WQ0012748_Final Permit_20050520

Michael F. Easley, Governor
William 0. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek. P.E., Director
Division of Water Quality
May 20, 2005
MARTY K. LAWING, COUNTY MANAGER
COUNTY OFBRUNSWICK
PO Box 249
BOLIVIA, NORTH CAROLINA 28422
Subject: Permit No. WQ0012748
Sea Trail WWTP
Wastewater Treatment and Reclaimed
Water Utilization System
Brunswick County
Dear Mr. Lawing:
In accordance with your request for renewal received on September 25, 2001, ownership change requests
received May 7, 2004 and July 27, 2004, request for modification received July 27, 2004, and subsequent
additional information received January 30, 2002, March 19, 2002, March 3, 2003, March 24, 2003, May 12,
2003, July 14, 2003, and April 4, 2005 we are forwarding herewith Permit No. WQ0012748, dated May 20, 2005,
to the County of Brunswick for the continued operation of the subject wastewater treatment and surface irrigation
facilities. This permit approves the name change of the facility from South Brunswick Water & Sewer Authority
(SBWSA) WWTP to Sea Trail WWTP, and this permit also approves the ownership change from SBWSA to the
County of Brunswick.
Freeboard storage and the existence of an active overflow standpipe have been a source of concern. The
plan of action taken to install a permanent 12" extension to the existing riser as a safeguard is acceptable in order
to keep at least two (2) feet of freeboard from the top of the overflow riser. Please also pay special attention to the
attached Reuse Water Agreement. Since the County of Brunswick owns the Sea Trail WWTP and Sea Trail
Corporation owns the irrigation area (The Maples, Jones, and Byrd golf courses within Sea Trail Plantation), this
agreement, at a minimum, contains provisions for the following:
N The agreement indicates the responsible party for properly storing and irrigating the entire wastewater
flow in accordance with all conditions outlined in this permit.
➢ The responsible party for irrigation shall provide a certified wastewater irrigation operator at all times
in accordance with 15A NCAC 8G including site visitation requirements.
➢ The agreement indicates that aesthetic desires or management of the golf course for the purposes of
use, shall not be justifiable reasons for violating conditions of the wastewater permit including the
maintenance of adequate effluent storage capacity.
➢ The agreement also indicates the responsible party for conducting all sampling as required by the
permit, as well as, the responsible party for record keeping with regards to storage or irrigation of
effluent wastewater.
➢ The agreement indicates provisions for addressing enforcement and civil penalties in instances where
Sea Trail Corporation is responsible for violations of the permit issued to the County of Brunswick.
The agreement may not be modified or negated without approval by the Division. In the case of the
sale of the corporation or any of the golf courses utilized for wastewater disposal, disclosure of the
agreement must be made and acceptance by the purchaser must occur prior to Sea Trail Corporation
being relieved of any identified responsibilities.
o`
NrthCarolina
,Natura!!il
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 FAX [phone]
An Equal OpportuniWAtfrmalive Action Employer — 50% Recycledl10% Post Consumer Paper

This permit shall be effective from the date of issuance until April 30, 2010, shall void Permit No.
WQ0012748 issued March 9, 1999 to the South Brunswick Water and Sewer Authority, and shall be subject to
the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements
in this permit. Failure to establish an adequate system for collecting and maintaining the required operational
information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Toi i Wyche at [phone].
Sin cer ,
Alan W. Klimek, P.E.
cc: Brunswick County Health Department
Wilmington Regional Office, Aquifer Protection Section
David Bowman, P.E. of East Coast Engineering Company, P.A.
Technical Assistance and Certification Unit
APS Central Files — Parker Lincoln (WQ0012748)
LAU Files
2

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE IRRIGATION 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
County of Brunswick
Brunswick County
FOR THE
continued operation of one'200,000-GPD wastewater treatment facility consisting of two 25,000-gallon flow
equalization basins with dual 280-GPM pumps with high-water alarms and one 134-CFM blower, a manually -
cleaned bar screen, a flow-splitter box, two 125,010-gallon fine -bubble aeration basins with three 500-CFM
blowers to serve the wastewater treatment plant, two 16,670-gallon clarifiers, two 20,000-gallon aerated sludge
holding tanks, two 72-square-foot dual -bed tertiary filters with one 106-CFM blower, ultraviolet disinfection, a
3,675-gallon dosing tank with dual 600-GPM pumps and high-water alarms, and
construction and continued operation of three I00,000-GPD wastewater treatment facilities each consisting of one
25,000-gallon flow equalization basins with dual 140-GPM pumps with high-water alarms and one 68-CFM
blower, a manually -cleaned bar screen, a flow-splitter box, two 62,675-gallon fine -bubble aeration basins with
three 500-CFM blowers to serve the wastewater treatment plant, two 8,335-gallon clarifiers, two 10,000-gallon
aerated sludge holding tanks, two 36-square-foot dual -bed tertiary filters with one 53-CFM blower, ultraviolet
disinfection, a 2,064-gallon dosing tank with dual 120-GPM pumps and high-water alarms, and
continued operation of a meter for the continuous on-line monitoring and recording for turbidity, a meter for the
continuous on-line monitoring and recording for flow, approximately 5,450 linear feet of 8-inch force main to
transport treated effluent from the wastewater treatment facilities to the storage pond, a 2,500,000-gallon clay -
lined 5-day effluent pond, a 7,500,000-gallon storage pond, dual -power feed, and approximately 767,000-square-
feet ( 176 acres) of irrigation area over three different golf courses,
to serve the Sea Trail Wastewater Treatment Plant, with no discharge of wastes to the surface waters, pursuant to
the application received September 25, 2001, and subsequent additional information received by the Division, and
in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by
the Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until April 30, 2010, shall void Permit No.
WQ0012748 issued March 9, 1999 to the South Brunswick Water and Sewer Authority, and shall be subject to
the following specified conditions and limitations:

1. PERFORMANCE STANDARDS
The reclaimed water utilization facilities shall be effectively maintained and operated at all times so
that there is no discharge to the surface waters, nor any contamination of ground waters which will
render therm unsatisfactory for normal use. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to
adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including
those actions that may be required by the Division of Water Quality (Division), such as the
construction of additional or replacement wastewater treatment and disposal facilities.
The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface
or groundwaters resulting from the operation of this facility.
The residuals generated from these treatment facilities must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
5. The following buffers shall be maintained:
a. 100 feet between wetted areas and water supply wells,
b. 100 feet between wetted areas and waters classified as SA,
c. 25 feet between wetted areas and surface waters not classified as SA,
d. 100 feet between wastewater treatment units and wells,
e. 50 feet between reclaimed water storage/irrigation ponds and property lines, and
f. 50 feet between wastewater treatment units and property lines.
Some of the buffers specified above may not have been included in previous permits for this waste
treatment and disposal system. These buffers are not intended to prohibit or prevent modifications,
which are required by the Division, to improve performance of the existing treatment facility. These
buffers do, however, apply to modifications of the treatment and disposal facilities that are for the
purpose of increasing the flow that is tributary to the facility. These buffers do apply to any
expansion or modification of the irrigation areas and apply in instances in which the sale of property
would cause any of the buffers now complied with, for the treatment and disposal facilities, to be
violated. The applicant is advised that any modifications to the existing facilities will require a permit
modification.
6. Public access to the irrigation sites shall be controlled during active site use. Such controls may
include the posting of signs showing the activities being conducted at each site. A sign shall be
posted in plain sight in the clubhouse showing these activities.
II. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times.
2. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified aperator(s) to
be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit
the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply
with all other conditions specified in these rules.
3. A suitable year round vegetative cover shall be maintained.
4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause runoff.

5. Adequate measures shall be taken to prevent wastewater runoff from the irrigation field.
6. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of any wastewater resulting from the operation of this facility.
7. The application rate shall not exceed the following for the individual courses listed below:
Jones Course (68.9 acres): a cumulative loading of 44.2 inches over any twelve (12) month period
at an instantaneous application rate not to exceed 0.15 inches per dose,
Byrd Course (53.6 acres): a cumulative loading of 26.0 inches over any twelve (12) month period
at an instantaneous application rate not to exceed 0.10 inches per dose,
Maples Course (53.4 acres): a cumulative loading of 65.0 inches over any twelve (12) month period
at an instantaneous application rate not to exceed 0.15 inches per dose.
7. Within six (6) months of permit issuance, the Permittee shall submit as-builts of the irrigations
system based on a survey of the wetted acreage. These maps shall indicate the actual wetted
acreages in zones as irrigated and take into account overlapping, setbacks, etc.
8. No type of wastewater other than that from the Sea Trail WWTP shall be irrigated onto the irrigation
area.
9. Freeboard in the effluent storage pond shall not be Iess than two feet at any time.
10. All wastewater shall be routed to the five-day holding pond should the limit for fecal coliform (daily
maximum concentration of 25 per 100 ml) or turbidity (instantaneous maximum of 10 NTU) be
exceeded, until such time that the problems associated with the treatment capability of the wastewater
treatment plant have been corrected. The wastewater in the five-day holding pond shall be pumped
back to the treatment plant for retreatment or treated in the five-day pond prior to discharge to the
storage pond.
It. An automatically activated standby power source 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.
III. MONITORING AND REPORTING REQUIREMENTS
Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to insure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be foIIowed.
2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form
NDMR.
The Permittee shall install an appropriate flow measurement device consistent with approved
engineering and scientific practices to ensure the accuracy and reliability of influent flow
measurement. Flow measurement devices selected shall be capable of measuring flows with a
maximum deviation of less than 10 percent from true flow, accurately calibrated at a minimum of
once per year, and maintained to ensure that the accuracy of the measurements is consistent with the
accepted capability of that type of device. Records of flow measurement device calibration shall be
kept on file by the Permittee for a period of at least three years. At a minimum, data to be included in
this documentation shall be:
a. Date of flow measurement device calibration
b. Name of person performing calibration
c. Percent from true flow

3. As an indicator of proper operation and maintenance, the facility shall produce an effluent in
compliance with the following limitations:
31 C
Parameter Monthly Average Daily (Instantaneous) Maximum
Flow 500,000 GPD
BOD5 (5-day, 20°C) 10 mg/1 15 mg/1
NH3 as N 4 mg/l G mg/1
TSS 5 mg/1 10 mg/1
Fecal Coliform I4 per 100 ml 25 per 100 ml
Turbidity 10 NTU
is
Monthly averages for all but fecal coliform shall be the arithmetic mean of all samples collected
during the reporting period.
b
Monthly average for fecal coliform shall be the geometric mean of all samples collected during the
reporting period.
Daily maximum shall be the maximum value of all samples collected during the reporting period.
The effluent from the subject facilities shall be monitored, by the Permittee, at the point prior to
discharge to the long-term holding pond for the following parameters:
Parameter
Sampling Point
Sampling Frequency
Type of Sample
Flow
Influent or Effluent
Continuous
Recording
Turbidity
Effluent
Continuous
Recording
BOD5 (5-day, 20'Q
Effluent
2/Month
Composite
NH3 as N
Effluent
2/Month
Composite
TSS
Effluent
2/Month
Composite
Fecal Coliform
Effluent
2/Month
Grab
Settleable Matter
Effluent
Daily
Grab
NO3
Effluent
Triannually
Grab
TDS
Effluent
*Triannually
Grab
TOC
Effluent
Triannually
Grab
Chloride
Effluent
Triannually
Grab
The effluent pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
2/Month sampling frequency only during the
months of April through October. During the
remainder of the year, these parameters shall be monitored monthly.
Triannual sampling shall be conducted during March, July, and November. If Groundwater
sampling indicates or predicts problems with the compliance with Groundwater Standards, this
permit will be modified to include additional and/or more restrictive limitations.
4. Adequate records shall be maintained by the Permittee tracking the amount of wastewater disposed.
These records shall include, but are not necessarily lirrdted to, the following information:
a. date of irrigation,
b. volume of wastewater irrigated,
c. field irrigated,
d. length of time field is irrigated,
e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field,
f. weather conditions, and
g. maintenance of cover crops.
4

5. Freeboard in the effluent storage pond shall be recorded weekly.
6. Three (3) copies of all monitoring data (as specified in condition II1 2 and III 3) on Form NDMR-1
and three (3) copies of all operation and disposal records (as specified in condition 1114 and 11I 5) on
Form NDAR-1 shall be submitted monthly on or before the last day of the following month. All
information shall be submitted to the following address:
NC Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
6. A record shall be maintained of all residuals removed from this facility. This record shall include the
name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to accept
the residuals, date the residuals were hauled, and volume of residuals removed.
7. A maintenance log shall be maintained at this facility including but not limited to the following items:
a. Daily sampling results of dissolved oxygen in the aeration basin and at the clarifier weir.
b. Visual observations of the plant and plant site.
c. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm testing,
diffuser inspections and cleanings, etc.).
d. Date of calibration of flow measurement device.
e. Date and results of power interruption testing on alternate power supply.
S. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
395-3900, 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. Any occurrence at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; the known passage of a slug of hazardous substance through the
facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of compliance
with its permit limitations.
Occurrences outside normal business hours may also 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 (5) days following first knowledge of the occurrence. This report must outline the actions taken
or proposed to be taken to ensure that the problem does not recur.

IV. GROUNDWATER REQUIREMENTS
1. Applicable Well Buffer Requirements:
Buffer requirements for reclaimed water are specified by regulations in 15A NCAC 2H
.0219(k)(1)(C)(i)(V), waste not discharged to Surface Waters. There shall be a 100 foot buffer from
the edge of spray influence and any potable well. There shall be a 10 foot buffer from the edge of
spray influence and any non -potable well. Non -potable well(s) must have warning label(s) stating
non -potable or not for human consumption.
2. Applicable Boundaries:
The COMPLIANCE BOUNDARY and REVIEW BOUNDARY for the waste disposal area(s) is
specified by regulations in 15A NCAC 2H .0219(k)(1)(C)(i)(111), Waste Not Discharged to Surface
Waters. The Compliance Boundary and the Review Boundary for groundwater shall be established at
the property boundary. An exceedance of Groundwater Quality Standards at or beyond the
Compliance Boundary is subject to immediate remediation action according to 15A NCAC 2L
.0106(d)(2).
3. Additional Requirements:
Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2. The Permdttee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the release
of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an
inspection log or summary including at least the date and time of inspection, observations made, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall
be maintained by the Permittee for a period of three years from the date of the inspection and shall be
made available upon request to the Division or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit; may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a formal permit request must be submitted to the Division
accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and §
may or may not be approved.
0

4. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
5. 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 government agencies (local, state,
and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A
NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under
the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A
NCAC 2B .0200 and 2H .0500.
A set of approved plans and specifications for the subject project must be retained by the Permittee
for the life of the project.
The annual administering and compliance fee must be paid by the Permittee within thirty (30) days
after being billed by the Division. Failure to pay the fee accordingly may cause the Division to
initiate action to revoke this permit as specified by 15A NCAC 2H .0205 (c)(4).
8. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request, the Commission will review the adequacy of the facilities described
therein, and if warranted, will extend the permit for such period of time and under such conditions
and limitations as it may deem appropriate.
Permit issued this the 20`h day of May, 2005
NORTH ROLINA V ONMENTAL MANAGEMENT COMMISSION
./-Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0012748
7

Permit No. WQ0012748
May 20, 2005
ENGINEER'S CERTIFICATION
Partial Final
1, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,
Project Name
Location and County
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance and intent of
this permit, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.

12:25pm Fran-BRUNSWICK COUHTy
[phone] T-990 A.02 F-900
1
Z repared by abd Return to.
Parker, Poe, Ada,ns & Bernstein L.L.P.
Attn: Johin R. Hairr Ili, Esq.
Three Wachovia Center
401 South Tryon Street
Suite 3000
Charlotte, NC U202
NORTH CAROLINA.
nrwjr,,rick M1MtY—Re93:1_teM of Reds
Robert J. Robinson
IrLst 0207940 Book 193GPage 708
04/30/2004 06t�2; 40pw ReCt `p 7 $ 3 'i
i
RED
,• JOTAL
REV 7(;#
CASH —
RIFF.._„_ By
,BRUNSIWICK COUNTY REUSE WATER AGREEMENT
THIS REUSE WATER AG"EMENT (the "Agreement") is made effective as of
rA 2004, by and between Sea Trail Corporation, a North Carolina corporation
"Sea Trail"), and Brunswick County, a county of the State of North Carolina (the
"county").
WITNESSETH:
WHEREAS, Sea Trail is -the owner of golf courses known as The Maples, Jones and
Byrd (collectively, the "Golf Courses') in the development known as Sea. Trail Plantation .lin
'
Brunswick County, North Carolina;
WHEREAS, pursuant to (i) that Asset Purchase Agreement dated April 7, 2004 between
the County and South Brunswick Water and Sewer Authority ("SBWSA") and (ii) that Sewer
Service Agreement dated April 3�, 2004 among the County, Sea Trail and STES, Inc. (the
"Sewer Service Agreemenf), the County has acquired and operates a wastewater treatment
facility (the "Sea Trail Facility") with a design capacity of 500,000 gallons per day ("GM)
serving the Sea 'Trail Plantation and the rest of the SBWSA's wastewater collection system; and
WHEREAS, the County desires to supply treated effluent reuse water from the Sea Trail
Facility and potentially other Additional Facilities (as defined k elow) to irrigate the Golf
Courses, and Sea Trail desires to accept such reuse water up to an agreed quantity;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:

-:4-15 12:25pm From—BRUNSWICK COUNTY [phone] T-890 P.03/11 F-Boo
s
r
;7
lrnst l 207940 Book 1936page; 709
1. Provision and Acceptance of Reuse Water.
(a) During the Term of this Agreement, subject to and in accordance with all
applicable hermits (as defined below) and Law (as defined below), (i) the County shall supply up
to 500,000 GPD of reuse water from the Sea Trail Facility and/or any Additional Facilities to Sea
Trail, and (ii) Sea Trail shall accept and store such reuse water.in the Pond (as defined below)
and agrees to irrigate the Golf Courses with such reuse water, with the allocation of such amount
between the Golf Courses to be determined by Sea Trail. Except as otherwise provided in this
I• Agreement, the County shall obtain a nondischarge Permit and all other Permits required in order
to discharge reuse water upon the Golf Courses as provided under this Agreement and otherwise
to ptaform the parry's respective obligations under this Agreement. Sea Trail shall cooperate in
1 connection with the County's efforts to obtain such Permits. In the event that the County notifies
x Sea Trail in writing, at any time or from time to time, that it intends to supply reuse water to Sea
Trail under this Agreement from one or more facilities (such facility or facilities are referred to
t ' herein. as "Additional Facilities" and the Sea Trail Facility and the Additional Facilities are
sometimes referred to herein as the "Treatment Facilities") other than, or in addition to, the Sea
1:
Trail Facility, the parties shall cooperate with each other to obtain such additional Permits as are
9V required under applicable Law, and/or to modify any Permits held by the County, as required
under applicable Law to authorize the supply of reuse water hereunder from such Additional
Facilities.
(b) Sea Trail shall not transfer any of the reuse water to any golf courses other
than the Golf Courses, or otherwise dispose of the reuse water in any spanner other than as
expressly provided in this Agreement, unless: (i) Sea Trail provides the County with prior notice
thereof -and obtains the County's prior written approval thereof, which approval shall not be
unreasonably withheld, (h) Sea Trail obtains all required Permits under applicable Laws in
connection therewith, (iii) Sea Trail bears all costs with respect to transferring such reuse water,
including without limitation the costs of obtaining any such additional Permits and the costs of
modifying any of the Permits held by the County to the extent required, and (iv) such reuse water
transfer, use and disposal is in compliance with all applicable Laws, including without limitation
all Permits held by the County. The County will provide reasonable assistance to Sea Trail in
connection with obtaining the required Permits under clause (5) above provided that such
assistance does not require the payment of any out-of-pocket expenses by the County or
adversely impact the County's sewer service operations or the County's Permits-
(c) Sea Trail represents and warrants that (i) it is the sole owner in fee simple
of the Golf Courses and (h) it has the operational authority to properly manage the reuse water
consistent with this Agreement, including control of when and where the effluent irrigation
events will take place and the duration of such effluent irrigation events.
2. awra)ze/Transfer Pond and Reuse Lime. Sea Trail shall provide, without cost to
the County, the existing site located between the 13`t', PO and 15`a boles of the Byrd Golf
s Course, as shown on ExhibitA. which is attached hereto and incorporated herein by reference
} (the ``Pond"), as the storageltransfer pond to receive up to 500,000 GPD of reuse water from the
Treatment Facilities, and all necessary easements, which shall be recordable and reasonably
satisfactory to the County, for a reuse water line (the "Reuse Liine") from the Treatment Facilities
to the Pond. Sea Trail shalt, at its expense, and in accordance with the County's Pennits and
Page 2 of 9

12:25pm From-BRUNSWICK COUNTY W 02532022 T-890 P.04/11 F-900
Inst # 2079.40 1300> 19315Page: 71(}
applicable Laws a store the reuse water zf the Pond and operate and maintain the Pond
all irrigation lines from the Pond to the Golf Courses and all pumps necessary to deliver the
{ reuse water from the Pond to the Golf Courses. The County, at its expense, shall operate and
maintain the Re
use euse Line.
,.,..�
r°t _ 3. Operation and Maintenance of Irrigation _Facilities. Sea Trail shall provide a
y+x.
a�. certified spray irrigation operator(s) and art operator in responsible charge (QRC) at all times and
otherwise comply with all applicable Permits, I S,A. NCAC $G and all other applicable Laws_
Sea Laws -
Trail shall spray up to 500,000 GPD of reuse water on the Golf Courses, subject to
applicable Permit limitations on irrigation during inclement weather or when the ground is in a
condition that would cause runoff. The aesthetic desires or management of the Golf Courses
shall not be justifiable reasons for violating Permit conditions related to irrigation. In the event
that Sea Trail fails to operate and maintain its irrigation system so as to provide for acceptance of
reuse water in accordance with this Agreement, then the County shall have the right to enter
�y upon the applicable Golf Courses to perform such operation and maintenance at Sea Trail's
expense payable on demand.
4. Permit Compliance Record •Keeling. Enforcement and Civil Penalties. The
County shall provide to Sea 'Trail copies of all Permits, renewals, notices and correspondence
from the State of North Carolina, Department of Environment and Natural Resources, Division
of Water Quality ('DWQ"), or any other regulatory agency or authority that relate to this
Ag c:emeant or the obligations of the Parties hereunder. Sea Trail shall provide to the County
copies of all Permits, renewals, notices and correspondence from DWQ or any other regulatory
agency or authority that relate to this Agreement or the obligations of the parties hereunder_ All
reuse water provided by the County shall meet the requirements and standards of all applicable
Permits and other applicable Laws. Sea Trail shall have the right to suspend acceptance of reuse
water during any period in which the water (a) does not meet the requirements and standards of
all applicable Permits and other applicable Laws, (b) would endanger health or (c) subject to
Section 3 hereof, would endanger property, The County shall be responsible for conducting all
sampling and testing of the Heated wastewater efifuent, as regaii—ed by Appli%-a VAC PLsisiti. uLµ
Trail shall cause the irrigation operators to maintain records regarding storage of the reuse water
and irrigation of the Golf Courses, as required by applicable Permits and Laws, and such
information shall be provided to the County when provided to DWQ. The County shall be
responsible for maintaining records regarding reuse water inflow to the Pond, and for submitting
all required reports regarding such reuse water to DWQ. In the event that a civil penalty is
assessed against the County by DWQ for any violation of any applicable Law or Permit for
which Sea Trail is responsible, Sea Trail shall remit the amount of the penalty to the County for
payment to DWQ within thirty (30) days of Sea Trail's receipt of such violation notice; provided
that Sea Trail shall have the right to contest each alleged violation and the County shall
cooperate for that purpose. In the event that a civil penalty is assessed against Sea Trail by DWQ
for any violation of any applicable Law or Permit for which the County is responsible, the
County shall remit the amount of the penalty to Sea Trail for payment to DWQ within thirty (30)
days of the County's receipt of such violation notice; provided that the County shall have the!,
right to contest each alleged violation and Sea Trail shall cooperate for that purpose_ J
5. Reuse Water_ Charges. Until the earlier to occur of (a) the expiration or earlier
termination of the Term or (b) the discontinuation of the operations of the Sea •Trail Facility by
Page 3 of 9

12:28pm
From-BRUNSWICK COUNTY 4PIO2532O22 T-800 P.05/11 F-900
lltt 1 207940 Book 1.936Pa9e: 711
,the .County, Sea Trail shall not be obligated to pay any fees for the receipt of reuse water under
this Agreement_ Upon the discontinuation of the Sea Trail Facility operations, Sea Trail snail
pay to the County an amount equal to the County's direct costs of service of transporting reuse
water from the Treatment Facilities to the Pond. This amount shall be determined after the
County has discontinued the Sea Trail Facility operations and its actual transport costs are
determined. All capital costs incurred by the County for the design, engineering, construction,
and installation of the Reuse Lint,- or the Treatment Facilities shall not be considered costs of
service for purposes of determining the reuse water charge. The County shall review and adjust,
on an annual basis, the reuse water charge as necessary to cover the direct costs of such service.
The County shall bill Sea Trail for the 'reuse water, and the reuse water charge shall be payable,
on a monthly basis.
6. Term-, Modifications. The term of this Agreement (the "Term' shall commence
upon the date hereof and expire only upon one (1) year prior written notice by the County to Sea
Trail; provided, however, that (a) either party may terminate the Term, by giving written notice
to the other party, if required in order to comply with applicable Law or with Permits held by
;. such party, (b) Sea Trail may terminate Me'I'erm by giving four (4) years prior written notice to
the County and (c) following any permanent discontinuation of the operations of the Sea Trail
Facility (other than any pump station) by the County, Sea Trail may terminate the Terra by
giving three (3) years prior written notice to the County. Notwithstanding anything in this
'. Agreement to the contrary, this Agreement may not be terminated., modified or amended without
the prior consent of DyVQ. Any modification or amendment shall be in writing specifically
referring to this Agreement and signed by the parties hereto.
7. Successors and Assi is. This Agreement shall be binding on and shall inure to
the benefit of the parties hereto and their respective successors in interest. The County may not
assign this Agreement to third parties without the prior written consent of Sea Trail, which
consent shall not be unreasonably withheld, except that the County may assign this Agreement to
another Governmental Entity and thereafter have no further obligations hereunder (other than
breaches of this Agreement prior to such conveyai3cnj -wiu=U-at u=e prwr :wi...,,..,
Trail. Without the consent of the County, Sea Trail may convey all or portions of the Golf
Courses and thereafter have no further obligations hereunder with respect to such conveyed Golf
Course or portion thereof (other than breaches of this Agreement prior to such conveyance),
provided that any such conveyance shall be made subject to the provisions of this Agreement and
such assignee executes and delivers a written instniment of assumption of this Agrearnent, which
instrument shall be reasonably acceptable to the County. Prior to any change in control of Sea
Trail, (a) Sea Trail shall provide the County with notice thereof, and (b) the transferee shall
acknowledge, in writing, this Agreement and the obligations of Sea Trail hereunder. Except g
provided in this Section, no party hereto shall have the right to assign any of its rights or
obligations under this Agreement without the prior written consent of the other party_ The
parties agree that this Agreement or a memorandum thereof may be recorded with the
appropriate public registry and will take such steps as are necessary to permit recordation -
Indemnification.
(a) The County shall hold harmless and inderrtnify Sea Trail against any
claims, dernands, liabilities, judgments, damages, costs, reasonable attorneys fees, fines and
Page 4 of 9

12:26pm From-BRUNSWICK COUNTY [phone] T-890 P-00/11 F-900
r Tnst; 4 2O794O Book 193
�s penalties (collectively, the "Losses') arising out of (regardless of whether such Losses are
attributable to a third party claim) (i) any failure by the County to comply with applicable Laws
and Permits with regard to its obligations hereunder including its obligation to provide reuse
is water in compliance with applicable Laws or (ii) any material breach of this Agreement by the
. . County.
(b) Sea Trail shall hold harmless and indemnify the County against any
Losses arising out of (regardless of whether such Losses are attributable to a third party claim) (i)
any failure by Sea Trail to comply ; with applicable Laws and Pemxits with regard to its
obligations hereunder or (ii) arty material breach of this Agreement by Sea Frail.
9. Miscellaneous.
(a) Any term or provision of this Agreement that is held by a court of
competent jurisdiction or other authority to be invalid, void or unenforceable in any situation in
any jurisdiction shall not affect the validity or enforceability of the remaining terms and
provisions hereof or the validity or enforceability of the offending term or provision in any other
situation or in any other jurisdiction. If the final judgment of court of competent jurisdiction or
other authority declares that any term or provision hereof is invalid, void or unenforceable, the
parties agree that the court making such determination shall have the power to reduce the scope,
duration, area or applicability of the term or provision, to delete specific words or phrases, or to
replace any invalid, void or unenforceable term or provision with a term or provision that is valid
and enforceable and that comes closest to expressing the intention of the invalid or unenforceable
term or provision.
(b) No waiver by any parry hereto of any default shall be deerned a waiver of
any prior or subsequent default under the same or other provisions of this Agreement. This
Agreement constitutes the eritire understanding of the parties hereto as to the subject matter
hereof, revokes and supersedes all prior agreements between the parties hereto as to such subject
matter (whether written or oral), and is intended as a final expression of the mutual
understanding. This Agreement may be executed in any number of counterpart signature pages
(including facsimile counterpart signature pages), each of which shall be deemed an original and
all of which, taken together, shall constitute one and the same instrument. This Agrec meat, and
all disputes arising in connection with this Agreement, shall be governed by the laws of the State
of North Carolina_ Nothing expressed or referred to in this Agreement will be construed to give
any Person other than the parties hereto any legal or equitable right, remedy or claim under or
with respect to this Agreement or any provision of this Agreement, except such rights as shall
inure to a successor or permitted assigneepursuant to Section 7.
F (c) In this Agreement, unless a clear contrary intention appears: (i) reference
:.� to any agreement, docent or instrument means such agreement, document or instrument as
amended or modified and in effect from time to time in accordance with the terms thereof; (ii)
"hereunder," "herein", "hereof," "hereto," and words of similar import shall be deemed
references to this Agreement as a whole and not to any particular Section or other provision
: hereof; (iii) references to a Section shall refer to a Section of this Agreement; and (iv) The
Section headings contained in this Agreement are for reference }purposes only and shall not affect
in any way the meaning or interpretation of this Agreement.
Page 5 of 9
:t

Fr-C4-05 12:27pm From-BRUNSWICK COUNTY [phone] T-890 P.07/11 F-90o
7-07940 Eaok 19%page: 713
(d) As used herein, the following defined terms shall have the meetings
=_ ascribed below:
"Governmental Entity" shall mean a court, arbitral tri-bunal, administrative
agency or commission or other govemmental or other regulatory authority or agency, including
without limitation a city and township.
"Law" shall mean any federal, state, local, municipal, foreign,
international, multinational or other constitution, Iaw, ordinance, principle of common law, code,
regulation or statute as amended, modified, codified, replaced or reenacted, in whole or in part,
and in effect from time to time, including rules and regulations promulgated thereunder.
"Permit" shall mean any approval, consent, ratification, waiver,
authorization, license, registration or permit, as modified and in effect from time to time, issued,
T r; granted, given or otherwise made available by or under the autharity of any Governmental Entity
or pursuant to any Law_
"Person" shall mean a natural person, partnership, corporation, limited
liability company, business trust, joint stock company, mist, unincorporated association, joint
venture, Governmental Entity or other entity or organization_
[Sigiatures on Following Page]
o� ,
Page 6 of 9

Apt-04-05 12 :27pm From-BRUNSWICK COUNTY [phone] T-HO P-08/11 F-900
Inst 207940 Wok 193GPagLI: 714
IN WITNESS WHEREOF, the parties hereto have caused this Reuse Water Agreement to be duly executed as of The day and year first above written.
SEA TRAIL CORPORATION
By:
Nam
a 61
Title,- President
BRUNS OUN"TY
By.
avid Sandifer,
le- -
Chairman
Board of Commissioners
CILERK TO THE BOARD:
cs /AP4
(BEAU
1A
Page 7 of D
4,"

Apr-04-05 12:28pm From-BRUNSWICK COUNTY W U2532022
r rx0j T-990 A.09/11 F-900
InSt 9 207940 Book 1936page; 715
STATE OF Nekf-� C-Q04-10A
COUNTYOF Lt. r's-A'lcrt
I, t a Notary Public of said County and State, certify
that h A • 06 who being by me duly sworn, says that W/she is
President of SEA TRAIL CORPORATION, a North Carolina_ corporation, and that said writing
was signed by Ow/her on behalf of said corporation by its authority duly given. And the
President acknowledged the said writing to be the act and deed of said corporation.
Y ss ray hand and seal, this 31)7 day of A P k 1 L , 2004.
Notary Public
Y SEAL]
STATE OF NORTH CAROLINA
COUNTY OF 8 2 "11 11"1 t c K
I, (A v G,( &KAN E rv\A-R 5 A 4 Lk a Notary Public of said County and State, certify
that DAVID R. SANDIFER, who, being by me duly sworn, says that he is CHAIRMAN of
BOARD OF COMMISSIONERS of BRUNSWICK COUNTY, a County of North Carolina, and
that the seal affixed to the foregoing instrument in writing is the seat of said County and that said
�_. L - L 1--14r r....ca r,5�.,.�. ,,,,.t �ly�rr �t+Pg1p,� by its rn,inly r_.1Prlc by the
writing Was ZilgllGli U� lfn XT, U(AL"li M a(41%4 4�+u4A�, ww J J - �
County's authority duly givers_ And the said Chairman acknowledged the said writing to be the
act and deed of said County.
�H Q
rmy hand and seal this-3— _ day of A-P 14- , 2004.
06
pI Jk A A i.. � Notary Pu lic
&Y SEAL]
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of HUEY '`�� MARSHAI;T,
Notary(ies) Public is (are) Certified to be Correct. -
This Instniment was filed for Registration on this. 30tti Day of April 20p9
IN the Book and page shown on the First Page herr-of. ! '
R01aE J. RO iN ON, Reeister of Deed$-

v .11J91Y11 %OVUIII i +910Z532022 T-890 P.1Q/11 F-900
Xnst # 207940 Book 1936Page: 716
MUM A
Pond Map (see attached map)
The attached map is not A certified survey and has not been approved by a local
government agency for compliance with any applicable land development regulations.
page 9 of 9

�
Top
Top

'7—
:_,.Ploa-nt Vie
Ch'
r w n e
E�c
Lk
—37.
TPIL- WWTP 0001274-8
C-e-o&r T
Pt
�LI63
52
so
QD
N
25
-12 Ul
-25
Z:_
c
-Y
n�l
2
27
j" I
w
'L 7
oa
Ra DS
._BtanL
. ... ......
"sGat Ramp ...... I. Aw
27 '32, 30"

SOUTH BRUNSWICK WATER & SEWER AUTHORITY
SEA TRAIL PLANTATION DEVELOPMENT
GOLF COURSE REUSE
BRUNSWICK COUNTY
WQ_0012748
SEA TRAIL PLANTATION GOLF COUMES
�— SPRAY IRRIGATION OF RECLAIMED RATER
IRRIGATION SYSTEM UPGRADES
J `\
✓EAST COIST MGIII�G
COMPANY, P.A.
• to wt. 4i+aied.etli:' � ]bE
• a '98 _ ° °' arrucA
SOUTHBRUNSWICK WATER
and SEWER AUTHORITY
,f. C
o (8f ..��/ • . �- fesjca m xsuH rs
` _ do c� .. - ._- 1. Ed.ifnQ epr.r ne4ele. an IPings .n Tee. 47° (IdV Rediar O
ura . I ° �j \ ��`(�✓qb IDD 9.i} and T65 (Ez RPdlu. O Too F.'). -
-�, r I 7 Y. Ur4np .pm nozzles Pl 9nens «r T— 7Bp (76' pod'+w O
J- Pm..... n . pray nOlzl.E on golf w w. 7— 7m (7e'
�G.r+ pe').
/ n /� P � _ �� t 'n 1. Prop P.ed n r .prpT nerxl...ho.n M 1pndrs.RyPd ww. w. laze
_ iv} ��� 1 37° vPk (I°'•tlrC 15 xoelus O 4°�75 pi).
s..v er nerter IPnd.cePed ...p......led la b hega4d
.tlh p, .til • lSTonwy .mzele. (-0- Rwi:as O
2°0 5a yri). I�wer iridvW�7—neuln Pn Irol Inp.n av,e to lot erw
f � 6. Xo nu velar xill Ee aWPy.d Mtp hullr nr q. or onlp
7. Oue eeiz. and —Plich .. Myed1P, inieuli Fn.d 4r. lkan 7'
y Pr not .Mrn Pn PIPn.. klq P4Pn sysbm cpntr.cbr .µ ..uryn:.r
br/
foh I.r Ilive than .�pr. J� Lv1Y a. fit.4nq sproyhvods •h.qq n IP hull.11 er a not le 0e
�t5 / P.�Mwn llpre voter. XerHP*a lured. (Tan lEO) .ill b.Ir,.1o1Pd
n lhe,e Prpa,
p� �r \ tF ._>• .-.,� r 1 < r r � f � 0 � j - �4°s,, ����� �� � d� .. 4
/ 1p
� � I - � , I �- r ./" �� �d o . D� � • i;2� _�_-!�._...—�� .. � i � A�,� ° � / r rr `a*,ita ,l+`
9
i�
,M'P—
,I
dtit 1. yfl ,� .+•
II E.nsTEwuln°Am+arann�aEmtoE roRlmss WATz�S
(D .E'X PYU]ATgN5PM1r4ErO NR9TALlFO Ppi REIl6E WATER .
• EXS5 ARIU1 5P AYIEAD L5E11 FOR p WATER
Es aTm RfiGAlm l
. t PN'P°RE. Y1Po65T1CHLGM
BGwF wATER..AECGNEOBV m
OE[i C011fiSE ORE Fl/IM-WPlE6CWR.E.JJWE6 CdUi16E. &BYpD COud1El
XOIE: W. Inep x.pre..nu a eempt.ti.n of tnlee.w tt . indudny
oslwl field .. ". °runs,-ek Loamy cedP.lyd la—li .
corded sehdi,4W, p'et., and penal pho n,q hs. E. i.b"
Ilne s¢e, p—dfd by Sw Trdl GPIf Yslnt.nallcr.
XA!EE
tRAIWtEIX,MF,Li
NAME
LP4MTYJX .PEA
Ed±Mg
t11RpATioWN
LAc-
AICSG-CM
1161g419H MEA
LAS:J
Isz
Dfevkq RAXOE
PITPINY]°KEEN
Jo•IE9 1
.l°WEE E
rxP 1
.,A1
7)E
1]0
u.plE 1
4APlF E
o.w
JOXE9 ]
111
EYRDD. ]
E,11
W4PLE a
]lO Ie
GnAWP.]W9
l016
JDr1E5 4
sE)Pa
,..JrNIdpDPxrR111rrE£fPF5Eap6
a
"Q
e71
WApI,E a
s
W15c. PrzlclXO
06PREYCfiFpl
yse
]I.]pie
rn a
—
9-D 7
]
Ta t
1w
:YPD a
RO9
]S
111E
ME
HARE
Stl E
JOelE91E
4e9
LYFiD To
_
.17
uAPEble
to ]v
Jl]f1E519
}E.E
EYRniI
WARE 11
JPYE51z
JDXE91]
6.41
ll Rs 12
6y-
4.e1
1.,
t7,o
WAPLE if
MAREI]
IIE
7'a
. Es
171
! 11
11ARE lz
4A.
is
la
Pie
ME)
/M
I"
uA>tiE'4
sbl
"o
.ANE9 ze
doXE81
cle
.et
byRo11
9YRP sa
17
4,15
f]I
WApIE Is
WIp'IE 1/
a�E
]T
,IDXEa I.
dl31
■rrdlu
wee
aU°Tf]TAL
12—
EdL•tl
Wz
WI
TOTALn AeR�EA
411.14
�F
Sheet 3 of 3