WQ0018708_Final Permit_20200402

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
JACK CARLISLE — MANAGER
REDBIRD LAND COMPANY, LLC
8620 RIVER ROAD
WILMINGTON, NORTH CAROLINA 28412
Dear Mr. Carlisle:
NORTH CAROLINA
Environmental Quality
April 2, 2020
Subject: Permit No. WQ0018708
Baytree Lakes WWTP
Wastewater Irrigation System
Bladen County
In accordance with your permit change of ownership request received January 13, 2020, we are
forwarding herewith Permit No. WQ0018708 dated April 2, 2020, to Redbird Land Company, LLC for the
operation of the subject wastewater treatment and irrigation facilities.
The following modifications to the subject permit are as follows: The permittee has changed from
Lake Creek Corporation to Redbird Land Company, LLC.
This permit shall be effective from the date of issuance through February 28, 2026, shall void
Permit No. WQ0018708 issued February 3, 2009, and shall be subject to the conditions and limitations
therein. The Permittee shall submit a renewal application no later than September 1, 2025.
Please pay attention to the monitoring requirements listed 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.
This permit contains several unique conditions that require your attention:
➢ Condition 1. 1. — A no -tap moratorium shall be imposed on Baytree Lakes WWTP until such
time that the wastewater treatment plant is upgraded or the collection system is
upgraded/repaired to minimize inflow and infiltration (I & 1) and an Engineering Certification
is provided to the Division of Water Resources. The upgrade to the wastewater system or
collection system shall be adequate to handle the amount of waste generated by the Baytree
Lakes community and maintain compliance with the flow limits outlined in the permit.
➢ Condition I.2. — Within 15 days of receipt of this permit, the attached Notification of Sewer
Moratorium letter and Public Notice shall be published in the local newspaper. Certification
shall be sent to the Division of Water Resources — Fayetteville Regional Office, at the address
provided on the moratorium letter, indicating the date that the Public Notice has been published.
D E Q�� 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
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Mr. Jack Carlisle
April 2, 2020
Page 2 of 2
➢ Condition I.3. — Within 15 days of receipt of this permit, Redbird Land Company, LLC shall
contact the Fayetteville Regional Office to schedule a site visit so a reconnaissance can be made
of the Baytree Lakes community to confirm the number of homes currently in existence and
document the number of homes currently under construction. Until this no -tap moratorium is
rescinded by the Division of Water Resources, no new connections shall be made to the
collection system. Contact Trent Allen at the Fayetteville Regional Office at [phone]
to schedule the site visit.
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,
S. Daniel Smith, Director
Division of Water Resources
cc: Bladen County Health Department (Electronic Copy)
Fayetteville 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
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
Redbird Land Company, LLC
Bladen County
FOR THE
operation of a 30,000 gallon per day (GPD) wastewater treatment and irrigation facility consisting of the:
construction and operation of a 10,000 GPD wastewater treatment facility consisting of. a splitter box; a
6,500 gallon aeration tank; a clarifier; a 5,000 galloon sludge storage tank; and all associated piping, valves,
controls, and appurtenances; and the
continued operation of a 20,000 GPD wastewater treatment and irrigation facility consisting of. an influent
flow meter; a bar screen; a 4,400 gallon extended aeration plant; a 1-acre storage lagoon with at least 30-
days of effluent storage (approximately 1.2 million gallons); a hypo -chlorite injection disinfection system;
5.08 acres of spray irrigation area on costal Bermuda containing twenty 81.5 gallon per minute (GPM)
spray irrigation heads and ten 108.5 GPM spray irrigation heads with a spray diameter of 130 feet; and all
associated piping, valves, controls, and appurtenances
to serve the Baytree Lakes WWTP, with no discharge of wastes to surface waters, pursuant to the
application received January 13, 2020, 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 February 28, 2026, shall void Permit No.
WQ0018708 issued February 3, 2009, and shall be subject to the following conditions and limitations:
I. SCHEDULES
A no -tap moratorium shall be imposed on Baytree Lakes WWTP until such time that the wastewater
treatment plant is upgraded or the collection system is upgraded/repaired to minimize inflow and
infiltration (I & 1) and an Engineering Certification is provided to the Division of Water Resources.
The upgrade to the wastewater system or collection system shall be adequate to handle the amount of
waste generated by the Baytree Lakes community and maintain compliance with the flow limits
outlined in the permit. [15A NCAC 02T .0108(b)(1)(B)]
2. Within 15 days of receipt of this permit, the attached Notification of Sewer Moratorium letter and
Public Notice shall be published in the local newspaper. Certification shall be sent to the Division of
Water Resources — Fayetteville Regional Office, at the address provided on the moratorium letter,
indicating the date that the Public Notice has been published. [15A NCAC 02T .0108(b)(1)(B)]
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3. Within 15 days of receipt of this permit, Redbird Land Company, LLC shall contact the Fayetteville
Regional Office to schedule a site visit so a reconnaissance can be made of the Baytree Lakes
community to confirm the number of homes currently in existence and document the number of homes
currently under construction. Until this no -tap moratorium is rescinded by the Division of Water
Resources, no new connections shall be made to the collection system. Contact Trent Allen at the
Fayetteville Regional Office at [phone] to schedule the site visit. [15A NCAC 02T
.0108(b)(1)(B)]
4. Upon completion of construction and prior to operation of the permitted modifications, the Permittee
shall submit an engineering certification from a North Carolina licensed Professional Engineer
certifying that the permitted facility has been constructed in accordance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and
specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility
to track further construction approved under this permit, and shall provide a final engineering
certification upon project completion. Mail the Engineering Certification to the Division of Water
Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-
Discharge.Reportskricderingov. [15A NCAC 02T .0116(a)]
5. The Permittee shall notify the Fayetteville Regional Office, telephone number [phone], at least
two business days in advance of initial operation of the constructed facilities so that the Division can
conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)]
6. Prior to operation of the modified facilities, a Final Operation and Maintenance Plan shall be submitted
for review. The plan shall be sent to the Division of Water Resources, Non -Discharge Branch, 1617
Mail Service Center, Raleigh, NC 27699-1617 [e-mail]. [15A NCAC
02T .0108(b)(1)(B), 02T .0507(a)]
7. The Permittee shall request renewal of this permit on Division -approved forms no later than September
1, 2025. [15A NCAC 02T .0105(b), 02T .0109]
II. PERFORMANCE STANDARDS
1. The Permittee shall maintain and operate the subject non -discharge 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, or failure of the irrigation areas to 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. [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 quality shall not exceed the limitations specified in Attachment A. [ 15A NCAC 02T .0505(b)]
5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)]
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6. Wastewater irrigation fields permitted on or after December 30, 1983 have a compliance boundary that
is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary,
whichever is closest to the wastewater irrigation area. 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(d)(2), 02L .0107(b), 02T .0105(h),
G.S. 143-215.1(i), G.S. 143-215.1(k)]
7. The review boundary is midway between the compliance boundary and the wastewater irrigation area.
Any exceedance of groundwater standards at or beyond the review boundary shall require preventative
action. [15A NCAC 02L .0106(d)(1), 02L .0108]
8. 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)]
9. 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]
10. 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 Bladen
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)]
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11. The facilities herein were permitted per the following setbacks:
a. The irrigation sites were originally permitted August 22, 2001. The setbacks for spray irrigation
sites originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all
distances in feet):
i. Each habitable residence or place of assembly under separate ownership:
4001
ii. Each private or public water supply source:
100
iii. Surface waters:
100
iv. Groundwater lowering ditches:
100
v. Surface water diversions (upslope):
100
vi. Surface water diversions (downslope):
100
vii. Each well with exception of monitoring wells:
100
viii. Each property line:
150 2
ix. Top of slope of embankments or cuts of two feet or more in vertical height:
15
x. Each water line:
10
xi. Each swimming pool:
100
xii. Public right of way:
50
xiii. Nitrification field:
20
xiv. Each building foundation or basement:
15
' 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 02H .02190)(5)]
b. The 20,000 GPD storage and treatment units were originally permitted August 22, 2001. The
setbacks for storage and treatment units originally permitted or modified from February 1, 1993 to
August 31, 2006 are as follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 1001
ii. 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
vi. Nitrification field: 20
' 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
Pennittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .02190)(5)]
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c. The 10,000 GPD expansion treatment units were originally permitted February 3, 2009. The
setbacks for storage and treatment units originally permitted or modified from September 1, 2006
to August 31, 2018 are as follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 1001
ii. 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
' 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 02T .0506(b), 02T .0506(e), 02T .0506(f)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC
02T .0500]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational
functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T
.0507(a)]
3. 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. 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 02T
.0507(b)]
5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02T .0507(c)]
6. 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 02T .0505(x)]
7. Irrigation equipment shall be tested and calibrated once per permit cycle. [ 15A NCAC 02T .0507(d)]
8. Only treated effluent from the Baytree Lakes WWTP shall be irrigated on the sites listed in Attachment
B. [15A NCAC 02T .0501]
9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [15A NCAC 02T .0507(e)]
10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities.
[15A NCAC 02T .0505(q)]
11. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC
02T .0508, 02T .I 1001.
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12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .05050)]
13. Freeboard in the 1-acre storage lagoon shall not be less than two feet at any time. [15A NCAC 02T
.0505(d)]
14. A gauge to monitor waste levels in the 1-acre storage lagoon shall be provided. This gauge shall have
readily visible permanent markings, at inch or tenth of a foot increments, indicating the following
elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid
level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam.
[15A NCAC 02T .0507(f)]
15. 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 02T .0507(g)]
16. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0507(d)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. 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 treated effluent 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 effluent irrigated. 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. 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., waste level to the lowest embankment elevation) in the 1-acre storage lagoon 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)]
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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 Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(l)]
8. 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 02T .0508(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. Visual observations of the plant and plant site; and
d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
[15A NCAC 02T .0507(h)]
10. Monitoring wells MW-1, MW-2, MW-3, and MW-5 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)]
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12. 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 five
years, and shall be made available to the Division upon request. Each 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
[15A NCAC 02T .0108(c)]
13. Noncompliance Notification:
The Permittee shall report to the Fayetteville 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 facility failure resulting in a discharge to 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.
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 Fayetteville 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)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and irrigation facilities. [15A NCAC 02T .0507(i)]
2. The Permittee shall inspect the wastewater treatment and irrigation 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 02T
.0507(h), 02T .0507(i)]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and irrigation 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)]
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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
02T;
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]
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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. 143-215.613, 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 2nd day of April 2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
7"� -2),
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0018708
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Permit No. WQ0018708
Redbird Land Company, LLC
Baytree Lakes WWTP
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
Wastewater Irrigation System
April 2, 2020
Bladen County
I, , as a duly licensed North Carolina Professional
Engineer, having ❑ periodically / ❑ fully observed the construction of the permitted facilities, do hereby
state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and
specifications.
Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the
attached as -built drawings.
Description of variations:
Professional Engineer's Name
Firm Name
Firm No.
Address
City
State
Zip Code
Telephone
Email Ak
Seal, Signature, and Date
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
NON -DISCHARGE BRANCH
By U.S. Postal Service By Courier/Special Delivery
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
WQ0018708 Version 2.2 Shell Version 200201 Page I I of I I

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ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001— WWTP Effluent
Permit Number: WQ0018708 Version: 2.2
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCS
Code
parameter Description
Units of
Measure
Monthly
Average
Monthly
Geometric Mean
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
00310
BOD, 5-Day (20 °C)
mg/L
Monthly
Grab
00940
Chloride (as Cl)
mg/L
9r
3 x Year
Grab
50060
Chlorine, Total Residual
mg/L
Per Event 2
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
Monthly
Grab
50050
Flow, in Conduit or thru Treatment Plant
GPD
20,000 / 30,000 s
Continuous
Recorder
00610
Nitrogen, Ammonia Total (as N)
mg/L
Monthly
Grab
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L
Monthly
Grab
00620
Nitrogen, Nitrate Total (as N)
mg/L
Monthly
Grab
00600
Nitrogen, Total (as N)
mg/L
Monthly
Grab
00400
pH
su
Per Event 2
Grab
00665
Phosphorus, Total (as P)
mg/L
Monthly
Grab
70300
Solids, Total Dissolved —180 °C
mg/L
3 x Year
Grab
00530
Solids, Total Suspended
mg/L
*
j
Monthly
Grab
1. 3 x Year sampling shall be conducted in March, July, and November
2. Per Event sampling shall be conducted per irrigation event, but shall not exceed 5 x Week.
3. Flow shall be increased to 30,000 GPD when an Engineer's Certification for the permitted 10,000 GPD modification is received, and effluent limits for BOD, Fccal Coliform, Ammonia, and
Total Suspended Solids pursuant to 15A NCAC 02T .0505(b)(1) shall be implemented.
WQ0018708 Version 2.2 Attachment A Page 1 of 1

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ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS
Redbird Land Company, LLC — Baytree Lakes WWTP
Permit Number: WQ0018708 Version: 2.2
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Field
Owner
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
Hourly
Rate
Yearly
Max
Units
1
Redbird Land Company, LLC
Bladen
34.6906670
-78.4231110
5.08
WgB
01284 — Non -Discharge Application Rate
0.25
105.8
inches
Totals
5.08
WQ0018708 Version 2.2 Attachment B Page 1 of 1

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ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS
Monitoring Wells: MW-1, MW-2, MW-3, and MW-5
Permit Number: WQ0018708 Version: 2.2
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
PCS Code
Parameter Description
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
00680
Carbon, Tot Organic (TOC)
mg/L
3 x Year
Grab
1,6
00940
Chloride (as Cl)
250
mg/L
3 x Year
Grab
1
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
3 x Year
Grab
1
00610
Nitrogen, Ammonia Total (as N)
1.5
mg/L
3 x Year
Grab
1
00620
Nitrogen, Nitrate Total (as N)
10
mg/L
3 x Year
Grab
1
00400
pH
6.5-8.5
su
3 x Year
Grab
15 2
00665
Phosphorus, Total (as P)
mg/L
3 x Year
Grab
1
70300
Solids, Total Dissolved - 180 °C
500
mg/L
3 x Year
Grab
1
82546
Water Level, Distance from measuring point
feet
3 x Year
Calculated
15 25 3
1. 3 x Year monitoring shall be conducted in March, July, and November.
2. The measurement of water levels shall be 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
pH shall be made 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 measuring point for each monitoring well. The measuring points (top of
casing) of all monitoring wells shall be surveyed relative to a common datum.
4. If TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysis shall be conducted to identify the individual constituents comprising
this TOC 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 exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above.
5. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment.
WQ0018708 Version 2.2 Attachment C Page 1 of 1

Figure 1 - Baytree Lakes WWTP

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Jack Carlisle
Redbird Land Company LLC
d/b/a Baytree Lakes WWTP
8620 River Road
Wilmington, North Carolina 284I2
Dear Mr. Carlisle:
NORTH CAROLINA
Environmental Quality
March 20, 2020
Subject: Notification of Sewer Moratorium
Baytree Lakes WWTP
Permit WQ0018708
Bladen County
The Division of Water Resources (hereby known as the Division) has determined that the Baytree Lakes
Wastewater Treatment Plant (WWTP) is unable to adequately collect and treat wastewater tributary to its
wastewater treatment facility based on flows it receives on a daily basis. This determination is based on
the condition that Baytree Lakes WWTP is unable to comply with the current operation of a 20,000
gallons per day (GPD) wastewater treatment and irrigation facility as set forth in Permit Number
WQ0018708. The treatment system can no longer treat and assimilate the wastewater that is received
from the collection system which contributes to the noncompliance of the Non -Discharge permit.
North Carolina General Statute § 145-215.67(a) states, in part, that no person subject to the provision of
NCGS I43-215.1, 143-215.I08, or 143-214.109 shall cause or allow the discharge of any wastes to a
waste -disposal system in excess of the capacity of the disposal system or of any wastes which the waste -
disposal system cannot adequately treat. Should these terms be violated, NCGS 143-215.67 states a
moratorium can be imposed "on the addition of waste to a treatment works" if the treatment works is not
capable of adequately treating additional waste.
Based upon the facts and determination noted above, the Baytree Lakes WWTP is hereby placed on a
moratorium prohibiting the introduction of any additional waste to the collection system tributary to the
Baytree Lakes WWTP. This is to be interpreted as to prohibit the issuance of permits for new sewer lines
to be connected to the WWTP, any new connections to the existing collection system, and/or the
introduction of significant volumes of new wastewater flow via existing taps (subject to the provisions of
the statute).
This moratorium will remain in effect until Redbird Land Company LLC has upgraded (design flow
increase) the Baytree Lakes WWTP sufficiently to handle and treat the volume of incoming wastewater
generated by the Baytree Lakes development or upgraded the collection system to minimize inflow and
infiltration (I & 1) to comply with the flow limits of the permit. The upgrades will need to be certified by a
North Carolina registered engineer stating that all upgrades are constructed consistent with modifications
issued under permit WQ0018708. The moratorium will be rescinded when Redbird Land Company LLC
has demonstrated it can adequately control wastewater flowing to the Baytree Lakes WWTP consistent
with the flow limits in permit WQ0018708 and has obtained written notification from the Division of
Water Resources suspending the moratorium.
North Carolina Department of Environmental Quality I Division of Water Resources
DP E Q fayettevllle Regional office 1 225 Green Street. Suite 7l41 Fayetteville. North Carolina 28301
onwern�rnwuwpn 910.433.3300

As required by NCGS 143-215.57(d), Redbird Land Company LLC shall give public notice that a
moratorium will be placed so that no additional flow can be added to the Baytree Lakes W WTP within 15
days of the receipt of this letter. Redbird Land Company LLC shall give public notice of the moratorium
by publication of the notice one time in a newspaper having general circulation in the county in which the
treatment works are located in, i.e. Bladen County. The notice shall be as provided in the attached,
sample public notice.
Redbird Land Company LLC shall provide an affidavit of publication and a copy of the public notice to
the Division within 15 days of the publication of the Public Notice.
Redbird Land Company LLC shall contact the Fayetteville Regional Office within 7 days of
receipt of this letter to schedule a site meeting so a site survey can be performed to determine the
number of existing residences currently discharging to the Baytree Lakes W WTP and to identify
the number of residences currently under construction prior to the 15 April 2020 moratorium
deadline.
Placement of the public notice in no way absolves Redbird Land Company LLC from past or present
violations of North Carolina General Statutes. Failure to place the public notice may subject Redbird
Land Company LLC to additional enforcement action by this office. If the public notice is not published
within 15 days of receipt, then the Division of Water Resources will place said public notice of the
moratorium by publication of the notice one time in a newspaper having general circulation in the county
in which the treatment works are located in, i.e. Bladen County
Correspondence pertaining to this moratorium should be sent to the Division at the address listed at the
bottom of this letter. If you have any questions about this letter, please contact Trent Allen at 910-433-
3336 or via email at [e-mail].
Sincerely,
BocuSignedd by,
5189C2D3D1150429..
Trent Allen, Regional Supervisor
Division of Water Resources — Water Quality Programs
Attachment
cc: S. Daniel Smith, Director — Division of Water Resources
Nathaniel Thornburg, Branch Chief — Non Discharge Permitting
S. Jay Zimmerman, Section Chief - Regional Office Operations
Central Files — WQ0018708
North Carolina Department of Environmental (Reality j Division of Water Resources
Fayetteviile Regional office j 225 Green Street, Suite 7 14 1 Fayetteville, North Carolina 28301
910 — 433-3300

PUBLIC NOTICE
SEWER MORATORIUM
Baytree Lakes Wastewater Treatment Plant — WQ0018708
Baytree Wastewater Treatment Plant in $laden County cannot accept the discharge of additional waste to
the Baytree Wastewater Treatment effective 15 April 2020 due to non -compliant wastewater flows
exceeding the current permit limit of 20,000 gallons per day (GPD) due to the number of homes currently
constructed in the Baytree Lakes development and inadequate maintenance of the existing wastewater
collection system. Therefore, Baytree Lakes Wastewater Treatment Plant is hereby placed on a sewer
moratorium at its wastewater treatment plant effective 15 April 2020.
On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of
North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina
Environmental Management Commission has determined that the Baytree Lakes Wastewater Treatment
Plant is unable to adequately collect and treat waste tributary to its wastewater treatment facility.
North Carolina General Statute 143-215.67(a) directs that no person subject to the provision of NCGS
143-215.1, 143-215.108 or 143-214.109 shall cause or allow the discharge of any wastes to a waste -
disposal system in excess of the capacity of the disposal system or of any wastes which the waste -disposal
system cannot adequately treat. The moratorium on additional sewer connections will remain in effect
until the Baytree Wastewater Treatment Plant has rectified the current noncomp] iant condition of the
facility and has obtained permission from the North Carolina Environmental Management Commission
suspending the moratorium.
Permits and other information may be inspected during normal office hours at the Division of Water
Resources, Fayetteville Regional Office at 225 Green Street— Suite 714, Fayetteville, North Carolina
28301, telephone [phone], Copies of information on file are made available for review and
reproduction or scanning. Payment of the costs of reproduction are at the time of reproduction, invoices
will not be mailed.
Questions regarding the status of the sewer moratorium should be directed to Mr. Jack Carlisle, Baytree
Lakes Wastewater Treatment Plant at 919-818-7078.
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Ofree 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
910 — 433-3300

RECEIVED/NCDEQ/DWR
OPERATING AGREEMENT JAN 13 2020
OF
REDBIRD LAND COMPANY, LLC Non -Discharge
r'—Wing Unit
THIS OPERATING AGREEMENT OF REDBIRD LAND COMPANY, LLC (this
"Agreement"), dated as of August _, 2015, is made by and among JACK J. CARLISLE, an
individual resident of North Carolina ("Carlisle"), D. STEPHEN JONES, JR., an individual
resident of North Carolina ("Jones", and together with Carlisle, sometimes collectively referred to
herein as the "Members"), and REDBIRD LAND COMPANY, LLC, a North Carolina limited
liability company (the "Company").
WITNESSETH:
WHEREAS, the Company is a limited liability company created under the provisions of
the North Carolina Limited Liability Company Act for the purposes hereinafter described; and
WHEREAS, the Members consist of all of the members of the Company as of the date
hereof; and
WHEREAS, the Members desire to set forth herein their respective rights, duties,
obligations, and responsibilities with respect to the Company;
NOW, THEREFORE, in consideration of the mutual promises, obligations, and
agreements contained herein, the parties hereto, intending to be legally bound, do hereby agree as
follows:
SECTION 1. Formation of Limited Liability Company
The Company was formed on February 9, 2015, upon the filing of its Articles of
Organization with the North Carolina Secretary of State in accordance with the North Carolina
Limited Liability Company Act (the "Act"). The Members agree to do or cause to be done all such
filing, recording, or other acts as may be necessary or appropriate from time to time to comply with
the requirements of the Act and any other applicable law for the formation and operation of a
limited liability company in the State of North Carolina and any such requirements in any other
jurisdiction in which the Company may do business.
SECTION 2. Name, Principal Place of Business, and Registered Office and Agent
2.1 Name. The name of the company is Redbird Land Company, LLC. The
Company may adopt such trade or business names as the Members shall consider appropriate.
2.2 Place of Business and Registered Office and Agent. The principal place of
business shall be 33 West Bay Ridge Road, Harrells, North Carolina 28444 or such place as the
Company may designate. The registered agent and registered office of the Company shall be H.
Clifton Hester at 115 Courthouse Drive, Elizabethtown, North Carolina 28337.
69124305

SECTION 3. Purpose of Company
Unless otherwise limited by the Company's Articles, the business and purposes of the
Company shall be to engage in any lawful business and to engage in any and all business activities
that the Members owning a majority of the Percentage Interests may from time to time deem to be
in the best interests of the Company, including without limitation the acquisition, ownership and
management or real estate, securities or any other property. Subject to the terms of this
Agreement, the Company shall have all powers of the limited liability company, including without
limitation, those set forth in Section 57C-2-02 of the North Carolina General Statutes.
SECTION 4. Term
The term of the Company commenced upon the filing of the duly executed Articles of
Organization in the office of the Secretary of State of North Carolina and shall continue until the
Company is liquidated and dissolved pursuant to the provisions of Section 18, hereof.
SECTION 5. Definitions
For purposes of this Agreement, each of the following terms, when used with an initial
capital letter, shall have the meaning hereinafter provided.
5.1 "Agreement" means this Operating Agreement of Redbird Land Company, LLC.
5.2 "Capital Account" means the account maintained for each Member in accordance
with Section 7.3 of this Agreement.
5.3 "Code" means the Internal Revenue Code of 1986, as amended from time to time.
5.4 "Defaulting Event" shall mean (i) a general assignment by a Member for the
benefit of creditors; (ii) the appointment of a receiver, trustee, or custodian for all or any
substantial part of the property and assets of a Member; (iii) the entry of an order for relief under
Federal bankruptcy laws, as amended from time to time, against a Member, or any other judgment
or decree entered against a Member by any court of competent jurisdiction, which order or decree
continues unstayed and in effect for a period of sixty (60) consecutive days, in any involuntary
proceeding against a Member under the present or future Federal bankruptcy laws or under any
other applicable bankruptcy, insolvency, or other laws respecting debtor's rights; and (iv) the
commencement by a Member of any voluntary proceeding under present or future Federal
bankruptcy laws or under any other applicable bankruptcy, insolvency, or other laws respecting
debtor's rights.
5.5 "Disabling Event" shall mean, in the case of a Member who is an individual, a
determination by a court of competent jurisdiction that the affected Member is legally
incompetent.
5.6 "Manager" shall mean D. Stephen Jones, Jr., and Jack J. Carlisle or any successor
Manager or Managers under the terms of this Agreement.
2
69124305-4

5.7 "Members" shall mean each of Carlisle and Jones, or the transferee of all or a
portion of their Percentage Interests.
5.8 "Proxy" means a written statement, signed by a Member, authorizing another
Member to vote on a specific matter or to vote on all questions that may arise for decision at a
meeting of the Members. A proxy, to be valid, must specify the meeting to which it applies.
SECTION 6. Percentage Interest in the Company
Each Member's percentage interest in the Company (hereinafter referred to as "Percentage
Interest") shall be as determined herein and thereafter adjusted to the extent required by dividing
the amount of his or her aggregate capital contributions to the Company (including the Member's
initial capital contribution and any additional capital contribution by said Member) by the total
aggregate capital contributions of all the Members. The Percentage Interest of each Member shall
be the percentage set forth below opposite his or her name:
Percentage
Member: Interest
Carlisle 51.0%
Jones 49.0%
TOTAL 100.0%
All references to a "majority in interest" of the Members or other designated group shall refer to a
majority of the Percentage Interests then held by the Members or other designated group.
SECTION 7. Capital
7.1 Capital Contributions. The Members have made the capital contributions to the
Company of the property described in Exhibit A hereto as of the date hereof and the Members
hereby agree that as of the date hereof the property contributed to the Company and their
respective capital accounts are as set forth in. Exhibit A hereto.
7.2 Additional Capital Contributions. Except as provided herein, no Member shall
be obligated or required to make any additional capital contributions to the Company. The
Members may, however, make additional contributions to the Company provided that such
additional capital contributions are agreed upon and approved by all of the Members and are made
pro rata by all the Members.
7.3 Capital Accounts. Separate Capital Accounts shall be maintained for each
Member in accordance with the following provisions:
(a) To each Member's Capital Accounts there shall be credited such Member's
capital contribution as specified herein and any additional capital contributions (net of liabilities
secured by contributed property that the Company is considered to assume or take subject to under
Code section 752), and such Member's distributive share of Company income and gains, including
tax-exempt income.
69124305-4

(b) To each Member's Capital Account there shall be debited the amount of
cash and the fair market value of any property distributed to such Member (net of liabilities
secured by such distributed property that the Member is considered to assume or take subject to
under Code section 752), and such Member's distributive share of Company losses and
deductions.
In the event any interest in the Company is transferred in accordance with the terms of this
Agreement, the transferee shall succeed to the Capital Account of the transferor to the extent it
relates to the transferred interest. The Members shall have the authority to increase or decrease the
Capital Accounts of the Members to reflect a revaluation of Company property, and to take any
other actions recommended by counsel to the Company to maintain Capital Accounts in
accordance with sections 704(b) and 704(c) of the Code and Regulations promulgated thereunder.
There shall be no credits or debits to a Member's Capital Account that would change the
Percentage Interest of that Member as set forth in Section 6 above without the approval of all
Members.
7.4 Interest on and Return of Capital. No Member shall be entitled to any interest on
such Member's Capital Account or on such Member's contributions to the capital of the Company,
and, except as otherwise provided in Sections 16 and 17 of this Agreement, no Member shall have
the right to demand or to receive the return of all or any part of such Member's Capital Account or
of such Member's contributions to the capital of the Company.
7.5 Loans to the Company. The Company is hereby authorized to borrow funds from
one or more Members or affiliate(s) of one or more Members. If the Company borrows funds,
each Member shall have the opportunity to loan its pro rata share to the Company based upon its
pro rata share of percentage interests. Such loans shall be at the interest rate of 12% per annum. If
a member chooses not to participate in the loan, the other Members may make the remainder of the
loan. Except as otherwise provided herein, the amount of a loan, if any, made to the Company by a
Member shall not be considered an increase in such Member's capital contribution or otherwise a
contribution to the Company, and the making of such loan shall not entitle such Member to an
increased share of the profits, losses, or distributions to be made pursuant to the provisions of this
Agreement nor shall it change the Percentage Interest of a Member without the consent of all
Members.
SECTION 8. Allocation of Profits, Losses, and Tag Items
8.1 Allocation in General. The profits, losses, and distributive shares of tax items
shall be allocated to the Members pro rata based upon their respective Percentage Interests during
the period over which such profits, or losses, and tax items were accrued. The Members shall have
authority to make any special allocations recommended by tax counsel to the Company as
necessary or appropriate for compliance with the provision of Subchapter K of the Code, including
without limitation sections 704(b) and 704(c) thereof, and Regulations promulgated thereunder.
8.2 Special Rule Regarding Members' Capital Accounts. No Member shall be
entitled to any allocation of Company losses if such allocation would result in the Member having
a negative Capital Account balance (after increasing such Capital Account by any amount which
4
69124305-4

the Member is obligated to restore or is deemed to be obligated to restore pursuant to Treasury
Regulations § 1.704-2, and decreasing such Capital Account balance by the items set forth in
Treasury Regulations § 1.704-1(b)(2)(ii)(d)(4)-(6)) while any other Member has a positive Capital
Account balance (after adjustment for such items). In such event, Company losses shall be
allocated to the Members with positive Capital Accounts, as adjusted, until such Capital Accounts,
as adjusted, have been reduced to zero.
8.3 Qualified Income Offset. Any Member who unexpectedly receives an
adjustment, allocation or distribution as described in Treasury Regulations
§ 1.704-1(b)(2)(ii)(d)(4)-(6) shall be allocated items of Company income and gain in an amount
and manner to eliminate any deficit in such Member's Capital Account (after adjustment as
described in Section 8.2 above) as quickly as possible. This provision is intended to be a
"qualified income offset" as defined in Treasury Regulations § 1.704-1(b)(2)(ii)(d), such
Regulation being hereby incorporated by reference.
8.4 Minimum Gain Chargeback. If there is a net decrease in the Company's
minimum gain (as such term is defined in Treasury Regulations § 1.704-2) during any taxable year,
each Member shall be allocated, before any other allocation is made of Company items for such
taxable year, an amount equal to the greater of (i) such Member's share of the net decrease in
Company minimum gain allocable to the disposition of Company property subject to nonrecourse
liability, or (ii) the negative balance in such Member's Capital Account (after adjustment as
described in Section 8.2 above). This provision is intended to be a "minimum gain chargeback" as
defined in Treasury Regulation § 1.704-2, such Regulation being hereby incorporated by reference.
SECTION 9. Distributions to Members
9.1 Distributions of Net Cash Flow. The Net Cash Flow of the Company may be
distributed to the Members with the consent of Members owning a majority of the Percentage
Interests in accordance with their Percentage Interests; provided. however. that the Company may,
with the consent of Members owning a majority of the Percentage Interests, distribute amounts to
the Members annually at least sufficient for the Members to pay their federal and state income
taxes on their shares of Company income, as determined in good faith by the Company's
accountant, who will be mutually agreeable to the Members. "Net Cash Flow" means, for any
period, the excess, if any, of (a) the sum of (i) all gross receipts from any source for such period,
other than from Company loans and capital contributions, and (ii) any funds released by the
Company from previously established reserves, less (b) the sum of (i) all cash expenses paid by the
Company for such period, (ii) all amounts paid by the Company in such period on account of the
amortization of the principal of any debts or liabilities of the Company (including loans from any
Member), (iii) capital expenditures of the Company, and (iv) a reasonable reserve for future
expenditures as determined in good faith by the Manager; pprovid however. that the amounts
referred to in (b)(i), (ii) and (iii) above will be taken into account only to the extent not funded by
capital contributions, loans or paid out of previously established reserves. Such tern also includes all
other funds deemed available for distribution and designated in good faith as Net Cash Flow by the
Members.
9.2 Distributions in Kind. Distributions in kind of property, in liquidation or
otherwise, shall be made only with the consent of all of the Members and only at a value
69124305-4

established by the Members. Prior to any such distribution in kind, the difference between such
established value and the book value of any such property to be distributed shall be credited or
charged, as is appropriate, to the Members' Capital Accounts in proportion to their Percentage
Interests in the Company. Upon the distribution of such property, such agreed upon value shall be
charged to the Capital Accounts of the Members receiving such distribution and the Percentage
Interests of the respective Members shall be adjusted accordingly.
SECTION 10. Limited Liability of Members
10.1 Company Losses and Debts. Notwithstanding the provisions hereof for the
allocation of the Company's net losses and for the distribution of cash to the Members by the
Company, the Members shall not be required to make any contributions to the capital of the
Company for the payment of any such losses or for any other purposes except as specifically
provided in Section 7.2 above nor shall any Member be responsible or obligated to any third
parties for any debts or liabilities of the Company in excess of the sum of his unrecovered
contributions to the capital of the Company and his share of any undistributed profits of the
Company.
10.2 Negative Capital Accounts. Except as may be otherwise specifically set forth in
this Agreement, the Members shall not be required to pay to the Company or to any other Member
any deficit or negative balance which may exist from time to time in their respective Capital
Accounts as a result of the provisions hereof for the allocation to the Members of the Company's
net losses and for the distribution of cash or other property to the Members by the Company.
SECTION 11. Management of Company
11.1 Powers and Duties of Managers. The Members agree that the Company shall be
a "manager -managed" limited liability company under the Act, and that the Managers shall be
responsible for the day-to-day management of the Company's business and affairs and shall
devote such time and effort to the Company as shall reasonably be required for its welfare and
success. Subject to the provisions of Section 11.2 below, the Managers are authorized to
manage, administer, operate, lease, sell, exchange, pledge, encumber, transfer, purchase, grant
options related to, and otherwise deal with the Company's assets in North Carolina or any other
state on behalf of the Company.
11.2 Limitations on Authority of Manager. Notwithstanding the provisions of
Section 11.1 above, the consent of all of the Members owning a majority of the Percentage
Interests shall be required to do any of the following:
(a) negotiate, enter into, and execute leases and contracts, and to incur
obligations for and on behalf of the Company in connection with the business of the
Company which obligate the Company to annual expenditures in excess of $25,000.00 in
the aggregate;
(b) borrow money for and on behalf of the Company in connection with the
Company's business and to pledge the credit and property of the Company for such
purposes in an aggregate amount exceeding $50,000.00;
69124305-4

(c) make capital expenditures exceeding $50,000.00 in any one year;
(d) admit any person or entity as a Member;
(e) sell, transfer or otherwise dispose of any individual asset of the Company in
an amount exceeding $50,000.00 per any such asset. Prices for lot sales shall be set at a
monthly meeting by those Members owning a majority of the Percentage Interests; A lot is.
considered an individual asset;
(f) merge the Company into or with another limited liability company or other
entity;
(g) liquidate, dissolve or wind up the Company or any action by the Company
under any bankruptcy or insolvency statute or any other statute relating to any of the
foregoing;
(h) take any action in contravention of this Agreement; or
(i) amend this Agreement.
11.3 Compensation for Services. The Company may pay to the Managers
compensation for any services that the Managers render to the Company, in an amount
commensurate with the value of the services rendered as determined by the Members owning a
majority of the Percentage Interests. Notwithstanding the above, Jones, in consideration of his
performance of day to day operations of the Company, and so long as he performs day to day
operations, shall receive compensation as follows: each year, the Company shall determine,
pursuant to Section 14.3 below, the net profit of the Company for that year, if any, and shall pay
Jones ten percent (10%) of the net profit as compensation for his day to day operations of the
Company. Such compensation shall be an expense of the Company. Once such compensation is
paid to Jones, the Company shall then complete the accounting under Section 14.3.
11.4 Intentionally left blank
11.5 Liability of Managers. So long as the Managers shall act in good faith with
respect to the conduct of the business and affairs of the Company, the Manager shall not be liable
or accountable to the Company or to any of the Members, in damages or otherwise, for any error of
judgment, for any mistake of fact or of law, or for any other act or thing which a Manager may do
or refrain from doing in connection with the business and affairs of the Company except in the case
of willful misconduct or gross negligence or breach of fiduciary duty.
11.6 Indemnity. The Company does hereby indemnify and agree to hold the Managers
wholly harmless from and against any loss, expense, or damage suffered by the Managers by
reason of anything they may do or refrain from doing hereafter for and on behalf of the Company
and in furtherance of its interests; provided, however, that the Company shall not be required to
indemnify a Manager for any loss, expense, or damage which it might suffer as a result of a
Manager's willful misconduct or gross negligence or breach of fiduciary duty.
7
69124305-4

11.7 Independent Investments. No Member may engage independently or with others
in other business ventures in competition with the Company and its assets and properties within
twenty-five (25) miles of any property held by the Company as of September 30, 2015.
SECTION 12. Investment Representations of the Members
12.1 Investment Intent. Each Member does hereby represent and warrant to the
Company that he has acquired his interest in the Company for investment solely for his own
account with the intention of holding such interest for investment, without any intention of
participating directly or indirectly in any distribution of any portion of such interest, and without
the financial participation of any other person in acquiring his interest in the Company.
12.2 Unregistered Company Interests, Each Member does hereby acknowledge that
he is aware that his interest in the Company has not been registered (i) under the Securities Act of
1933, as amended (the "Federal Act'), (ii) under the Uniform Securities Act of the State of North
Carolina, as amended (the "Uniform Securities Act"), in reliance upon the exemption contained in
Section 78A-17(9) of the Uniform Securities Act, or (iii) under any other State securities laws.
Each Member further understands and acknowledges that his representations and warranties
contained in this Section 12 are being relied upon by the Company as the basis for the exemption
of the Members' interests in the Company from the registration requirements of the Federal Act
and from the registration requirements of the Uniform Securities Act and all other State securities
laws. Each Member further acknowledges that the Company will not and has no obligation to
recognize any sale, transfer, or assignment of all or any part of his interest in the Company to any
person unless and until the provisions of Section 17 hereof have been fully satisfied.
12.3 Nature of Investment. Each of the Members does hereby acknowledge that prior
to his execution of this Agreement, he received a copy of this Agreement and that he has examined
this Agreement or caused this Agreement to be examined by his representative or attorney. Each
of the Members does hereby further acknowledge that he or his representative or attorney is
familiar with this Agreement and with the Company's plans to engage in the business of real estate
investment and development and asset management. Each Member acknowledges that he or his
representative or attorney has made such inquiries and requested, received, and reviewed any
additional documents necessary for him to make an informed investment decision and that he does
not desire any further information or data relating to the Company.
12.4 Legend on Agreement and Certificate. Each of the Members does hereby
acknowledge and agree that a legend reflecting the restrictions imposed upon the transfer of his
interest in the Company under Sections 16 and 17 hereof, under the Federal Act, under the
Uniform Securities Act, and under any applicable State securities laws may be placed on any
certificate evidencing ownership of any interest in the Company or under this Agreement.
SECTION 13. Banking
The funds of the Company shall be kept in one or more separate bank accounts in the name
of the Company in such banks or other depositories as may be designated or shall otherwise be
invested in the name of the Company in such manner and upon such terms and conditions as may
be designated. All withdrawals from any such bank accounts or investments established by the
8
69124305-4

Company hereunder shall be made on such signature or signatures as may be authorized from time
to time by both Managers; provided that both D. Stephen Jones, Jr. and Jack J. Carlisle will be
signatories on all bank accounts of the Company.
SECTION 14. Accounting
14.1 Fiscal Year. The fiscal year of the Company shall end on the last day of the
calendar year.
14.2 Method of Accounting. The Company's books of account shall be maintained,
and its income, gains, losses, and deductions shall be determined and accounted for, in accordance
with such method of accounting as may be adopted for the Company for Federal income tax
purposes, and for purposes of this Agreement, the Company shall account for each and every item
of its income, gain, loss and deduction in the same manner as it accounts for each such item for
income tax purposes.
14.3 Financial and Operating Statements and Tax Returns. Within ninety (90) days
from the close of each fiscal year of the Company, the Company shall deliver to each of the
Members unaudited financial statements which set forth the results of the operations of the
Company for such year, the unpaid balance due on all obligations of the Company, and each
Member's share of the net profit or net loss of the Company for such year. In addition, within
ninety (90) days from the close of each fiscal year of the Company, the Company shall deliver to
each Member a statement setting forth such Member's allocable share of the tax items of the
Company for such year, and all such other information as may be required to enable each Member
to prepare his Federal, State, and local income tax returns in accordance with all then applicable
laws, rules, and regulations. The Company also shall cause to be prepared and filed all Federal,
State, and local income tax returns required of the Company for each fiscal year.
14.4 Location of and Access to Company Records. The following records of the
Company shall be kept at its registered office where they shall be subj ect to inspection and copying
at the reasonable request and at the expense of any Member during ordinary business hours:
(a) a current list of the full name and last known business, residence or mailing
address of each Member, separately identifying the Members (in alphabetical order);
(b) a copy of the Articles of Organization of the Company and all certificates of
amendment thereto;
(c) copies of the Company's Federal, State, and local income tax returns and
annual reports of the Company filed with the Secretary of State of North Carolina in accordance
with §57C-2-23 of the Act for the three (3) most recent years; and
(d) copies of this Agreement, as amended, and of any financial statements of
the Company for the three (3) most recent years.
14.5 Tax Elections. With the consent and approval of the Members owning a majority
of the Percentage Interests, the Company may make any and all elections applicable to a
partnership for Federal and State income tax purposes deemed to be in the best interest of the
0
69124305-4

Members and the Company. Such elections include, but are not limited to, an election under
section 754 of the Code with respect to distributions of a partnership interest described in section
734 of the Code and with respect to transfers of partnership property described in section 743 of
the Code.
SECTION 15. Admission of Members
15.1 Admission by Consent of Members. Except as otherwise specifically provided in
this Agreement, no person, firm, corporation, or other entity shall be admitted to the Company as a
Member without the consent of all of the Members.
15.2 Substitute Member. In the event a Member transfers all or any part of his or her
interest in the Company in compliance with the provisions of Section 17 hereof, the transferee of
such Member shall not have the right to become a substitute Member of the Company unless the
transferring Member has given his or her transferee such right and unless:
(a) the transferring Member and his or her transferee execute and deliver such
instruments as the Members owning a majority of the Percentage Interests deem necessary or
desirable to effect such substitution;
(b) such transferee accepts and agrees in writing to be bound by all of the terms
and provisions of this Agreement; and
(c) such transferee pays all reasonable expenses connected with such
substitution.
Sale or Transfer of Interest
Sale of Interest of a Member. A Member may not sell or transfer all or any part of his Company
interest except on the following conditions:
(a) The Company interest of the selling Member shall first be offered in writing
(which writing includes the identity of the proposed purchaser) to the other Members to purchase
pro rata based on their Percentage Interests or otherwise by agreement of such other Members, at
the price and on the terms at which it is proposed to be sold and the other members shall have a
period of thirty (30) days to either reject the offer or accept the offer with respect to the whole
Company interest offered. If any Member does not elect to purchase his pro rata portion of the
offered interest, the Members electing to purchase shall acquire such portion pro rata based on
their Profit-sharing Percentages.
(b) If the Company interest offered by the selling Member is not purchased by
the other Members, then the selling Member may sell such interest to a third person or third
persons during the three (3) month period following the expiration of the thirty (30) day period
referred to in subsection (a) above, but at a price and on terms no more favorable than the price and
terms offered to the other Members. After the expiration of the three (3) month period, no portion
of the Company interest of the selling Member shall be sold without first being reoffered in
accordance with subsection (a) above.
10
69124305-4

(c) Notwithstanding the foregoing, a Member may, upon notice to the other Members, freely
transfer his Company interest, or any portion thereof, to a member of his immediately family. By
"immediate family" it is meant such Member's spouse, children, grandchildren, parents, or the
trustee of a trust solely for the benefit of such persons. The transferee of the Company interest of a
Member shall be subject to all the terms, conditions, restrictions, and obligations of this
Agreement, including the provisions of this Section.
(d) Any assignment (including, without limitation, any transfer or sale of a Member's interest
permissible under Section 16.1(c)) shall be effective to give the assignee all rights of a Member.
Death. Upon the death of a Member, its interest in the Company shall pass pursuant to the
terms of such Member's will or pursuant to the laws of intestacy if no will exists. Such person(s)
inheriting a Member's interest shall have all rights of a Member.
SECTION 16. Withdrawal, Defaulting Events and Disabling Events
16.1 Withdrawal.
(a) Any Member wishing to withdraw shall sell his interest in the Company to
the Company at a price mutually agreed upon or to a purchaser pursuant to the terms of Section 16.
16.2 Purchase of Defaulting Member's Interest.
(a) Upon the occurrence of a Defaulting Event with respect to a Member (the
"Defaulting Member"), the Defaulting Member shall cease to be a Member and the Company shall
have the right, exercisable by giving written notice to the Defaulting Member within sixty (60)
days after the date of the Company's actual knowledge of the Defaulting Event (for purpose of this
Section 17.2, the date such notice is given by the Company is hereinafter referred to as the "Notice
Date"), to purchase the Defaulting Member's interest in the Company for a purchase price equal to
the fair market value of such interest as determined by an appraiser as set forth in subsection
17.2(b), taking into account the business, assets and liabilities of the Company and the degree of
marketability of such interest.
(b) The fair market value of the Defaulting Member's interest shall be
determined as expeditiously as possible by a disinterested appraiser mutually selected by the
Defaulting Member and the Company (the Company's selection being made by the remaining
Members exclusive of the Defaulting Member's interest). If the Defaulting Member and the
Company are unable to agree upon a disinterested appraiser, then the Defaulting Member and the
Company shall each select a disinterested appraiser and if the disinterested appraisers selected are
unable to agree as to the fair market value of the Defaulting Member's interest, then the two
disinterested appraisers shall select a third disinterested appraiser who shall determine the fair
market value. The determination of the fair market value of the Defaulting Member's interest by
the appraiser or appraisers shall be conclusive and binding on all parties. All costs of an appraiser
mutually selected by the Defaulting Member and the Company or by the two disinterested
appraisers shall be shared equally by the Defaulting Member and the Company. All costs of an
individually selected appraiser shall be borne by the parry selecting each appraiser.
11
69124305-4

(c) The purchase price shall be paid in three (3) equal annual installments, the
first of which shall be made within thirty (30) days of the determination of fair market value and
one of which shall be made on the same date in each of the two (2) years thereafter; provided,
further, however, that notwithstanding an election by the Company to make the distribution to the
Defaulting Member in three (3) equal annual installments, the Company may accelerate without
penalty all of such installments at any time or any part of such installment at any time. In the event
the Company elects to make distributions to the Defaulting Member in three (3) equal annual
installments as provided herein, the Company, in addition to such annual installments, shall pay
the Defaulting Member additional amounts computed as if the Defaulting Member is entitled to
interest on the undistributed amount of the total distribution to which the Defaulting Member is
entitled hereunder at an annual rate equal to the applicable Federal rate in effect under section
1274(d) of the Code, as determined on the thirtieth (30th) day after the determination of value,
which additional amounts, computed like interest, shall be due and payable on the same dates as
the annual installments of the distribution payable to the Defaulting Member hereunder. The
distribution to a Defaulting Member provided for herein shall be in complete liquidation and
termination of the Defaulting Member's interest in the Company and shall be treated as payment in
exchange for the Defaulting Member's interest in the Company's property. Simultaneously with
the receipt of such distribution or the first installment thereof, as the case may be, the Defaulting
Member shall execute all documents deemed necessary or appropriate, in the opinion of counsel
for the Company, to evidence the Defaulting Member's withdrawal from the Company and the
transfer of his interest in the Company to the Company.
16.3 Disabled Member's Interest.
(a) Upon the occurrence of a Disabling Event with respect to a Member (the
"Disabled Member"), the Disabled Member shall continue to be a Member through the guardian
appointed to handle his/her affairs or the attorney -in -fact with the capacity to act on behalf of such
disabled member.
SECTION 17. Dissolution, Liquidation, and Termination of Company
17.1 Dissolving Events. The Company shall be dissolved, liquidated, and terminated
upon the happening of any of the following events:
(a) The consent of all of the Members to dissolve the Company; or
(b) By entry of a decree of judicial dissolution.
17.2 Method of Liquidation. Upon the happening of any of the events specified in
Section 18.1 above that require the Company to be dissolved, liquidated, and terminated, unless
the Company is continued as provided in Section 18.1(b) or (c), all of the Company's assets shall
be liquidated and the Company shall be dissolved. In the course of such liquidation and
dissolution, any of the Company's assets may be sold, and notwithstanding the provisions of the
Act, any and all proceeds derived from such sale, together with all Company assets which are not
sold, shall be applied and distributed in the following manner and in the following order of
priority:
12
69124305-4

(a) To the payment of the debts and liabilities of the Company, including any
debts or liabilities, other than Capital Accounts, owed to the Members, and to the expenses of
liquidation in the order of priority as provided by law; then to
(b) The establishment of any reserves which the Members owning a majority of
the Percentage Interests deem necessary for any contingent or unforeseen liabilities or obligations
of the Company; provide however. that any such reserves established by the Members owning a
majority of the Percentage Interests shall be paid over to a bank or other designated agent to be
held in escrow for the purpose of paying any such contingent or unforeseen liabilities or
obligations and, at the expiration of such period as the Members owning a majority of the
Percentage Interests deem advisable, of distributing the balance of such reserves in the manner
hereinafter provided in this Section; then to
(c) The payment to each Member of his Capital Account; and then to
(d) The Members in proportion to their respective Percentage Interests in the
Company-
17.3 Reasonable Time for Liquidation. A reasonable time shall be allowed for the
orderly liquidation of the Company's assets pursuant to Section 18.2 above in order to minimise
the losses normally attendant upon such a liquidation.
17.4 Date of Dissolution. The Company shall terminate and dissolve when all of its
assets have been applied and distributed in accordance with the provisions of Section 18.2 above.
The establishment of any reserves in accordance with the provisions of Section 18.2 above shall
not have the effect of extending the term of the Company, but any such reserves shall be
distributed in the manner provided in such Section upon expiration of the period of such reserve.
SECTION 18. General Provisions
18.1 Waiver of Right of Partition. Each of the Members does hereby agree to and does
hereby waive any right such Member may otherwise have to cause any asset of the Company to be
partitioned among the Members or to file any complaint or to institute any proceeding at law or in
equity seeking to have any such assets partitioned.
18.2 Notices. Except as otherwise specifically provided in this Agreement, whenever
any notice or other communication is required or permitted to be given hereunder, such notice or
other communication shall be in writing and shall be (as elected by the party giving such notice)
(a) delivered in person, or (b) sent by U.S. registered or certified mail, return receipt requested,
postage prepaid to the person to whom such notice is intended to be given at such address as such
person may have previously furnished in writing to the Company or to such person's last known
address. Notwithstanding the foregoing, notice of meetings of the Members may be sent by -
regular first-class mail. Any notice or other communication delivered in person shall be deemed
effectively given when delivered, and any such notice or other communications mailed as
hereinabove provided shall be deemed effectively given on the date of receipt.
18.3 Waivers. No term or condition of this Agreement shall be considered waived by a
Member unless such waiver is in writing and is signed by such Member.
13
69124305-4

18.4 Binding Effect. This Agreement shall inure to the benefit of and shall be binding
upon the Members, their legal representatives, transferees, heirs, successors, and assigns.
18.5 Duplicate Originals. For the convenience of the Members, any number of
counterparts hereof may be executed, and each such counterpart shall be deemed to be an original
instrument.
18.6 Construction. This Agreement shall be interpreted and construed in accordance
with the laws of the State of North Carolina. The titles of the Sections and Subsections herein
have been inserted as a matter of convenience of reference only and shall not control or affect the
meaning or construction of any of the terms or provisions herein.
18.7 Gender. Throughout this Agreement, wherever the context requires or permits,
genders shall be deemed interchangeable, and the single number shall be deemed to include the
plural, and vice versa.
18.8 Separability of Provisions. Each provision of this Agreement shall be considered
separable and (i) if for any reason any provision or provisions herein are determined to be invalid
and contrary to any existing or future law, such invalidity shall not impair the operation of or affect
those portions of this Agreement which are valid, or (ii) if for any reason any provision or
provisions herein would cause the Members to be bound by the obligations of the Company under
the laws of North Carolina as the same may now or hereafter exist, such provision or provisions
shall be deemed void and of no effect.
18.9 Arbitration. All disputes arising out of or in connection with this Agreement or
any transaction hereunder shall be finally settled under the Commercial Arbitration Rules of the
American Arbitration Association then in effect. The arbitrators' award shall be final and binding.
Judgment upon the award rendered may be entered in any court having jurisdiction over the party
against which the award is rendered. The Members expressly consent to the jurisdiction of the
federal and state courts situated in North Carolina for the purpose of enforcing any arbitration
award rendered pursuant to this Section 19.9. The arbitration shall take place in Raleigh, North
Carolina or such other place as the parties may agree. Each party shall pay its own fees and costs.
[Signatures appear on the following page.]
14
69124305_1

IN WITNESS WHEREOF, the parties hereto have executed, sealed, and delivered this
Agreement as of the date first above written.
COMPANY:
REDBIRD LAND COMPANY, LLC
D. Stephen Jo es, Jr.
I-
15
69124305_1

Exhibit A
Capital Accounts
Description of
Member Percentaze Interest Contribution
Carlisle 51.0% cash
Jones 49.0% cash
TOTAL: 100.0%
16
69124305-4
Capital Account
$51,000.00
$49.000.00
$100,000.00

Barber, Jim
From: Barber, Jim
Sent: Friday, March 20, 2020 4:19 PM
To: Kabat, Ashley M; Thornburg, Nathaniel
Cc: Allen, Trent
Subject: RE: WQ0018708 - Baytree Lakes WWTP - Draft Permit
Attachments: Baytree permit information.docx; Cover page Tech Specs Brian'Cox design 10000 gallon
upgrade.pdf, Signed Moratorium Letter and Notice Baytree 20 March 2020.pdf
Ashley; i
I've attached a Word document with permit description and moratorium language. I've also attached an updated
moratorium letter (dates) to attach to the permit. Also attached is the cover page of the technical specs that I pulled
language from for the description page. The description provided should suffice fo'r now and hopefully we will be getting
a permit modification for the wastewater plant either under the Redbird Land name or another ownership change
request with modification from Old North/EnviroLink.
I will put the signed original moratorium letter in courier this evening. When the fipaflpermit is ready, we may need to
update the letter depending on how long it takes to get a final permit done.
Jim Barber
Environmental Engineer
NCDEQ-DWR-WQRO
Fayetteville Regional Office
910-433-3340 voice
910-486-0707 fax
[e-mail]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
i
❑ Go Green! Print this email only when necessary. Thank you for helping NCDENR be environmentally responsible
r
From: Kabat, Ashley M
Sent: Tuesday, March 10, 2020 5:49 PM
To: Barber, Jim <[e-mail]>
Cc: Thornburg, Nathaniel<[e-mail]>; Allen, Trent <trent.all;[e-mail]>
Subject: WQ0018708 - Baytree Lakes WWTP - Draft Permit i
Jim,
Please review the attached draft permit for Baytree Lakes WWTP and respond with any comments. I know you had a lot
of comments in the staff report about the facility's non-compliance, but I wasn't sure exactly how to work those into the
permit so please let me know if things like the moratorium, asking for site maps,,,ete. should be worked into permit
schedules.
Also please let me know if your office has any engineering plans on this facility or any more specific descriptions of the
facility because the previous permits do not have very descriptive facility descriptions.
Thanks,

Ashley M. Kabat, El
Environmental Engineer II
Non -Discharge Permitting Unit j
Department of Environmental Quality
**click here to check the status of an application**
[phone] office
[e-mail]
Office 942V
512 N. Salisbury St.
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary '
S. DANIEL SMITH
Director
JACK CARLISLE — MANAGER
REDBIRD LAND COMPANY, LLC
8620 RIVER ROAD
WILMINGTON, NORTH CAROLINA 28412
Dear Mr. Carlisle:
In accordance with your permi
2020, we are forwarding herewith Perr
Company, LLC for the operation of the
The following
Lake Creek Corporatic
This permit
Permit No. 'WQ0018
therein. The __Pern
differ
The Divisi
February 3, 2009:
➢ Old Condit
and will be
NORTH CAROLINA
Environmental Quality
iit No. WQ0018708
ree Lakes WWTP
Iwater Irrigation System
n County
uest received January 13,
, to Redbird Land
ition facilities.
permittee has changed from
om the dA Mf�`issuance through ► , shall void
ry 3, 2009, arid,. shall be subject to 'the conditions and limitations
it ,> renewaV-`:-` lication no later than
itoring requi"cements listed Attachment's A, B, and C for they may
ailure to establish an adequate;) system for collecting and
ormaton shall result in future compliance problems.
following permit conditions since the last permit issuance dated
ire spray irrigation fields will need to bdlpermitted as a modification
mit at that_time.
➢ Old Condition VI.2: — This permit is not voidable.
The following permit conditions are new since the last permit issuance dated February 3,
2009:
➢ Condition II.10. = Requires the Permittee to ensure any landowner who is not the Permittee
and owns land within the compliance boundary executes and files with the Bladen County
Register of Deeds an easement running with the land.
➢ Condition III.16. — Requires metering equipment to be tested and calibrated annually. .
North Carolina Department of Environmental Quality I Division of Water Resources
5- -0_ 512 North Salisbury _Street 1 1617 Mail Service Centerr,, I Raleigh, North Carolina 27699-1617
Q �)
NORTH CAROLINA® E
Ea memmFAWI—WowW 919.70Z9000

Mr. Jack Carlisle
Page 2 of 2
➢ Condition IV.9.- Requires a maintenance log to be kept at this facility. \
➢ Condition VI.8. — States that this permit is subject to revocation or modification upon 60-day
notice from the Division Director if certain conditions apply. '
➢ Condition VI.9. — States that unless the Division Director grants a:Ivariance, expansion of the
facilities permitted herein shall not occur if certain conditions apply.
➢ Condition VI.10. —States that this permit shall not be renewed if the .Permittee or any affiliation
has not paid the required annual fee.
➢ Attachment A — Monitoring for Total Phosphorus was added to PPI 001 and PPI 002.
Monitoring frequencies for BOD, Total Suspended Solids, Total ,Ammonia Nitrogen, Total
Nitrate Nitrogen, Fecal Coliform, Total Kjeldahl Nitrogen, and Total Nitrogen have all been
changed to Monthly because the proposed expansion contains acti a treatment, so the system
is no longer a passive treatment system.
If any parts, requirements, or limitations contained in this permit are Inacceptable, 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 [e-mail].
Sincerely,
S. Daniel Smithl, Director
Division of Water Resources
cc: Bladen County Health Department (Electronic Copy)
Fayetteville 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
f ,
DEPARTMENT OF ENVIRONMENTAL QUALITY
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
Redbird band Company, LEI
Bladen County
i
arb FOR THE
operation of a 3e'00 gallon per day (GPD) wastewater treatment and irrigation' facility consisting of:
Wnstruction and operation of a 10,000 GPD wastewater treatment facility consisting of: —�
continued operation of a 20,000 stewater treatment and irrigation facility consisting of:
to serve the Baytree Lake W WTP, with no discharge of wastes to surface waters pursuant to the application
received January 13, 2020, and in conformity with the Division -approved plans and specifications
considered a part of this permit.
I
This permit shall be effective from the date of issuance through , shall void Permit
No. WQ0018708 issued February 3, 2009, and shall be subject to the following]conditions and limitations:
I. SCHEDULES
1. Upon completion of construction and prior to operation of the permitted modifications, the Permittee
shall submit an engineering certification from a North Carolina licensed Professional Engineer
certifying that the permitted _facility has been constructed in accordance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02T, this permit, and the' Division -approved plans and
specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility
to track further construction approved under this permit, and shall p ovide a final engineering
certification upon project completion. Mail the Engineering Certification to the Division of Water
Resources, Non -Discharge Branch, 1617 Mail Service Center, RaleighJNC 27699-1617, or Non-
[e-mail]. [15A NCAC 02T .0116(a)]
WQ0018708 Version 3.0 Shell Version 200201 Page 1 of 10

II.
------------------
2. The Permittee shall notify the Fayetteville Regional Office, telephone number (910) 433-33 0, at least
two business days in advance of initial operation of the constructed facilities so that the Division can
conduct a startup inspection. [15A NCAC 02T .0 1 08(b)(1)(B)]
Prior to operation of the modified facilities, a Final Operation and Maintenance Plan shall be submitted
for review. The plan shall be sent to the Division of Water Resources„Non-Discharge Branch, 1617
Mail Service Center, Raleigh, NC 27699-1617 or Non-Discharge.Reportsancdenr.gov. [15A NCAC
02T .0108(b)(1)(B), 02T .0507(a)]
4. The Permittee shall re nest renewal of this permit on Division -approved forms no later than BE
[15A NCAC 02T .0105(b), 02T .01'09]
PERFORMANCE STANDARDS
The Permittee shall maintain and operate the subject non -discharge 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, or failure of the irrigation areas to 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. [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 quality shall not exceed the limitations specified in Attachment A. [I 5A NCAC 02T .0505(b)]
5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)]
6. Wastewater irrigation fields permitted on or after December 30, 1983 have a, compliance boundary that
is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary,
whichever is closest to the wastewater irrigation area. 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(d)(2), 02L .0107(b), 02T .0105(h),
G.S. 143-215.1(i), G.S. 143-215.1(k)]
7. The review boundary is midway between the compliance boundary and the !wastewater irrigation area.
Any exceedance of groundwater standards at or beyond the review boundary shall require preventative
action. [ 15A NCAC 02L .0106(d)(1), 02L .0108]
8. 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)]
9. 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]
10. 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 Bladen
County Register of Deeds an easement running with the land containingthe following items:
WQ0018708 Version 3.0 Shell Version 200201 j Page 2 of 10
I

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 th'e 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. i
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[15A NCAC 02L ,0107(f)]
11. The facilities herein were permitted per the following setbacks:
a. The irrigation sites were originally permitted August 22, 2001. The setbacks for spray irrigation
sites originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all
distances in feet):
i
i. Each habitable residence or place of assembly under separate ownership: 4001
ii. Each private or public water supply source: 100
iii. Surface waters: 100
iv. Groundwater lowering ditches: 100
v. Surface water diversions (upslope): ;j 100
vi. Surface water diversions (downslope): 100
vii. Each well with exception of monitoring wells: 100
viii. Each property line: 150 2
ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15
X. Each water line: 10
xi. Each swimming pool: ;i 100
xii. Public right of way: ;I 50
xiii. Nitrification field: 20
xiv. Each building foundation or basement: 15
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, it the entity from which the
Permittee is leasing, owns both parcels separated by the property hme.
[15A NCAC 02H .0404(g), 02H .02190)(5)]
b. The storage and treatment units were originally permitted August 22, 2001. The setbacks for
storage and treatment units originally permitted or modified from February 1, 1993 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: 50 2
v. Nitrification field: 20
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.
WQ0018708 Version 3.0 Shell Version 200201 Page 3 of 10

[15A NCAC 02H .02190)(5)]
c. The 10,000 GPD expansion storage and treatment units were originally permitted February 3, 2009.
The setbacks for storage and treatment units originally permitted or modified from September 1,
2006 to August 31, 2018 are as follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 1001
ii. 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 2,3
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.
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 02T .0506(b), 02T .0506(e), 02T .0506(f)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC
02T .0500]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational
functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T
.0507(a)]
3. Upon the Water Pollution Control System Operators Certification Co'mmission'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. 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 02T
.0507(b)]
5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02T .0507(c)]
6. The Permittee shall not irrigate treated effluent during inclement weathe I, or when the soil is in a
condition that will cause pond ing or runoff. [15A NCAC 02T .0505(x)]
i
7. Irrigation equipment shall be tested and calibrated once per permit cycle; [15A NCAC 02T .0507(d)]
8. Only treated effluent from the Baytree Lakes WWTP shall be irrigated on the sites listed in Attachment
B. [15A NCAC 02T .0501]
9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [15A NCAC 02T .0507(e)]
10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities.
[15A NCAC 02T .0505(q)]
WQ0018708 Version 3.0 Shell Version 200201 Page 4 of 10

11. The Permittee shall dispose or,utilize generated residuals in a Division -approved manner. [15A NCAC
02T .0508, 02T .1100].
12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .05050)]
13. Freeboard in the= shall not be less than two feet at anytime. [15A NCAC 02T .0505(d)]
14. A gauge to monitor waste levels in the la oo , shall be provided. This gauge shall have readily visible
permanent markings, at inch or tenth of a foot increments, indicating, the following elevations:
maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the
bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC
02T .0507(f)]
15. 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 02T .0507(g)]
16. Metering equipment shall be tested and calibrated annually. [15A NCAC 0�2T .0507(d)]
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 .010,8(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. [15AI NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall monitor the treated effluent at the frequencies and
specified in Attachment A. [ 15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of effluent
include the following information for each irrigation site listed in Attac
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)
f. Continuous monthly and year-to-date loadings for any non -hydraulic 1
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
for the parameters
These records shall
specifically
i
6. Freeboard (i.e., waste level to the lowest embankment elevation) -in the a�g'�o 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)]
WQ0018708 Version 3.0 Shell Version 200201 Page 5 of 10

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 Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(1)]
8. 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 02T .0508(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: Visual observations of the plant and plant site; and
d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
[15A NCAC 02T .0507(h)]
10. Monitoring wells MW-1, MW-2, MW-3, and MW-5 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 r� [15A NCAC 02T .0105(m)]
11. Two copies of the monitoring well sampling and analysis results shall: belsubmitted 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)]
�i
12. 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 five
years, and shall be made available to the Division upon request. Each Standard Soil Fertility Analysis
shall include the following parameters:
WQ0018708 Version 3.0 Shell Version 200201 Page 6 of 10

Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
[ 15A NCAC 02T .0108(c)]
13. Noncompliance Notification:
The Permittee shall report to the Fayetteville Regional Office,
within 24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic,
hazardous substance.
telephone number [phone],
including the known passage of a
b. Any process unit failure (.e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment. j
c. Any facility failure resulting in a discharge to 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.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number [phone], (800) 85870368, or [phone]. All
noncompliance notifications shall file a written report to the Fayetteville'lRegional 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)] j
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and irrigation facilities. [15A NCAC 02T .0507(i)]
2. The Permittee shall inspect the wastewater treatment and irrigation 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 02T
.0507(h), 02T .0507(i)]
Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and irrigation 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)]
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, 143-215.6B, 143-2 f 5.6C]
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.l(d)]
WQ0018708 Version 3.0 Shell Version 200201 Page 7 of 10

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(0)]
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)]
�j
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: ;I
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
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]
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. 143-215.6B, 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.
11
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.
WQ0018708 Version 3.0 Shell Version 200201 Page 8 of 10

[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 ® day of j
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0018708
WQ0018708 Version 3.0 Shell Version 200201 Page 9 of 10

Permit No. WQ0018708 ; Wastewater Irrigation System
Redbird Land Company, LLC
Baytree Lakes WWTP Bladen County
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
I, , as a duly licensed North Carolina Professional
Engineer, having ❑periodically / ❑ fully observed the construction of the permitted facilities, do hereby
state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02T, this permit, and the' Division -approved plans and
specifications.
Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the
attached as -built drawings.
Description of variations:
Professional Engineer's Name
Firm Name Firm No.
Address
City State Zip Code
'I
Telephone I Email I _'Seal11j8ignature, and Date
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
NON -DISCHARGE BRANCH
By U.S. Postal Service By Courier/Special Delivery
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
WQ0018708 Version 3.0 Shell Version 200201 Page 10 of 10

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0018708 Version: 3.0 .
PPI 001- WWTP Effluent - Phase 1 (-zoj 0-0% %D)
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCS
Code
parameter Description
Units of
Measure
Monthly
Average
Monthly
Geometric Mean
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
00310
BOD, 5-Day (20 °C)
mg/L
4 x Year
Grab
00940
Chloride (as Cl)
mg/L
;' x Year 2
Grab
50060
Chlorine, Total Residual
mg/L
Per Events
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
4 x Year
Grab
50050
Flow, in Conduit or thru Treatment Plant
GPD
20,000
Continuous
Recorder
00610
Nitrogen, Ammonia Total (as N)
mg/L
4 x Year
Grab
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L
4 x Year
Grab
00620
Nitrogen, Nitrate Total (as N)
mg/L
4 x Year
Grab
00600
Nitrogen, Total (as N)
mg/L
4 x Year
Grab
00400
pH
su
Per Events
Grab
00665
Phosphorus, Total (as P)
mg/L
4 x Year
Grab
70300
Solids, Total Dissolved - 180 °C
mg/L
I3 x Year 2
Grab
00530
Solids, Total Suspended
ing/L
4 x Year
Grab
-1-: -4 x Year monitoring shall be -conducted in March, July, -September, and November.
2. 3 x Year monitoring shall be conducted -in -March; Jttly,--and-November=- —-------- _ �--- _ _— - - - -- --- - -
3. Per Event monitoring shall be conducted per irrigation event, not to exceed 5 x Week.
WQ0018708 Version 3.0 Attachment A Page 1 of 2

PPI 002 — WWTP Effluent — Phase 2 C3oj 61/1N (, Fs>)
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCS
Code
parameter Description
Units of
Measure
Monthly
Average
Monthly
Geometric Mean
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
00310
BOD, 5-Day (20 °C)
mg/L
Monthly
Grab
00940
Chloride (as Cl)
mg/L
3 x Year 1
Grab
50060
Chlorine, Total Residual
mg/L
Per Event z
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 ML'.
:.
Monthly
Grab
50050
Flow, in Conduit or thru Treatment Plant
GPD
30,000
Continuous
Recorder
00610
Nitrogen, Ammonia Total (as N)
mg/L
"
Monthly
Grab
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L -
? '
Monthly
Grab
-00620-
Nitrogen-,Vitrate-T-otal-(as N)
mg/L.
Monthly
Grab
00600
Nitrogen, Total (as N)
mg/L
Monthly
Grab
00400
pH
su
Per Event 2
Grab
00665
Phosphorus, Total (as P)
mg/L
Monthly
Grab
70300
Solids, Total Dissolved -180 °C
mg/L
3 x Year
Grab
00530
Solids, Total Suspended
mg/L
Monthly
Grab
1. 3 x Year monitoring shall be conducted. in March, July, and November
2__ Per Event monitoring shall be conducted per irrigation event, not to exceed 5 x Week.
WQ0018708 Version 3.0 Attachment A Page 2 of 2

THIS PAGE BLAND

ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0018708 Version: 3.0 .
Redbird Land Company, LLC — Baytree Lakes WWTP
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Field
Owner
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
Hourly
Rate
Yearly
Max
Units
1
Redbird Land Company, LLC
Bladen
34.690667°
-78.423111-
5.08
WgB
01284 —Non-Discharge Application Rate
0.25
105.8
inches
Totals
5.08
1
WQ0018708 Version 3.0 Attachment B Page 1 of 1

THIS PAGE BLANK

ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS
Monitoring Wells: MW-1, MW-2, MW-3, and MW-5
Permit Number: WQ0018708 Version: 3.0
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
PCS Code
Parameter Description
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
00680
Carbon, Tot Organic (TOC)
mg/L
3 xYear
Grab
1,6
00940
Chloride (as Cl)
250
mg/L
3 x Year
Grab
1
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
3 x Year
Grab
1
00610
Nitrogen, Ammonia Total (as N)
1.5
mg/L
3 x Year
Grab
1
00620
Nitrogen, Nitrate Total (as N)
10
mg/L
3 x Year
Grab
1
00400
pH
6.5-8.5
su
3 x Year
Grab
1,2
00665
Phosphorus, Total (as P)
mg/L
3 x Year
Grab
1
70300
Solids, Total Dissolved - 180 °C
500
mg/L
3 x Year
Grab
1
GWVOC
Volatile Compounds (GW)
Present: Yes/No
Annually
Grab
1, 4, 5
82546
Water Level, Distance from measuring point
feet
3 x Year
Calculated
1, 2, 3
I. 3 x Year monitoring shall be conducted in March, July, and November; Annual monitoring shall be conducted in November.
2. The measurement of water levels shall be 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
pH shall be made 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 measuring point for each monitoring well. The measuring points (top of
casing) of all monitoring wells shall be surveyed relative to a common datum.
4. If TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysis shall be conducted to identify the individual constituents comprising
-_this TOC 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 exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. _
5. Monitoring wells shall be reported consistent with the nomenclature and -location information°provided-in Figure-1- and -this-attachment:----__
WQ0018708 Version 3.0 Attachment C Page 1 of 1

TECHNICAL SPECIFICATIONS.,
LAKE CREEK CORPORATION
BAY TREE LAKES
WASTEWATER TREATMENT PLANT EXPANSION
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ENGINEERING SERVICES PROJECT #0'803, 2
October 14, 2008
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OWNER
LAKE CREEK CORPORATION
0,,\ CAR94
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Ifok I
ENGINEERING SERVICES, P.A.
518, VILLAGE COURT
P.O. BOX 1849
GARNER, NC 27529
[phone]
RECEIVED I DENR / DWQ
AQUIFFP*PRnTFVT10N,qF-GTI0N
NOV 0 6 2008
RECEIVED
OCT
A LICAN XG00

irrigation, and
construction of a 10,000-gallon expansion consisting of a new splitter box, additional 6,500-gallon
aeration tank, clarifier and 5,000-gallon sludge holding tank,
to serve Baytree Lakes etc.
The above language is in the 3 February 2009 permit issued to address the plant upgrade design by Brian
Cox with Engineering Services. I've scanned a copy of the front page of th,e teIchnical specifications for
reference.
Here is the language that I recommend be inserted into the permit in section! I. SCHEDULES:
A no -tap moratorium shall be imposed on Baytree Lakes wastewater treatment system until such time
that the wastewater treatment plant is upgraded or the collection system is upgraded/repaired to
minimize inflow & infiltration (1& 1) and engineer's certification is provided lto the Division of Water
Resources. The upgrade to the wastewater system or collection system�'shall be adequate to handle
the amount of waste generated by the Baytree Lakes community and maintain compliance with the
flow limits outlined in the permit.
Attached with this permit is the Notification of Sewer Moratorium letter and Public Notice that needs
to be published in the local newspaper within 15 days of receipt of this:permit. Certification shall be
sent to the Division of Water Resources — Fayetteville Regional Office, at the address provided on the
moratorium letter, indicating the date that the Public Notice will be published. Also within 15 days of
receipt of this permit, Redbird Land Company LLC shall contact the Fayetteville Regional Office to
schedule a site visit so a reconnaissance can be made of the-Baytree Lakes community to confirm the
number of homes currently in existence and document the number of homes currently under
construction Until this no -tap moratorium is rescinded by the Division;of Water Resources, no new
connections shall be made to the collection system. Contact Trent Allen at�the Fayetteville Regional
Office at 916-433-3336 to schedule the site visit.
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