WQ0034774_Final Permit_20100728

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North Caroiira Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Directo-
July 28, 2010
Mr. Ron Sayles — Director of Development
Appalachian Residences, LLC
949 Watauga River Road
Sugar Grove, North Carolina 28679
Dear Mr. Sayles:
Dee Freeman
Secretary
Subject: Permit No. WQ0034774
Appalachian Residences WWTF
Wastewater Irrigation System
Watauga County
In accordance with your permit application received June 17, 2010 and subsequent additional
information received July 14, 2010, July 16, 2010, July 19, 2010 and July 21, 2010, we are forwarding
herewith Permit No. WQ0034774, dated July 28, 2010, to Appalachian Residences for the construction
and operation of the wastewater treatment plant and approximately 9.59 acres of drip irrigation area; and
conceptual approval only of approximately 2.38 acres of drip irrigation area (see the permit description,
Condition I.1., and Attachment B for details).
This permit shall be effective from the date of issuance until December 31, 2015, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements listed in Attachments A, B and C. Failure to establish an adequate system for
collecting and maintaining the required operational information shall result in future compliance
problems.
Please gay special attention to the following items:
Condition 1.1. — Due to slope stability concerns, irrigation zones 16, 17, 18, and 19 have
been conceptually approved. Conceptual approval means that the location, layout, and
setbacks for the irrigation zones arc approved. However, the instantaneous and annual
loading rates are not approved. In order to fully approve these zones and authorize the
average daily flow to reach 54,844 GPD, the Permittee shall submit a major modification
request. The request shall be accompanied by a subsurface exploration of the area including
soil test borings to verify that the proposed irrigation rates will not result in an appreciable
reduction in factor of safety against slope failure, as recommended in the report submitted by
Kessel Engineering on July 16, 2010.
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Mr. Ron Sayles
July 28, 2010
Page 2 of 2
➢ Condition H.6. - This permit is being issued to Appalachian Residences, LLC pending the
transfer of title and interest of ten acres owned by Snow Farms, LLC (Parcel 1981-57-1150-
000) to Appalachian Residences, LLC pursuant to the Venture Agreement between the two
parties, executed on July 19, 2010. The Venture Agreement is incorporated herein by
reference and shall be a condition of this permit.
➢ Condition IH.2. — prohibits irrigation on Zones IA, 1B, 2, and 3 following periods of
extended rainfall or saturated soil conditions, pursuant to the Operation and Maintenance Plan
submitted on July 14, 2010.
➢ Condition HI.15. —requires that 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, only the irrigation zones that maintain a 50-foot setback to property lines
shall be irrigated until the problems associated with the wastewater treatment plant have been
corrected. Zones 1A, 1B, 4, 10B, 11, 13, 16, 18, 20A, 20B, 21A, and 21B shall receive
reclaimed quality water only.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerting this matter, please contact Lori Montgomery at [phone] or
[e-mail].
Sincerely,
Coleen H. Sullins
cc: Watauga County Health Department .
Winston-Salem Regional Office, Aquifer Protection Section
Mark Brooks, PE — Brooks Engineering Associates, PA
Technical Assistance and Certification Unit
Permit File WQ0034774
Notebook File WQ0034774

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Appalachian Residences, LLC
Watauga County
FOR THE
construction and operation of a 55,000 gallon per day (GPD) wastewater treatment and wastewater
irrigation facility consisting of -
an inlet bar screen with 1 1/2 -inch spacing; one (1) 15,394-gallon aerated flow equalization basin with a
coarse bubble diffuser system served by one (1) 40 cubic feet per minute (CFM) surge blower and two (2)
90 gallon per minute (GPM) flow transfer pumps; one (1) 24,641-gallon anoxic basin with dual 3
horsepower (hp) submersible mixers and four (4) airlift pumps for RAS recycle from clarifiers; dual (2)
18,515-gallon aeration tanks with a fine bubble diffuser system served by two (2) 281 CFM main plant
blowers; two (2) 15,394-gallon cone -shaped sludge -blanket type clarifiers with skimmer device; dual (2)
ultraviolet (UV) disinfection units connected in series with a total of eight (8) UV lamps; one (1) 17,118-
gallon aerated sludge storage tank with a coarse bubble diffuser system served by one (1) 70 CFM sludge
blower; one (1) micro screen drum filter; one (1) v-notch weir chamber with an ultrasonic effluent flow
meter; one (1) in line turbidimeter; one (1) propane fueled auxiliary generator; one (1) 5,000-gallon
irrigation dose tank with high water alarm; one (1) dosing pump skid with dual (2) 80 GPM irrigation
dose pumps with four (4) 2-inch disk filters with automatic back flush and dual (2) 80 GPM booster
pumps; one (1) 770,000-gallon wet weather storage tank with approximately 14 days of effective storage-,
a precipitation sensor; two (2) 3,000-gallon return flush tanks served by two (2) 25 GPM return pumps;
approximately 9.59 acres of drip irrigation area with a total disposal capacity of 43,950 GPD (Zones IA,
1B, 2 -- 9, 10A, 10B, 11 — 14, 15A, 15B, 20A, 20B, 21A, and 21B) as detailed in Attachment B; and
conceptual approval of: four (4) drip irrigation zones with a disposal capacity of 10,894 GPD (Zones
16, 17, 18, 19) totaling 2.38 acres (see Condition I.1. and Attachment B)
to serve 448 bedrooms in 168 apartment units at Appalachian Residences, with no discharge of wastes to
surface waters, pursuant to the application received June 17, 2010, and subsequent additional information
received by the Division of Water Quality, and in conformity with the project plans, specifications, and
other supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 2015, and shall be subject to
the following specified conditions and limitations:
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I. SCHEDULES
Due to slope stability concerns, irrigation zones 16, 17, 18, and 19 have been conceptually approved.
Conceptual approval means that the location, layout, and setbacks- for the irrigation zones are
approved. However, the instantaneous and annual loading rates are not approved. Thus, the
permitted instantaneous and annual loading rates for these zones are 0 inches/hour and 0 inches/year,
respectively (See Attachment B). Subsequently, the facility's average daily flow is limited to 43,950
gallons per day (GPD) (See Attachment A), In order to fully approve these zones and authorize the
average daily flow to reach 54,844 GPD, the Permittee shall submit a major modification request.
The request shall be accompanied by a subsurface exploration of the area including soil test borings
to verify that the proposed irrigation rates will not result in an appreciable reduction in factor of safety
against slope failure, as recommended in the report submitted by Kessel Engineering on July 16,
2010. Furthermore, any change to the proposed grading plan down slope of Zones 16, 17, 18, and 19
will require Division approval.
2. In accordance with 15A NCAC 02T .0116, upon completion of construction and prior to operation of
this permitted facility, a certification (attached) shall be submitted from a licensed North Carolina
Professional Engineer certifying that the permitted facility has been installed in accordance with this
permit, Division approved plans and specifications, and other supporting documentation, including
the location of all monitoring wells as applicable. If this project is to be completed in phases and
partially certified the Permittee shall retain the rMonsibility to track further construction a roved
under the same permit, and shall rovide a final certificate of completion once the entire proj9ct has
been com_gleted. Mail the Certification to the Division of Water Quality, Aquifer Protection Section,
1636 Mail Service Center, Raleigh, NC 27699-1636,
3. The Winston Salem Regional Office, telephone number [phone], shall be notified at least 48
hours in advance (excluding weekends and holidays) of operation of the installed facilities such that
an in -place inspection can be made. Notification to the Aquifer Protection Section's regional
supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State
Holidays.
4. The Winston Salem Regional Office, telephone number [phone], shall approve monitoring
wells MW-I, MW-2, MW-3, MW-4, and MW-5 prior to installation, and the monitoring wells shall
be installed prior to beginning waste disposal operations. The regional office shall be notified at least
48 hours prior to the construction of any monitoring well, and such notification to the Aquifer
Protection Section's regional supervisor shall be made from 8:00 a.m. until 5.00 p.m. on Monday
through Friday, excluding State Holidays. The monitoring wells shall be constructed such that the
water level in the well is never above or below the screened (open) portion of the well at any time
during the year, and in accordance with 15A NCAC 02C .0108. The general location and name for
each monitoring well is marred on Figure 1.
5. Within 60 days of completion of the monitoring wells, the Permittec shall submit two original copies
of a site reap with a scale no greater than 1-inch equals 100 feet; however, special provisions may be
granted upon prior approval for large properties. At a minimum, the map shall include the following
information:
a. The location and identity of each monitoring well.
b. The location of major components of the waste disposal system.
c. The location of property boundaries within 500 feet of the disposal areas.
d. The latitude and longitude of the established horizontal control monument.
e. The elevation of the top of the well casing (i.e., measuring point) relative to a common datum.
f The depth of water below the measuring point at the time the measuring point is established.
g. The location of compliance and review boundaries.
h. The date the map is prepared and/or revised.
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Control monuments shall be installed in such a manner and made of such materials that the
monument will not be destroyed due to activities taking place on the property. The map and any
supporting documentation shall be sent to the Division of Water Quality, Aquifer Protection Section,
1636 Mail Service Center, Raleigh, NC 27699-1636,
6. A gauge to monitor waste levels in the wet -weather storage tank shall be installed prior to operation.
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.
II. PERFORMANCE STANDARDS
1. The subject non -discharge facilities shall be effectively maintained and operated at all times so there
is no discharge to surface waters, nor any contravention of groundwater or surface water standards.
In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions
due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate
the effluent, the Permittee shall take immediate corrective actions including Division required actions,
such as the construction of additional or replacement wastewater treatment or disposal facilities.
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.
3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with
15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other
jurisdictional laws and regulations pertaining to well construction.
4. Effluent limitations shall not exceed those specified in Attachment A.
5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in
Attachment B.
6. This permit is being issued to Appalachian Residences, LLC pending the transfer of title and interest
of ten acres owned by Snow Farms, LLC (Parcel 1981-57-1150-000) to Appalachian Residences,
LLC pursuant to the Venture Agreement between the two parties, executed on July 19, 2010, The
Venture Agreement (attached) is incorporated herein by reference and shall be a condition of this
permit.
7. The irrigation system shall be connected to a rain or moisture sensor, which shall indicate when
effluent application is not appropriate in accordance with Conditions II1.4. and M,5. of this permit.
The compliance and review boundaries are established at the irrigation area boundaries. Any
exceedanee of standards at the compliance or review boundary shall require action in accordance with
15A NCAC 02L .0106.
9. 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.
10. In accordance with 15A NCAC 02L .0107(d), no wells, except for Division approved monitoring
wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L
.0107(g).
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11. 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
Watauga 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.
12. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for irrigation sites (permitted after September 1, 2006) shall be as follows (all
distances in feet):
i. Any habitable residence or place of public assembly under separate ownership:
100
ii. Any habitable residence or place of public assembly owned by the Permittee:
15
iii. Any private or public water supply source:
100
iv, Surface waters:
100
v. Groundwater lowering ditches:
100
vi. Surface water diversions:
25
vii. Any well with exception of monitoring wells:
100
viii. Any property line:
0
ix. Top of slope of embankments or cuts of two feet or more in vertical height:
15
x. Any water line from a disposal system:
10
xi. Subsurface groundwater lowering; drainage systems:
100
xii. Any swimming pool:
100
xiii. Public right of way:
50
xiv. Nitrification field:
20
xv. Any building foundation or basement:
15
Setbacks to property lines have been reduced to 0 feet because the effluent quality shall
comply with reclaimed water standards per 15A NCAC 02T ,0506(c).
b. The setbacks for storage and treatment units (permitted after September 1, 2006) shall be as
follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
I Any private or public water supply source: 100
iii. Surface waters: 50
iv. Any well with exception of monitoring wells: 100
v. Any property line: 50
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .0507, which at a minimum shall include operational
functions, maintenance schedules, safety measures and a spill response plan.
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2. Pursuant to the Operation and Maintenance Plan submitted on July 14, 2010 and subsequently
approved by the Division, Zones 1A, 1B, 2, and 3 shall not be irrigated within 24 hours following a
rainfall event due to the presence of shallow colluvium,
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.
4. A suitable year round vegetative cover shall be maintained at all times, such that crop health is
optimized, allows for even distribution of effluent and allows inspection of the irrigation system.
5. Adequate measures shall be taken to prevent effluent from ponding in or runoff from the irrigation
sites listed in Attachment B.
6. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff.
All 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.
8. Only effluent from Appalachian Residences shall be irrigated on the sites listed in Attachment B.
9. No automobiles or machinery shall be allowed on the irrigation sites except during equipment
installation or while maintenance is being performed.
10. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited.
11. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T .0508.
12. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited.
13. freeboard in the wet weather storage tank shall not be less than two feet at any time.
14. A gauge to monitor waste levels in the wet weather storage tank shall be provided.
15. Condition 11. 11. allows zero setback between irrigation areas and property lines because the effluent
shall meet reclaimed water quality in accordance with 15A NCAC 02T .0506(c). Should the limit for
fecal coliform (e.g., daily maximum concentration of 25 colonies per 100 ml) or turbidity (e.g.,
instantaneous maximum of 10 NTU) be exceeded, only the zones that maintain a 50-foot setback to
property lines shall be irrigated until the problems associated with the wastewater treatment plant
have been corrected. Zones 1A, 1B, 4, 10B, 11, 13, 16, 18, 20A, 20B, 21A, and 21B shall receive
reclaimed quality water only.
IV. MONITORING AND REPORTING RE UMEMENTS
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.
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2. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for
the required effluent, groundwater or surface water parameters.
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device to ensure the
accuracy and reliability of flow measurement consistent with accepted engineering and scientific
practices. Selected flow measurement devices shall be capable of measuring flows with a maximum
deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year;
and maintained to ensure the accuracy of measurements is consistent with the selected device's
accepted capability. The Permittee shall maintain records of flow measurement device calibration on
file for a period of at least five years. At a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow.
4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for
the parameters specified in Attachment A.
The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a
minimum, these records shall include the following information for each irrigation site listed in
Attachment B:
a. Date of irrigation;
b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Loading rates to each infiltration site listed in Attachment B;
g. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
h. Weather conditions; and
i. Maintenance of cover crops.
6. Freeboard (i.e., waste level to the lowest embankment elevation) in the wet weather storage tank shall
be 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.
7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) 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 Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Pursuant to § 143-215.1 C., the Permittee shall provide to its users and the Division of Water Quality
an annual report summarizing the performance of the wastewater treatment and irrigation facility and
the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules
related to the protection of water quality. This report shall be prepared on either a calendar or fiscal
year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two
copies of the annual report provided to the Permittee's users shall be submitted to:
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Division of Water Quality
Aquifer Protection Section
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
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.
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. Date of calibration of flow measurement device;
b. Visual observations of the plant and plant site; and
c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections and cleanings, etc.).
11. Monitoring wells MW-1 through MW-5 shall be sampled after construction and within 3 months
prior to initiating non -discharge disposal operations. Monitoring wells MW-1 through MW-5 and
water supply wells WS-2 and WS-3 shall be sampled thereafter at the frequencies and for the
parameters specified in Attachment C. Note that WS-3 is tentative. If not constructed, the
monitoring requirements listed in Attachment C shall be removed from this permit for WS-3. All
Mapping,well construction forms well abandonment forms and monitoring data shall refer to the
permit number and the well nomenclature as vrovided in Attachment C and Fikrure 1.
12. For initial sampling of monitoring wells, the Permittee shall submit a Compliance Monitoring Form
(GW-59) and a Well Construction Record Form (GW-1) listing this permit number and the
appropriate monitoring well identification number. Initial Compliance Monitoring Forms (GW-59)
without copies of the Well Construction Record Forms (GW-1) are deemed incomplete, and may be
returned to the Permittee without being processed.
13. 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 clay 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 Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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14. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results 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, the Standard Soil Fertility Analysis shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
15. Noncompliance Notification:
The Permittee shall report by telephone to the Winston Salem Regional Office, telephone number
[phone], as soon as„possible, but in no case more than 24 hours, or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the facility resulting in the treatment of significant amounts of wastes that is
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 facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the irrigation 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 [phone], [phone], or [phone].
Persons reporting such occurrences by telephone shall also file a written report in letter formm within
five days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur.
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and disposal facilities.
2. The Permittee or their designee shall inspect the wastewater treatment and disposal facilities to
prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may
cause the release of wastes to the environment, a threat to human health or a public nuisance. The
Permittee shall maintain an inspection log that includes, at a minimum, the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken. The
Permittee shall maintain this inspection log for a period of five years from the date of the inspection,
and this log shall be made available to the Division upon request.
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and disposal facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions of this
permit, and may collect groundwater, surface water or leachate samples.
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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.
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.
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).
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 NCGO10000; any requirements pertaining to wetlands under
15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of
Chapter 143 of the General Statutes.
5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner.
6. The Permittee shall retain a set of Division approved plans and specifications for the life of the
facilities permitted herein.
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 pursuant to 15A NCAC
02T .01050).
8. 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.
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).
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 pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the 28'h day of July, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-�.f 04een,ullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034774
WQ0034774 Version 1.0 Shell Version 100209 Page 9 of 10

Permit No. WQ0034774
Appalachian Residences, LLC
Appalachian Residences WWTF
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
Wastewater Irrigation
July 28, 2010
Watauga County
In accordance with 1SA NCAC 02T .0116, 1, ,
as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's
authorization to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility,
hereby state to the best of my abilities that due care and diligence was used in the observation of the
construction, such that the facility was built within substantial compliance and intent of this permit, the
Division approved plans and specifications, and other supporting documentation.
❑ Any variation to this permit, the Division approved plans and specifications, and other supporting
documentation has been documented in the attached as -built drawings, and shall serve as the
Permittee's minor modification request to amend the permit accordingly.
Provide a brief narrative description of any variations:
Professional Engineer's Name
Engineering Firm -
Mailing Address
City State Zip
Telephone E-mail NC PE Seal Signature & Date
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
AQUIFER PROTECTION SECTION
LAND APPLICATION UNIT
By U.S. Postal Service: By Courier/Special Delivery:
1636 MAIL SERVICE CENTER 2728 CAPITAL BOULEVARD
RALEIGH, NORTH CAROLINA 27699-1636 RALEIGH, NORTH CAROLINA 27604
WQ0034774 Version 1.0 Shell Version 100209 Page 10 of 10

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001-- WWTF EFFLUENT
Permit Number: WQ0034774 Versiou: 1.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING
REQCTIREMENTS
Parameter Description - PCS Code
p
Monthly Average
Monthly Geometric
Mean
Daffy Minimum
Daffy Iliairrtum
Measurement
Frequency
Sample
Type
Plow, in conduit or thru treaGnent plant - 50050
43,950
GPD
Continuous
Recorder
Turbidity, HCH Turbidimiter - 00076
10
NTU
Continuous
Recorder
BOD. 5-Day (20 Deg. C) - Concentration - C0310
10
mg11
15
ing/1
Monthly
Composite
Solids, Total Suspended - Concentration - C0530
5
nig/1
l0
mg/I
Monthly
Composite
Coliform. fecal MF. M-PC Broth,44.5C - 31616 (geommican)
14
#/100 ml
25
#/100 ml
Monthly
Grab
Nitrogen. Ammonia Total (as N) - Concentration - C0610
4
rng/1
6
mg/l
Monthly
Composite
Nitrogen, Nitrate "total (as N) - 00620
10
mg11
Monthly
Composite
Nitrogen. ICjeldahl- Total (as N) - 00625
Monthly
Composite
Phosphorus, Total (as p) - Concentration - C0665
Monthly
Composite
plI - 00400
6.0
s.u.
9.0
s.0
5 X Week
Grab
Solids, Total Dissolved - 70295
3 X Year'
Composite
Chloride (as Cl) - 00940
1
3 X Fear'
Composite
I. 3 X Year sampling shall be conducted in Marcie. ,tuIN. and November.
WQ0034774 Version 1.0 Attachment A Page 1 of

THIS PAGE BLANK
WQ0034 Version 1.0 Attachment A ge 2 of 2

ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS
APPALACHIAN RESIDENCES, LLC - APPALACHIAN RESIDENCES W WTF
Pernnit Number: WQ0034774 Version: 1.0
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Zone
Owner
County
Latitude
Longitude Net
Dominant
Parameter
Hourly
Yearly
Units
Acres a
Soil Series
Rate
Max
I A
Appalachian Residences LLC
Watauga
36°14'12"
81045'56" .12
Pigeom•oost-Sauratown Complex
01284 - Application Surface Irrigation
0.15
61,6
inches
l I3
Appalachian Residences LLC
Watauga
36°14'12"
81°45'55" .34
Edneytown-Buladean Fine Loamy
01284 - Application Surface Irrigation
0.15
61.6
inches
Variant Complex
2
Appalachian Residences LLC
Watauga
36°14'13"
81 °45'56" .49
Edneytown-Buladean Fine Loamy
01284 - Application Surface Irrigation
0.15
61.6
inches
Variant Complex
3
Appalachian Residences LLC
Watauga
36°14'14"
81°45'56" .50
Fdrieytow•n-Buladean Fine Loamy
01284 - Application Surface Irrigation
0,15
6L6
inches
Variant Complex
4
Appalachian Residences LLC
Watauga
36°14'12"
81°45'52" .54
Pigeonroost-Sauratown Complex
01284 - Application Surface Irrigation
0.15
61.6
inches
5
Appalachian Residences LLC
Watauga
36°14'13"
81°45'52" .59
Pigeon roost-Sauratow•n Complex
01284 - Application Surface Irrigation
0.15
61.6
inches
6
Appalachian Residences LLC
Watauga
3614'14"
81°45'50" 51
Saunook=fate Complex
01284 - Application Surface irrigation
0.15
61.6
inches
7
Appalachian Residences LLC
Watauga
36°14'15"
81°45'53" .70
Pigeonroost-Sauratown Complex
01284 - Application Surface Irrigation
0.15
61.6
inches
$
Appalachian Residences I,LC
Watauga
36114'15"
81°45'51" .56
Edneytown-Buladean Fine LoamyVariant
01284 - Application Surface Irrigation
0.15
6I.6
inches
Complex
9
Appalachian Residences LLC
Watauga
36014'17"
81°45'57" 62
Fdneytown-Buladean Fine Loamy
01284 - Application Surface Irrigation
0.15
61.6
inches
Variant Cqmp lex
IUA
Appalachian Residences LLC
Watauga
3601418"
81°45'59" .34
Edneytown-Buladean line Loamy
01284 - Application Surface Irrigation
0.15
61.6
inches
Variant Complex
10B
Appalachian Residences LLC
Watauga
36°14'2 V
81045'58" .36
Edneytown-Butadean Fine Loamy
01284 - Application Surface Irrigation
0.15
61.6
inches
Variant Complex
1
Appalachian Residences LLC
Watauga
36°14'20"
8I°45'58" .51
Edneytown•-Buladean Fine LoamyVariant
01284 -Application Surface Irrigation
0.15
61.6
inches
Cam Iex
12
Appalachian Residences LLC
Watauga
36°1T19"
81°45'56" .46
Edneytown-Buladean Fine Loarny
01284-Application Surface Irrigation
0.15
61.6
inches
Variant Complex
13
Appalachian Residences LLC
Watauga
36°14'2 V
81°45'58" .61
Edneytown-Buladean Fine Loarny
01284 - Application Surface Irrigation
0.15
61.6
inches
Variant Complex
14
Appalachian Residences LLC
Watauga
36'14'2V
81°45'56" A6
F,dneytown-Buladean Fine Loamy
01284 - Application Surface Irrigation
0.I5
61.6
inches
Variant Complex
15A
Appalachian Residences LLC
Watauga
36° 14'22"
81 °45'54" .53
wn-Buladean Pine Loamy
EdneytVariant
Application Surface Irrigation
0.15
61.6
inches
Variant-
Varant Complex
15B
Appalachian Residences LLC
Watauga
36°14'22"
81°45'53" .05
Edneytown-Buladean Fine Loamy
01284 - Application Surface Irrigation
0.15
61.6
inches
Variant Complex
16
Appalachian Residences LLC
Watauga
36'IT23"
81°45'57" .55
Edneytown-Buladean Fine Loamy
01284 - Application Surface Irrigation
01
0 r
inches
Variant Complex
17
Appalachian tic idences LLC
Watauga
36°14'23"
81'45'S5" 59
Variant Complex Edneytown-Buladean Fine Loarny
01284 -Application Surface Irrigation
U
U,
inches
18
Appalachian Residences LLC
Watauga
36'14'26"
81045'56" .67
Edneytown-Buladean Fine Loamy
01284 - Application Surface Irrigation
01
o l
inches
Variant Complex
19
Appalachian Residences LLC
Watauga
36°14'25"
81045'55" .57
Edneytown-Buladean Fine Loarny
01284 - Application Surface Irrigation
0'
0'
inches
Variant Complex
WQ0034774 Version 1.0 Attachment B Page I of

ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0034774 Version: 1.0
APPALACHIAN RESIDENCES, LLC — APPALACHIAN RESIDENCES W WTF
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Zone
Owner
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
Hourly
Rate
Yearly
Mal
units
20A
Appalachian Residences LLC
Watauga
36°14'27"
81"45'54"
.24
Edneytown-Buladean Fine Loamy
Variant Complex
01284 - Application Surface Irrigation
0.15
61.6
inches
20B
Appalachian Residences LLC
Watauga
36°14'28"
81°45'54"
.43
Edneytown
01284 - Application Surface Irrigation
0.15
61.6
inches
21A
Appalachian Residences LLC
Watauga
36°14'29"
81°45'52"
.34
Edneytown
01284 - Application Surface Irrigation
0.15
61.6
incites
21B
Appalachian Residences LLC
Watauga
36"14'30"
81045'51"
.28
Edneytown
0 1284 - Application Surface Irrigation
0.15
61.6
inches
Totals
11.96
1. Irrigation Zones 16, 17, 18, 19 are conceptually approved only. A permit modification will be required prior to authorization for operation ofthese zones, as described in
Permit Condition 1.1.
WQ0034: Version 1.0 Attachment B page 2 of 2

ATTACHMENT C -- GROUNDWATER MONITORING AND LIMITATIONS
Monitoring wells: MW-1, MW-2, MW-3, and MW-4
Permit Number: WQ0034774 Version: 1.0
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MON[ TOR[NG REQUIREMENTS
Parameter Description - Parameter Code
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
Water level, distance from measuring point - 82546
3 X Year
Grob
1.2,3
pill - 00400
6.5-8.5
su
3 X Year
Grab
1-2
Coliform, Fecal MF. NI-FC Broth,44.5C - 31616
3 X Year
Grab
1
Solids, 'Total Dissolved- I80 Deg.0 - 70300
500
mg/1
3 X Year
Grab
I
Carbon. Tot Organic (TOC) - 00680
3 X Year
Grab
I,6
Chloride (as Cl) - 00940
250
mg/l
3 X Year
Grab
1
Nitrogen. Nitrate Total (as N) - 00620
10
mg/l
3 X Year
Grab
I
Phosphorus, To tat (as P) - Concentration - C0665
3 X Year
Grab
I
Nitrogen, Ammonia Total (as N) - Concentration - C0610
3 X Year
Grab
1
Volatile Compounds, (GC/1v1S) - 78732
Annually
Grab
1.4.5
Water supply wells: WS-2 and WS-3 8
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
Parameter Description - Parameter Code
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
pll - 00400
3 X Year
Grab
1.2
Coliform, Fecal NIF, M-FC Broth,44.5C - 31616
3 X Year
Grab
I
Solids, Total Dissolved- Igo Deg_C - 70300
3 X Year
Grab
I
Chloride (as Cl) - 00940
3 X Year
Grab
1
Nitrogen, Nitrate Total (as N) - 00620
3 X Year
Grab
Phosphorus, 'ITotal (as P) - Concentration - C0665
3 X Year
Grab
I
1. 3 x Year monitoring shall be conducted in March, July & November: Annual monitoring shall be conducted every November.
2, The measurement of water levels shall he made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on• the top of the casing. The measurement
of p1T shall be matte after purging and prior to sampling for the remaining parameters.
3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the neasuring point for each monitoring evell. The measuring points (top
of casing) of all monitoring wells sliall be surveyed relative to a common datum.
WQ0034774 Version 1.0 Attachment Page 1 of

4. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods:
a. Standard Method 6230D, PQI, at 0.5 pg/L or less
b. Standard Method 6210D, PQL at 0.5 IigIL or less
G. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less
d. EPA Method 8260, Low Concentration, PQL at 0.5 pg/L or less
c. Another method with prior approval by the Aquifer Protection Section Chief
Any method used must meet the following qualifications:
a. A laboratory must be DWQ certified to run any method used.
b. The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D.
c. The method used must provide a PQL of 0.5 pg/L or less that must be supported by laboratory proficiency studies as required by the DWQ laboratory Certification Unit. Any constituents
detected above the MDL but below the PQL of 0.5 µg/L must be qualified (estimated) and reported.
5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Winston Salem Regional Office Aquifer Protection Supervisor, telephone
number [phone], must be contacted immediately for further instructions regarding any additional follow-up analyses required.
6. If TOC concentrations greater than TO mg/I are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents
comprising this TUC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/l. this concentration will be taken to represent the naturally occurring
TOC concentration. Any exeeedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above.
7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure I and this attachment.
8. Water supply well three (WS-3) is tentative. If not constructer', the monitoring requirements above shall be deleted for WS-3.
WQ0034; lersion 1.0 Attachment C 'age 2 of 2

VENTURE AGREEMENT
THIS VENTURE AGREEMENT is entered into by and between APPALACH AN
RESIDENCES, LLC, a duly formed Limited Liability Company pursuant to applicable
statutes of the State of North Carolina, having its offices located at 949 Watauga River
Road, Sugar Grove, North Carolina 28679, hereinafter referred to as "AR", and SNOW
FARMS, LLC, a duly formed Limited Liability Company having its offices located at
8315 Southwest 96th Street, Miami, Florida 33156, hereinafter referred to as "SNOW" IS
AS FOLLOWS:
WITNESSETH:
WHEREAS, AR is the lawful owner of land approximatimg, 43.95 acres, more fully
described in Exhibit "A" attached hereto and made part hereof, to be developed as a
student housing project, and
WHEREAS, AR requires additional land to fully develop its student housing project and
is desirous of obtaining property owned by SNOW to accomplish this development, and
WHEREAS, SNOW is the lawful owner of a tract of land approximating ten (10) acres of
land more fully described in Exhibit "B" attached hereto and made part hereof, and
WHEREAS, SNOW is desirous of joining in the development of the student housing
project being undertaken by AR and to benefit from said undertaldng, and
WHEREAS, AR and SNOW do hereby acknowledge to one another as a condition
precedent to this Venture Agreement that the legal descriptions and depictions of each
property as contained in Exhibit "A" and Exhibit "B", respectively owned by each party
are true and correct and as such can by relied upon by each party to this Agreement,
and
WHEREAS, AR and SNOW are mutually agreeable and desirous of entering into this
Venture Agreement providing mutual benefit and consideration to each party
acceptable by each party,
NOW, THEREFORE, in consideration of these and other covenants and agreements
between the parties, IT 15 HEREBY AGREED AS FOLLOWS:
1.. SNOW agrees to transfer all right, title and interest in and to its lawfully owned
property described in Exhibit "B" attached hereto and made part hereto to AR and AR
agrees to accept said transfer of all right, title and interest in and to the property owned
by SNOW as described in Exhibit "B" aforesaid_ Each party represents to the other that
the legal descriptions, boundaries and depictments of said tracts of land are true and
accurate.
RECEIVED I DEN I DVVQ
AQUIFP:P'panTPrTlnti ,gF_CTI0N
JUL 21 2010

2. As and for consideration for such transfer of right title and interest in and to the
property owned by SNOW to AR, SNOW shall receive a one- twelfth (1/'12th) interest in
and to AR.
3. SNOW shah receive a Preferred Return, which shall commence twelve (12) months
after the issuance of the certificate of occupancy for the project as follows:
(a) One Hundred Thousand ($100,000.00) Dollars per year for five (5) .years;
(b) Fifty Thousand ($50,000.00) Dollars for years six through ten or in the alternative,
one -twelfth (1/12th) of the Net Proceeds, whichever is greater for these years sax through
ten.
(c) Thereafter, payment of one -twelfth (1/12) of the Net Proceeds of the project for the
duration of the SNOW ownership interest_
4. SNOW shall have reserved for itself, its heirs, successors and assigns a duly recorded
right of way to be specifically identified over and across the fifty-four +/ = acres now
owned by AR as a result of the transfer of the SNOW property to AR by operation of this
Venture Agreement. Said right of way shall be for access to other SNOW property
adjoining the properties depicted in this Venture Agreement.
5. AR shall construct over the SNOW right of way referred to in paragraph 4 above to
its adjoining property an access road at the sole cost and expense of AR. Said access
road shall :include a gated entrance to the SNOW property.
6. In the event that the AR project is sold anytime prior to the payment to SNOW of the
Five Hundred Thousand Dollars( $500,000.00 ) as specified in paragraph 3(a) above,
SNOW shall receive one -twelfth (1/12th) of the Net Proceeds of the Sale of the project,
plus any remaining balance of Preferred Return of the first $500,000.00 referred to in
paragraph 3(a) above. No other payment would be due to SNOW in this envisioned
event.
7. The current members of AR will amend and restate the existing AR Operating
Agreement to convert AR from a single Member LLC to a multi member LLC ( the New
Operating Agreement), which in part will set out the following:
(a) SNOW will own a one -twelfth (1/12th) membership interest in AR;
(b) SNOW shall be paid a Preferred Return of One Hundred Thousand ($100,000.00)
Dollars commencing one year after issuance of the certificate of occupancy for the
project, continuing for five years;
(c) SNOW shall be paid as a Preferred Return in years six through ten Ehe sum of
$50,000.00 per year, or one -twelfth of the Net Proceeds of the project, whichever is
greater.

(d) In the cvmt of the sale of &e project prior to the payment of the MOOD.00
preferred rebut as set forth m the new Opeming Agmtme nt, SNOW shall .receive one -
twelfth of the a:tt!t pxoceeds of the sale of the pCO'Iect� plus the balance, if any, of the
Preferred Retum of $5M,000.00 due SNOW at the time of said sale.
REPR MMATIONS AND WARRANTI&
& SNOW spedf caUy- rWresenth and warrsrtts to AR as fcilows:
(a) SNOW has afk necessary power and au&ccnty to enter into this Venture Agreement
and tv peria m all the obhgatims to be perfofnwd by SNOW hereunder, and
(b) This Ventura Ag mern tt has beam duty and validly executed and dahveredi by
SNOW, mtstituting the valid and krBy bmdmg obhgahm of SNUM
9. AR spedficany represents and warrants to SNOW as foilow.T.
(a) AR his the fuH righ4 power and authority to acgm re the SNOW property and does
not need any further com= ds, job tar aeuharb abom frwn any govenurw ntal or
private entity, =q)om6w, partimmhip, fink, individual cr outer entity t,o execute,
deliver and perfearm its ohligatiam under this Venture met and to, cmmummate
the bmwactian con"IaWd hereby, md;
(b) This Venture Aft bas been duly and validly executed and delivered by AR
and this Ventmre Age !mmt carfttutes the valid and legally birding obhgatson by Alt,
10, The E fecEve Bate as used herein shall be the date on which the last party by this
Venture Aft era cutes saute.
11. This Venture Agreement obaU be cm srruted and meted according the k nvs of the
State of North Carobaa and venue with respect to any litigation sba41 be exclusively in
Watauga County, Nvath Cmulina_
12 The preparation of lair Venture Apvwmffd has been a joint effort of the panties and
the rusuftfng docru=ntsbakinot; sorely as a matter of judicial amistructn, be constraed
nwre scvereiy against one of the parties than the other,
SNOW FARhSr L..L..t_
D :
RECEIVED I DENR ! DWQ
AQUFFR PRnTF('Tr)N SFCT[0N

STATE OF NORTH CAROLINA
COUNTY OF WATAUGA
BEFORE ME, the undersigned notary public, lawfully authorized to take oaths and
acknowledgments, did appear before me Ronald Sayles, who identified himself to me
and who did state that he is the Manager of Appalachian Residences, LLC and has
lawful authority to execute documents for Appalachian Residences, LLC and who did
execute this Venture Agreement before me_
D day of July, 2010
9 �
Notary Public, State of North Carolina
My Commission Expires: g - 3 () - '2- 010
RECEIVED 1 DENR I DWQ
AQUIFFP-PP0TFr,T(0N SECTION
JUL 21 2010

STATE OF FLORMA
CDi7N Y OF DADE:
BEFORE ME, the wndereigrwd notary public, lawht!!y authorized to ta&C oaths and
aclmawledgments, did appear before me Matthew 8 Snowy, M.D., who identified
hirrm f to me and who slid state that he is the Managff of Snow Farms, LLC and has
lawf d authority to emecute docununts for Snow Farms, LLC and who did execute thss
Verdure Agreenumt before me,
Dated. this A=july,20MI0.
Notary PubSc, Sri Florida
My Coamiission Hacpire$=��
1Y co1y t6 201Y
EW Q.
RECEIVED I DENR I DWO
AOU FFP'PR()TP7lnN SECTION

EXHIBIT `A'
APPALACHIAN RESIDENCES, LLC
43.945 ACRES ACRE PARCEL
RECENED I DENR I DWQ
AQUIRPR-PROTFf'TnN gPCTION
JUL 91 2010

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Notes:
'J :^•o n a s—r ar dd of fhe LIMA Crem Crating inn— properfr 6swib!d in
ety:!rpd 2-W at Degre 372 and 675
3 S[ari7p are refafive to the wrath rdraCM State ii Ca! otnafe srefe,t
:eJS •il tr a tie to adJYNrk) Ayresv and are ti:of w to the rcAmt five
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f, ::arrr sds terds ara retarded rem Dmi bm ID of page J}lr Eked 6.0 f6 If
:diem eb`• drd WY fked " 72 Al page W ald Deed book JS at page Ua
't No Ott00n of TIO PftPWjj fe iref& of a PJgfl rii' flood dreg pa FEM f.6od
Inswame Rafe PRpa ter 4ratAW CorJnrf.
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l2J3✓5da ;- . ;�It i'i +a �.
po 019, pg, P60 .
Boundarr Division 5urver for
Lin vill e Creek,
Nf7'G"J7�v
_JU7P Crossing, Inc.
Brushy Fork Township -- Watauga County
North Carolina
Oecember 24, ROM
&ale 15 1''2001 r1:2¢001 _.
p 2pa raa spa earn
'1 4ari:an al r,Ffrtee of mxdJusted Iravara[ WcP r? L10,CGp*. A� .•-•-- ----
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120,09, HP
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art
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� 4p TA New River 5urveyors ^-165; lgig iwar 294 IN. Bai7m, Narfh Caraliro 96607 fe28J 266-9774 Jab rdo, 00196. 0elB6

EXHBIT `B'
SNOW FARMS, LLC
10 ACRE PARCEL
RECEIVED 1 DEN I DWQ
AQUiFPP'pRnTFCMnN ;FCTION
JUL 21 Z010

property of Iarrvilie-Creels Crossing, LLC and.bounded on the east by Mary Henson (DB„70, pg. 221) and
Snow Farm, LLC (BoR 1235, pg. 640); said 10.000 acres being surveyed by me, Russell C. Shaw, PLS L-
2899 and being shavers by that Plat recorded in Plat Book n , Page 31E of the Watauga County
Register of Deeds and more particularly described as:
BEGINNING on a 5/9 inch rebar set in the Snow Farm, LLC line, said iron being located North 07
degrees D2 minutes 50 seconds East 531.56 feet from a 5/8 inch rebar found, a common corner of
Linville Creek Crossing, Inc. and Snow Farm, LLC in the line of Paul Steven Loftin (BoR 1052, pg. 666);
THENCE from the beginning and along the Snow Farm, LLC line, North 07 degrees 02 minutes 50 seconds
East 292,78 feet to a 5/9 Inch rebar found in an old fence line; THENCE leaving said line and along the
line of Mary Henson, North 04 degrees 34 minutes 10 seconds East 548.70 fleet to a S/8 inch rebar set;
THENCE North 04 degrees 34 minutes 10 seconds East 22.05 feet to a 50 inch cucumber tree; THENCE
leaving said line and along the Hoy Phillips line, North 34 degrees 03 minutes 40 seconds West 37.24
feet to a 5/8 Inch rebar set; THENCE North 34 degrees 16 minutes 10 seconds West 297.57 fleet to a 5/8
inch rebar found; THENCE North 14 degrees 16 minutes 05 seconds East 108.45 feet to a s/ inch Pipe
found at a fence corner on the eastern side of Samuel Lane; THENCE North 35 degrees 53 minutes 10
seconds West 8.0D feet to the center of said road; THENCE leaving the Phillips fine, with the line of
Tract One of HENSON FARM and with the center of Samuel Lane and the center of a 45 feet wide right-
of-way the following four calls: 1) South 27 degrees 5D minutes 30 seconds West 29.09 feet; 2) South
32 degrees 21 minutes 05 seconds West 31.01 feet; 3) South 44 degrees 37 minutes 35 seconds West
35.64 feet; 5) South 4D degrees 07 minutes 15 seconds West 58.00 feet to a point located South 45
degrees 10 minutes 50 seconds East 22.65 feet from a 5/8 inch rebar set in the line of Tract one and
Two of HENSON FARM; THENCE continuing on with the center of said road, with the line of Tract Two
and the center of said 45 feet wide right-of-way the following ten calls: 1) South 38 degrees 15 minutes
15 seconds West 44.71 feet; 2) South 37 degrees 53 minutes 10 seconds West 42.53 feet; 3) South 41
degrees 30 minutes 05 seconds West 33.60 feet; 4) South 51 degrees b2 minutes 50 seconds West
35.19 feet; 5) South 58 degrees 11 minutes 20 seconds West 42.13 feet; 6) South 56 degrees 53
minutes 55 seconds West 31.51 feet; 7) South 53 degrees 14 minutes 15 seconds West 30.96 feet; 8)
South 35 degrees 32 minutes 50 seconds West 26.97 feet; 9) South 23 degrees 47 minutes 20 seconds
West 35.72 feet; 10) South 19 degrees 55 minutes 10 seconds West 20.43 feet to a point located
South 61 degrees 02 minutes 40 seconds East 22.78 feet from a 5/8 inch rebar set in the line of Tract
Two and 'tract Three of HENSON FARM; THENCE continuing with the center of said road, with the line of
Tract Three and with the center of said 45 feet wide right-of-way the following eleven calls: 1) South 19
degrees 55 minutes 10 seconds West 17.63 feet; 2) South 26 degrees 21 minutes 55 seconds West
33.19 feet,- 3) South 34 degrees 53 minutes 45 seconds West 37.10 feet; 4) South 41 degrees 52
minutes 30 seconds West 36.41 feet; 5) South 45 degrees 01 minute 55 seconds West 38.50 feet; 6)
South 37 degrees 33 minutes 30 seconds West 33.37 feet; 7) South 13 degrees 04 minutes 20 seconds
West 21.09 feet; 8) South 28 degrees 37 minutes 45 seconds East 42.62 feet; 9) South 48 degrees 53
minutes 40 seconds East 22.22 feet; 10) South 58 degrees 46 minutes 25 seconds East 27.11 feet; 11)
South 74 degrees 03 minutes 1.0 seconds East 12.05 feet to the intersection of said road with a graveled
driveway; THENCE leaving HENSON FARM, continuing with the center of Samuel Lane and with the
center of said 45 feet wide right-of-way and with new lines through Linville Creek Crossing, Inc. the
following twelve calls: 1) South 74 degrees 03 minutes 10 seconds East 22.94 feet; 2) South 74 degrees
23 minutes 00 seconds East 16.90 feet; 3) South 53 degrees 22 minutes 10 seconds fast 24.41 feet; 4)
South 32 degrees 10 minutes 50 seconds East 24.94 feet; 5) South 15 degrees 13 minutes 05 seconds
East 18.93 feet; 6) South 00 degrees 33 minutes 10 seconds West 20.13 feet; 7) South 09 degrees 09
RECEIVED / DENR / DWQ
AQUFP PRC)TPC TI0N SECTION
JUL 2 1 2010

leaving,saia roaa ane wim a new tine, bourn Ub aegrees 41 minutes l.5 seconds vvesT /.6.44 Teet To a ]f is
inch rebar set THENCE South a6 degrees 41 minutes 5•seconds-West 79.72 feet to a-5/8 inch rebar-
set; THENCE South 62 degrees 32 rninLites 10 seconds East 520.68 -feet to the BEGINNING, bearings
being relative to the North Carolina State Plane Coordinate system, NAD '83 and rounded to the nearest
five seconds. All measurements are horizontal.
AiSawriveyed berewith for the benefit and use of Grantee is. a 45 feet wide right-of-way -
way leading southerly from U.S. highway 421/321 through the Linville Creek Crossing, Inc. property
described In Book 1360 of Records at page 572 and 575 and through HENSON FARM, a subdivision
shown in Plat Book 021 at page 312, and now being known as the Samuel Lane; said right-of-way being
surveyed by Russell C. Sharon, PLS L-2899 and being more particularly described as:
EASTERN MARGIN OF A NEW 45 FEET WIDE RIGHT-OF-WAY:
BEGINNING in the center of U.S. Highway 421, said beginning point located South ,52 degrees 34
minutes 00 seconds East 431..16 feet from a Y. inch pipe found on the southern side of the said highway,
a common corner of Linville Creek Crossing, inc. and Mark ©'Keefe (BoR 1280, pg. 887); THENCE from
the beginning, leaving said highway, along the line of Mrs. Hoy Phillips and with the eastern margin of a
45 feet wide right-of-way the following five calls: 1) South 09 degrees 29 minutes 50 seconds West
28.61 feet to a % inch pipe found on the southern edge of the highway; 2) South 09 degrees 44 minutes
50 seconds West 22.23 feet to a % inch pipe found in a graveled driveway; 3) South 09 degrees 26
minutes 00 seconds West 148.98 feet to a h inch pipe found in said road; 4) South 20 degrees 26
minutes 10 seconds West 32.81 feet to a 5/8 inch rebar found in said road; 5) South 30 degrees 30
minutes 55 seconds West 90.1.0 feet to a 3A inch pipe found at a fence corner along the eastern side of
said road, said iron being located North 55 degrees 49 minutes 55 seconds West 73.92 feet from a
inch pipe found; THENCE leaving the Phillips line and the eastern margin of said 45 feet wide right-of-
way, North 35 degrees 53 minutes 10 seconds West 9.00 feet to the point of BEGINNING of a new 45
feet wide right-of-way:
CENTER OF A NEW 45 FEET WIDE RIGHT-OF-WAY:
BEGINNING in the center of a graveled road now named Samuel Lane and running with the
center of said road and with the Center of a 45 feet wide right-of-way the following four calls: 1) South
27 degrees 50 minutes 30 seconds West 29.09 feet; 2) South 32 degrees 21 minutes 05 seconds West
31.01 feet; 3) South 44 degrees 37 minutes 35 seconds West 35.64 feet; 5) South 40 degrees 07
minutes 15 seconds West 58.00 feet to a point located South 45 degrees 10 minutes 50 seconds East
22.65 feet from a 5/8 Inch rebar set; THENCE continuing on with the center of said road and the center
of said 45 feet wide right-of-way the following ten calls: 1) South 38 degrees 15 minutes 15 seconds
West 44.71 feet; 2) South 37 degrees 53 minutes 10 seconds West 42,53 feet; 3) South 41 degrees 30
minutes 05 seconds West 33.60 feet; 4) South 51 degrees 02 minutes 50 seconds West 35.19 feet; 5)
South 58 degrees 11 minutes 20 seconds West 42-13 feet; 6) South 56 degrees 53 minutes 55 seconds
West 31.51 feet; 7) South 53 degrees 14 minutes 15 seconds West 30.96 feet; 8) South 35 degrees 32
minutes 50 seconds West 26.97 feet; 9) South 23 degrees 47 minutes 20 seconds West 35.72 feet; 10)
South 19 degrees 55 minutes 10 seconds West 20.43 feet to a point located South 61 degrees 02
minutes 40 seconds East 72.78 feet from a 5/8 inch rebar set; WHENCE continuing with the center of
said road and with the center of a 30 feet wide right-of-way the following eleven calls: 1) South 19
degrees 55 minutes 10 seconds West 17.63 feet; 2) South 26 degrees 21 minutes 55 seconds West
33.19 feet; 3) South 34 degrees 53 minutes 45 seconds West 37-10 feet; 4) South 41 degrees 52

degrees 13 4ninuins M-seconds East 18.93 feet; G) South Q0 degrees 33 minutes 10 seconds West
20.13 feet; 7) South 09 degrees 019 minutes Q5 seconds West 32.78 feet; 8) South 14 degrees 07
minutes 15 seconds West 30.24 feet; 9) South 0D degrees 00 minutes 50 seconds West 28.39 feet; 10)
South 26 degrees 35 minutes 20 seconds East 22.49 feet; 1.1) South 44 degrees 42 minutes to seconds
East 26.88 feet; 12) South 49 degrees 26 minutes 50 seconds East 30.04 feet to a point located North
44 degrees 00 minutes 25 seconds Cast 22.54 feet from a 5/8 inch rebar set; THENCE continuing with
said road and with the center of said 45 feet wide right-of-way the following nine calls: 1) South 50
degrees 42 minutes 55 seconds East 24.52 feet; 2) South 35 degrees 14 minutes 35 seconds East 17.94
feet; 3) South 08 degrees 51 minutes 00 seconds East 1.7.02 feet; 4) South 21 degrees 17 minutes 00
seconds West 18.78 feet; S) South 54 degrees 01 minute 55 seconds West 18.71 feet; 6) South 72
degrees 06 minutes 30 seconds West 19.27 feet; 7) South 83 degrees 09 minutes 40 seconds West
7-2.77 feet; 8) South 84 degrees 31 minutes 10 seconds West 22.74 feet; 9) North 82 degrees 22
minutes 25 seconds West 26.59 feet to a point located South 44 degrees 00 minutes 25 seconds West
25.35 feet from a 5/8 inch rebar set; THENCE continuing with the same the following two calls: 1) North
60 degrees 27 minutes 15 seconds West 35.06 feet; 2) North 45 degrees 36 minutes 25 seconds West;
30.20 feet to the point of BEGINNING of a new 30 feet wide right-of-way and located North 06 degrees
41 minutes 15 seconds East 28.44 feet from a 5/8 inch rebar found;
Grantee shall be responsible for their pro rata share of maintenance of the private road
providing.acsess to NC Highway 421., based on the number of homesites served by said road.
Grantor reserves the right to. place underground utilities within the right of way of the private
road and within fifteen feet (15') of the boundary of said right of way.
jGrantee hereby agrees that no trailer or mobile home of any description, tent, shack or temporary
structure, shall be placed, constructed or erected on any lot. No basement or partially completed
building shall be used as a residence for dwelling purposes, either permanently or temporarily.
This conveyance is also made subject to the 45 foot right of way along the western margin of the
property conveyed herein and as shown on that certain Plat recorded in Plat Book JZ/- Page 32e on
March 31., 2009, with 22.5 feet being on the 10 acres conveyed herein and 22.5 feet being on the
property joining this property on the west.
Company/Amanda/Property/Descriptions/Spoor Farm, Ll.0 6561-002 revised

RECEIVED ! DENR i DVVQ �' .:'21s
Aquifer Pmteczion S?rtion
T. . 4�i
yr t
! ; MV
PROPOSED `l 1J
(3iADING (TYP} a'' ,t' �• •� .
f 3V SETBACK TO ANY OPEN
CUT SLOPE FROM
IRRIGArON AREAS REQUIRED-
Fpkw<. f
r
GREENE, JOHN E
1981-47-0560-000
r-
.4�
\\\� COMPLIANCE
R@VIEW A y
COMPUANCE BOUNDARY �
\`\ f SURFACE WATER
._-�-_
WAS7EVATER SEMACK W 3
-..--_-_-_ SPRING EI N
SOIL MAP URR BOLNOARY �
I , fti F
SU17ABLE SOIL ARF_h,5 PER }{
PROJECT SOIL SCIENTISM
L { G PUBLIC WATER SUPPLY WELL
ws--Z (I00' 5E1`BACI: RADIUSSHOtMN)
INTERNAL PROPERTY LIME TO BE
REMOVED UPON CLOSING OF ! ��'N'I GROPO5E0 MONITORING WELL
.,� REAL ESTATE ITE
TRANSACTION jl
,T ti BETWEEN SNOW FARMS. LLC AND
S APPALACHAIN RESIDENCES, y. \
PARCELS TO BE RECOMBINED
d' f --v PRIOR TO PERMIT JSSUANCE.
HENSON, MARY G
1981-57-4363-000
PROPOSED
GRADING (TYP)
Ai
k U I
/ ../' � , r-f��f^, � •..1!! ,s/B yr. ] �J ///., - � _ �rT 1�rF ,
DAY
/ r -- �' S , l��-, . ••� r u. -STORAGE TANK
SCHINOLER, 1ANEEN 5 f _ -' 4' t I SNQIM1J'pA'f�MS kLC .- f
�'-
1981 36 0761 OC10 .: /, - �� fi' ' — ,• _ 1981:5� k'150 040 I
y' - 1-0,90 AC p
!; f - i�I.— a J •''- Y�F JJ . INTERNAS. PROPERTY LIME TO BE
''Y REMOVED UPON CLOSING OF
REAL ESTATE TRANSACTION
-{k , , 'C `-� AIf _ BETWEEN SNOW FARMS. LLL AND
� r - _ --- APPALACHAIN RESIDENCES.
PARCELS TO BE RECOMBINED
PRIOR TO PERMIT ISSUANCE.
ARPAI+ACHIAN RESIDENCES, LkC
i981 47-1�3 000,
'�M _/-'�! £ ? 1� 1f �•�T "» ' . Y SNOW FARM, TLC
1961-56-8394-000
LOFLIN, PAUL STEVEN
1981-55-0236-000 }r
YATES, MARY C
1981-35-2266-000
i
t ` ,
} It
f �I
SOIL MAP UNITS
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1'IU� EDNEYFOwN-BULADEAN FINE LOAMY VARIANT COMP! EX
MlJ3 PIGEONRODST-SAURATpWN COMPLEX
}VIuC SAUNOOK-TATE COMPLEX
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