WQ0000193_Final Permit_20170808

Water Resources
ENVIRONMENTAL QUALITY
August 8, 2017
CHRIS MCCALL - MANAGER
VILLAGE OF BALD HEAD ISLAND
POST OFFICE Box 3009
BALD HEAD ISLAND, NORTH CAROLINA 28461
Dear Mr. McCall:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: Permit No. WQ0000193
Bald Head Island W WTP
Reclaimed Water Generation,
Conjunctive Reclaimed Water
Utilization, High -Rate
Infiltration and Non -
Conjunctive Reclaimed Water
Utilization System
Brunswick County
In accordance with your permit major modification request received March 8, 2016, and subsequent
additional information received July 5, 2016, November 7, 2016, March 2, 2017, June 27, 2017, and July
20, 2017, we are forwarding herewith Permit No. W00000193 dated August 8, 2017, to the Village of Bald
Head Island for the continued operation of the existing reclaimed water generation, conjunctive reclaimed
water utilization, non -conjunctive reclaimed water utilization, and high -rate infiltration facilities, as well as
the construction and operation of the conjunctive reclaimed water utilization system recently permitted
herein.
The modifications to the subject permit are as follows: The addition of 3.43 acres of conjunctive
reclaimed water utilization area (i.e., Site C-2).
This permit shall be effective from the date of issuance until November 30, 2020, shall void Permit
No. WQ0000193 issued December 3, 2015, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A,
B and C for they may differ from the previous permit issuance. Failure to establish an adequate system for
collecting and maintaining the required operational information shall result in future compliance problems.
Please note the following permit condition is new since the last permit issuance dated
December 3, 2015:
➢ Condition I.1. — This condition requires that the Operating Agreement between the Village of
Bald Head Island, the Bald Head Island Club, and the Bald Head Island Villas Association be
executed within 60 days of the effective date of this permit.
<-> Nothing Compares`:--,-,.
State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6332

Mr. Chris McCall
August 8, 2017
Page 2 of 2
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
One set of approved specifications is being forwarded to you. If you need additional information
concerning this permit, please contact Nathaniel Thornburg at [phone] or
nathaniel.thornbura@ncdenr. gov.
Sin rely,
/d� immem, P.G., Director
1 Division of Water Resources
cc: Brunswick County Health Department (Electronic Copy)
Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Anthony W. Boahn, PE — McKim & Creed (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
RECLAIMED WATER GENERATION, CONJUNCTIVE RECLAIMED WATER
UTILIZATION, HIGH -RATE INFILTRATION & NON -CONJUNCTIVE RECLAIMED WATER
UTILIZATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Village of Bald Head Island
Brunswick County
FOR THE
operation of a 300,000 gallon per day (GPD) reclaimed water generation, conjunctive reclaimed water
utilization, high -rate infiltration and non -conjunctive reclaimed water utilization facility consisting of the:
construction and operation of a 3.43 acre conjunctive utilization area (i.e, Site C-2); and all associated
piping, valves, controls, and appurtenances; the
continued operation of the reclaimed water generation system consisting of: a 223,000 gallon aerated flow
equalization basin served by a 449 cubic feet per minute (CFM) blower; a screw type mechanical bar screen
with bag compactor; three 155,000 gallon SBRs served by 382 CFM blowers, three dissolved oxygen (DO)
sensors, and three pH sensors; a flow meter; a 28,000 gallon post equalization/aeration basin with three
submersible pumps each rated at 139 GPM and one floating aerator; four 40 horsepower (hp), and one 30
hp blower; two Aqua Disk filters each with a surface area of 215.2 square feet (ftz) and a hydraulic loading
rate up to 3 gallons per minute per square foot (GPM/ft'); a backwash pump station with two submersible
pumps each rated at 50 GPM; an alkalinity feed system with an 18 GPM air -operated double diaphragm
polypropylene pump to transfer chemical from the totes to a 500 gallon magnesium hydroxide storage tank
served by two 0.4 GPM chemical metering pumps and a 2 horsepower (hp) mixer; an alum feed system
with an 18 GPM air -operated double diaphragm polypropylene pump to transfer chemical from the totes to
a 500 gallon liquid alum storage tank served by two 0.4 GPM chemical metering pumps; two duplex pumps
for carbon feed source; 35 linear feet of 10 -inch diameter ductile iron plant effluent recycle force main; a
336,000 gallon aerobic digester with three compartments each with a floating aerator; an ultraviolet (UV)
light disinfection system with a redundant back-up system; a secondary tablet chlorine disinfection unit; an
effluent pump station with two submersible pumps each rated at 556 GPM; an 8 -inch magnetic flow meter;
and all associated piping, valves, controls, and appurtenances; the
continued operation of a 400,000 GPD conjunctive reclaimed water utilization system consisting of: a 52.2
acre conjunctive utilization area; and all associated piping, valves, controls, and appurtenances; the
continued operation of a 250,000 GPD non -conjunctive reclaimed water utilization system consisting of: a
46.3 acre non -conjunctive utilization area; and all associated piping, valves, controls, and appurtenances;
the
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continued operation of a reclaimed water distribution line consisting of: approximately 1,200 linear feet
(LF) of 10 -inch force main; and all associated piping, valves, controls, and appurtenances; the
continued operation of the following reclaimed water storage structures: Pond 6; Conservation Pond;
Irrigation Pond; Pond 7; and all associated piping, valves, controls, and appurtenances; the
continued operation of the Timber Creek lift station consisting of an influent pump station with two
submersible pumps each rated at 700 gallons per minute (GPM); and all associated piping, valves, controls,
and appurtenances; and the
continued operation of the high -rate infiltration facilities consisting of Pond 4 with an area of 0.32 acres
and a loading rate of 5.43 GPD/ft2; Pond 5 with an area of 1.38 acres and a loading rate of 5.43 GPD/ft;
and all associated piping, valves, controls, and appurtenances
to serve the Bald Head Island WWTP, with no discharge of wastes to surface waters, pursuant to the
applications received March 8, 2016, and subsequent additional information received by the Division of
Water Resources, and in conformity with the project plans, specifications, and other supporting data
subsequently filed and approved by the Department of Environmental Quality and considered a part of this
permit.
This permit shall be effective from the date of issuance until November 30, 2020, shall void Permit No.
WQ0000193 issued December 3, 2015, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
1. Within 60 days of the effective date of this permit, the Permittee shall submit a properly notarized and
executed Operating Agreement that has been signed by the appropriate representatives of The Village
of Bald Head Island, the Bald Head Island Club, and the Bald Head Island Villas Association. The
completed agreement shall be submitted to the Division of Water Resources, Water Quality Permitting
Section, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC 02T .0108(b)(2)]
2. Upon completion of construction and prior to operation of the permitted facility modifications, a
certification (attached) shall be submitted from a licensed North Carolina Professional Engineer
certifying that the permitted facility has been installed in accordance with this permit, Division
approved plans and specifications, and other supporting documentation, including the location of all
monitoring wells as applicable. If this project is to be completed in phases and partially certified the
Permittee shall retain the responsibility to track further construction approved under the same permit,
and shall provide a final certificate of completion once the entire project has been completed. Mail the
Certification to the Division of Water Resources, Water Quality Permitting Section, 1617 Mail Service
Center, Raleigh, NC 27699-1617. [15A NCAC 02T.01 16(a)]
3. The Wilmington Regional Office, telephone number [phone], shall be notified at least 48 hours
in advance (excluding weekends and holidays) of operation of the installed facilities such that an in-
place inspection can be made. Notification to the regional supervisor shall be made from 8:00 a.m.
until 5:00 p.m. on Monday through Friday, excluding State Holidays. [15A NCAC 02T .0108(b)(2)]
4. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application.
[15A NCAC 02T .0105(d), 02T.0106, 02T .0109, 02T .0115(c), 02U .0106, 02U .0109]
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H. PERFORMANCE STANDARDS
1. The subject non -discharge facilities shall be effectively maintained and operated at all times so there is
no discharge to surface waters, nor any contravention of groundwater or surface water standards. In
the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due
to improper operation and maintenance, failure of the utilization areas to adequately assimilate the
reclaimed water, or failure of the infiltration areas to adequately assimilate the effluent, the Permittee
shall take immediate corrective actions including Division required actions, such as the construction of
additional or replacement reclaimed water generation, utilization or infiltration facilities. [G.S. 143-
215.1, 143-213.3(a)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100]
3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with
15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other
jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T
.0108(b)(1), 02U .0300]
5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0705(m), 02U .0401(g), 02U .0402(m)]
6. The following shall be requirements for the reclaimed water distribution, storage, and utilization
facilities:
a. All reclaimed water valves, storage facilities and outlets shall be tagged or labeled to warn the
public or employees that reclaimed water is not intended for drinking. Where appropriate, such
warning shall inform the public or employees to avoid contact with reclaimed water.
b. All reclaimed water piping, valves, outlets and other appurtenances shall be color -coded, taped or
otherwise marked to identify the source of the water as being reclaimed water.
i. All reclaimed water piping and appurtenances shall be either colored purple (i.e., Panton 522)
and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER — DO
NOT DRINK" or be installed with a purple (i.e., Panton 522) identification tape or
polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and
repeated every three feet or less.
ii. Identification tape shall be at least three inches wide and have white or black lettering on purple
(i.e., Panton 522) field stating "CAUTION: RECLAIMED WATER — DO NOT DRINK."
Identification tape shall be installed on reclaimed water pipelines in a visible manner, fastened
at least every 10 feet to each pipe length and run continuously the entire length of the pipe.
iii. Existing underground distribution systems retrofitted for the purpose of distributing reclaimed
water shall be taped or otherwise identified as noted above. This identification need not extend
the entire length of the distribution system, but shall be incorporated within 10 feet of crossing
any potable water supply line or sanitary sewer line.
c. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits
operation by authorized personnel only.
d. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -
potable quality. As an alternative to the use of locked vaults with standard hose bib services, other
locking mechanisms such as hose bibs which can only be operated by a tool may be placed above
ground and labeled as non -potable water.
[15A NCAC 02U.04031
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7. No direct cross -connections shall be allowed between reclaimed water and potable water systems,
unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A
NCAC 02U .0403(f)]
8. Reclaimed water distribution lines shall be located at least 10 feet horizontally from and 18 inches
below any water line where practicable. Where these separation distances cannot be met, the piping
and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.
[15A NCAC 02U .0403(h)]
9. Reclaimed water distribution lines shall not be less than 100 feet from a well unless the piping and
integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no
case shall they be less than 25 feet from a private well or 50 feet from a public well. [15A NCAC 02U
.0403(i)]
10. Reclaimed water distribution lines shall be located at least two feet horizontally from and 18 inches
above any sewer line where practicable. Where these separation distances cannot be met, the piping
and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.
[15A NCAC 02U.04030)]
11. This disposal system was individually permitted on or after December 30, 1983; therefore, the
compliance boundary for the high -rate infiltration basins is established at either 250 feet from the
effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent
disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is
subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions
in accordance with North Carolina General Statute 143-215.6A through 143-215.60. [15A NCAC 02L
.0106(d)(2), 02L .0107(b)]
12. In accordance with 15A NCAC 02L .0108, the review boundary for the high -rate infiltration basins is
established midway between the compliance boundary and the effluent disposal area. Any exceedance
of groundwater standards at the review boundary shall require action in accordance with 15A NCAC
02L.0106. [15A NCAC 02L .0106, 02L .01081
13. The compliance and review boundaries for the conjunctive and non -conjunctive utilization areas are
established at the utilization area boundaries. Any exceedance of standards at the compliance or review
boundary shall require action in accordance with 15A NCAC 02L.0106. [ 15A NCAC 02U .0501(a)(6)]
14. The compliance and review boundaries for the unlined reclaimed water storage ponds (Ponds 6, 7,
Conservancy and Irrigation) are established at the two foot freeboard elevation of each basin. Any
exceedance of standards at the compliance or review boundary shall require action in accordance with
15A NCAC 02L .0106. [15A NCAC 02U .0501(a)(6)]
15. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)]
16. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells,
shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L
.0107(g). [15A NCAC 02L .0107]
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17. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the
Brunswick County Register of Deeds an easement running with the land containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Pernittee or the State to enter the property within the compliance boundary
for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[15A NCAC 02L .0107(f)]
18. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for high -rate infiltration sites permitted under 15A NCAC 02H .0200 shall be as
follows (all distances in feet):
i. Any private or public water supply source:
100
ii. Surface waters:
200
iii. Groundwater lowering ditches:
200
iv. Surface water diversions:
200
v. Any well with exception of monitoring wells:
100
vi. Any property line:
50
vii. Top of slope of embankments or cuts of two feet or more in vertical height:
100
viii. Any water line from a disposal system:
10
ix. Subsurface groundwater lowering drainage systems:
200
x. Any swimming pool:
100
xi. Public right of way:
50
xii. Nitrification field:
20
xiii. Any building foundation or basement:
15
[15A NCAC 02H.02190)]
b. The setbacks for reclaimed utilization sites permitted under 15A NCAC 02U .0701 shall be as
follows (all distances in feet):
i. Surface waters not classified SA:
ii. Surface waters classified SA:
iii. Any well with exception to monitoring wells:
0'
100
100
Section 22.(c)(1) of Session Law 2013-413 exempts setback from surface waters not classified
as SA provided that the reclaimed water to be utilized contains no more than 10 mg/L of Total
Nitrogen and no more than 2 mg/L of Total Phosphorus. The elimination of setbacks to surface
waters does not exempt any discharge of reclaimed water to waters of the State from meeting
permit requirements established in 15A NCAC 02U.0101 (Purpose).
[15A NCAC 02U .0701(c)]
c. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as
follows (all distances in feet):
i. Any well with exception of monitoring wells:
ii. Any property line:
[15A NCAC 02H.02190))
100
50
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d. The setbacks for storage and treatment units (i.e., the alkalinity and alum feed systems permitted
November 27, 2012, as well as the reclaimed water generation system modifications permitted
December 12, 2015) permitted under 15A NCAC 02T .0700 shall be as follows (all distances in
feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
ii. Any private or public water supply source: 100
iii. Surface waters: 50
iv. Any well with exception of monitoring wells: 100
v. Any property line: 50
[15A NCAC 02T .0706(d)]
e. The setbacks for reclaimed water storage units (i.e., Ponds 6, 7, Conservancy and Irrigation)
permitted under 15A NCAC 02U .0701 shall be as follows (all distances in feet):
i. Any private or public water supply source: 100
ii. Surface waters: 50
iii. Any well with exception of monitoring wells: 100 1.2
iv. Any property line: 0 1, 3
Section 22.(c)(3) of Session Law 2013-413 allows setbacks between reclaimed water storage
ponds and property lines or wells under separate ownership be waived by the adjoining property
owner. A copy of the signed waiver shall be provided to the Department.
z Section 22.(c)(4) of Session Law 2013413 allows setbacks between reclaimed water storage
ponds and wells under the same ownership as the reclaimed water storage pond may be waived
by the property owner.
Section 22.(c)(2) of Session Law 2013-413 exempts final reclaimed water effluent storage
facilities constructed prior to June 18, 2011 from having a setback to property lines.
[15A NCAC 02U .0701(b)]
OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater or
reclaimed water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)]
2. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include
the following:
a. Description of the system in sufficient detail to show what operations are necessary for the system
to function and by whom the functions will be conducted;
b. A map of all distribution lines and record drawings of all utilization systems under the Permittee's
control;
c. Description of anticipated maintenance activities;
d. Include provisions for safety measures including restriction of access to sites and equipment; and
e. Spill control provisions including response to upsets and bypasses including control, containment,
remediation, and contact information for plant personnel, emergency responders and regulatory
agencies.
[15A NCAC 02U.08011
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Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more
certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules. [15A NCAC 02T .0117]
4. An operator certified by the Water Pollution Control System Operators Certification Commission
(WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours
per day. [15A NCAC 02U .0401(e), 02U .0402(1)]
5. A suitable year round vegetative cover shall be maintained on irrigation sites at all times, such that crop
health is optimized, allows for even distribution of reclaimed water, and allows inspection of the
irrigation system. [15A NCAC 02T .0108(b)(1)]
6. Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the irrigation
sites. [15ANCAC 02T .0108(b)(1)]
7. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff. [15A NCAC 02T .0108(6)(1)]
8. All reclaimed water irrigation equipment shall be tested and calibrated at least once per permit cycle.
Calibration records shall be maintained at the facility for a period of no less than five years, and shall
be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)]
9. The turbidimeter shall be tested and calibrated at a minimum of once per year. Calibration records
shall be maintained at the facility for a period of no less than five years, and shall be made available to
the Division upon request. [15A NCAC 02T .0108(b)(1)]
10. Only effluent/reclaimed water from the Bald Head Island WWTP shall be infiltrated/utilized on the
sites listed in Attachment B. [G.S. 143-215.1]
11. An automatically activated standby power source capable of powering all essential treatment units shall
be on site and operational at all times. If a generator is employed as an alternate power supply, it shall
be tested weekly by interrupting the primary power source. [15A NCAC 02U .0402(h)]
12. No automobiles or machinery shall be allowed on the infiltration sites except during equipment
installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)]
13. Public access to the infiltration sites and reclaimed water generation facilities shall be prohibited. [15A
NCAC 02T .0705(p), 02U .0402(1)]
14. Public access to reclaimed water utilization sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each site. [15A
NCAC 02U.0501]
15. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T.0708. [ 15A NCAC 02T .0708, 02T .1100, 02U .0802]
16. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited. [15A NCAC 02T .0705(i)]
17. Freeboard in high -rate infiltration Ponds 4 and 5, and reclaimed water storage Ponds 6, 7, Conservancy
and Irrigation shall not be less than two feet at anytime. [15A NCAC 02T .0108(b)(1), 02T .0705(c)]
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18. Gauges to monitor water levels in high -rate infiltration Ponds 4 and 5, and reclaimed water storage
Ponds 6, 7, Conservancy and Irrigation shall be provided (reclaimed water ponds 6 and 7 are
interconnected and have the same water lever, therefore, only one gauge is required for water level
monitoring for these two ponds). These gauges shall have readily visible permanent markings, at inch
or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of
the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid
storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0108(b)(1)]
19. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e.,
outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T
.0108(b)(1)]
20. All effluent shall be routed to the high -rate infiltration basins should the limit for fecal coliform (e.g.,
daily maximum concentration of 25 colonies per 100 mL) or turbidity (e.g., instantaneous maximum
of 10 NTU) be exceeded, until the problems associated with the wastewater treatment plant have been
corrected. [15A NCAC 02U .0402(e)]
21. The infiltration basins shall be periodically cleaned to remove deposited materials that may impede the
infiltration process. Cleaning records shall be maintained at the facility for a period of no less than five
years, and shall be made available to the Division upon request. The Wilmington Regional Office,
telephone number [phone], shall be notified prior to each cleaning. [15A NCAC 02T
.0108(b)(1)]
22. The Permittee shall develop and implement an education program to inform users (including
employees) about the proper use of reclaimed water. Educational material shall be provided to all
residents and/or other facilities provided with reclaimed water, and these materials shall be maintained
consistent with the reclaimed water uses. All educational materials shall be made available to the
Division upon request. [ 15A NCAC 02U .0501(a)(4)]
23. The Permittee shall provide notification to the public and/or employees about the use of reclaimed
water, and that reclaimed water is not intended for drinking. Such notification shall be provided to
employees in a language they can understand. [15A NCAC 02U .0501]
24. The Permittee shall provide for the Timber Creek pump station and force main the following items:
a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump
station;
b. An air relief valve located at all high points along the force main;
c. A screened vent for the wet well;
d. Fillets located in the wet well at the intersection of the flooring and sidewalls;
e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet
cannot be maintained;
f. Sufficient devices which will protect the pump station from vandals; and
g. Flood protection if the pump station is located below the 100 -year flood elevation.
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IV. MONITORING AND REPORTING REQUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses)
necessary to ensure groundwater and surface water protection shall be established, and an acceptable
sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)]
2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent,
groundwater or surface water parameters. [15A NCAC 02H .0800]
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy
and reliability of flow measurement consistent with accepted engineering and scientific practices.
Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of
less than ten percent from true flow; accurately calibrated at a minimum of once per year; and
maintained to ensure the accuracy of measurements is consistent with the selected device's accepted
capability. The Permittee shall maintain records of flow measurement device calibration on file for a
period of at least five years. At a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow.
[15A NCAC 02T.0 I 05(k)]
4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for
the parameters specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain adequate records tracking the amount of conjunctive reclaimed water
distributed to each user and shall include the following information:
a. Date of reclaimed water distributed; and
b. Volume of reclaimed water distributed to each approved offsite user facility (monthly total).
Monthly tracking records for all users shall be summed and reported on Form NDMR (see Attachment
A) under parameter WQOI (Flow, Reclaimed Water Distributed). This value shall represent the total
volume of reclaimed water distributed to all users for that month. [15A NCAC 02T .0108(c)]
6. The Permittee shall maintain adequate records tracking the amount of non -conjunctive reclaimed water
utilized. Records shall be maintained for a minimum of five years. At a minimum, these records shall
include the following information for each utilization site listed in Attachment B:
a. Date of reclaimed water utilization;
b. Volume of reclaimed water irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f Weather conditions; and
g. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
WQ0000193 Version 3.1 Shell Version 151201 Page 9 of 14

The Permittee shall maintain adequate records tracking the amount of effluent infiltrated. At a
minimum, these records shall include the following information for each infiltration site listed in
Attachment B:
a. Date of infiltration;
b. Volume of effluent infiltrated;
c. Site infiltrated;
d. Loading rates to each infiltration site listed in Attachment B; and
e. Weather conditions.
[I 5A NCAC 02T.0 108(c)]
8. Freeboard (i.e., waste level to the lowest embankment elevation) in high -rate infiltration Ponds 4 and
5, and reclaimed water storage Ponds 6, 7, Conservancy and hrigation shall be measured to the nearest
inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the
facility for a period of no less than five years, and shall be made available to the Division upon request.
[15A NCAC 02T .0108(c)]
9. Three copies of all monitoring data (as specified in Conditions N.3., IV A. and IV. 5.) on Form NDMR
for each PPI, three copies of all operation and utilization records (as specified in Condition N.6.) on
Form NDAR-1 for every utilization site in Attachment B, and three copies of all operation and disposal
records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-2 for every infiltration site in
Attachment B shall be submitted on or before the last day of the following month. If no activities
occurred during the monitoring month, monitoring reports are still required documenting the absence
of the activity. All information shall be submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[ 15A NCAC 02T .0105(1)]
10. Pursuant to § 143-215.1C., the Permittee shall provide to its users and the Division of Water Resources
an annual report summarizing the performance of the wastewater treatment and infiltration facility and
the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules
related to the protection of water quality. This report shall be prepared on either a calendar or fiscal
year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two
copies of the annual report provided to the Permittee's users shall be submitted to:
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[G.S. 143-215.1C]
11. A record shall be maintained of all residuals removed from this facility. This record shall be maintained
at the facility for a period of no less than five years, and shall be made available to the Division upon
request. At a minimum, this record shall include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02T .0108(b)(1)]
W00000193 Version 3.1 Shell Version 151201 Page 10 of 14

12. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a
period of no less than five years, and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Date and results of power interruption testing on alternate power supply;
b. Date of calibration of flow measurement device;
c. Date of calibration of turbidimeter;
d. Visual observations of the plant and plant site; and
e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
f Record of all unpermitted releases of reclaimed water to surface water or land surface including
date of occurrence, estimated volume of release, cause, and corrective action taken.
[15A NCAC 02T .0108(bxl)]
13. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment
C. All mappine, well construction forms, well abandonment forms and monitoring data shall refer to
the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC
02T .0105(m)]
14. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW -59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW -59)
shall include this permit number, the appropriate well identification number, and one GW -59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T.0 I 05(m)]
15. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
796-7215, as soon as possible, but in no case more than 24 hours, or on the next working day following
the occurrence or first knowledge of the occurrence of any of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
c. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted
release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted
releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance
with Condition IV. 121 but do not require Regional Office notification.
d. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Effluent breakout or overflow from the infiltration basins.
I. Overflow of the reclaimed water storage ponds.
WQ0000193 Version 3.1 Shell Version 151201 Page 11 of 14

V.
V1.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. Persons
reporting such occurrences by telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to
betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)]
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
reclaimed water generation, infiltration and utilization facilities. [15A NCAC 02T .0108(b)]
2. The Permittee or their designee shall inspect the reclaimed water generation, infiltration and utilization
facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges,
which may cause the release of wastes to the environment, a threat to human health or a public nuisance.
The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee
shall maintain this inspection log for a period of five years from the date of the inspection, and this log
shall be made available to the Division upon request. [15A NCAC 02T .0108(b)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the reclaimed water generation, infiltration and
utilization facilities permitted herein at any reasonable time for the purpose of determining compliance
with this permit; may inspect or copy any records required to be maintained under the terms and
conditions of this permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-
21.5.3(a)(2)]
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to
143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the
conditions of this permit, the Division approved plans and specifications, and other supporting
documentation. [15A NCAC 02T .0110]
3. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n).
[G.S. 143-21.5.11
4. Pursuant to an approved flow reduction request, the Division accepts the data -based design flow rate
of 237 gallons per day per residential unit (GPD/RU) for the users served by this facility. Regardless
of the adjusted daily wastewater design flow rate, at no time shall wastewater flows exceed the limits
defined in this permit for the subject facility, or exceed the sewer capacity downstream of any new
sewer extension or service connection(s).
The Permittee shall report the actual (i.e., measured) monthly average amount of wastewater flow
contributed per unit (GPD/RU) for the 12 months prior to permit renewal. If any of these actual monthly
averages are within 20% of the approved value, the Permittee shall re-evaluate the approved value using
the methodology applied to determine the approved flow rate of 237 GPD/RU, and submit this
information within 18 months of renewal. The Division may change the daily wastewater design flow
rate for connections to the system at that time, and upon each renewal cycle, pending an evaluation of
the submitted flow information. [ 15A NCAC 02T .0114(f)]
W00000193 Version 3.1 Shell Version 151201 Page 12 of 14

The Permittee shall retain the Division's written approval of any authorized adjusted daily design flow
rate for the life of the facility, and shall transfer said written approval to any future Permittee. [15A
NCAC 02T .0114(f)]
6. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and under General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC
02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of
the General Statutes. [15A NCAC 02T .0105(c)(6)]
7. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC
02T.01041
8. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities
permitted herein. [15ANCAC 02T .0108(b)(1)]
9. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T
.01050)]
10. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [15A NCAC 02T
.0110]
11. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A
NCAC 02T.0120]
12. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay
the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T
.0105(e)(3)]
Permit issued this the 81 day of August 2017
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Jay Zimmerman, P.G., Director
0( Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WO0000193
WO0000193 Version 3.1 Shell Version 151201 Page 13 of 14

Permit No. W00000193 Reclaimed Water Generation, Conjunctive Utilization,
High -Rate Infiltration & Non -Conjunctive Utilization System
Village of Bald Head Island August 8, 2017
Bald Head Island W WTP Brunswick County
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
In accordance with 15A NCAC 02T.01 16, I, , as
a duly registered Professional Engineer in the State of North Carolina, having the Permittee's authorization
to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility, hereby state to the
best of my abilities that due care and diligence was used in the observation of the construction, such that
the facility was built within substantial compliance and intent of this permit, the Division -approved plans
and specifications, and other supporting documentation.
❑ Any variation to this permit, the Division -approved plans and specifications, and other supporting
documentation has been documented in the attached as -built drawings, and shall serve as the
Permittee's minor modification request to amend the permit accordingly.
Provide a brief narrative description of any variations:
I
Professional Engineer's Name
i
Engineering Firm
i
Mailing Address
i
City State Zip
i
I '
Telephone E-mail NC PE Seal, Si ature & Date
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service:
1617 MAIL SERVICE CENTER
By Courier/Special Delivery:
512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
W00000193 Version 3.1 Shell Version 151201 Page 14 of 14

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3

DRAFT — July 20, 2017
RECEIVED/NCDEQ/DWR
JUL 2.0 2011
Ncn-0lechwge
Permtlting Un"
OPERATING AGREEMENT
BETWEEN
THE VILLAGE OF BALD HEAD ISLAND,
BALD HEAD ISLAND CLUB, AND
BALD HEAD ISLAND VILLAS ASSOCIATION

DRAFT— July 20, 2017
OPERATING AGREEMENT
THIS OPERATING AGREEMENT ("Agreement") made and entered into this the
day of , 2017, ("Effective Date") by and between the Village of Bald
Head Island ("Village"), the Bald Head Island Club, a North Carolina non-profit corporation
("Club"), and the Bald Head Island Villas Association, a North Carolina non-profit corporation
("Villas") (together, the "Parties" or individually, a "Party").
WITNESSETH:
WHEREAS, the Village is the owner and operator of the wastewater treatment plant
("WWTP") serving Bald Head Island;
WHEREAS, the Village and the Club entered into an Effluent Easement and Irrigation
and Infiltration Agreement dated December 2015 (the "Easement and Irrigation Agreement");
WHEREAS, pursuant to the Easement and Irrigation Agreement, the Village utilizes
certain effluent ponds on the Club property to receive effluent meeting State reuse standards
("WWTP Effluent") for storage, infiltration to the subsurface and irrigation onto Club properties,
including for the purpose of irrigation of the golf course;
WHEREAS, the Villas desires to receive WWTP Effluent for irrigation of the Villas
common areas from Club Lagoons 1, C and 7 ("Irrigation Lagoons") as shown on Exhibit 1
attached hereto;
WHEREAS, irrigation use of WWTP Effluent from the Irrigation Lagoons will require
the Village to modify its non -discharge Permit No. WQ-000193 (the "Permit") from the Division
of Water Resources ("DWR') of the North Carolina Department of Environmental Quality
("DEQ") for the operation of the Village's wastewater and utility system and effluent
management system; and

DRAFT— July 20, 2017
WHEREAS, the irrigation of the Villas common areas generally shown on Exhibit 2
hereto ("Spray Areas") requires agreement among the Parties hereto with respect to the Permit
amendment and on an operating agreement among the Parties for performance of the irrigation.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
set forth below and other good and valuable considerations, the sufficiency of which is hereby
acknowledged, it is agreed as follows:
1. PERMIT AMENDMENT. The Villas has and shall continue to engage McKim
& Creed engineering firm for the purposes of performing, or subcontracting the performance of,
those studies, reports and other documents and actions necessary for amendment of the Permit to
allow irrigation of the Villas common areas with reuse effluent. Any such amendment or future
amendment to the Village Permit in this regard shall be at the Village's and Club's sole
discretion and approval. The Villas shall reimburse the Village and the Club for all costs, fees
and expenses incurred by the Village and the Club, and their respective agents, consultants and
attorneys, in connection with the evaluation, negotiation, approval, preparation, execution,
application and prosecution of and for the Permit amendment or any future Permit amendment
relating to irrigation of the Villas common areas with reuse effluent and this Agreement.
Reimbursement shall be made by the Villas within ten (10) days from receipt of an invoice
setting forth the costs, fees and expenses incurred and whether or not a Permit amendment is
ultimately agreed upon by the Parties or issued by DWR.
2. DELIVERY OF IRRIGATION WATER. Upon execution and delivery of this
Agreement by the Parties and the obtaining of all necessary governmental permits and approvals,
and subject to the terms hereof, the Club and Village, in their discretion, may cause WWTP
2

DRAFT—July 20, 2017
Effluent to be delivered to the Spray Areas exclusively for irrigation purposes and without
charge to the Villas.
3. COSTS AND EQUIPMENT. The cost of all piping, spray heads and related
equipment and infrastructure at and on the Villas property ("Villas Infrastructure"), and proper
maintenance and upkeep of same, shall be the responsibility of the Villas.
4. OPERATING PROTOCOLS. The delivery and use of the WWTP Effluent at
the Spray Areas shall be in accordance with operating protocols to be mutually agreed upon by
the Parties prior to delivery of any WWTP Effluent to the Spray Areas. The operating protocols
may be amended from time to time as agreed by the Parties.
5. LAND ACCESS. Villas, upon reasonable request, shall grant to the Club and
Village such easements, licenses, or accesses to the Spray Areas and Villas Infrastructure as shall
be required for the Parties to perform this Agreement.
6. CLUB DISCRETION. Notwithstanding anything in this Agreement to the
contrary, it is understood and agreed that delivery of WWTP Effluent to the Spray Areas under
this Agreement is subject to the Club's use of WWTP Effluent and the Club's control and
maintenance of the Irrigation Lagoons, Accordingly, the Club may, in its sole discretion, refuse
to deliver WWTP Effluent to the Spray Areas.
7. DISCLAIMER. THE VILLAGE AND THE CLUB MAKE NO
REPRESENTATIONS, WARRENTIES, OR PROMISES, EXPRESS OR IMPLIED, AS TO
QUALITY, CONDITION OR SUITABILITY OR FITNESS FOR USE OF THE WWTP
EFFLUENT TO BE DELIVERED AND USED FOR IRRIGATION OF THE SPRAY AREAS
UNDER THIS AGREEMENT.
3

DRAFT— Jury 20, 2017
8. PERMIT AND APPLICABLE LAW. The conduct of the Parties pursuant to
this Agreement shall at all times comply with the terms of the Permit and applicable law.
9. TERMINATION. A Party may terminate this Agreement for convenience at any
time and for any reason upon fourteen (14) days' written notice to the other Parties. A Party may
suspend its performance (excluding the payment of money) or terminate this Agreement
immediately upon notice if performance would violate the Permit or applicable law or upon the
breach by another Party uncured following five (5) days' written notice.
10. NOTICES. All notices, requests, consents and other communications required or
permitted under this Agreement shall, to the extent possible, be in writing and shall be (as elected
by the person giving such notice) delivered personally, by email, or by facsimile, or mailed by
registered or certified mail (postage prepaid), return receipt requested, addressed to:
If to the Village: Village of Bald Head Island
Attention: Village Manager
Post Office Box 3009
Bald Head Island, North Carolina 28461
Email: cmccallna.villa ebhi.org
If to the Club: Bald Head Island Club
Attention: General Manager
Post Office Box 3070
Bald Head Island, North Carolina 28461
Email: RNortonnabhiclub.net
If to the Villas: Bald Head Island Villas Association
Attention: Kevin Arata, Villas HOA President
582 Broyhill Road
Fayetteville, North Carolina 28314
Email: kvaratana email.com
11. REGULATORY COMMUNICATIONS. The Parties shall promptly share all
written communications received from or sent to the North Carolina Department of
2

DRAFT— July 20, 2017
Environmental Quality ("DEQ") and other governmental or regulatory agencies relating to the
delivery of W WTP Effluent to the Spray Areas.
12. INDEMNITY. The Villas shall indemnify, defend and hold harmless the Village
and Club against all claims, demands, judgments, liabilities, fines, penalties, assessments, and
related costs and expenses (including attorney, engineering and consultant fees incurred in
evaluating or defending any claim) from this date forward arising out of the delivery and use of
the WWTP Effluent at the Spray. Areas.
13. THIRD PARTY CONSENTS. To the extent the consent or agreement of an
entity not party to this Agreement may be required or necessary to permit the implementation or
execution of the terms of this Agreement, the Parties shall cooperate in obtaining that consent or
agreement; provided, however, that such cooperation shall not require the Parties to do or to
agree to do anything not otherwise herein provided.
14. THIRD -PARTY BENEFICIARIES. It is understood and agreed that there is no
intent for there to be, and in fact there are not, any third -party beneficiaries of this Agreement.
No third -party, including property owners, shall have any right, claim or remedy under this
Agreement or relating to or arising from the performance or nonperformance of any obligations
or duties under this Agreement in contract, tort or otherwise.
MISCELLANEOUS
15. In the event of a conflict between this Agreement and any regulatory requirement,
the regulatory requirement shall govern; provided, however, that this Agreement shall apply
should the Agreement be more stringent than the regulatory requirement and not contrary to law.
16. If any Party shall be prevented or delayed from performing any obligation or
satisfying any condition under this Agreement by reason of an Act of God, war, civil commotion,
5

DRAFT—July 20, 2017
insurrection, sabotage, fire, hurricane, explosion, or other casualty, federal or state governmental
act, or any other such condition beyond the reasonable control of such Party, then the time to
perform such obligation or satisfy such condition shall be extended for the period of the delay
caused by such event.
17. This Agreement and the rights and obligations created herein may not be assigned
without the written consent of the non -assigning Parties. In the event of any such assignment by
consent, this Agreement shall be binding upon the assignees and their successors and assigns.
18. This Agreement has been fully reviewed and considered by the Parties and is
entered into advisedly and with the representation of counsel.
19. This Agreement contains the entire understanding of the Parties with respect to
the subject matter herein, and there are no representations, warranties, covenants or undertakings,
oral or otherwise, that are not expressly set forth in this Agreement.
20. This Agreement may be amended or modified, wholly or in part, only by express
written agreement signed by the Parties.
21. This Agreement shall be governed and construed in accordance with the laws of
the State of North Carolina.
22. The terms of those documents and instruments attached hereto as Exhibits shall be
considered incorporated by reference into the terms of this Agreement. Therefore, whenever used
herein, "Agreement" shall mean and include this Agreement and all Exhibits attached hereto.
23. The headings used herein are used for reference and convenience and shall not be
deemed or construed to define, limit, or describe the scope or intent of this Agreement or any of
its provisions. Where the context so requires, the neuter form shall include feminine and
3

DRAFT—July 20, 2017
masculine, the masculine form shall include the feminine and neuter, and the singular form shall
include the plural.
24. The failure of any Party to insist upon strict performance of any of the terms or
conditions of this Agreement shall not be construed as a waiver of any of its rights or remedies
under this Agreement, and shall not be construed as a waiver, relinquishment or failure of any
such terms, conditions, or options, but the same shall be and remain in full force and effect.
25. Nothing contained in this Agreement shall be deemed or construed as a waiver by
the Village or the Club of any property right or property interest of Village or the Club, whether
arising by deed, contract, or assignment or of any power of eminent domain or other privilege or
authority nor be deemed or construed as a consent or waiver of any objection or defense to any
such power, privilege or authority by the Villas.
26. Whenever used herein or in any Exhibit attached hereto, any reference to the
Village, Club or Villas shall mean and include the Village, Club or Villas, as the case may be,
and their respective representatives, agents, servants, employees, independent contractors,
contractors, officers, directors, managers, members, partners, joint venturers, predecessors,
successors and permitted assigns.
27. This Agreement shall be binding on, and inure to the benefit of, the Village, Club
and Villas as hereinabove defined.
28. It is agreed that any disputes or controversies under or relating to this Agreement
or any Exhibit attached hereto shall be submitted to binding arbitration in accordance with the
North Carolina Revised Uniform Arbitration Act, Article 45C, G.S. 1-569.1 et seq. In any such
arbitration, the Village expressly waives and agrees not to assert the defense of sovereign
immunity to the enforceability of this Agreement.
7

DRAFT— July 20, 2017
29. The persons signing this Agreement on behalf of the Party indicated above his/her
signature represent and warrant that he/she has full authority from such Party to execute and
deliver this Agreement.
THE VILLAGE OF BALD HEAD ISLAND
By:
Name: J. Andrew Sayre
Title: Mayor
Attest:
DARALYN SPIVEY, Village Clerk
(SEAL OF THE VILLAGE OF BALD HEAD ISLAND)
(Corporate Seal)
(Corporate Seal)
BALD HEAD ISLAND CLUB
By
Name: Bradford T. Smith
Title: President
BALD HEAD ISLAND VILLAS ASSOCIATION
Name: Kevin V. Arata
Title: President
8

DRAFT— July 20, 2017
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
This the day of 2017, personally came before me, a Notary Public
in and for the said County and State, Daralyn Spivey who, being by me duly sworn, says that she
is the Village Clerk of the Village of Bald Head Island, North Carolina, a municipal corporation
organized and existing under the authority duly given and as the act of said Village, the
foregoing instrument was signed in its name by J. Andrew Sayre, as Mayor of said Village,
sealed with its seal, and attested by herself as the Village Clerk.
Witness my hand and official seal, this the day of
Printed Name:
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
2017.
NOTARY PUBLIC
1, a Notary Public for said County and
State, do hereby certify that Kevin V. Arata personally appeared before me on this day and
acknowledged that he is President of Bald Head Island Villas Association and acknowledged, on
behalf of Bald Head Island Villas Association the due execution of the foregoing instrument.
Witness my hand and official seal, this the day of 2017.
My Commission Expires:
Printed Name:
0
NOTARY PUBLIC

DRAFT— July 20, 2017
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, , a Notary Public for said County and
State, do hereby certify that Bradford T. Smith personally appeared before me on this day and
acknowledged that he is President of Bald Head Island Club and acknowledged, on behalf of
Bald Head Island Club the due execution of the foregoing instrument.
Witness my hand and official seal, this the day of 2017.
My Commission Expires:
Printed Name:
10
NOTARY PUBLIC

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MEMORANDUM OF UNDERSTANDING
VILLAS HOMEOWNERS ASSOCIATION REUSE IRRIGATION PROJECT
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into on
A 2017 by and among The Village of Bald Head Island, North Carolina
("Village'), a North Carolina municipal corporation, Bald Head Island Club, Inc. ("Club"), a North
Carolina corporation, and the Bald Head Island Villas Association ("Villas"), a North Carolina
corporation;
WITNESSETH:
WHEREAS, the Village and the Club entered into an Effluent Easement and Irrigation
and Infiltration Agreement dated December , 2015 (the "Easement and Irrigation Agreement");
WHEREAS, pursuant to the Easement and Irrigation Agreement, the Village utilizes
certain effluent ponds on the Club property to receive effluent meeting State reuse standards for
storage, infiltration to the subsurface and irrigation onto Club properties, including for the purpose
of irrigation of the golf course;
WHEREAS, the Villas desires to receive effluent meeting State reuse standards for
irrigation of the Villas common areas from Club Lagoons 1, C and 7 ("Irrigation Lagoons") as
shown on Exhibit I attached hereto.
WHEREAS, irrigation using reuse effluent from the Irrigation Lagoons will require the
Village to modify its non -discharge Permit No. WQ-000193 (the "Permit") from the Division of
Water Resources ("DWR") of the North Carolina Department of Environmental Quality ("DEQ")
for the operation of the Village's wastewater and utility system and effluent management system;
and
WHEREAS, the irrigation of the Villas common areas with reuse effluent from the
Irrigation Lagoons will require agreement among the parties hereto with respect to the Permit
amendments and entry into an operating agreement among the parties for performance of the
irrigat ion.
NOW, THEREFORE, in consideration of the prior and ongoing discussions and
negotiations among the parties, and their intent to further develop the same towards the necessary
Permit amendment and agreement for the receipt and operation of reuse effluent for irrigation of the
Villas common areas, and other good and valuable consideration, the parties, intending to be legally
bound, agree as follows:
1. Permit Amendment. The Villas has and shall continue to engage McKim & Creed
engineering firm for the purposes of performing, or subcontracting the performance of, those
studies, reports and other documents and actions necessary for amendment of the Permit to allow
irrigation of the Villas common areas with reuse effluent. Any such amendment to the Village
Permit in this regard shall be at the Village's and Club's sole discretion and approval. The Villas
shall reimburse the Village and the Club for all costs, fees and expenses incurred by the Village

and the Club, and their respective agents, consultants and attorneys; in connection with the
evaluation, negotiation, approval, preparation, execution, application and prosecution of and for
the Permit amendment relating to irrigation of the Villas common areas with reuse effluent.
Reimbursement shall be made by the Villas within ten (10) days from receipt of an invoice setting
forth the costs, fees and expenses incurred and whether or not a Permit amendment is ultimately
agreed upon by the parties or issued by DWR.
2. Operating Agreement. The parties will negotiate in good faith and shall explore an
operating agreement, including as required by DWR, to address their respective operating
responsibilities and costs of the parties in the use of reuse effluent for irrigation to the Villas
common areas. The Villas shall reimburse the Village and the Club for all costs, fees and expenses
incurred by the Village and the Club, and their respective agents, consultants and attorneys; in
connection with the negotiation, preparation and execution of this MOU and an operating
agreement. Reimbursement shall be made by the Villas within ten (10) days from receipt of an
invoice setting forth the costs, fees and expenses incurred and whether or not an operating
agreement is ultimately agreed upon by the parties.
3. Preliminary Discussions. Nothing in this Agreement or the actions contemplated
herein shall require any party to enter into a future agreement without such party's express, written
approval and consent.
4. Third -Party Beneflciaries. It is understood and agreed that there is no intent for
there to be, and in fact there are not, any third -parry beneficiaries of this Agreement. No third
party, including property owners, shall have any right, claim or remedy under this MOU or relating
to or arising from the performance or nonperformance of any obligations or duties under this MOU
in contract, tort or otherwise.
5. Notices. All notices, requests, consents and other communications required or
permitted under this Agreement shall, to the extent possible, be in writing and shall be (as elected
by the person giving such notice) delivered personally, by e-mail, or by facsimile, or mailed by
registered or certified mail (postage prepaid), return receipt requested, addressed to:
If to the Village: Village of Bald Head Island
Attention: Village Manager
Post Office Box 3009
Bald Head Island, North Carolina 28461
Email: [e-mail]
2

If to the Club: Bald Head Island Club
Attention: PresidendGeneral Manager
Post Office Box 3070
Bald Head Island, North Carolina 28461
Email: RNorton a bhiclub.net
If to the Villas: Bald Head Island Villas Association
Attention: Kevin Arata, Villas HOA President
582 Broyhill Road
Fayetteville, North Carolina 28314
Email: kvarata r_mail.com
6. Re ug latory Communications. The Village shall promptly share all written
communications received from or sent to DEQ and other governmental or regulatory agencies
relating to the herein matters.
7. Termination. Notwithstanding anything to the contrary herein contained, it is
understood and agreed that any party hereto may termination this MOU upon three (3) business
days' notice. Notwithstanding such termination, the Villas shall remain responsible to reimburse
the Village and the Club for all costs, fees and expenses referred to in Paragraphs i and 2 incurred
prior to the termination notice and in connection with or related to the termination.
8. Assignment. This Agreement and the rights and obligations created herein may not
be assigned without the written consent of the non -assigning parties. In the event of any such
assignment by consent, this Agreement shall be binding upon the assignees and their successors
and assigns.
9. Independent Counsel. This Agreement has been fully reviewed and considered by
the Village, the Club and the Villas and is entered into advisedly and with the opportunity for
representation of counsel.
10. Amendment. This MOU may be amended or modified, wholly or in part, only by
express written agreement signed by the Village, the Club and the Villas.
11. Choice of Law. This MOU shall be governed and construed in accordance with the
laws of the State of North Carolina.
12. Arbitration. It is agreed that any disputes or controversies under or relating to this
MOU shall be submitted to binding arbitration in accord with the North Carolina Revised Uniform
Arbitration Act, Article 45C, G.S. 1-569.1, et seq. In any such arbitration, the Village expressly
waives and agrees not to assert the defense of sovereign immunity to the enforceability of this
MOU.
13. Parties Bound. This MOU shall be binding on, and inure to the benefit of, the
Village, the Club and Villas, and their respective representatives, agents, servants, employees,

independent contractors, contractors, officers, directors, managers, members, partners, joint
venturers, predecessors, successors and assigns.
14. Due Authority. The persons signing this MOU on behalf of the party indicated
above his/her signature represent and warrant that he/she has full authority from such party to
execute and deliver this MOU.
VILLAGE OF BALD HEAD ISLAND
By:
J. Andrew Sayre, May
Attest:
DaraIyn Spiv' P, Vil7 g Cler6
BALD HEAD ISLAND CLUB, INC.
M
Name:
Title:
',mss, jo ,
BALD HEAD ISLAND VILLAS
ASSOCIATION
SEAL z BY:
.P Name: 'LV /9 %'� fl T%i
Title: V0,4 ,4 HOA j�!?ESip�itl J-
f�y&-r2z7„« c- , NC Z 6311-/
4

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IL%z�ir-,Cr: Rrsr,� ` Head Island &
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P.O �r 11169 ����.,,, _..__.._._�_...,�____..—__,
SouMpon, NC 78461 9133451013 _._:3•�ndi Cw.` . Dale tV27r14 u `rheled:Nwnbu 21021.9 Appfovod:
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