREEMENT Prepared by (without title exam) and Return to.- C. Blythe Clifford Heater Utilities, Inc. P.O. Drawer 4889 Cary, NC 27519 This AMENDED AND RESTATED EFFLUENT EASEMENT AND IRRIGATION AGREEMENT (the "Restated Effluent Easement") is made and entered into as of the 1.9 day of ",O` W , 2007, by Brights Creek Holdings, LLC, a North Carolina limited liability company, ("BCH"), and Heater Utilities, Inc., a South Carolina corporation ("Heater"). WITNESSETH: THAT WHEREAS, BCH is the developer of a proposed development called Brights Creek (as defined below) to consist of approximately 1,210 single-family residences with a golf course and amenities to be located on Palmer Road approximately nine miles northwest of Mill Spring, North Carolina; and WHEREAS, BCH and Heater have entered into the Agreement (as defined below) whereby Heater will own and operate the water and wastewater facilities to serve Brights Creek and own and operate the facilities as a utility company regulated by the NCUC and Pa-- o -f 4 e Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 BOOK 359 PAGE 495 DEH (each as defined below) for water service and the NCUC and DWQ (as defined below) for wastewater service; and WHEREAS, Heater is a public utility company in the business of providing water and wastewater service to communities such as Brights Creek. WHEREAS, BCH and Heater entered into the Original Effluent Easement (defined below) for Brights Creek; and WHEREAS, BCH and Heater have agreed to make certain modifications to other aspects of the Original Effluent Easement and have agreed to execute this Restated Effluent Easement, which shall completely replace in its entirety the Original Effluent Easement. NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, BCH and Heater intending to be legally bound, agree as follows: 1. Definitions. 1.1. "Agreement" shall mean the agreement for the water and wastewater utility system serving Brights Creek dated as of October 5, 2005, executed between BCH and Heater. 1.2. "Brights Creek" shall be mean the property being developed by BCH, consisting of approximately 4600 acres located on Palmer Road, approximately nine miles northwest of Mill Spring, North Carolina, which will consist of approximately 1,210 single family residences with a golf course, club, clubhouse, swimming pool, tennis courts and other amenities. 1.3. "DEH" shall mean the Division of Environmental Health of the North Carolina Department of Environment and Natural Resources. 1.4. "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.5. "Effluent Storage Pond" shall mean the 1,305,970 cubic foot storage pond and the future ponds to be constructed, owned and operated by Heater in which the Reuse Effluent (as defined below) will be stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent will then be pumped to be sprayed on the Spray Areas (as defined below). 1.6. "Golf Course" shall mean the golf course and areas appurtenant to the golf course at Brights Creek, including Golf Course rough, buffers, cart paths and access areas. 1.7. "GPD" shall mean gallons per day. Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 BOOK 359 PAGE 996 1.8. "NCUC" shall mean the North Carolina Utilities Commission. 1.9 "Original Effluent Easement" shall mean the Effluent Easement dated October 5, 2005, previously executed by BCH and Heater. 1.10. "Permit" shall mean the permit for the operation of the Wastewater Utility System and Spray Irrigation Facilities (each as defined below) issued by DWQ, as the same may be modified or renewed from time to time. 1.11. "Restated Effluent Easement" shall mean this Restated Effluent Easement and Irrigation Agreement, including all exhibits and schedules hereto, if any, as may be amended from time to time. 1.12. "Reuse Effluent" shall mean the wastewater that has been treated by Heater to the point that it meets the quality standards required by the Permit. 1.13. "Reuse Effluent Pumping Station " shall mean that certain pump house, pumps and controls to be located near the Effluent Storage Pond, the function of which will be to pump Reuse Effluent to and through the Spray Irrigation Facilities at Brights Creek. 1.14. "Spray Areas " shall mean all areas on the Golf Course, Golf Course buffers, Golf Course rough, Golf Course cart paths, and Golf Course access areas, and other specific tracts of land at Brights Creek that have been permitted by DWQ for spray irrigation of Reuse Effluent. 1.15. "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, Reuse Effluent Pumping Station, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Pond upon the Spray Areas located within Brights Creek, together with all the appurtenant easements. 1,16. "Upset Storage Pond" shall mean the 225,522 cubic foot five day upset pond constructed by Brights Creek and to be owned and operated by Heater for the retention of wastewater during WWTP upsets. 1.17. "Wastewater Utility System " shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Effluent Storage Pond, all lift stations, and other facilities used in the collection, treatment, holding and discharge of the wastewater, except the Spray Irrigation Facilities. 1.18. "WWTP" shall mean the 240,000 GPD wastewater treatment plant including the upset storage pond located within the Brights Creek development. 2. Treatment and Storage. Heater will treat the wastewater created by the Brights Creek development in its WWTP and discharge the Reuse Effluent into the Effluent Pa-- A -f 4 e Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 BOOK 359 PAGE 497 Storage Pond. At the Permit designated monitoring points, the Reuse Effluent treated by Heater will meet the standards established by DWQ in the Permit. The amount of flow to the WWTP authorized by the Permit is 240,000 GPD. 3. Withdrawal and Spray Irrivation. BCH shall be responsible for operation maintenance, repair and replacement of the Reuse Effluent Pumping Station that withdraws the Reuse Effluent from the Effluent Storage Pond and for the daily operation of the Spray Irrigation Facilities by BCH's certified spray irrigation operator. 4. Spravina Activities and Reports. BCH will cause its certified spray irrigation system operator to spray the Reuse Effluent onto the DWQ approved Spray Areas. The spray irrigation shall be performed in compliance with all DWQ requirements subject to oversight by Heater as the DWQ permittee. BCH will cause its certified operator to provide to Heater all of its monthly application rates including amounts withdrawn from the Effluent Storage Pond, amounts sprayed on each DWQ approved Spray Area, application rates and all other Reuse Effluent spray irrigation information required on Heater's monthly reports to DWQ. This information shall be provided electronically to Heater by the 10'h of the following month signed by BCH's certified spray irrigation operator. 5. Best Management Practices. BCH shall develop written Best Management Practices (BMPs) for the operation and maintenance of the Spray Irrigation Facilities. These BMPs shall be approved by Heater and BCH shall make every reasonable effort to comply with said BMPs. Specifically, these BMPs should address Effluent Storage Pond levels throughout the calendar year and strategies for maintaining these levels. 6. Standard Operatine Procedures. BCH shall develop and implement written Standard Operating Procedures (SOP), which shall be approved by Heater for the Spray Areas and Spray Irrigation Facilities. These SOPS shall include references to the established BMPs and shall address pump operating, spray field rotations, and procedures for application of Reuse Effluent from the Effluent Storage Pond. 7. Maintainine Effluent Storage Pond Level. BCH shall require its certified spray irrigation system operator to monitor the level of the Reuse Effluent in the Effluent Storage Pond and to maintain the level in the Effluent Storage Pond at or below the DWQ required freeboard. During the spring, summer and fall months, BCH shall remove Reuse Effluent from the Effluent Storage Pond and spray it onto the Spray Area to the maximum extent practicable, so as to maximize storage capacity for winter months when demand for irrigation water is low. During winter months, BCH shall remove Reuse Effluent from the Effluent Storage Pond and spray it onto the Spray Area to comply with all requirements of the Permit. Notwithstanding the foregoing, nothing in this Agreement shall be construed to require BCH or its certified spray irrigation system operator to take any action that would constitute a violation of the Permit or of any law or regulation. Pa-- a -f 4 e Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 BOOK 359 PAGE 498 S. Minimum Required Withdrawal. 8.1. BCH shall cause its certified spray irrigation system operator to remove from the Effluent Storage Pond and spray onto the Spray Areas all of the available Reuse Effluent up to a maximum permitted annual amount of 87,600,000 million gallons (240,000 gpd x 365 days = 87,600,000 million gallons). 8.2. During the early stages of development and buildout at Brights Creek there will not be enough Reuse Effluent to adequately irrigate the Golf Course. During this buildout period when there is an inadequate supply of Reuse Effluent, BCH in its reasonable discretion shall have the right to pump creek water and other water for irrigation on the Golf Course. 8.3. BCH shall begin spraying Reuse Effluent onto the Spray Areas upon issuance of any required permits and completion of construction of the following: WWTP, Effluent Storage Pond, Reuse Effluent Pumping Station and Spray Irrigation Facilities. 9. Heater's Right to Assume Spravinv Operations. BCH shall operate the Spray Irrigation Facilities in such a manner and with sufficient frequency to distribute Reuse Effluent in accordance with Section 8. If, in the reasonable opinion of Heater, BCH is not operating or maintaining the Spray Irrigation Facilities in accordance with the terms of this Restated Effluent Easement or DWQ requirements, then Heater shall give BCH written notice to make such repairs or improve such operation and maintenance procedures and, if BCH fails or refuses to do so within ten (10) days after receipt of said written notice, then, at Heater's option, Heater shall have the right to enter the Spray Areas and undertake such responsibilities to the extent necessary to operate the Spray Irrigation Facilities to accomplish the purposes of this Restated Effluent Easement, and charge BCH for the reasonable and necessary costs actually incurred thereby; provided, however, that nothing herein shall relieve BCH from the continuing obligation of operation and maintenance of Spray Irrigation Facilities. Should Heater assume the responsibility to operate and maintain the Spray Irrigation Facilities, it shall have no obligation to maintain the Spray Areas or Spray Irrigation Facilities for any purpose other than the irrigation with the Reuse Effluent; provided, however, that Heater shall use commercially reasonable efforts to avoid damage to the Spray Irrigation Facilities and the Spray Areas. 10. Testinu and Inspections. Heater shall have the right, at any time and upon reasonable notice to BCH, to enter the Spray Areas and inspect and review the operation and maintenance of the Spray Irrigation Facilities, take tests including water samples, soil borings, and conduct other tests and monitoring of the Spray Areas (including the installation and maintenance of monitoring wells) in relation to the operations to be conducted under this Restated Effluent Easement; provided, however, that (i) Heater's testing and inspection activities on the Spray Areas shall not interfere with the intended use of the Spray Areas, and (ii) Heater shall use commercially reasonable efforts to avoid damage to the Spray Irrigation Facilities and the Spray Areas. Pa-- C -f 4 e Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 BOOK 359 PAGE 999 11. Service Interruption. In the event of service interruptions caused by a malfunction of the WWTP, Heater shall exercise due diligence in completing the necessary repairs and restoring Reuse Effluent delivery to the Effluent Storage Pond. In the event of service interruption caused by a malfunction of the Spray Irrigation Facilities, BCH shall exercise due diligence in completing the necessary repairs and restoring Reuse Effluent irrigation to the Spray Areas; failing which Heater may undertake such repairs as provided in Section 9 above. 12. Grant of Easement to Heater. 12.1 BCH hereby grants and conveys to Heater, 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 Prooertv"), for the purpose of spraying Reuse Effluent, operating (in accordance with Paragraph 9), maintaining, repairing and replacing the Spray Irrigation Facilities and other activities related thereto as more fully set forth in this Effluent Easement Agreement. This easement allows such spraying and related activities within the Spray Areas identified in the attached Exhibit B (`Basement Areas"), without payment of any fee or other charge being made therefore. BCH shall not further encumber the Easement Areas in a manner that would interfere with Heater's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement. In addition, BCH shall not engage in any activity in the Easement Areas or grant any interest or privilege therein to any other party that would interfere with Heater's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement. 12.2 BCH further hereby grants to Heater, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property to the other portions of the Easement Areas 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 Heater 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. BCH shall not interfere with or permit any other party to interfere with Heater's right of ingress, egress, regress and access granted hereby. In the exercise of Heater's right of ingress, egress, regress and access, Heater shall, where possible, use existing roads, paths, and other ways of travel to and from the Spray Areas. Heater 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, BCH shall make reasonable efforts to specify ways of travel for Heater's use so as to permit Heater to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. Heater 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. 12.3 Grant of Easement to BCH. Heater hereby grants and conveys to BCH, its successors and assigns forever, a perpetual non-exclusive easement over, across, upon, and Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 BOOK 359 PAGE 500 through the WWTP Property for ingress, egress, regress and access to and from the Reuse Effluent Pumping Station for the purpose of operating the Reuse Effluent Pumping Station and other activities related thereto as more fully set forth in this Effluent Easement Agreement and as necessary for BCH to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement. This easement is appurtenant to the Easement Areas and allows activities on and access to the WWTP Property without payment of any fee or other charge being made therefore. Heater shall not further encumber the WWTP Property, or engage in any activity therein, or grant any other interest or privilege therein to any other party, that would interfere with BCH's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement. In the exercise of BCH's right of ingress, egress, regress and access, BCH shall, where possible, use existing roads, paths, and other ways of travel to and from the Reuse Effluent Pumping Station. BCH 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, Heater shall make reasonable efforts to specify ways of travel for BCH's use so as to permit BCH to enjoy the privileges and fulfill the obligations created by this Effluent Easement Agreement without undue interference. 13. 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 BCH to Heater for the Reuse Effluent that will be sprayed on the Spray Areas. There will not be any payments by Ileater to BCH now or in the future for the operation, maintenance, and repair of the Spray Irrigation Facilities or the use of the spray Areas for spraying Reuse Effluent. 14. Maintenance and Repair of the Spray Irrigation Facilities. BCH shall be responsible for all aspects of the daily maintenance and repair of the Spray Irrigation Facilities, at BCH's sole cost. At such time in the future as it is necessary to replace any portion of the Spray Irrigation Facilities, it shall be BCH's sole responsibility to replace such portion of the Spray Irrigation Facilities at BCH's cost. BCH shall have no responsibilities for the repair, operation or maintenance of the Effluent Storage Pond, which will be the sole responsibility of Heater. 15. Reuse Effluent Quality. Heater will not be responsible for achieving water quality levels in the Reuse Effluent beyond the requirements of the spray irrigation Permits issued by DWQ. 16, Golf Course Plavability. Heater shall not have any responsibility or liability whatsoever for the effect on the Golf Course turf or Golf Course playability resulting from the spraying of the Reuse Effluent. BCH shall spray the Reuse Effluent as necessary onto the Spray Areas to be compliant with the Permit, regardless of the effect on the Golf Course playability. Pa••,• Qocu..ss� e Dign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 BOOK 359 PAGE 501 17. General Provisions. 17.1. Binding upon Successors and Ass4.m,. This Restated Effluent Easement shall be binding upon and shall inure to the benefit of BCH and Heater, and the successors and assigns of each. 17.2. No Third Partv Beneficiary Riuhts. Nothing expressed or referred to in this Restated Effluent Easement will be construed to give any person other than the parties to this Restated Effluent Easement any legal or equitable right, remedy or claim under or with respect to this Restated Effluent Easement or any provision of this Restated Effluent Easement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 17.1 above. 17.3. Independent Contractor. The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Restated Effluent Easement to create an agency, partnership, or joint venture between the parties hereto. 17.4. Counterparts. This Restated Effluent Easement 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 Restated Effluent Easement and all of which, when taken together, will be deemed to constitute one and the same agreement. 17.5. Headings. The headings of particular provisions of this Restated Effluent Easement are inserted for convenience only and shall not be construed as a part of this Restated Effluent Easement or serve as a limitation or expansion on the scope of any term or provision of this Restated Effluent Easement. 17.6. Enforcement of Restated Effluent Easement. Each party acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Restated Effluent Easement are not performed in accordance with their specific terms and that any breach of this Restated Effluent Easement 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 Restated Effluent Easement 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 Restated Effluent Easement, without posting any bond or other undertaking. 17.7. 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 Restated Effluent Easement (or at such other address or facsimile number as such party or permitted assignee shall have furnished to the Pa-- a ..s 4 e Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 9 BOOK 359 PAGE 502 other parties hereto in writing). All such notices and other written communications shall he effective on the date of delivery, mailing, or facsimile transmission. 17.8. Waiver. No waivers of, or exceptions to, any term, condition or provision of this Restated Effluent Easement, 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. 17.9. 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. 17.10. Modifications in Writine. This Restated Effluent Easement 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 Restated Effluent Easement in any other way. 17.11. Consent to Jurisdiction. The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Restated Effluent Easement and any controversies arising out of, relating to, or referring to this Restated Effluent Easement, the formation of this Agreement, and actions undertaken by the parties hereto as a result of this Restated Effluent Easement, 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. 17.12. Governing Law. This Restated Effluent Easement 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. 17.13. Recordation. Upon execution of this Restated Effluent Easement, Heater shall record this Restated Effluent Easement in the Register of Deeds of Polk County, North Carolina at Heater's expense. Pa-- an -6 ie Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 lul BOOK 359 PAGE 503 IN WITNESS WHEREOF, the parties have caused this Restated Effluent Easement to be duly executed in their respective names, all by authority duly given, the day and year first above written. BRIGHTS CREEK HOLDINGS, LLC Chief Executive Officer Address: 2222 Palmer Road Mill Spring, NC 28756 Attn: N. Barton Tuck, Jr. Fax: 828.894.8637 so L'� tv STATE OF NORTH CAROLINA COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that fl c iz 1 aA u � is personally appeared before me this day and acknowledged that he is the C E & of Brights Creek Holdings, LLC, a North Carolina limited liability company, 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 :� to day of tvl 2007. 'My Comtifisbion Expires: Notary Public Pa-- 44 -6 - Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 11 BOOK 359 PAGE 504 HEATER UTILITYES, INC By: Neil R. Phillips, Pry ids^ Address: 202 MacKenan Court Cary, North Carolina 27511 Attn: President Fax: 919,460.1798 STATE OF NORTH CAROLLIINA^ COUNTY OF I, the undersigned Notary Public for the County and State aforesaid, certify that Neil R. Phillips, personally appeared before me this day and acknowledged that he is the President of Heater Utilities, Inc., a South Carolina 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 N — day of \ -&-i— 2007. My Commission Expires: _ Notary Pub N TARY PLUX Pa..,, a" -6 ie Docusign Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 BOOK 359 PAGE 505 EXHIBIT A BEING all of the tract comprising 27.726 acres, more or less, as shown on EXHIBIT A, pages 1 and 2, attached herewith and incorporated herein by reference, together with a non-exclusive easement over the adjoining property labeled 50' Access (Sections "A" and "C") on EXHIBIT A for the purpose of ingress and egress to Deep Gap Farm Road and Regan Jackson Road. NPCHLT1'170485.1-EA-(JDM) 033142-00012 Pa-64 '2;F ae oculgn Envelope ID: DBDCEAE8-EO88-43OB-871 B-60FC8F117273 BOOK 359 PAGE 506 S%HIBIT A_ - Legend e EIP Existing Iron Pin o IPS Iron Pin Set (J5 Rebor) ■ CM Concrete Monument e PT Colculoted Point R/W Right —of —Way N/F Now or Formerly CGF Combined Grid Factor "THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE KITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS" N/F Eugene Linkous Trustee Deed Book 277 Pogo 1290 w�aw Tract I r n-Mt 9�'63'20"E—T403.94 Total) .A-P NF Brights Creek LLC \ t5� 9p 4, a � This map was prepared from an actual field survey performed by LandDesign Surveying, Inc. for the purpose of easement acqulsUvn only, and Is not to be construed to be a ery uF�e props y shown. N.C. Professlo at Sy(veyor L-3135 Notes: 1. Map Reference(s) — Card C File 49 2. Tax Parcel ID - P28-5 3. Current Owner - Bright's Creek LLC 4. All bearings are NC Grid bearings. 5. All distances are shown horizontal. 6. Grid distance - Horizontal distance X Combined Grid Factor (0.999779209) 7. Area — 27.726t Acres B. Areas have been determined by coordinate computation. Revision I; October 27, 2006 Date: October 16, 2006 Project Number: 4196115 J Wastewater Treatment Plant I Area-27.7281 acres Ny Vicinity Map - NTS -O C F I End Stale Maint. / Eugene Linkous Trustee Deed Book 277 Page 1290 Tract II SEAL .7 _ L-3135 OR-�C9 11113 l l l l0,`,` 300 150 0 300 Scale: 1 "-300' Exhibit Map of the Wastewater Treament Plant for Bright's Creek Coopers Gap Township, Polk County, North Carolina Sheet 1 of 2 LandD,esign Phone: (704) 6-244877 Fax:(704)376-2448 (tea �.� T 223 North Graham St. , 74L1 v e� Charlotte, NC 23202 Pa..,, aA ..a ae Docuslgn Envelope ID: DBDCEAE8-E088-430B-871 B-60FC8F117273 EXHIBIT A BOOK 359 PAGE 507 Legend • EIP Existing Iron Pin 9 IP5 Iron Pin 5et (#5 Rebar) ■ CM Concrete Monumenk ° PT Calculated Point R/W Right -of -Way N/F Now or Formerly CCF Combined Crid Factor LINE TABLE LINE LENGTH BEARINGQQ I L2 26.21 53Yv:3,6V L3 32.08 533'27'26W I L4 68.37 50r43'23'E I L5 13.22 533'25'251E� L6 41.81 529'05' 49'E L7 17.63 S68'41'53W L8 41.86, WW28'53'E I;9 4.56 S70'05'19'E LIO 2�.Be 525'07'50'E LII 20,49 N8654' 10 E 1 LIZ r3.25 51121'51'34-W I L13 50.42 $43'06'29-EI L14 8,71 55912WE1 L15 41.78 511'57'29 E U6 16.10, 542'02'OrE L17 23.72 554'04' 18'E LIB 18.93 S35'52'19'E I L19 30,74 SO5'31'36E1 L20 28.66 S23'30'45'EJ L21 19,93 582'37'03-E L22 18.86 S64'35'22 e L23 27.91 569'34.24"C L24 29.00 S48-14-02-E l L25 26.48 526'28'58m L26 60.16 550'19'46'EI L27 28.26 538'42'00'E I L28 19.13 Nj9'06'30ri L29 80A0 ooml*57 I L30 34.44 S68'17'07'W I L31 20a N70'02'34W I L32 28.37 S85'14'27WJ L33 84,01 564'47'42'W I L34 52.57 S51'37'ITW 1 L35 62.76 566'46'58'WI L36 10.29 N50'19'56W L37 56.76 56W21'30'WI L38 26.24 $26'OO'26'EI L39 6.17 557'52' 37 W I L40 33.26 N2625'55'W L41 45.11 S37'35'IrW L42 49,34 529'46'2rW L43 0.92 N17T.7'54 L44 27.44 N36 24' 6 L45 57.51 S70'42'4rW L46 3260 S54'21'39W L47 18.58 S3W5O'O6'W L48 44.81 N53-29-54W L49 40.07 S6515'008�8--�Wff _ L50 32.41 5N66 L51 27.56 22'35 W L52 42.02 S45'19'17"W L53 38.80 S8�qS733757' 44g55'yyWyy L55 39.73 663'39' d3SN 1 L56 21.46 N14'49-WI 2 � L58 117.19 N -2,0ffW 1 L59 32.6 N09-36'n 1 L60 33.34 NZr04'S1 L61 29.02 1 L62 3R08 j•(8•�21'S1'Vd F9 L63 L64 . 24 Z4.86 86 �{ 1 1 L65. 34.96 ! epj(�^/ L67 35.45 T2l'(3'4 NV� L68 16.16 543-16.22-W L69 19.99 S4r29'3rW I L70 15.44 57711'06'W I L71 22.93 550'50'47W L72 23.33 5er05'I5'W L73 18.24 S59'13'48'W� L74 23.48 58r08'48-W 300 150 0 300 Date: October 16, 2006 Project Number: 4106115 Scale: 1"-300' Vicinity Map - NTS LINE TABLE LINE LENGTH BEARING L75 10.88 S56792'29'W I L76 116,29 559'26'44'W L77 21.50 S65'511551W L78 23AZ 579'27'27 W L79 13.05 N29'49'00'W LBO 13.98 N32'54'40'W L81 24.55 N61'51'46-W L82 24.12 N21'12'4rW L53 21.06 N88'28'29W L84 34.94 N70'44'40'W LBO 41.39 N39'12'Q0'W L06 30.57 N87"25'36 W L87 62.95 14=24'46W L88 79.80 N3TI2'47'W L09 3390 N44'51'28-W L90 46.04 N66'3O'58 W I L91 28.50 N21`45'45-W 1 L92 24.62 N33-29-35-W I L93 28.09 14I0'42'00-E L94 38.81 N34'Q6-OP-E L95 40.09 N4 '2Z' 6E L96 47.97 N46'37'022I L97 27.00 N20124' 43 E L98 27.53 N431313W L99 18,37 N12'11'30'E 1-100 23.10 N26'11'03-W I LIOI 19.09 N3r42'20'E L102 40.74 N29'16'OrE UO3 29.74 NII'48'29E 1- 04 21.28 N33'07' 11'e L105 65.20 N32'34'05'E L106 48.91 NOI13'07W 1-107 49.44 N04'35'21-W L105 2ZZ4 N34'33'34E 1-109 37.45 143715'01-W LIIO 26.50 WT25'46W LIII 43,04 NOW46'59E L112 65.25 Np9'29'39W L113 120.94 N44'58'OTW Lao 11.87 NII'03'32'W L115 54.6E N56'59'18'W L116 20.62 N83'42'55W 1-117 45.20 NOO'OO'00'E Exhibit Map of the Wastewater Treament Plant for Bright's Creek Coopers Gap Township, Polk County, North Carolina Sheet 2 of 2 LandD_ ! _ _ Plrone: (704) 6-244877 �"S�7J-�_ F...( Q4) 376-2448 223 North Graham St, Surveying Charlotte, NC 28202 m O LO LLJ /, \ CY) Ill t*7 M- Legend r— ., O Easement Areas (Wetted Perimeter) + .. LL 00 All LL 0 `? 7 W Notes: m 00 1 Sprinkle Heads drawn with a 91' radius. V 2. Locations based on mapping grade GPS receiver ap processed with Geopathfinder Office software for 00 a sub meter accuracy. 0 3 Total Wetted Perimeter Area = 132.94 t Acres LLJ Zone 1 — 33.66 Acres 00 LLJ Zone 2 — 25.05 Acres --" Zone 3 — 30.12 Acres - ___ ___ LaL.I Zone 4 — 16.61 Acres (� Zone 5 — 15. 50 Acres Q Zone 6 — 12.00 Acres m Uat:. Apnl 20U6 O P,oicct Numb, 4IDb115 Q O N C W a is 'tn f u3 r O O i R a EXHIBIT B 01EINVARM4 1 400 1 '1 Scale: P-800' 0 Exhibit B Wetted Perimeter for Bright's Creek Coopers Gap Township, Polk County, North Carolina Phone:(704)376-7777 Lm(MeSlip Fus 17041376.2448 S� I.r e,,� r — North Graham St i.ii Y v'7 Charlotw, NC 28202 DocuSign Certificate Of Completion Envelope Id: DBDCEAE8E088430B871 B60FC8F117273 Status: Completed Subject: Brights Creek (WQ0024694) Renewal _2024.06.27.pdf Source Envelope: Document Pages: 24 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Brent Milliron AutoNav: Enabled BMilliron@aquaamerica.com Envelopeld Stamping: Enabled IP Address: 144.202.188.252 Time Zone: (UTC-05:00) Eastern Time (US & Canada) Record Tracking Status: Original Holder: Brent Milliron Location: DocuSign 7/26/2024 7:30:17 AM BMilliron@aquaamerica.com Signer Events Signature Timestamp Brent Milliron D —Signed by: Sent: 7/26/2024 7:30:19 AM BMilliron@aquaamerica.com I Viewed: 7/26/2024 7:30:32 AM Environmental Compliance Director 174287OBBO6B4EF Signed: 7/26/2024 7:31:15 AM Security Level: Email, Account Authentication Freeform Signing (None) Signature Adoption: Uploaded Signature Image Using IPAddress: 144.202.188.252 Electronic Record and Signature Disclosure: Not Offered via DocuSign 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 7/26/2024 7:30:19 AM Certified Delivered Security Checked 7/26/2024 7:30:32 AM Signing Complete Security Checked 7/26/2024 7:31:15 AM Completed Security Checked 7/26/2024 7:31:15 AM Payment Events Status Timestamps