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HomeMy WebLinkAboutWQ0004115_Final Permit_20190201ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality February 1, 2019 JOHN TIANO — PRESIDENT CHAMPION HILLS PROPERTY OWNERS ASSOCIATION, INC. 74 OLD HICKORY TRAIL HENDERSONVILLE, NORTH CAROLINA 28739 Subject: Permit No. WQ0004115 Champion Hills WWTP Reclaimed Water Generation and Non -Conjunctive Reclaimed Water Utilization System Henderson County Dear Mr. Tiano: In accordance with your permit renewal request received August 22, 2018, and subsequent additional information received November 27, 2018, we are forwarding herewith Permit No. WQ0004115 dated February 1, 2019, to Champion Hills Property Owners Association, Inc. for the continued operation of the subject reclaimed water generation and non -conjunctive reclaimed water utilization. Modifications to the subject permit are as follows: ➢ The size of the holding pond of the irrigation pond was amended to 700,000 gallons based on a response by the Permittee. This permit shall be effective from the date of issuance until March 31, 2024, shall void Permit No. WQ0004115 issued December 6, 2013, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B 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 conditions are new since the last permit issuance dated December 6, 2013: ➢ Condition I.2. — The most recent calibration record for the turbidimeter must be submitted to the Division. ➢ Condition II.1. —Old Condition II.1. has been updated to reflect that this facility may discharge to surface waters in accordance to NPDES Permit No. NC0087106. ➢ Condition III.11. —Old Condition III.11. was updated to state that public access should also be restricted to the 700,000 gallon effluent holding/irrigation pond. ➢ Condition III.21. — The turbidimeter should be tested and calibrated a minimum of once per year, and records of calibration must be maintained. North Carolina Department of Environmental Quality I Division of Water Resources NOFT�AEQ 512 North Salisbury Street ( 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 �nW 919.707.9000 Mr. John Tiano February 1, 2019 Page 2 of 2 ➢ Condition IV. 81- The maintenance log should include date of turbidimeter calibration. ➢ Attachment A - Monitoring between Winter and Summer months has been separated with different monitoring frequencies by adding a new point prior to irrigation (PPI). Clarified when monitoring is to occur and how it should be reported. Effluent monitoring parameters were also added, and monitoring frequencies and sampling types were updated. 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. If you need additional information concerning this permit, please contact Erick Saunders at (919) 707-3659 or erickson.saundersra-�.ncdenr.gov. Sincerely, Linda Culpepper, Director Division of Water Resources cc: Henderson County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENERATION & 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 Champion Hills Property Owners Association, Inc. Henderson County FOR THE operation of a 70,000 gallon per day (GPD) wastewater collection, reclaimed water generation, and non - conjunctive reclaimed water utilization system consisting of the: continued operation of a wastewater collection system consisting of: approximately 62,400 linear feet (LF) of 8-inch gravity sewer line, and approximately 465 manholes; a 243 gallon per minute (GPM) maximum flow influent pump station (PS #1) with high-water alarms, non -clog pumps, alternate power source, radio telemetry, and approximately 100 LF of 4-inch force main; a 20 GPM maximum flow pump station (PS #9) with high-water alarms, grinder pumps, a 25 kilowatt (kW) natural gas back-up generator, radio telemetry, and approximately 1,000 LF of 2.5-inch force main; a 55 GPM maximum flow pump station (PS #3) with high-water alarms, grinder pumps, radio telemetry, a 35 kW natural gas back-up generator, and approximately 2,000 LF of 3-inch force main,; a 72 GPM maximum flow pump station (PS #4) with high- water alarms, grinder pumps, radio telemetry, a 35 kW natural gas back-up generator, and approximately 900 LF of 2-inch force main; a 20 GPM maximum flow pump station (PS #6) with high-water alarms, grinder pumps, radio telemetry, 20 kW natural gas backup generator, and approximately 900 LF of 2-inch force main; a 10 GPM maximum flow pump station (PS 47) with high-water alarms, grinder pumps, radio telemetry, a 22 kW natural gas back-up generator, and approximately 500 LF of 2-inch force main; a 50 GPM maximum flow pump station (PS #10) with high-water alarms, grinder pumps, radio telemetry, a 20 kW natural gas back-up generator source, and approximately 1,600 LF of 2.5-inch force main; a 50 GPM maximum flow pump station (PS # 11) with high-water alarms, grinder pumps, radio telemetry, a 20 kW natural gas back-up generator, and approximately 800 LF of 2%2-inch force main; and all associated piping, valves, controls, and appurtenances; the continued operation of a 70,000 GPD reclaimed water generation system consisting of: a 25,200 gallon flow equalization tank with dual submersible pumps, and a blower unit; two 35,165 gallon aeration tanks in parallel served by two 240 cubic feet per minute (CFM) blowers; two 6,150 gallon clarifiers in parallel; a 5,470 gallon aerated sludge holding tank; an 11,000 gallon aerated sludge holding tank; a 10,230 gallon surge tank with dual non -clog pumps; a tertiary filter with blower, and two back wash pumps; a chlorine contact basin; a de -chlorination unit; a 100 kW continuous natural gas standby generator servicing the entire treatment facility; radio telemetry notification; and all associated piping, valves, controls, and appurtenances; and the WQ0004115 Version 4.0 Shell Version 180711 Page 1 of 10 continued operation of a non -conjunctive reclaimed water utilization system consisting of: a 243 GPM maximum flow effluent pump station (PS #8) with high-water alarms, non -clog pumps, alternate power source, and approximately 300 LF of 3-inch force main; a 700,00 gallon synthetically lined effluent holding/irrigation pond; a 12-inch drain line with gate valve; a 600 GPM irrigation pump station; a 49.97 acre spray irrigation area; and all associated piping, valves, controls, and appurtenances to serve Champion Hills WWTP, with no discharge of wastes to surface waters, except those authorized by Permit No. NC0087106, which does not preclude irrigation at this facility at any time, pursuant to the application received August 22, 2018, 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 March 31, 2024, shall void Permit No. WQ0004115 issued December 6, 2013, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. 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. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the declarations and bylaws documenting compliance with the attached Operational Agreement. [15A NCAC 02U .0106, 02U .0109] 2. Prior to May 2, 2019, the Permittee shall provide the most recent calibration record for the turbidimeter. This record shall be submitted to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. II. PERFORMANCE STANDARDS The subject reclaimed water facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, except otherwise authorized by NPDES Permit No. NC0087106, 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, or failure of the utilization areas to adequately assimilate the reclaimed water, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement reclaimed water generation and utilization facilities. [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] WQ0004115 Version 4.0 Shell Version 180711 Page 2 of 10 The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities in accordance with 15A NCAC 02T .0400. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 02T .0403. a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of groundwater or surface water standards. b. A map of the sewer system shall be developed and actively maintained. c. An operation and maintenance plan shall be developed, implemented and maintained. d. Pump stations not connected to a telemetry system shall be inspected every day (i.e., 365 days per year). Pump stations connected to a telemetry system shall be inspected at least once per week. e. High -priority sewers shall be inspected at least once every six months. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the Asheville Regional Office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required per North Carolina General Statute § 143-215.1 C. h. A grease control program shall be developed, implemented and maintained. i. Right-of-ways and easements shall be maintained. j. Inspection and maintenance records for Conditions II.3.a. through 11.3.i. shall be maintained for a period of at least three years, except for Conditions II.3.b. and II.3.c., which shall be maintained for the life of the system. [15A NCAC 02T .04031 4. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A. [15A NCAC 02U .0300] 5. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g), 02U .0402(m)] 6. The Operational Agreement (attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes § 143-215.6A to § 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [ 15A NCAC 02T .0115] WQ0004115 Version 4.0 Shell Version 180711 Page 3 of 10 7. 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., Pantone 522) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER — DO NOT DRINK" or be installed with a purple (i.e., Pantone 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., Pantone 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 .0403] 8. 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)] 9. The compliance and review boundaries are established at the property boundary. Any exceedance of standards at the compliance or review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02H .0219(k)(1)(C)(i)(III)] 10. 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)] 11. 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(d)] 12. 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 Henderson County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] WQ0004115 Version 4.0 Shell Version 180711 Page 4 of 10 13. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for reclaimed utilization sites shall be as follows (all distances in feet): i. Surface waters not classified SA: 25 ii. Surface waters classified SA: 100 iii. Any well with exception to monitoring wells: 100 b. The setbacks for treatment units shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property line: 50 c. The setbacks for final effluent storage units shall be as follows (all distances in feet): i. Any property line: 50 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The reclaimed water generation and utilization facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a reclaimed water system to prevent the discharge of any reclaimed water or partially treated effluent 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 .0801] 3. 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 02U .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(i)] 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. [15A NCAC 02T .0108(b)(1)] WQ0004115 Version 4.0 Shell Version 180711 Page 5 of 10 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(b)(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. Only reclaimed water generated at the Champion Hills WWTP shall be utilized in accordance with this permit. [G.S.143-215.1] 10. 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)] 11. Public access to the reclaimed water generation facilities and 700,000 gallon effluent holding/irrigation pond shall be prohibited. [15A NCAC 02U .0402(f)] 12. Public access to reclaimed water utilization sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. [15A NCAC 02U .0501] 13. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .0108(b)(1)] 14. Freeboard in the 700,000 gallon effluent holding/irrigation pond shall not be less than two feet at any time. [ 15A NCAC 02T .0108(b)(1)] 15. A gauge to monitor reclaimed water levels in -the 700,000 gallon effluent holding/irrigation pond shall be provided. This gauge shall have readily visible permanent markings at inch or tenth of a foot increments. [15A NCAC 02T .0108(b)(1)] 16. 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)] 17. Effluent shall be discharged in accordance with Permit No. NCO087106 if 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) is exceeded, until such time as the reclaimed water standards are met at the generating facility. [15A NCAC 02U .0401(c)] 18. 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)] 19. 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] 20. 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 02U .0802. [15A NCAC 02T .1100, 02U .0802] WQ0004115 Version 4.0 Shell Version 180711 Page 6 of 10 21. 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)] 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 reclaimed water generating 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 .0105(k)] 4. The Permittee shall monitor the reclaimed water from the generating facility at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] The Permittee shall maintain adequate records tracking the amount of 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 utilized; c. Site utilized; d. Length of time site is utilized; 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)] 6. Freeboard (i.e., reclaimed water level to the lowest embankment elevation) in the 700,000 gallon effluent holding/irrigation pond 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)] WQ0004115 Version 4.0 Shell Version 180711 Page 7 of 10 Three copies of all effluent monitoring data and reclaimed water distribution data (as specified in Conditions IV.3. and IVA.) shall be submitted on Form NDMR for each PPI listed in Attachment A. Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed water distribution activities occurred during the monitoring month, monitoring reports documenting the absence of the activity are still required to be submitted. All effluent monitoring data shall be submitted to the following address: Division of Water Resources, Information Processing Unit, 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617. [15A NCAC 02T .0105(1)] 8. Three copies of all operation and utilization records (as specified in Conditions IV.5. and IV.6.) shall be submitted on Form NDAR-1 for every non -conjunctive utilization site listed in Attachment B. (Note: conjunctive use sites do not require NDAR-1 submission). Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed water utilization activities occurred during the 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)] 9. 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 .0I08(c)] 10. 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. Visual observations of treatment plant and plant site; b. Date of calibration of flow measurement device(s); c. Date and results of power interruption testing on alternate power supply; d. Record of preventative maintenance (e.g., changing/adjusting of equipment, pump and valve maintenance, cross connection control, testing, inspections and cleanings, etc.; and e. 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. f. Date of calibration of turbidimeter; [15A NCAC 02T .0108(b)(1)] WQ0004115 Version 4.0 Shell Version 180711 Page 8 of 10 11. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296- 4500, 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. 10.e. but do not require Regional Office notification. d. Any time self -monitoring indicates the facilities permitted herein have gone out of compliance with the limitations contained in this permit. e. Ponding in or runoff from the reclaimed water utilization sites. 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 (800) 662-7956, (800) 858-0368, or (919) 733-3300. 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 .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the reclaimed water generation and utilization facilities. [15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the reclaimed water generation and utilization facilities to prevent malfunction, 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 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 ofthis permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-215.1] VI. GENERAL CONDITIONS 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] WQ0004115 Version 4.0 Shell Version 180711 Page 9 of 10 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. 142-215.1 ] 4. 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 the Division's General Permit NCGO 10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; National Pollutant Discharge Elimination System (NPDES) requirements under 15A NCAC 02H .0100, and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] In the event the permitted facilities change ownership or the Permittee changes their name, a written 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 .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 7. 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)] 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] 9. 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] 10. 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 1st day of February 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ?--Linda Culpepper, Director Division of Water Resources By Authority of the Environmental Manag nt Commission Permit Number WQ0004115 WQ0004115 Version 4.0 Shell Version 180711 Page 10 of 10 i y z = 0 0 0 0 0 U U U U U U U I�I-- Y� a w x z V 0 � C% r'�i O ��• N A T T' T y ,� �' O 0 ° 0 0 0 3 0 0 0 E 0 r. � N o 0 � is A E 0 8 C a, 00 A � a a R d � O Gri w G7 en o o, �d o c Lo � a .a Q a a a a d o z F � 0 L o Lo 0 7^ PN. ° 70 0 y O 1. cc b x a Q o 3 0 0 0 0 w u u z 4 w z z zkn a F -n o g g° en w O a V O %n M O O O O O O 0 0 r c 0 0 0 0 O �J o 0 o ' 0 'o 0 4 0 0 0 c7 0 0 g w U U U U U � D a a z z ��oW0y0000W00 e .k kn kn o 0 A E 7 F A C a � d s0 z 0 � w o f w c7 C y 0 O ' O a a� N M CD z o o a z � � F" ° � ^ o aii •c � 0 ` cz F0 z Q Y E° w v x� z H o x E 'n aoi aoi 0 aoi 0 aoi 0 ° W Q ° o o v �" z z a CD 0 p M O \O O �U U o 0 0 0 0 0 0 0 0 0 0 v1 O O O O O O O O ,y N w o 0 � � N b Cd a ° a > U 3 'y x � bQ a� �o 42) s° a3 a� o C�. "C ° O U U U U k, S: O � Q o U � 3 � o ° o Q O N Cd y U O N " U O Q _ y Q o.° ' ao abi a'"i o�`�n.�° Y b"a.� �q�o3 0 0� a3 •v, Cd O j a� > O � W �•��aw o ri cV ri 3 9 U U U U L R z 0 L d F MH .. N N N c� U 9 0 0 0 0 0 Q U U U U U i �a Q Q Q C z z z z 00 oe 00 00 O O O O C aii O A �n d N � Q d O r O 00 7 N Oro � � 00 It t— O z rq 0 a 00 00 00 00 00 a M 00 00 N PLO 00 N N N kn � W) � M M M M O O Q C b b z H N U U U U U U U U ^O �--� N 03 w O rya^ Y h+•1 G O � x U � U � U "O U O G1 3 3 00 .O C O � •Y U .ty w C7 O O U N � O ^O j O a O cd U O M Q � z '^ b Q' U cd O Q Q Cd � O s. N 00 t U � a y� 00 00 � Q q •O ^O � -� vi N N�"•' U � �M .b N ,� • bA M N 'O G� �� 000xoxo O w w N y > cd � o QN y -� N M .--i 3 RECEIVED/NMENVIR STATE OF NORTP� C OLINA DEC - 3 2 01 8 }} COUNTY OF ►C'69T,7,r on -Discharge --(�` Permit No. 6 .OPERAfJWAnAM&EMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this _ day of CQ eJl i b er _ 2 1g by and between the North Carolina Environmental Management Commission, an Olb ency of the State of North Carolina, hereinafter known as the COMMISSION; and z io l,� �f%S SS[Y , ,anon -profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1. The ASSOCIATION was formed for the pose, among othFrsr; of handling the property, affairs and business of the development known as UTI Ce i77 )'00 H 0 15 (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires,. to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. FORM: HOA 11-17 Pagel of2 3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be fiends readily available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, the Declaration and .Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate funds) are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at any time. 5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing _and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Developmenfs wastewater. 6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATIONS successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL C Ple r A44" P®P MANAGEMENT COMMISSION Name of ASSOCIATION .hinda Culpepper, Interim Director Division of Water Resources (Date) FORM: HOA 11-17 Print NamandTftle I� (late) Page 2 of 2 j�ay2 PSYs 0 EFFLUENT DISPOSAL EASEMENT AGREEMENT This Effluent Disposal Easement Agreement ("Agreement") is made and entered by and between CHAMPION HILLS CLUB, INC., a North Carolina nonprofit corporation ("CLUB") and CHAMPION HIILS PROPERTY OWNERS ASSOCIATION, INC. ("POA"), a North Carolina nonprofit corporation. WITNESSETH WHEREAS, POA owns and operates certain wastewater collection and treatment facilities described on Exhibit "A" (the "Wastewater Facilities") pursuant to Permit No. W00004115 issued on October 29,1996, by the State ofNorth Carolina Department of Environment, Health and Natural Rasonroes, Division of Water Quality (the "Original Permit") (the 04W Permit, as it may be amended, renewed, extended, replaced or reissued to POA, its successors, successors -in -title or assigns, is rdwW to herein as the "Permit," and all references to specific paragraphs of the Permit herein shall be deemed amended as necessary to reflect the corresponding paragraphs of any amendment to or replacement of the Original Permit); and WHEREAS, CLUB is the owner of oartain property more particularly described on Exhibit "B" which is presently operated as a golf course, clubhouse and related facr7ides ("Club Property"); and WHEREAS, the Wastewater Facilities are designed to save the Club Property and the residential development known as Champion Hills located in Henderaw County, North Carolina, consisting of that real property now and hereafter made subject to that certain Declaration of Covenants, Conditions and Restrictions for Champion Hills recorded in the public records of Henderson County, North Carolina on April 10,1992 at Book 796, Page 65, 9L M., as it may be supplemented and amended (the "Development"� and WHEREAS, the Club Property presently includes certain improvements consisting of pow. p—ls. pipes. lines. sprmWers and equipment comprising a spray irrigation system fvr the golf course on Club Property ("Spray Irrigation System"); and WHEREAS, a portion of the Spray Irrigation System for holes 1, 2, 3, 5, 6, 7, 8,10,11, 12, 13, 14, IS,16 and 18 of the golf course qualifies under the Permit for the disposal of treated effluent (the "Qualified Effluent Spray Irrigation Facilities"); and WHEREAS, POA desires to make use of the Club Property and the Qualified Effluent Spray Irrigation Facilities for the purpose of disposing of treated effluent from the Wastewater Facilities as required by and in accordance with the Permit; and 31042 P547 WHEREAS, CLUB is able to use treated effluent for irrigation ofthe Chub Property and desires to have access to the treated effluent from the Wastewater Facilities for such purpose in order to have an assured supply of water for irrigation of the Club Property in the event of drought or severe water shortages and in order to avoid the ecpemse of purchasipg water from other sources in such event; and WHEREAS, CLUB acimowiedges that it benefits from the operation of the Wastewater Facilities and desires to grant a non-cwhisive easement to POA over the Club Property for access to and use ofthe Qualified Meat Spray Irrigation Facilities to collect and dispose of treated effluent in accordance with the Permit, and is willing to undertake certain responsibilities with respect thereto in consideration for the use of such treated effluent for irrigation purposes at no cost to CLUB; NOW, THEREFORE, for and in consideration ofthe above recitals, which are incorporated by this reference, the mutual covenants contained berem, and other good and valuable consideration, the receipt and sufficiency ofwhich the parties do hereby aclmowledge, and i tendmg to be legally bound heroby, the parties do herby covenant and agree as follows: 1. GRANT OF EASEMENT. CLUB hereby establishes, declares, grants and cotivcys to POA, its successors and assigns, and POA doer hereby accept, a papetual, non-exclusive easement appurtenant to the Wastewater Facilities on, ova, under, through and across such portions of the Club Property as sue reasonably necessary for the purpose of ingress, egress and access to, and inspectiag, monitoring, testing, maintaining,. repairing, replacing, and operating the Wastewater Facilities and tho Spray Irrigation System, and for use ofthe Qualified Effluent Spray Irrigation Facilities for the purpose of disposing of treated effluent from the Wastewater Facilities in accordance with the Perouit, for determining compliance with the Ponit, and for inspection of records to be maintained pursuant to the Permit and this Agreement ("Easement"). The Easement may be exercised by or on bebalf of POA, its successors, successors -in -title, or assigns, and by the State of North Carolina and any other governmental entity now or hereafter having jurisdiction and authority over the Wastewater Facilities and the activities contemplated by the Permit ("Governmental Authorities"), by the officers," diraxoi% employees, agents and designees of any of them. CLUB hereby expressly reserves for itself; its hears, successors, successors -inn -title and assigns, all rights and privileges incident to the ownership ofthe fee simple estate ofthe Club Property and the Spray Irrigation System which are not inconsistent with the rights and privileges herein granted. 2. OBLIGATIONS OF POA. POA shall be responsible for ensuring compliance with the Permit and for fulfillment of all responsibilities thereunder, subject to the right to demand that CLUB fiM its responsibilities pursuant to Paragraph 3 of this Agreement. C. 3 104 2 P 5 4 8 0 3. OBLIGATIONS OF CLUB. (a) Public Access CLUB agrees to take such steps as are reasonably necessary to control public access to the land application sites on the Club Property during active spraying of treated effluent on such sites, which may include posting of signs indicating the activities being conducted and the location of Bawl activities, and such other means as may reasonably be requested by POA or otherwise required to comply with the Permit. CLUB shall post a sign in plain sight in its clubhouse indicating that went spraying activities take place on the Club Property. (b) Veg Utive Cover. Runoff. CLUB shall at all times maintain a suitable vegetative cover on the moray irrigation sites as required to comply with the Permit and implement adequate measures to prevent wastewater runofffrom the spray irrigation sites as required by the Permit. (c) l"ia lwe of Sor"Ing Activities. CLUB shall have exclusive control over the timing of spraying activities, subject to the Permit and this Agreerneet. CLUB shall conduct spraying activities as necessary to avoid overflow of ponds, ateept that spraying activities shall not be performed during inclement weather or when the ground is in a condition that will cause runoff. (d) Annikation Rats CLUB shall not permit the rate ofapplication oftreated effluent to exceed that allowed by the Permit. (e) Buffers In conducting spray irrigation activities, CLUB shall maintain such buffers as are required by the Permit. M CLUB shall maintain the Spray Irrigation System in proper working order at all times. CLUB shall operate and maintain the Qualified Effluent Spray Irrigation Facilities so that there is no discharge to the surface waters, nor any contamination of ground waters which will render them unsatisfactory for normal use. In the event that the Qualified Effluent Spray Irrigation Facilities fag to perform satisfirctonly, including the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, CLUB shall cooperate with POA in taking such corrective action as may reasonably be required with reaped to the Qualified Fluent Spray Hngation Facilities. (g) Monitoring and Record Keening. CLUB shall cooperate with POA in establishing and carrying out such monitoring and recordkeeping programs as may be required by the Permit or as otherwise deemed necessary by any Governmental Authorities. CLUB shall maintain adequate records and CLUB shall furnish such records to POA on such forms as may be specified by the Permit and in a timely manner as agreed by POA. In addition, CLUB shall conduct regular inspections of the Qualified Effluent Spray Irrigation Facilities to insure proper operation and identify any conditions which indicate noncompliance with standards established under the Permit, pose a threat to human health, or create a nuisance. CLUB shall maintain an inspection log or summary including at least the date 31042 P549. and time of inspection, observations made, and say maintenance, repairs, or corrective actions taken, which log shall be maintained for a period of at least three (3) years fiom the date of inspection and shall be made available upon request to POA and Governmental Authorities. (h) Modiirr tion of Qualified F.fllueat Snrav IrAution Facilities CLUB shall not expand, relocate or otherwise make any modifications to the Qualified Effluent Spray Irrigation Fwlilies without prior written notice to POA and modification of the Permit. POA shall cooperate with CLUB in seeking any modification to the Permit that CLUB may reasonably require in order to improve the performance of the Qualified Effluent Spray Irrigation Facilities or minimize the impact of efuert spray irrigation actimbes on the Club Property. 4. FAILURE TO COMPLY. If either party lima to comply with its obligations hereunder or under the Permit, or if either party discovers a faihre in the fircilities which are the responsibility of the other party hereunder, then the non4esponsible party shall have the right, upon at least five (5) days' prior written notice to the other specifying the nature of the noncompliance or fiulure and demanding corrective action (except in an emergency situation, when giving of prior notice is not practical and shall not be requiroll to enter upon the property of the other and take such action as may reasonably be necessary to sue such noncompliance or failure. In such event, the responsible party shall be liable to the curing party for all costs reasonably incurred by the suing party in effecting such cure Nothing herein shall be deemed a limitation on either patty's ability to enforce this Agreement by any means available at law or in equity, including a suit for damages or equitable relief. S. NO WARRANTIES. POA, by execution of this Agreement, acknowledges and affirms that CLUB does not make any warranty, express or implied, of any kind or any nature whatsoever with respect to the Club Property or the Qualified Effluent Spray Irrigation Facilities and all such warranties are expressly disclaimed. 6. 1 1 This Agreement is intended to have perpetual duration, provided, however, if any of the provisions of this Agreement shall be unlawful, void, or voidable for violation of the rule against perpetuities, than such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Her Royal Ids Elizabeth U, Queer of England. 7. BINDING AGREI&MENT. This Agreement shall be bindingupon and inure to the benefit of CLUB and.POA and their respective successors, suceessomin--title and assigns. Whenever any reference is made in this Agreement to either of the parties, such reference shalt be deemed to include a reference to the heirs, legal representatives, successors, successors -in -title and assigns of such party. S. COVENANTS ILUN WITH THE LAND. CLUB and POA agree that this Agreement shall be recorded in the Henderson County, North Carolina land records and that all of the provisions hereof and all of the rights, easements and obligations dated herein shall be and constitute covenants running with the fee simple estate in the Club Property and the Wastewater Facilities. Any conveyance of all or any portion of the Club Property or Wastewater Facilities • I 31042 PSSd shall be subject to the terms and provisions of this Agreement, regardless of whether the instrument of conveyance refers to this Agreement. 9. INTERPRETATION. This Agreemend shall be governed by and constmed under the laws of the State of North Carolina. 10. MODIFICATIONS. WAIVERS AND CONSENTS. Modifications, waivers and consents regarding thisAgreement shall be binding only if in wrifM and signed by the parties hereto. IN WITNESS VVHEREOF, the have signed, sealed and delivered these presents as their own free act and deed as of they of 1&-ACI cut T— . 20" IS�:'IT \\\ice °� 4tf•' wn.w �,,�.,�n7 ��•.Y T v O J :� �J vQb,Y,. +J1:i1/1t11�tt STATE OF NORTH CAROLINA COUNTY OF HENDERSON POA. CHAMPION HILLS PROPERTY OVVNERS ASSOCIATION, INC., a North Carolina nonprofit tt corporation Its: Q Attest: - Its: ✓� . I, MSTAL ASskommo t , a Notary %bno for the State and County aforesaid, do hereby certify that MOd D. ALAMWO personally appeared before me this day and acknowledged that Mahe is PM, LbQJ r of Champion Hilts Property Owners Association, Inc., a North Carolina nonprofit corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its 3M tD6NT , sealed with the corporate seal, and attested by. AUES -A. 571 U-5 61J as its d I LC ?r S1b W-r . as an act of and on behalf of the corporation - ee���laremt Witness my band and official seal this / day of (<bV&7AMt 20 00. � ial seal] Notarylie My commission expit as: �fbhrnlatoa bow RMW 2% 2MB [contirmed on next page] 5 .7 :7 FM 0 31042 P 5 5 1 CLUB: CHAMPION HILLS CLUB, INC., a North Camlvia nonprofit corporation By: Its• c esi®le.►` Attest, tts: STATE OF NORTH CAROLINA COUNTY OF HEMI liSON L UV STI L ASS0 24101 a Notary Public for the State and County aforesaid, do hereby ccr* that ji&jWJR E. JCO personally appeared before me this day and acknowledged that he/she is 4t(K PQES IDENr of Champion Ii'ills Chub, Inc., a North Carolina nonprofit corporation, and that by authority duly given and as the ad of the corporation, the foregoing instrument was signed in its name by its VICE AYE'S OWE , sealed with the corporate seal, and attested by ln*NkS IF • A'.EfA as its �! PEcT'ol— -- - as an ad of and on behalf of the corporation. ;s ,r?it m my hand and official seal this I day of IJOMMY, 20A. �yiinnglNbi„ ' J Crvipo l l N Public i>a au� v2420 1 rr�' i C �d} `' My commission expires:... OOst _. Month Canoov, Me w• nth deja) d 6 - -- — ----- -------- -------- ----- - ----- . ........ ........ ..... . . .... ..... ... ..... ..... ..... . ............ . .... ......... ..... 31042 P 5 5 2 40 F-'KMff "A" Description of Wastewater Facilities The PONs WA#gwnkr Fadlifles consist of a Wastewater Collection Butera and a Wastewater Treatment System located m Henderson County, North Carolina. AL The Wastewater- Collection System includes: 1. Approximately 12 miles of 8 inch diameter PVC sewer mains with associated easements; 2. Sewer Main connection stubs for most users of the system; 3. Approximately 450 Manholes through which the sewer mains connect, and 4. Eight Lift Stations with associated Force Mains. B. The WAftWRItOr TYMUMIt ft" includes - I. Wastewater Treatment facilities with a carrent capacity of 70,000 GPD, but expandable to 140,000 GPD, ad on POA property ofapproxirnately 2.86 Acres-, 2. Two Lift Stations (hduent and Effluent); 3. One 700,000 gal. Effluent holding pand-, 4. One Equipment building; 5. Miscellaneous mechanical and electrical equipment and associated ties, 6. M►scellaneous roads, fenocs and gates. • 31042 P 5 5 3 EXHIBIT "B" Description of Club Property The CLUB'S PROPERTY consists of a Clubhouse a Golf Course and various non -golf Recreational Facilities located in Henderson County, North Carolina. A The Clubhouse includes a building which houses various dining facilities, administration offices, pro -shop, locker rooms, cart and club storage areas, etc.; plus surrounding grounds, fixtures and improvements. B. The Golf Course includes an eighteen hole golf course, various practice areas, a maintenance facility with offices, equipment, and supplies plus all associated Land, fixtures, improvements, including, but not limited to, a golf course irrigation system. C. The various non -golf Recreational Faalities include a Fitness Center, a Swimming Pool and Tennis Courts plus all related fixtures, improvements, equipment, do. I[]