WQ0028693_Final Permit_20190924

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
September 24, 2019
CHRIS ROBINSON — GENERAL MANAGER
MOUNTAINTOP COMMUNITY ASSOCIATION, INC.
34 HIGH MOUNTAIN DRIVE #4
CASHIERS, NORTH CAROLINA 28717
Subject: Permit No. WQ0028693
Mountaintop Golf & Lake Club
WWTP
Reclaimed Water Generation and
Dedicated Utilization System
Jackson County
Dear Mr. Robinson:
In accordance with your permit minor modification and renewal request received April 23, 2019,
and subsequent additional information received July 18, 2019, we are forwarding herewith Permit No.
WQ0028693 dated September 24, 2019, to Mountaintop Community Association, Inc. for the continued
operation of the subject reclaimed water generation and dedicated utilization facilities.
The following modifications to the subject permit are as follows: The wetted area has been reduced
from 118.7 acres to 116.18 acres in response to NOV-2017-SP-0013.
This permit shall be effective from the date of issuance through April 30, 2025, shall void Permit
No. WQ0028693 issued September 26, 2014, and shall be subject to the conditions and limitations therein.
The Permittee shall submit a renewal application no later than November 1, 2024.
Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
The Division has removed the following permit conditions since the last permit issuance
dated September 26, 2014: -
➢ Old Conditions I.1., I.2., and I.3. - The Final Engineering Certification for the wastewater
treatment plant improvement was received by the Division on May 18, 2015.
➢ Old Condition I.4. - The Well Abandonment record was received by the Division on October
28, 2015.
➢ Old Condition I.5. - MW-1B was approved by the Asheville Regional Office.
➢ Old Condition 1.6. - An updated site map was received by the Division on July 18, 2019.
➢ Old Condition 1.7. - The Permittee submitted an agreement with Mountaintop Golf and Lake
Club (attached).
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
/� 919.707.9000

Mr. Chris Robinson
September 24, 2019
Page 2 of 2
K11r,;
➢ Old Condition IV.12 —The Well Construction form for MW-113 was received by the Division.
➢ Old Condition VI.2. — This permit is not voidable.
The following permit conditions are new since the last permit issuance dated September 26,
➢ Condition II.20. — The setbacks listed in this condition have been updated for accuracy.
➢ Condition III.12. — Requires posting of signs showing the activities being conducted at each
reclaimed water utilization sites.
➢ Condition III.17. — Requires a protective vegetative cover to be established and maintained on
all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments.
➢ Condition III.18. — Requires metering equipment to be tested and calibrated annually.
➢ Condition III.20. — Requires continuous online monitoring and recording for turbidity or
particle count and flow to be provided prior to storage, distribution, or utilization of reclaimed
water.
➢ Condition IV.9.b. — Requires date of irrigation equipment calibration to be recorded in the
maintenance log.
➢ Condition VI.10. — States this permit shall not be renewed if the Permittee or any affiliation
has not paid the required annual fee.
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. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Ashley Kabat at (919)
707-3658 or ashley.kabat&ncdenr.gov.
Sincerely,
F
Linda Culpepper, Director
Division of Water Resources
cc: Jackson 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 AND DEDICATED 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
Mountaintop Community Association, Inc.
Jackson County
FOR THE
continued operation of a 120,000 gallon per day (GPD) reclaimed water generation and dedicated utilization
facility consisting of:
a flow splitter box; an 8,000 gallon flow equalization basin; three parallel treatment trains each consisting
of. a manually -cleaned bar screen; an 80,000 gallon flow equalization basin with two 28 gallon per minute
(GPM) pumps and a 75 cubic feet per minute (CFM) blower; a 40,110 gallon extended aeration basin with
two 250 CFM blowers; two 8,333 gallon clarifiers with two return activated sludge (RAS) pumps; a 3,000
gallon sludge holding basin with a 75 CFM blower; two 28 square foot (ft) tertiary filters; a 2,100 gallon
clearwell with a 210 GPM pump; a 2,200 gallon mudwell with a 60 GPM pump; a 2,215 gallon chlorine
contact basin; an effluent flowmeter; a turbidimeter; a back-up generator; an effluent lift station; three
1,267,000 gallon storage tanks providing 33 days of storage; two 300,000 gallon upset tanks; an irrigation
pump station with two 600 GPM pumps, audible/visual high-water alarms, and a rain sensor; a 118.9 acre
spray irrigation area containing 32 irrigation zones; and all associated piping, valves, controls, and
appurtenances
to serve the Mountaintop Golf & Lake Club WWTP, with no discharge of wastes to surface waters, pursuant
to the application received April 23, 2019, subsequent additional information received July 18, 2019, and
in conformity with the Division -approved plans and specifications considered a part of this permit.
This permit shall be effective from the date of issuance through April 30, 2025, shall void Permit No.
WQ0028693 issued September 26, 2014, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee shall request renewal of this permit on Division -approved forms no later than November
1, 2024. [15A NCAC 02T .0105(b), 02T .0109]
WQ0028693 Version 3.0 Shell Version 190313 Page 1 of 11

II. PERFORMANCE STANDARDS
1. The Permittee shall maintain and operate the subject reclaimed water facilities so there is no discharge
to surface waters, nor any contravention of groundwater or surface water standards. In the event the
facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, 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. [15A NCAC 02T .0108(b)(1)(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 02T .0108(b)(1)(A)]
3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A.
[15A NCAC 02U .0301]
5. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g)]
6. The attached Operational Agreement shall be a condition of this permit. Noncompliance with the terms
of the Operational Agreement shall subject the Permittee to all sanctions under G.S. 143-215.6A, G.S.
143-215.613, and G.S. 143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit. [15A NCAC 02T .0115]
7. The Permittee shall connect the irrigation system to a rain or moisture sensor designed to prevent
irrigation during precipitation events or wet conditions. [15A NCAC 02U .0401(k)]
8. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public
or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)]
9. 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 as follows:
a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or
equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER -
DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or
polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated
every three feet or less;
b. Identification tape shall be at least three inches wide and have white or black lettering on purple
(Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT
DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least
every 10 feet to each pipe length and run continuously the entire length of the pipe; and
c. Existing underground distribution systems retrofitted for the purpose of conveying reclaimed water
shall be taped or otherwise identified as noted II.9.a. and II.9.b. 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.
[15A NCAC 02U .0403(c)]
10. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation
by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U
.0403 (d)]
WQ0028693 Version 3.0 Shell Version 190313 Page 2 of 11

11. 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 that can only be operated by a tool may be placed above ground and
labeled as non -potable water. [15A NCAC 02U .0403(e)]
12. There shall be no direct cross -connections between the 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)]
13. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below
any water line if practicable. If these separation distances cannot be met, the piping and integrity testing
procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U
.0403(g), 02U .0403(h)]
14. Reclaimed. water distribution lines shall not be less than 50 feet from a well unless the piping and
integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no
case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)]
15. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with
15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)]
16. Reclaimed water irrigation fields permitted prior to September 1, 2006 have compliance and review
boundaries established at the property boundary. Any exceedance of groundwater standards at or
beyond the compliance boundary shall require corrective action. Division -approved relocation of the
compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common
ownership and permitted for use as a disposal system shall be treated as a single property with regard
to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02H
.0219(k)(1)(C)(i)(III), G.S. 143-215.1(i), G.S. 143-215.1(k)]
17. 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 (i.e., parcel subdivision). [15A NCAC
02L .0107(c)]
18. 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]
19. 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 Jackson
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)]
WQ0028693 Version 3.0 Shell Version 190313 Page 3.of 11

20. The facilities herein were permitted per the following setbacks:
a. The reclaimed water irrigation sites were originally permitted August 24, 2005. The setbacks for
spray irrigation sites originally permitted or modified from June 1, 1996 to August 31, 2006 are as
follows (all distances in feet):
i. Surface waters classified SA:
100
ii. Surface waters not classified SA.
25
iii. Each water supply well:
100
iv. Each non -potable well:
10
v. Each swimming pool:
25
[15A NCAC 02H .0219(k)(1)(C)(i)]
b. The storage and treatment units were originally permitted August 24, 2005- The setbacks for
storage and treatment units originally permitted or modified from June 1, 1996 to August 31, 2006
are as follows (all distances in feet):
i. Each private or public water supply source:
100
ii. Surface waters:
50
iii. Each well with exception of monitoring wells:
100
iv. Each property line:
501
v. Nitrification field:
20
1 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .02190)(5)]
c. The 8,000 gallon flow equalization basin, tertiary sand filter, and chlorine contact chamber were
added as modifications on September 26, 2014. The setbacks for storage and treatment units
originally permitted or modified from June 18, 2011 to August 31, 2018 are as follows (all distances
in feet):
i. Each habitable residence or place of assembly under separate ownership: 1001
I Each private or public water supply source: 100
iii. Surface waters: 50
iv. Each well with exception of monitoring wells: 100
v. Each property line: 50 2
1 Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02U .0701(a)]
WQ0028693 Version 3.0 Shell Version 190313 Page 4 of 11

III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC
02U .0101]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include:
a. A description of the operation of the system in detail to show what operations are necessary for the
system to function and by whom the operations are to be conducted;
b. A description of anticipated maintenance of the system;
c. Provisions for safety measures, including restriction of access to the site and equipment; and
d. Spill control provisions that include response to upsets and bypasses, including control,
containment, and remediation, and contact information for personnel, emergency responders, and
regulatory agencies;
[I 5A NCAC 02U .0801(a)]
Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T
.0117]
4. An operator certified by the Water Pollution Control System Operators Certification Commission
(WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours
per day. [15A NCAC 02U .0401(e)]
5. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U
.0801(b)]
6. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02U .0801(c)]
7. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)]
8. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02U .0801(d)]
9. Only reclaimed water generated from the Mountaintop Golf & Lake Club WWTP shall be irrigated on
the sites listed in Attachment B. [15A NCAC 02U .0101]
10. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [15A NCAC 02U .0801(e)]
11. The Permittee shall prohibit public access to the wastewater treatment and storage facilities. [15A
NCAC 02U .0402(e)]
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(a)(2)]
13. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC
02T .1100, 02U .0802].
14. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject
facilities. [15A NCAC 02U .0402(g)]
WQ0028693 Version 3.0 Shell Version 190313 Page 5 of l 1

15. Freeboard in the three 1,267,000 gallon storage tanks and the two 300,000 gallon upset tanks shall not
be less than two feet at any time. [15A NCAC 02U .0401(h)]
16. Gauges to monitor water levels in the three 1,267,000 gallon storage tanks and the two 300,000 gallon
upset tanks shall be provided. These gauges shall have readily visible permanent markings, at inch or
tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the
temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage
volume; and the lowest point on top of the dam. [15A NCAC 02U .0801(f)]
17. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02U .0801(g)]
18. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)]
19. 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 .0401(d)]
20. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided
prior to storage, distribution, or utilization of reclaimed water. [15A NCAC 02U .0401(b)]
21. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be
routed to the five day upset tanks until the problems associated with the reclaimed water generation
system have been corrected. The water in the five day upset tanks shall be pumped back to the treatment
plant headworks for re -treatment or treated in the five day upset tanks prior to utilization. [ 15A NCAC
02U .0402(d)]
22. The Permittee shall provide notification to the public and its 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(a)(2)]
23. The Permittee shall develop and implement an education program to inform users and its 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)]
WQ0028693 Version 3.0 Shell Version 190313 Page 6 of 11

IV. MONITORING AND REPORTING REQUIREMENTS
The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall monitor the generated reclaimed water and the surface water at the stream located
below the driving range and storage tanks at the frequencies and locations for the parameters specified
in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of reclaimed water irrigated. These records
shall include the following information for each irrigation site listed in Attachment B:
a. Date of irrigation;
b. Volume of reclaimed water irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
6. Freeboard (i.e., water level to the lowest embankment elevation) in the three 1,267,000 gallon storage
tanks and the two 300,000 gallon upset tanks shall be measured to the nearest inch or tenth of a foot,
and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made
available to the Division upon request. [15A NCAC 02T .0108(c)]
7. Three copies of all monitoring data (as specified in Conditions N.3. and IV.4.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and
IV.6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of
the following month. If no activities occurred during the monitoring month, monitoring reports are still
required documenting the absence of the activity. All information shall be submitted to the following
address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(l)]
WQ0028693 Version 3.0 Shell Version 190313 Page 7 of 11

The Permittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. 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 02U .0802(b)]
9. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of irrigation equipment calibration;
c. Date of turbidimeter calibration;
d. Date and results of power interruption testing on alternate power supply;
e. Visual observations of the plant and plant site; and
f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.); and
g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date
of occurrence, estimated volume, and corrective action taken.
[15A NCAC 02U .0801(h)]
10. Monitoring wells MW-1/113, MW-2, and MW-3 shall be sampled at the frequencies and for the
parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms
and monitoring data shall refer to the permit number and the well nomenclature as provided in
Attachment C and Figure 1. [15A NCAC 02T .0105(m)]
11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(m)]
WQ0028693 Version 3.0 Shell Version 190313 Page 8 of 11

12. Noncompliance Notification:
V.
The Permittee shall report to the Asheville Regional Office, telephone number [phone], within
24 hours of first knowledge 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.) rendering the facility incapable of
adequate wastewater treatment.
c. Any failure resulting in a discharge untreated or partially treated wastewater to surface waters.
d. 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.9.g. but do not require Regional Office notification.
Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
f. Ponding in or runoff from the irrigation sites.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. All
noncompliance notifications shall file a written report to the Asheville Regional Office within five days
of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure
the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed
water generation and utilization facilities. [15A NCAC 02U .0801(i)]
2. The Permittee shall inspect the reclaimed water generation and utilization facilities to prevent
malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the
environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection
log that includes the date and time of inspection, observations made, and 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 02U .0801(h), 02U .0801(i)]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the reclaimed water generation and utilization facilities permitted
herein at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the terms and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
WQ0028693 Version 3.0 Shell Version 190313 Page 9 of 11

VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division -approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143-
215.1(d3)]
6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02U;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
WQ0028693 Version 3.0 Shell Version 190313 Page 10 of 11

9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
Permit issued this the 24' day of September 2019
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
nda Culpepper, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0028693
WQ0028693 Version 3.0 Shell Version 190313 Page 11 of 11

THIS PAGE BLANK

O
M
Fa
Q
U)
F
ou
=
.O
.O
0Y.
.0
.0
.O
.0
.0
a�
a
a
C7
o
0
0
°'
0
0
0
0
0
0
0
w
U
U
U
U
U
U
U
U
U
D
a
w
x
z
c
c
G
5
0
o
o
o
0
0
o
0
z
y
3
3
15
x
x
X
x
o
pro
N
M
N
[,
N
N
N
N
N
M
N
V
A
A
a
e
F+
A
�
a
W
�
o
W
G7
0
co
e
o
'^
Cl
�Q
CD
o
�
Y
C
O
�
^
U
W
u
as
�
cd
cd
z
o
00
m
�
F
�
o
z
^
CC
�
•o
cdeq
��
;�
�
�
F
U
CC
co
C
^
.�
cd
0
ty;
Y
F
A
U
W
Q
W
q
o
o
c
o
c
-
-o
w
U
U
U
w
Z
Z
Z
Z
o
a
ria
E�
C�
to
O
N
N
O
O
kn
O
M
r
u0
U
M
o\
O
—
O
�o
O
O
M
O
O
O
O
O
O
O
O
Me
9i
O
d

F
z
�
as
�
a
w
a
c�
7
.k
A-�
�R
A
E
0
E
�C
>a
F
A
�
c
w
C L
�
FTI
O
w
�
7a �
s
�
+'e L
C
y
O
Q
� L
O�.
a
O
A�
c.�
i
A
U
U
w
w
o
064 U
o
0
M
o
0
N
W
O
N
N
Cc
a
re
M
O
M
00
00
N
0
0
.d

O
en
9
I
v
N
a)
N
a)
a)
0
y
U
v)
0
N
0
a)
N
a)
4)
U
0
U
to
v
(U
a,
U
U
44.
U
0
U
a)
V)
U
U
o
U
o
o
U
o
0
0
o
U
o
0
0
T x
L
N
N
N
N
N
N
N
N
NNN
N
N
N
N
N
N
N
'1 �
00
00
00
OCi
DD
OG
OC
00
00
DO
OC
DD
o0
00
00
DD
OC)
00
00
00
OG
z
k,
W)
.�
r.
..
�.
�
cc
00
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
d
o
0
0
0
x
�.y
Cd
Ld
Y
U
M
U
U
U
a)
a)
x
U
U
x
U
U
x
U
x
0
x
U
CC
x
0
CC
x
U
x
z
x
x
x
x
x
x
x
x
x
Q
Q
0
G
Q
O
C
q
o
❑
O
q
0
G
O
A
0
O
0
O
0
O
O
O
o
O
o
O
O
C
O
❑
O
q
0
U
a
a
a
a
s
a
a
a.
a
a
a
a
a
a
a
a.
a
a
a,
a
�
E
a)
on
4]
0A
a)
0u
a)
on
a)
aq
0
oq
()
aq
0
on
U
on
a)
0n
0
0u
0
00
0
0n
0
ao
a)
0n
U
aq
0
ou
0
0A
0
eo
0
du
a)
0u
o
0
0
0
x
0
o
U
o
U
o
0
o
U
o
0
0
a
0
0
o
h
U
h
U
y
.14
V)
h
h
.4
y
v1
.4
.4
y
y
CA
4
h
ti
.14
to
Q
Q
A
Q
A
A
Ca
Q
(�
C?y
Q
0
0
0
0
O
C
0
0
0
0
0
0
O
❑
C
t~
❑
A
G
0
0
z
z
z
z
z
z
z
z
z
I
z
I
z
I
z
I
Z
I
z
I
z
I
z
I
z
I
z
I
z
I
z
I
z
I
I
d•
00
I
d'
00
I
d•
00
I
d'
00
I
d•
00
I
d'
00
I
It
00
I
I
00
00
d'
00
d•
00
It
00
It
00
d•
00
d•
00
d•
00
d'
00
we
00
d•
00
d•
00
d•
00
N_
N_
N
N_
N
N_
N
N_
N
N
N
N
N
N
N_
N_
N
N
N
CD
CD
CD
CD
(MO
O
O
O
O
(S
O
O
O
O
O
O
O
O
O
O
"C
il
bUA
'b
"O
bUA
b4
W
'G
bUq
'b
;d
b
-.•
L
C
_
U
71
�Il
yin
Cd
—
Y
Cd
Cd
Cd14
W
14
d
9 aQ
O
M
'O
N
O
O1
O
M
n
N
oo
00
M
o0
�D
�D
t-
00
-
�D
N
-,t
1.0
O
O�
m
M
z V
K1
4
M
d•
M
M
d•
N
tV
N
(V
M
M
r+
M
M
v'i
�i
CD
7
0
m
00
O
00
o
�D
o
00
o
N
W)
o
N
O
o
d
o
1D
01
o
.-.
m
0
N
O
M
o
�O
o
00
o o
N m
o
--
O
M
t-
0
ra
d'
o
"0
M
o
d
o
.0
Vl
d•
V1
v1
Cl
N
O
01
0,
0o
oo
t-
�--�
M
O
�--�
�--�
M
M
�O W)
vn
N
t-
M
W)
W1
t-
O
r
N
Q1
O
z
M_
M
M_
M
N_
N_
N_
M_
M
M_
M
M
M_
_M M_
_M
M_
m
m
m
m
C
a
rn
oo
M
M
o0
M
00
M
00
en
00
en
00
M
00
M
�
M
M
o0
M
00
M
00
M M
00
M
M
o0
M
00
m
00
m
00
m
00
4
O
O1
O
t-
oo
O
t-
M
O
M
en
O 1
oo
\0
o
N
00
o
d•
d•
o
�O
1.0
o
l-
\D
0
110
�O
o
oo
M
o
l�
M
O
V1
O
O
00
�--�
O_
O
O
V1
O�
O
00
O,
O
!�
O
'.O
ON
O
Oo
110
o
[�
ai
0
=
�+
�O
t`
O_
W)
N
N
V1
t,
�
d'
M
en
en
CD
�D
t,
t,
d'
wl
d'
v1
V1
�O
\D
O1
W)
O,
ON
N
00
d'
00
N
N_
N
N_
z
a
vi
M
Vi
M
vi
m
to
M
wl
M
vi
M
vi
M
vi
M
vi
M
vi
M
tri
M
vi
M
vi
M
vi
cn
vi
M
vi
m
vi
M
vi
en
vi
en
vi
en
vi
M
d
a
O
O
O
0
0
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
z
p
o
x
o
0
0
o
0
o
hci
o
m
Utid
ti
ti
ti
�.
ti
ti
E�
Q
C7
S
�.
5���.,5S�a�"
E.,
E.
ES
ES
ES
ES
5S
L.
o G
U.0
0 0
U oU.0
0 0
o C
U oU
o 0
oU
0 g
oU
0
oU
o 0
0
oU
o❑
oU
o z
oU
0 0
oU
0 0
oU
0 0
oU
0 0
oU.0
0 0
0 CF
U oU
0 0
oU
0 c
oU
o 0
oU
0 0
o
o
G
aa�
Y
aa.�
Y
�•.
�.+
a c4
o.
�..
_oU
a �
�.
aC8
o.
Y
m
y
o.�
�"'
P.w
a
o.
0.
o.
Y U
o.�
o.
Y
� oss.�
o.
Y
o.
y U
C.
o.
y U
a�
o.
y U
a �
o.
Y U
a �
o
0 U
U
0 0
,y'�
U
0 0
C U0
•'y
U
U
U
N
U
U
.y
U
O
U
,O O
U
U
.y y
U
.y
CA.'�
U
VJ
U
•` Vi�
VJ
(A
CAVi
.�
En
y
❑d
y
❑Q
C6 Vi
CQ
V1
oQYd
V1
0
Vi
�¢
y V1
0 ¢
cy0 Vi
qd
V1
0 ¢
y V]
0d
V1
od
�O �
od
CO Vi
CQ
Vl
oQ
0
lA
cQ
0
V1
0Q
Vl
�'Q
V1
0Q
V1
oQ
0
y VJ
�Q
y �
�Q
7
O
7
O
7
O
0
O
O
o
O
O
0
O
O
o
O
a
O
0
O
0
O
O
O
0
O
0
O
0
O
O
O
O
^C
_
W
N
w
O
c�
a
c�
d

N
U
N
U
N
N
U
N
N
U
N
U
U
U
U
U
U
U
U
U
U
U
N
N
N
N
N
.
N
N
N
N
N
00
OC
DD
00
DD
OG
00
00
00
DO
00
O
C
C
C
C
C
O
O
C
O
O
C
C
O
G
C
G
G
O
O
O
.O
p
.�
.�
.�
.9
.9
.p
,p
,p
.
U
.�
U
.a
..
.U. .a
. 2
.a
a
a
a
a
�
x
U
rn
U
rn
U
�
U
y
U
rn
U
rn
U
�
U
ul
U
y
U
�
Q U
vJ
0
0
0
0
O
0
0
0
C
0
C
0
0
Q
0
q
0
a
0
a
0
z
z
z
z
z
z
z
z
z
z
z
00
00
00
00
00
00
00
00
00
00
00
N
N
N
N
N
N_
N
N
N
N
N
O
O
O
O
O
O
O
O
O
O
O
N
U
U
U
U
a� U
U
U
a
U
b
U
W
W
W
W
cF
Q1
00
In
M
N
N
M
l�
DO
w
V'1
N
M
M
M
N
Vl
ti
0
�O
V1
0
v�
O_
0
ON
In
0
�D
O,
0
�D
O
0
M
�
0
r
0
N
�--�
0
—
00
0
O�
0
r
N
Ot-
�
N
O
C�
.-r
O
all
0,
�
r
M
M
M
M
00
M
00
M
00
M
00
M
00
M
00
Cl)
00
M
00
M
00
M
00
M
00
O
N
O
00
O
c+1
0
It
0
te)
o
O\
O
00
-
O
00
O
N
O
N
0
\D
O
O1
00
Oo0
lD
0o0
OMi
00
Oni
t—
O\
ON
�D
O
—
�O
C
kn
vi
M
kn
M
vi
M
to
M
v-i
M
vi
M
v'i
M
vi
M
Vi
M
vi
en
vi
(n
0
rn
0
O O
0
W)
O O
�
0
G
O
O O
O O
O
0
O
o
x
x
x
x
x
�
x
�
x
rn
x
m
x
m
x
�
x
c
cud ti
ti
ti
ti
ti
.,
4
4
o
o
o
0
o
0 0
o 0
0 o
o 0
U 0
0 0
U 0
0
U 0
0
U 0
U o
U 0
U 0
0
U 0
0 0
U 0
o
o .0
o .0
o .�
o .c°
o .`�
o .*
a' 'd
•U
o d
0.-
o J
O Ofi
0
p 0
O
O
'0 U
p O
La Ci
p O
Off^
d
�d
add
�ddd
d
gd
add
O
O
O
O
O
O
O
0
0
o
O
12
N
N
N
N
Nell
00
00
N
enM
M
p
F
O

0
M
i
rA
C
�
M
F
n.
C7
C7
C7
C�7
tJ
C7
C7
C7
C�J
U,
ro
z
�
U
a
0
F
z
_
L
7
x
x
x
x
x
x
x
x
C
x
C�J
M
M
M
M
M
M
M
M
fn
C
7
G4
0
Zti
4
E
q
�"
�
E
a
a
Cd
Cd
W
3
•R
A
O
O
kn
06
Cl
N
CC>
V]
F
W
F
o
d
•L
CD
od
a,
O
L)
u
0
�
o
^
z
z
_
z
a
a,
0
U2
0.
o
3
V
00
�
CD
Cl
G
kn
O
M
O
>
�
V1
o
o
o
0
o
V
a
M
c
ONO
4.
0
0
O
f-L
C
F
-o
� U
w° o
N
O �
C
O �
o o Q.
C C n a
Cd to Cd
as
=L
iZ =L O O p
C C
a a u u c
'a 0000a.
0 O 3
O O O N C
U�� O
=0-.
73
O
•� v�v�ww¢o'
0
> CC ti o ai
(V M d'
o
w U
C
Y
F
U
r.,
.'�'.
�
G C•� cad
C
y
1
0
b O c
N
"• n
U
lu
>,
M
0.0
++
a�
ed
r.
NCdCd
Cd
Q
+
o ='
ro 0
o
.fi
u
0
CL
cEoo
o
CZ
�4.
tb
O
O
O O
C V.,8
U
> �d cr
cO� ^-O
C 0
U
-S U
^O
cd Cd --
OA
U
td
o On
-d U
O =-
� to
divi
.b F,
•p
C
U
C �n O
.U+ •.+
U
a� O O
�
�
cd
�
0 �
3
4,CY
a
�
v
by
a�
•3
2 a o
C)
o
o U
o
W
C>
U b
43 o"
r+yy
O rn
U
E,
•9 � � y
U �
bD C,' U
�
C�000
o
°
0 E E U
O
U •�
_j Y
> U
U U Y
��.,
•ir
O
>,
C --
cd edd
m
U
F C
4,. U
C
moo+
�
00
N
p
cd p U
i4.
a
3

§�■ io k ui g
2
is i rj§K-
®|§ G §�B �$�! ||� |
7'| $ ' 2 2 - ! |||§ 2
k

Management Services Agreement
THIS MANAGEMENT SERVICES AGREEMENT (the "Agreement") is entered into this 2"d
day of November, 2017, by and between Mountaintop Golf and bake Club, Inc., a North Carolina nonprofit
corporation (the "Club") and Mountaintop Community Association, Inc., a North Carolina nonprofit
corporation (the "Community Association").
RECITALS
WHEREAS, the Mountaintop Community is made up of a residential community and a golf and
lake club community, master planned together into one greater community (the "Mountaintop
Community"); and
WHEREAS, the Club owns a golf course, clubhouse, general store and other facilities for the use
and enjoyment of its members; and
WHEREAS, the Community Association was formed pursuant to that certain Declaration of
Conditions, Covenants and Restrictions dated May 3, 2004 and recorded with the Jackson County, North
Carolina Register of Deeds at BK 1418, Pg. 616-683 (as amended, the "CC&Rs") pursuant to which the
Community Association was formed to manage and maintain the common areas owned by the Community
Association; and
WHEREAS, the parties have determined that it is convenient and efficient for the parties to
provide various services and financial compensation to each other in connection with each entity's
obligation to provide services to its own constituents.
IT IS NOW THEREFORE AGREED as follows.
AGREEMENT
l . Recitals. The recitals are true and correct.
2. Mana ement. The Club hereby agrees to provide management and oversight services for the
Community Association, including Community Association budgeting, design review process, and
contractor and management monitoring, as was provided during calendar year 2014. For the
calendar year 2014, the Club provided all of these services to the Community Association for an
annual fee of $50,000 and that fee remains the same for the calendar year 2015. Commencing
January 1, 2016 and continuing each year thereafter, the annual fee shall be increased on an annual
basis by rate of change in the US Consumer Price Index over the prior 12 months. The annual fee
shall be invoiced by the Club in advance prior to the beginning of each calendar year and shall be
paid by the Community Association on or before January 151 of each year.
3. Securily. The Community Association desires to provide certain security services for its
members, such as a security gate at the entrance to the Mountaintop Community, other gates for
ingress and egress, and security patrol. The Club hereby agrees t provide security services on
behalf of the Community Association including gate monitoring, community patrols, trash pick-up
and disposal, and mail delivery, as was provided during calendar year 2014. The Club shall
provide these services to the Association at its Cost (as defined below). The Club shall bill the
Community Association on a monthly basis and the Community Association shall pay to the Club
the invoiced amount within five (5) days of the date of the monthly statement.
4. Administrative and Accounting Services. The Club agrees to provide the following administrative
and accounting services on behalf of the Community Association: bookkeeping, accounts payable

and accounts receivable, budgeting, collections, financial reporting, tax filings, and owner
relations including periodic owner meetings. For the calendar year 2014. the Club provided all of
these services to the Community Association for an annual fee of $14,400 and that fee remains the
same for the calendar year 2015. Commencing January 1, 2016 and continuing each year
thereafter, the annual fee shall be increased on an annual basis by the rate of change in the US
Consumer Price Index over the prior 12. The annual fee shall be invoiced by the Club in advance
prior to the beginning of each calendar year and shall be paid by the Community Association on or
before January 151 of each year.
5. Mountaintoo Community Maintenance. The Community Association owns certain common areas
throughout the Mountaintop Community that must be maintained as a Community Association
expense. The Club agrees to provide the landscaping and maintenance of these areas at its Cost,
including maintenance of community landscaping, roadside maintenance, road clearing and snow
removal. The Club shall bill the Community Association on a monthly basis and the Community
Association shall pay to the Club the invoiced amount within five (5) days of the date of the
monthly statement.
6. Water and Waste Water. The Community Association provides potable water and waste/water
sewer treatment services to homeowners in the Mountaintop Community and for operation of all
of the facilities provided at the Club, including, but not limited to, the clubhouse, lake club, and
other related facilities. In addition, the Community Association provides treated effluent to the
Club for use in irrigation purposes including the golf course,,golf practice facilities, and other
landscaped areas. The Club disperses the effluent for the Community Association wastewater
treatment facility as required by State of North Carolina regulations. The Community Association
has separately engaged a licensed professional manager for the water and waste/water systems,
and separately contracts for generator inspection and maintenance, all of which is unaffiliated with
the Club and not managed by the Club except in its capacity as an end user of the water and
waste/water system, he costs of which are paid by the Community Association. The parties agree
to continue to honor the foregoing practices consistent with their practices during 2014, The
parties acknowledge and agree that the water related obligations I this Section 6 are regulated by
the State of North Carolina and other regulatory bodies. Therefore, if any regulatory or legal
changes impact any party's ability to perform the obligations set forth in this Section 6, the parties
will work together in good faith to address such changes and, if necessary, enter into a new
agreement, it being the parties' intention to continue their current practices in perpetuity to the
greatest extent possible under law. Notwithstanding Section 10 below, the terms of this Section 6
may not be terminated unless until a substitute agreement is in place. In the event this
Management Services Agreement is terminated, then the obligations set forth in this Section 6
shall not terminate, and the parties shall enter into a new agreement that memorializes these terms.
The parties further acknowledge and agree that the obligations set forth herein may be enforced by
specific performance of this agreement of any successor agreement. The parties hereto agree to
work together in good faith to resolve any issues, and may determine to enter into a separate
agreement to further describe the responsibilities of each party. The parties hereto acknowledge
and agree that the obligations set forth herein are cumulative to any such rights and obligations set
forth in any other documents, including but not limited to, the Declaration of Covenants,
Conditions and Restrictions and any other Community Association documents.
7. Community, Association Dues. The Club currently pays, and agrees it is obligated to pay, to the
Community Association an amount equal to 10 times the "assessment" paid by a single lot owner
in the Mountaintop Community. The Community Association shall bill the Club for this amount
and the Club shall pay the Community Association on the same basis as any lot owner in the
Mountaintop Community. The parties agree to continue to honor the foregoing practices
consistent with their practices during 2014, The parties hereto acknowledge and agree that the
obligations set forth herein are cumulative to any such rights and obligations set forth in any other
documents, including but not limited to, the Declaration of Covenants, Conditions and Restrictions
and any other Community Association documents. Notwithstanding Section 10 below, the terms
of the Section 7 may not be terminated unless and until a substitute agreement is in place. In the

event this Management Services Agreement is terminated, then the obligations set forth in this
Section 7 shall not terminate, and the parties shall enter into a new agreement that memorializes
these terms.
8. Employee Status. All of the individuals providing services to the Association through the Club
are employees or independent contractors of the Club. These individuals have no relationship to
the Association and the Association shall not be responsible or held liable for any salaries,
benefits, unemployment, workers' compensation, or other employment -related obligations to any
of these individuals, all of which shall be paid in full by the Club.
9. Cost. As used herein, the word "Cost" means the Club's actual out of pocket expenses related to
the given services (such as employees' hourly wages or salary, as the case may be, plus all
applicable taxes, withholding assessments payable by Club in accordance with law, payroll taxes,
employment benefits, retirement benefits, and other benefits customarily provided by Club prior to
the date hereof etc.). The calculation of Cost shall not include any allocated administrative or
management fee.
10. Term. The initial term of this Agreement is (1.5) years. Unless the parties agree otherwise or
provide written notice of termination of this Agreement no less than six (6) months in advance of
the expiration of any terns of this Agreement, this Agreement will automatically renew for
successive three (3) year terms until terminated as provided herein. Notwithstanding anything else
in this Agreement, the members of the Community Association who are eligible to vote may, upon
a majority vote in favor of such, action, terminate this Agreement with ninety (90) days' notice to
the Club.
1 1. Default, if either Club or Community Association shall fail to perform any of the terms or
conditions of this Agreement and such failure or breach shall not be cured within thirty (30) days
after giving written notice thereof, the other party shall have the right to tenninate this Agreement,
without prejudice to the right of compensation for losses and damages.
12. Cntire A,�E eement. This Agreement represents the entire understanding and agreement between
the parties with respect to the subject matter hereof and supersedes all other negotiations,
understandings and representations (if any) made by and between such parties.
13. Amendments. The provisions of this Agreement may not be amended, supplemented, waived or
changed orally, except by a writing signed by both parties.
14. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not,
shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective
administrators, executors, legal representatives, heirs, successors and permitted assigns.
15. Notices. All notices, requests, consents and other communications required or permitted under
this Agreement shall be in writing (including telex and telegraphic communication) and shall be
(as elected by the person giving such notice) delivered, hand -delivered against receipt, transmitted
by UPS or Federal Express courier, or mailed by registered or certified mail (postage prepaid),
return receipt requested, addressed to:
If to the Club:
Mountaintop Golf and lake Club, Inc.
34 High Mountain Dr. #4
Cashiers, NC 28717
Attention: President

If to the Community Association:
Mountaintop Community Association, Inc.
34 High Mountain Dr. #4
Cashiers, NC 28717
Attention: President
Or to such other address as any party may designate by notice complying with the terms of this Section 15.
Each such notice shall be deemed delivered on the date: (a) delivered, if by personal delivery or electronic
mail at the address set forth herein; (b) of transmission with confirmed answer back, if by facsimile; and (c)
upon which the return receipt is signed, or delivery is refused, or the notice is designated by the postal
authorities as not deliverable, as the case may be, if sent by mail or overnight courier.
16. Headings. The headings contained in this Agreement are for convenience of reference only and
shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
17. Severability. If any part of this Agreement or any other agreement entered into pursuant hereto is
contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision
shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the
remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
18. Waivers. The failure or delay of any party at any time to require performance by another party of
any provision of this Agreement, even if known, shall not affect the right of such party to require
performance of that provision or to exercise any right, power or remedy hereunder, and any
waiver by any party of any breach of any provision of this Agreement should not be construed as a
waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself,
or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any
parry in any case shall, of itself, entitle such party to any other or further notice or demand in
similar or other circumstances.
19. Specific Performance, Each of the parties acknowledges that the parties will be irreparably
damaged (and damages at law would be an inadequate remedy) if this Agreement is not
specifically enforced. Therefore, in the event of a breach or threatened breach by any party of any
provision of this Agreement, then the other party shall be entitled, in addition to all other rights or
remedies, to injunctions restraining such breach, without being required to show any actual
damage or to post any bond or other security, and/or to a decree for spccific performance of the
provisions of this Agreement.
20. Jurisdiction and Venue. The parties acknowledge that a substantial portion of negotiations,
anticipated performance and execution of this Agreement occurred or shall occur in Jackson
County, North Carolina, and that, therefore, each of the parties irrevocably and unconditionally:
(a) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement may
be brought exclusively in the courts of record of the State of North Carolina in Jackson County or
the United States District Court having jurisdiction over Jackson County; (b) consents to the
jurisdiction of each such court in any such suit, action or proceeding; (e) waives any objection
which it may have to the laying of venue of any such suit, action or proceeding in any of such
courts; and (d) agrees that service of any court paper may be effected on such party by mail, as
provided in this Agreement, or in such other manner as may be provided under applicable laws or
court rules in said state.
21. Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection
with any provisions of this Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys' fees, court costs and a] I expenses even if not taxable as
4

court costs (including, without limitation, all such Fees, costs and expenses incident to appeals),
incurred in that action or proceeding, in addition to any other relief to which the parties may be
entitled.
22. Remedies Cumulative, No Remedy herein conferred upon any party is intended to be exclusive of
any other remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by stature
or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder
shall preclude any other or further exercise thereof.
23. Goveming Law. This Agreement and all transactions contemplated b this Agreement shall be
governed by, and construed and enforced in accordance with, the internal laws of the State of
North Carolina without regard to principles of conflicts of laws.
This Agreement is executed to be effective as of the date first written above,
Mountaintop Golf & Lake Club, Inc.,
a North Celina nonprofit corporation
Rob J. Duckett
Its_General Mana er
Date: I I. • I- I -� -
Mountaintop Community Association, Inc.,
a North Carolina nonprofit corporation
By: [ *ee4�
Charles F. Ya
Its: President
Date:

Page 1 of 3
III�Iu�l�llll�ll��lpll�lll�l�
Doc rD: 003813070003 rvpe: CRP
STATE OF NORTH CARO Recorded: o5/zo/zoos at 111.30:24 AM
l Fee Amt: =45.00 Page 1 of 3
COUNTY OF .1 R C joi Hamilton Ripletar of Dead. Permit No. V•� o Z 8 (o 3
IM1751 Pa614-616 .,MENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d]) and entered into this 7 7ti day of
�1 a c- cVN oc, 8 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
_ _ au•.�a.... p L'a......,..:,,T CI rsn�;$ �,oN T., c • , a non-profit corporation organized
and existing under and by virtue of the laws of the Stale of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as Lett ck .,k Like C i. v o
(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:
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 06-07 Page 1 of 2
Book: 1751 Page:614 Seq.- 1

Page 2 of 3
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 funds 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 Development's 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
ASSOCIATION's successor.
S. 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 Fi 'VIRONMENTAL (^0y-Vek;i„ ,drsoc�u-�sa•.�T.�c.
MANAGE NT COON Name of ASSOCIATION
C'.oleen H. Sullins, Director (Signature)
Division of Water Quality
sh// Print Name and Title
i/oj l-n a r c!k C�--7 _ Z xo P
(Date) (Date)
FORM: HOA 06-07 Page 2 of 2
Book: 1751 Page:614 Seq:2

Page 3 of 3
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
1, a Notary Public of V5e t. - County and State aforesaid,
certify that STEVEN LEIGHTON personally came before me this day and acknowledged
that he is President of MOUNTAINTOP COMMUNITY ASSOCIATION, INC., a North
Carolina corporation, and that he, as President, being authorized to do so, executed the
foregoing on behalf of the corporation.
Witness my hand and official seal, this the K�4 day Z & .2008.
(OF TERESA C THAMA e,
M07 pa T Notary Public
JACKWN COUNTY, NC -�
CWj nbM n r— 7-191012
(Printed Name of Notary)
My Commission Expires: (% / /f 1j/ ,
Book: 1751 Page:614 Seq:3