WQ0018708_Staff Report_20200226

State of North Carolina
Department of Environmental Quality
Division of Water Resources
WATER QUALITY REGIONAL OPERATIONS SECTION
Division of Water Resources NON -DISCHARGE APPLICATION REVIEW REQUEST FORM
January 14, 2020 DEQ10INR
To: FRO-WQROS: Trent Alien / Mark Brantley
JAN 17 2020
From: Ashley Kabat, Water Quality Permitting Section - Non -Discharge Branch WOROS
FAYET1'EI 101 REG0 NAI. OFFICE
Permit Number: WQ0018708
Applicant: Redbird Land Company, LLC
Owner Type: Organization
Facility Name: Baytree Lakes W WTP
Signature Authority: Jack Carlisle
Address: 8620 River Rd., Wilmington, NC 28412
Fee Category: Non -Discharge Major
Comments/Other Information:
Permit Type: Wastewater Irrigation
Project Type: Change of Ownership
Owner in RIMS? No
Facility in BINIS? Yes
Title: Manager
County: Bladen
Fee Amount: $4 - Minor Mod
Attached, you will find all information submitted in support of the above -referenced application for your review,
comment, and/or action. Within 45 calendar days, please take the following actions:
® Return this form completed. ® Return a completed staff report.
❑ Attach an Attachment B for Certification. ❑ Issue an Attachment B Certification.
When you receive this request form, please write your name and dates in the spaces below, make a copy of this sheet, and
return it to the appropriate Central Office Water Quality Permitting Section contact person listed above.
RO-WQROS Reviewer: J i 1 BAi 16f,
Date:
FORM: WQROSNDARR 09-15 Page I of I

*'' State of North Carolina
Division of Water Resources
Water Quality Regional Operations Section
Environmental Staff Report
Quality
To: ❑ NPDES Unit ® Non -Discharge Unit
Attn: Ashley Kabat
From: Jim Barber
Fayetteville Regional Office
Application No.: WQ0018708
Facility name: Redbird Land Company LLC
Formerly Lake Creek Corp.
d/b/a Ba tree Lakes
Note: This form has been adal2ted from the non-dischar e faci1i staff rel2ort to document the review of both non -
discharge and NPDES pen -nit applications and/or renewals. Please complete all sections as they are applicable.
1. GENERAL AND SITE VISIT INFORMATION
1. Was a site visit conducted? ® Yes or ❑ No
a. Date of site visit: 02/17/17 and 9 October 2019
b. Site visit conducted by: Jim Barber Kent White and Torry Honeycutt
c. Inspection report attached? ❑ Yes or ® No
d. Person contacted: EnviroLink and their contact information: (252) 235 - 2132 ext.
e. Driving directions: From Fayetteville take Hyff 53 to Elizabethtown. Turn left onto Hwy 701 toward White
Lake/Clinton. At the intersection of Hwy 701 and Hwy 41 turn ri ht. Drive approx. 4.5 miles and the Ba tree
Lakes office is on the right. The entrance to the WWTP is across Hwy 41.
2. Discharge Point(s): N/A
Latitude: N/A
Latitude: N/A
Longitude:
Longitude:
3. Receiving stream or affected surface waters: Lake Drain
Classification: C Sw
River Basin and Sub -basin No.: Cape Fear/CoIly Creek/Lake Drain (18-68-17-1 Lake Drain)
Describe receiving stream features and pertinent downstream uses: agricultureprimarily blueberry
farms
II. PROPOSED FACILITIES: NEW APPLICATIONS
1. Facility Classification: (Please attach completed rating sheet to be attached to issued pen -nit)
Proposed flow:
Current permitted flow:
2. Are the new treatment facilities adequate for the type of waste and disposal system? ❑ Yes or ❑ No
If no, explain:
3. Are site conditions (soils, depth to water table, etc) consistent with the submitted reports? ❑ Yes ❑ No ❑ N/A
If no, please explain:
FORM: WQROSSR 04-14 Page 1 of

4. Do the plans and site map represent the actual site (property lines, wells, etc.)? ❑ Yes ❑ No ❑ NIA
If no, please explain:
5. Is the proposed residuals management plan adequate? ❑ Yes ❑ No ❑ NIA
If no, please explain:
6. Are the proposed application rates (e.g., hydraulic, nutrient) acceptable? ❑ Yes ❑ No ❑ NIA
If no, please explain:
7. Are there any setback conflicts for proposed treatment, storage and disposal sites? ❑ Yes or ❑ No
If yes, attach a map showing conflict areas.
8, Is the proposed or existing groundwater monitoring program adequate? ❑ Yes ❑ No ❑ NIA
If no, explain and recommend any changes to the groundwater monitoring program:
9. For residuals, will seasonal or other restrictions be required? ❑ Yes ❑ No ❑ NIA
If yes, attach list of sites with restrictions (Certification B)
Describe the residuals handling and utilization scheme:
10. Possible toxic impacts to surface waters:
11. Pretreatment Program (POTWs only):
III. EXISTING FACILITIES: MODIFICATION AND RENEWAL APPLICATIONS
Are there appropriately certified Operators in Charge (ORCs) for the facility? ® Yes ❑ No ❑ NIA
ORC: Tony Baldwin Certificate #: SI-29101 Backup ORC: Anthony Branch Certificate #:SI-990486
2. Are the design, maintenance and operation of the treatment facilities adequate for the type of waste and disposal
system? ❑ Yes or ® No
If no, please explain: The facility has had a lon term chronic problem with Inflow & Infiltration I & I
due to a poorly maintained collections stem. The facility also has more connections residences office
POA structures than permitted by sewers stem extension approvals. Based on past desk to
investigations using Bladen GIS and Goo le Earth in 2017 during the vermit renewal timeframe• the
number of structures identified in the development (approx. 170compared to the number listed in
available permits, assuming an average flow of 240gallons/day for each structure conservative the
possible flow at the facility would be 40,800 GPD. Even assurnin2 a number of homes are seasonal the
facili still exceeds the 20,000 PGD permitted flow without the I & I problem factored in.
Description of existing facilities: 20,000 GPD 0.02 MGD extended aeration plant with approximate 1 ac
polishing and (approx. 90 day storage at 20,000 GPD and 5.08 ac spra_y irrigation field with four zones
Proposed flow: current permitted flow 20,000 GPD(past permit aggrovals granted for 40,000 and 30,000
GPD. not constructed)
Current permitted flow: 20,000_GPD
Explain anything observed during the site visit that needs to be addressed by the permit, or that may be important
for the permit writer to know (i.e., equipment condition, function, maintenance, a change in facility ownership,
etc.). Facility is currently under multiple NOVs and penalty enforcements for exceedin2 flow in the system
none of which have been acknowledged by Lake Creek/BR tree Lakes ownership,specifically Steve Jones
Jr. Lake Creek Corp. dlbla Ba tree Lakes has not upgraded the treatment facilities per the permits issued
in 2000 (40,000 GPD upgrade) or 2009 (30,000 GPD upgrade reducing the 2000 Permit for monitoring
reasons). See additional comments starting on page 6 of 6 under Additional Review Items.
3. Are the site conditions (e.g., soils, topography, depth to water table, etc.) maintained appropriately and adequately
assimilating the waste? ® Yes or ❑ No
If no, please explain: At this point the facility spray irrigation sstem is functioning, but poorly mane ed
due to uncertainty about who will or is paying to maintain the system and the current level of fundin
received from residents. Each individual structure is charged a flat monthly fee. Since Bladen County
purchased the water distributions stem to Ba tree several years ago, residents receive a bill from Bladen
FORM: WQROSSR 04-14 Page 2 of 9

Coun for water and a bill from Ba tree Utilities for sewer. The sewer is a flat fee and not tied to the
amount of water used.
Groundwater at the site appears not to be impacted at this time and probably is clue to the high dilution of
the wastewater enterin2 the collections stem from 2roundwater and surface water. There are three
monitoring wells MW-1 & 31 for the spray irri ation field and one monitoring well MW-5 for the
lagoon.
4. Has the site changed in any way that may affect the permit (e.g., drainage added, new wells inside the compliance
boundary, new development, etc.)? ❑ Yes or ® No
If yes, please explain:
5. is the residuals management plan adequate? ® Yes or ❑ Na
If no, please explain: Most sludge is wasted into holding tanks that are part of the extended aeration plant.
A septage hauler is contracted to pump the holding tank and transport to a local PGTW. Some sludge is
probably_ passing thru the aeration plant and into the storage lagoon.
b. Are the existing application rates (e.g., hydraulic, nutrient) still acceptable? ® Yes or ❑ No
If no, please explain:
7. Is the existing groundwater monitoring program adequate? ® Yes ❑ No ❑ NIA
If no, explain and recommend any changes to the groundwater monitoring program:
8. Are there any setback conflicts for existing treatment, storage and disposal sites? ❑ Yes or ® No
If yes, attach a map showing conflict areas.
9. Is the description of the facilities as written in the existing permit correct? ® Yes or ❑ No
If no, please explain: Bgytree has not constructed any new infrastructure described in the permit to allow
for incoming flow into the plant to increase to 30,000 gallons/day; hence the past and recent history of
NOV's for exceeding permitted flow into the plant,
10. Were monitoring wells properly constructed and located? ® Yes ❑ No ❑ NIA
If no, please explain:
FORM: WQROSSR 04-14 Page 3 of 9

l 1. Are the monitoring well coordinates correct in BIMS? ® Yes ❑ No ❑ NIA
If no, please complete the following (expand table if necessary):
Monitoring Well
Latitude
Longitude
f ff
❑ f ff
❑ f 1f
❑ 1 f!
❑ 1 ff
❑ f 11
[3 f 1f
❑ f ff
12, Has a review of all self -monitoring data been conducted (e.g., DMR, NDMR, NDAR, GW)? ® Yes or ❑ No
Please summarize any findings resulting from this review: NOV's have been issued in the past and a current
NOV's/enforeements are outstanding with regards to flows into theplant/treatment system. See additional
comments on page 6 of 6 concerning this issue.
Provide input to help the perinit writer evaluate any requests for reduced monitoring, if applicable.
13. Are there any permit changes needed in order to address ongoing BIMS violations? ® Yes or ❑ No
If yes, please explain: See additional comments on page 6 of 6.
14. Check all that apply:
❑ No compliance issues
® Notice(s) of violation
❑ Current enforcement action(s) ❑ Currently under ]OC
❑ Currently under SOC ❑ Currently under moratorium
Please explain and attach any documents that may help clarify answer/comments (i.e., NOV, NOD, etc.)
If the facility has had compliance problems during the permit cycle, please explain the status. Has the RO been
working with the Permittee? Is a solution underway or in place?
Have all compliance dates/conditions in the existing permit been satisfied? ❑ Yes ® No ❑ NIA
If no, please explain: NOV's issued in 2017 and NOV'slenforcements issued in 20I9/2020 have signed for by
the nermittee not no response has been received to address correcting the issues warranting the NOV's nor
has any plan(s) been submitted remedy the ongoing violations.
15. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit?
® Yes ❑ No ❑ NIA
If yes, please explain: See additional comments on page 6 of 6.
16. Possible toxic impacts to surface waters: NIA
17. Pretreatment Program (POTWs only): N/A
FORM: WQROSSR 04-14 Page 4 of

IV. REGIONAL OFFICE RECOMMENDATIONS
1. Do you foresee any problems with issuance/renewal of this permit? ® Yes or ❑ No
If yes, please explain: See comments starting on page 6 of G.
2. List any items that you would like the NPDES Unit or Non -Discharge Unit Central Office to obtain through an
additional information request:
Item Reason
3. List specific permit conditions recommended to be removed from the permit when issued:
Condition Reason
4. List specific special conditions or compliance schedules recommended to be included in the permit when issued:
Condition Reason
5. Recommendation: ® Hold, pending receipt and review of additional information by regional office
® Hold, pending review of draft permit by regional office
❑ Issue upon receipt of needed additional information
❑ Issue
❑ Deny {Please state reasons: )
6. Signature of report preparers JiM. f
Signature of regional supervisor: _% tfs. -�12_ I t?goT
Date: 2,117,0)030
FORM: WQROSSR 04-14 Page 5 of

V. ADDITIONAL REGIONAL STAFF REVIEW ITEMS
This is the narrative provided with the staff in the 2017permit renewal
The Baytree Lakes development started in the early 1970's (1972 according to the Baytree/Lake Creek Corporation
website). The first few homes built had on -site septic systems and water supply wells.
The first wastewater treatment permit issued for the development was an NPDES discharge permit (NC0036404
original issue date of 28 May 1982). The facility operated under the NPDES permit until 15 August 2005, when
rescission of the permit was granted. In place of the NPDES permit, a Non -Discharge spray irrigation permit was
issued on 22 August 200I. Baytree chose to go the ND route for future wastewater management due to the existing
extended aeration plant not being able to meet effluent quality standards in the NPDES permit, along with being
hydraulically overloaded due to flows into the plant being above 20,000 GPD.
The spray irrigation system was not constructed until 2005 and put into operation in JuI,y 2005. As part of the new ND_
permit, an upgraded wastewater treatment plant was also designed and approved so the facility could increase its
treatment capacity from the original 20,000 GPD to 40,000 GPD. Treatment plant upgrades did not occur in _2005_ and
have not been constructed to date, hence the facility still being limited to 20,000 GPD operational capacity.
In 2008 Baytree submitted a revised WWTP design to change the flow to 30,000 GPD to avoid additional sam fin
requirements under the newly adopted 2T rules for facilities treating more than 30,000 GPD. Apermit was issued on
3 Feb. 2009 for the construction of an upgraded WWTP for treatment of 30,000 GPD_. To date this upgrade has not
been constructed and no timetable exists to construct the upgraded treatment works.
Baytree Lakes is currently under an NOV for _flow _violations relating to wastewater received at the extended aeration
treatment plant. Response to said NOV has not been received and the final day to respond is 15 March 2017. Baytree
has had other NOV's in the past for flow into the plant above 20,000 GPD (annual average), freeboard exceedances
and floating total exceedances.
Past Baytree ORC's have contended and acknowledged that the problem with flaw exceedances at the facility is due
to Inflow & Infiltration into the collections stem. Tligy contend that the I & I problem is related to improper or Roor
construction practices related to connecting homes to the main collection system piping. Groundwater also plays a roll
in I & I at the site due to year round groundwater tables being between 1' to 3' below ground surface.
After reviewingthe he Fayetteville files (both ND and NPDES) and B1MS; along with doing some research using Bladen
County GIS in conjunction with Google Earth, the first collection system permit (WQCSD0103) was issued_ on 1
March 2000. This permit evidently addressed collection system infrastructure installed in association with the NPDES
permit issued in I982. On 10 August 2000 a rave sewer extension permit W 0018706 was issued that allowed
for a total of 15,200 GP❑ into the Baytree collection and sewers stem. This 2000 perunit referenced that this sewer
extension would serve 38 lots (homes) in conjunction with whatever number of homes that existed prior to 2000. Also
in the cover letter and in the conditions of the permit was lan ua a that stated "a no -tap moratorium shall be
imposed on the subject property if the treatment works expansion has not been completed by the time the flows
reach 20,000 gallons per day". In 2005 another sewer extension permit was issued W 0029523 issue date 12
December 2005). This pennit added an additional flow of 11, 880 gallons per day to serve 33 lots homes usin r an
average flow of 360 gallons/day (3-bedroom home) for a_grand total_ of 27,080 GPD (not including I & 1). In the last
NPDES permit issued on 30 May 2002, the total number of homes being served by the Ba, t�ystem (under the
NPDES permit) as stated in the Exhibit A was 104. Of the 104 homes in Baytree, 40 homes were considered
second/seasonal. So in 2003, using the numbers supplied in the Exhibit A_ of the NPDES permit and the assumed flow
of 360 GPD, the possible total flow into the collection/treatment system could be 23,040 GPD 64 homes x 360 PG❑ .
In reviewing the Bladen County GIS website in 2009/2010 there were 149 homes identified and the Baytree reaE
estate office. In reviewing the Bladen Counly GIS website in March 2017; there are 166 homes identified 1 office
and 3 structures owned by the Baytree Lakes POA (clubhouses, bathhouses, etc Based on the number of homes
identified and using the assumption that apgroximately 40% of the homes are second/seasonal, that total flow into the
Baytree collectionitreatment system could be 36,000 GPD (100 homes x 360 GPD). This doesn't take into account the
Baytree real estate office I &.1 POA structures or the 60 seasonal homes. If al I structures area taken into account
then maximum monthly flows could be 61,200 GP❑ 170 homes/structures x 360 PGD not including I & 1). Also
FORM; WQROSSR 04-14 Page 6 of 9

note that there am approximately 338 empty plated lots existing, along with 7 or 8 large parcels of land adjacent to the
Baytree development that are owned by Red Bird Land Company LLC.
With the above information provided (copies of all permits referenced are available if requested), the FayetteviIle
Rep,ional office recommends that the permit for this facili not be renewed until the following issues have been
adequately addressed:
1). Permit fees for permit WOOD 18708 are still not up-to-date. Four years of permit fees from 2009 to 2012_have
recently been paid. Four years of permit fees are still outstanding covering the years from 2013 to 2016, with
$5240.00 still being owed. The 2017 bill has not been issued due to the billing month being in August-,
THIS ITEM HAS BEEN ADDRESSED AND CORRECTED BY ENVIROLINK THRU THEIR CONTRACT
FOR OPERATIONS AT BAYTREE LAKES. THERE IS CURRENTLY ONE OVERDUE BILL FROM
AUGUST 2019 IN BIFMS AT THE MOMENT. THIS SHOULD BE ADDRESSED PRIOR TO THE NEW
PERMIT TO BEING ISSUED TO REDBIRD LAND COMPANY LLC.
2). According to the Bladen Coun GIS website the current owner of the propeqy that the wastewater treatment
works are on is Red Bird Land Company LLC. Undeveloped tracts of land adjacent to the Ba ree development, aloe
with several lots in the development are also owned by Red Bird Land Company LLC. The request for staff report
cover page Iists the apl2licant as Lake Creek Corporation and D.S. Jones Jr. signed the app Iication Steve Jones Sr.
died on 12 Oct. 2016 on behalf of Lake Creek Co oration and there is no mention in the application that Red Bird
Land Company LLC is the owner of the land that has the spray irrigation system, treatment plant and lagoon or the
collection system within the Baytree development per the Bladen County GIS1
CURRENT ISSUE TO BE RESOLVED WITH THIS REQUEST FOR OWNERSHIP CHANGE.
3). Based on the most recent NOV issued in 2017 and those currently issued in 2019/2024 see enclosed list and that
in BIMS) for flow exceedances and the history of non-compliance at the facility _and Lake Creek's failure to upgrade
the treatment plant as approved in two past permit submittals: the Fayetteville Regional Office highly recommends
that conditions be placed in the sprayspMy iffi ation permit as follows:
A). A no -tap moratorium will be in place starting with the receipt of the permit and shall be in place until upgrades are
made to the Baytree Lakes development collection and treatment system to allow for greater flows into the system of
up to 30,000 GPD (24,000 GPD for planning puLposes and 27,000 GPD for design submittal u oses . This shall also
include limiting any expansion requests to existing homes or structures served by the Baytree collections and
treatment system.
SEE ATTACHED MORITORIUM LETTER AND PUBLIC NOTICE TO BE FILED AND
INCORPORATED INTO THE NEW PERMIT.
Copies of the perniit should be mailed to the following list of recipients in con unction with Steve Jones Jr.:
Bladen Counly Manager
106 E. Broad Street
Bladen County Courthouse -- Room 105
Elizabethtown, NC 28337
Athi: Greg Martin, County Manager
Bladen County Building Inspections Department
450 Smith Circle
Elizabethtown, NC 28337
Attn: Matthew Chadwick., ❑irector
FORM: WQROSSR 04-14 Page 7 of 9

Bladen County Utilities Department
272 Smith Circle
Elizabethtown, NC 28337
Attn: Randy Garner, Director
Baytree Lakes POA
640 Bay Tree Drive
HarrelIs. NC 28444
Attn: Charles Atkinson, President
Attn: Jim Cra ton PropeLly Mana er
Red Bird Land Company LLC
109 Willesden Drive
Cary, NC 275I3-5567
Attn: Jack J. Carlisle
Red Bird Land Company LLC
115 Courthouse Drive
Elizabethtown, NC 28337
4). An accurate map, prepared by a NC Professional Engineer or Professional Land Surveyor, of the sewers stem for
all collection lines(gravity and force main), pump stations manholes etc. for all infrastructure installed to date. No
maps exist in the Fayetteville Regional office that depict the current approved collections stem per the permit
extensions issued on 10 August 2000 and 12 December 2005.
THIS ITEM WILL MOST LIKELY BE ADDRESSED AT A LATER DATE BY OLD NORTH
UTILITIES/ENVIROLINK ONCE THE NEW PERMITTED IS ISSUED TO REDBIRD LAND COMPANY
LLC.
5). In con- unction with the maj2, provide copies of all engineer's certifications for all infrastructure installed and in use
today. According to RIMS' there is a partial certification for 6244' of pjavity and force main sewer extension out of
9530' 12ermitted in the 12 December 2005. This partial certification was received on 18 April 2007. No certification
documents exist in the Fa etteviIle files for the 10 Au ust 2000 approval.
THIS ITEM WILL MOST LIKELY BE ADDRESSED AT A LATER DATE BY OLD NORTH
UTILITIES/ENVIROLINK ONCE THE NEW PERMITTED IS ISSUED TO REDBIRD LAND COMPANY
LLC.
Once Central Office permittin has had the opportuni to review the staff report and information provided, if a
conference call is necessa to discuss lease email a date and time that would be accel2table to you to schedule the
call. A copy of this staff report will also be provided to Jon Ris card for discussion.
The Fayetteville Regional office supports the ownership/name chap a reguest to re -issue the permit to Redbird
Land Company LLC at this time. It's the understandinE of FRO that once the ownership issue is resoled that
FORM: WQROSSR 04-14 Page 8 of 9

Redbird Land Company will negotiate the sale/transfer/givin2 of the wastewater infrastructure at the
development to Old North Utilities/EnviroLink or some subsidiary company of Old North Utilities to
manage/uparade and bring the system into compliance. This will most likely happen under a Special Order of
Consent SOC that will be submitted by Old North once ownership of the wastewater infrastructure is
finalized.
FORM: WQROSSit 44-14 Pagge 9 of 9

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 28412
Dear Mr. Carlisle:
NORTH CAROLINA
Environmental Quality
February 20, 2020
Subject:
Notification of
Baytree Lakes
Permit WQ001
Bladen County
The Division of Water Resources (hereby known as the Division) has dete'rmi
Wastewater Treatment Plant (WWTP) is unable to adequately collect and tree
wastewater treatment facility based on flows it receives on a daily basis. This
the condition that Baytree Lakes WWTP is unable to comply with the current
gallons per day (GPD) wastewater treatment and irrigation facility as set forth
WQ0018708. The treatment system can no longer treat and assimilate the wa:
from the collection system which contributes to the noncompliance of the Not
Moratorium
ied that the Baytree Lakes
1 wastewater tributary to its
etermination is based on
'Dperation of a 20,000
in Permit Number
ewater that is received
-Discharge permit.
North Carolina General Statute § 145-215.67(a) states, in part, 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. 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. I�
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). ;I
I
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 & I) 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.
D E Q:� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROUNA
oewmmemofwm � awwftt /"� 910.433.3300

�I
The moratorium will be rescinded when Redbird Land Company LLC has delnonstrated 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.
As required by NCGS 143-215.67(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 WWTP within 15
days of the receipt of this letter. Redbird Land Company LLC shall give publid1notice 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. ;I
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
11
receipt of this letter to schedule a site meeting so a site survey can be performed to determine the
11
number of existing residences currently discharging to the Baytree Lakes WWTP and to identify
the number of residences currently under construction prior to the 1 April 2020 moratorium
deadline. I
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,
DacuSigned by: II
5189C2D3DD5C426...
Trent Allen, Regional Supervisor
Division of Water Resources !L Water Quality Programs
Attachment
cc: S. Daniel Smith, Director — Division of Water Resources
'I
Nathaniel Thornburg, Branch Chief —Non Discharge Permitting
S. Jay Zimmerman, Section Chief - Regional Office Operations
Central Files — WQ0018708
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
910 — 433-3300 I

PUBLIC NOTICE
SEWER MORATORIUM I�
Baytree Lakes Wastewater Treatment Plant — WQ001'I 708
Baytree Wastewater Treatment Plant in Bladen County cannot accept the discharge of additional waste to
the Baytree Wastewater Treatment effective 1 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 1 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 toi.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 noncompliant 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 ate he 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 timel'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. I�
I
I �
I
i'
.North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
910 — 433-3300 i

Bladen County Tax Record Application - Account Information
Page 1 of 1
Bladen County Government
Account Buildings Land Sketch
Account Details for REDBIRD LAND COMPANY LLC
Select Search:
Real Property Record Search
Tax Bill Search
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aNew Search
Property Owner
REDBIRD LAND COMPANY LLC
Owner's Mailing Address
8620 RIVER ROAD
WILMINGTON, NC 28412
Property Location Address
NC 41 HWY E
Administrative Data
Administrative Data
Valuation Information
Parcel ID No. 0026201
PIN 1374-00-22-4658
Legal Desc #1 137400224658
Assessed Value $ 250,500
Legal Desc #2
Owner ID 0538918
Legal Desc #3 OFF 41
If Assessed Value not equal Market Value then subject parcel designated
Deed Year 2015
as a special class -agricultural, horticultural, or forestland and thereby
Tax District 147 - HICKORY GROVE FD
Deed Bk/Pg 0729 / 0942
eligible for taxation on basis of Present -Use.
Plat Bk/Pg /
Land Use Code 00
Land Use Desc 00
Sales Information (most recent transaction with a
value)
Neighborhood 45000
Grantor LAKE CREEK CORPORATION
Sold Date 2015-02-13
Sold Amount $ 0
Sales History - 5 Previous Sales Found for Parcel number 0026201
Parcel ID No Date Sold Name Stamps Book / Page Sale Price
1 02/13/2015 REDBIRD LAND COMPANY LLC .00 0729 / 0942 $0.00
2 02/12/2015 LAKE CREEK CORPORATION 3298.00 0729 / 0939 $1,649,000.00
3 02/07/2013 SOUTH RIVER LAND COMPANY, LLC 2500.00 0700 / 0090 $1,250,000.00
4 10/11/2012 LAKE CREEK CORPORATION .00 0322 / 0323 $0.00
5 ----- - 01701720087 --LAKE-CREEK CORPORATION= - - ---"_ -- __ =-_ _===-�00- =- - _--_------_— -- -_--_ 0:00 =- _- - --- --- - -
Back to Results I ;�Z; Print T� his Property Record Card; New Search
Data Disclaimer: All data shown here is from other primary data sources and is public information. Users of this data are hereby notified that the aforementioned public information sources should
be consulted for verification of the information contained on this website. While efforts have been made to use the most current and accurate data, Bladen County, NC and Data Providers assume
no legal responsibility for the use of the information contained herein.
Tax Bills prior to 2008 can only be searched by Account Number or Name
Please direct any questions or comments about the data displayed here to BCTax a(_Bladenco.org
This application was developed for Bladen County by NexGen Digital Document Solutions �JX��
www.ustaxdata.com A
http://bladen.ustaxdata.com/account.cfm?ownerID=538918&parcelID=0026201 &groupParcel=137400224658 2/18/202C

0729
0942 j FILED
BLADEN COUNTY
BEVERLY T. PARKS
BLADE\COGNTI' 02-12-2015 REGISTER OF DEEDS
NORT11 CAROLINA �
Real Estate FILED i Feb 12, 2015
Faclse Ta\ IM 2.00
AT 004:02:54 pm
S' BOOK 00729
This certifies that PIN VkA1 HG
is free of any delinquent ad valorem tax liens charged START PAGE 0942
to the aladen County Tax Collector but does not certify END PAGE 0944
th the d �riptioh matches this PIINSTRUMENT # 00354
Coll [t n Agent Date NCGS 151-31
NORTH CAROLINA GENERAL WARRANTY DEED I
Excise Tax: $3382.00 .
Parcel Identifier No. 0026201, 0138089, 0137460, 0138090, C
County on the _ day of ,
Mail/Box to: 115 Courthouse Drive, Elizabethtown, NC 28337
This instrument was prepared by: Hester, Grady, Hester, P.L.L.C. I
h
Brief description for the Index: 919.06 acres, more or less, Lake Creek TWSD
THIS DEED made this loth day of February, 2015, by and between
CCf tL11►0 Cal:
Lake Creek Corporation, a NC Corporation
33 West Bay Ridge Road
Harrells, NC 28444
Enter in appropriate block for each Grantor and Grantee:
character of entity, e.g. corporation or partnership.
Verified by
Redbird Land Company, LLC,
a NC Limited Liability Company,
6025 Tarin Road
Wilmington, NC 28409
i
name, mailing address, and; if appropriate,
The designation Grantor and Grantee as used herein shall include said parties,;theii• heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, 1 the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and conveunto the Grantee in fee
simple, all that certain lot or parcel of land situated in Lake Creek Township, Bladen!;County, North Carolina
and more particularly described as follows: 1.
SEE EXHIBIT A, ATTACHED HERETO AND INCORPORATED HEREIN.
I'
NC Bar Association Form No. 3 O 1976, Revised m 1/12010
Printed by Agreement with the NC Bar Association

I
07 BK:00729 PG:0943
09ge property hereinabove described was acquired by Grantor by instrument recorded in Book — Page
All or a portion of the property herein conveyed _ includes or X does not include the primary residence of
a Grantor.
A map showing the above described property is recorded in Plat Book Page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
1.
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the
right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and
that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than
the following exceptions: None. ;I
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above
written.
Lake Creek Corporation, a North Carolina Corporation
B� !i
D. Stephen ones, Jr., Vice President
State of North Carolina
County of Bladen
I, the undersigned Notary Public of the County and State aforesaid, certify that D. Stephen Jones, Jr.,
either being personally known to me or proven by satisfactory evidence, personally appeared before me this
day and acknowledged that he is Vice President of Lake Creek Corporation, a North Carolina corporation,
and that he, as Vice President, being authorized to do so, voluntarily executed the foregoing on behalf of the
company for the purposes stated therein. it
WITNESS my hand and official stamp or seal, this I day of February, 2 !I
My Commission Expires: o
NC Bar Association Form No. 3 ©1976, Revised O 1/1/2010
Printed by Agreernent with the NC Bar Association
4OTA,RY .
PUBLIC _
R
I111

0729
0944
it
BK:00729i- PG:0944
EXHIBIT A
Tract one: 328 acres, more or less, as more fully described as Tract One in a deed from Lake
Creek Corporation as Grantor to South River Land Company, LLC, Grantee, which deed is dated
the 6`h day of February 2013, and was recorded on February 7, 2013 in Deed Book 700, at page
90 of the Bladen County Registry to which reference is made for a more complete description by
metes and bounds.
But, the Grantor reserves unto itself, it successors and/or assigns, a non-exclusive right of way
easement over and along the existing dirt path on the above -described tract of land with rights of
ingress, egress and regress over and upon said tract of land.
Tract two: 590.06 acres, more or less, consisting of a composite of three contiguous tracts
containing 533.8 acres, 43.46 acres, and 12.8 acres respectively and described by reference as
follows: ii
a. 533.8 acres, more or less, as more fully described as Tract
Lake Creek Corporation as Grantor to South River Land Company, LLC, Gi
dated the 6th day of February 2013, and was recorded on February 7, 2013 i
page 90. of the Bladen County Registry to which reference is made fi
description by metes and bounds.
b. 43.46 acres, more or less, as more fully described as Tract t
Lake Creek Corporation as Grantor to South River Land Company, LLC, G1
dated the 6'h day of February 2013, and was recorded on February 7, 2013 i
page 90 of the Bladen County Registry to which reference is made fc
description by metes and bounds.
C. 12.8 acres, more or less, as more fully described as Tract t
Lake Creek Corporation as Grantor to South River Land Company, LLC, G1
dated the 6`h day of September 2013, and was recorded on September 17,
709, at page 946 of the Bladen County Registry to which reference is made
description by metes and bounds.
NC Bar Association Forth No. 3 ©1976, Revised m 1/12010
Printed by Agreement with the NC Bar Association
vo in a deed from
Ztee, which deed is
Deed Book 700, at
a more complete
;e, in a deed from
tee, which deed is
)eed Book 700, at
a more complete
in a deed from
:e, which deed is
3 in Deed Book
a more complete

6
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HORSEPEN LANE
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COMP097E NAP FOR
SOUTHRIVER LAND COMPANY, L.L.C.
LAKE CREEK TOM-WB-, BLAOEN COUNTY, NORM CAROUNA
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Lake Creek Corporation
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NC��I=�Q1 3-L�J-Q339
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�It��'-2Q'I!�rPC=QQ
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�Ir;]lul-2Q1 fi-L�,�-Q3Q2
��+'►�'COQ�187Q8
Lake Creek Corp-Ha�tree Lakes
Lake Creek Corporation
@�IC'�,�'-2Q'Ifi=L'u�-Q3'12:
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Lake CreekGvrp-flaytree Lakes
Lake Creek Corporation
�10�'u- 20'16-C�'-QQQ2
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NCI-2Q17-L�'-Q2a 4
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Nt��l-20'17-L�l-Q489
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f�r�'�-2Q�17-PC-QQ66
��+�►+'t70Q18 7 08
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Lake Creek Corporation
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1.01120018700
Lake Creek Corp-Haytree Lakes
Lake Creek Corporation
�10�'�-2Q'19-LV-03Q8
1,�►�'CQQ18,�D8
Lake Creek Corp=Haytree Lakes
Lake Creek Corporation
�IC�'-2Q1 9-L�'-Q6Q4
1,',YCQQ1 8708
Lake Creek Carp-H�aytree Lakes
Lake CreekCorparation
NC�f-2Q19-L�1-Qfi2fi
I.R�'H1QQ1 8708
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Lake Creek Corporation
hJC1,'-2Q19-L�1-Q679
'��►r-t�QQ187Q8
Lake Creek Carp-Ha�tree'Lakes
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NOV-2Q1Q-L�'-Q768
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Lake Creek Corp-H-a}tree'�Lakes
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h1C�,�-2Q1 Q-LIl-0893
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Lake Creek Corp-Haytree Lakes
Lake Creek Corporation
�I[]b'-2019-PC-Q296
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PIN:
137400303840 4
0 ner=Name:-�___________ _
REDBIRD LAND__C_ OMPANY LL_C
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Owner Name 2:
ti
Owner Address:
8620 RIVER ROAD
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Owner City:
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NC
DeedYear:
2015 .-
DeedAcres:
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Owner Zip:
28412
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Map Acres:
224
Parcelld:
26210 .'
OwnerAd:
8620 RIVER ROAD
OwnerCity:
WILMINGTON
OwnerState:
NC ".
OwnerZip:
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REDBIRD LAND COMPANY LLC
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Owner Address: 8620 RIVER ROAD
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Deed Page: 0337-'
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OwnerCity: WILMINGTON-
wnerState: NC
�OO wnerZip: 28412 'v
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2/18/2020

State of North Carolina
Department of Environmental Quality
Division of Water Resources
WATER QUALITY REGIONAL OPERATIONS SECTION
ivision of r Resources
s` NON -DISCHARGE APPLICATION REVIEW REQUEST FORM
DWate
is 1Z I II t7_1 )
January 14, 2020 ®EUDWR
To: RQ-WQ:ROS ASentvvAAllenr/V[a11c�Bantley
From: Ashley Kabat, Water Quality Permitting Section - Non-Discharge'Branch
Permit Number: WQ0018708
Applicant: Redbird Land Company, LLC
Owner Type: Organization
Facility Name: Baytree Lakes.WWTP
Signature Authority: Jack Carlisle
Address: 8620 River Rd., Wilmington, NC 28412
Fee Category: Non -Discharge Major
Comments/Other Information:
JAN 17 2020
W01ROS
Fr YETTEVILI_E REGIONAL OFF! CE
'Permit Type: Wastewater Irrigation
i
'Project Type: Change of Ownership
I'
Owner in BIMS? No
Facility in BIMS? Yes
d
Title: Manager
County: Bladen
Fee Amount: $0 - Minor Mod
i
�I
u
Attached, you will find all information submitted in, support of the. above -referenced application for your review,
comment, and/or action. Within 45 calendar days, please take the following actions:
ii
® Return this form completed. ® Return a completed, staff report.
❑ Attach an Attachment B for Certification. ❑ Issue an Attachment B Certification.
When you receive this request form, please write your name and dates in the spaces below, make a copy of this sheet, and
return it to the appropriate Central Office Water Quality Permitting Section contact person listed above.
RO-WQROS Reviewer: i /"��j� ;i Date: TQ
FORM: WQROSNDARR 09-15 Page 1 of 1

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
JACK CARLISLE — MANAGER
REDBIRD LAND COMPANY, LLC
8620 RIVER RD.
WILMINGTON, NORTH CAROLINA 28412
Dear Mr. Carlisle:
NORTH CAROLINA
Environmental Quality
January 14, 2020
Subject: Acknowledgement of
Application No. WQ0018708
BayI ree Lakes WWTP
Wastewater Irrigation System
Bladen County
The Water Quality Permitting Section acknowledges' receipt of your permit application and
supporting documentation received on January 13, 2020. Your application p i ckage has been assigned the
number listed above, and the primary reviewer is Ashley Kabat.
Central and Regional Office staff will perform a detailed review of the provided application, and
may contact you with a request for additional information. To ensure maximll um efficiency in processing
permit applications, the Division of Water Resources requests your assistance in providing a timely and
complete response to any additional information requests.
Please note that processing standard review permit applications may'take as long as 60 to 90 days
after receipt of a complete application. If you have any iquestions, please contact
Ashley Kabat at [phone] or [e-mail].
Sincerely,
I
Nathaniel D. Thornburg, Supervisor
Division of Water Resources
cc: Eayettev lleBegional-Office;-Water Quality Regional Operat ns1S.e6ti6r
Permit File WQ0018708
I
D
� W-1)
North Carolina Department of Environmental Quality Division of Water Resources
I
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
OI NORTH CARNA -
U p.n W.lFmtronm UlQuamy 919.707.9000 i

State of North Carolina
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE
Division of Water Resources FORM: NDPONC 06-16
1. EXISTING PERMiTTEE INFORMATION:
1. Permittee's name: LAKE CREEK CORPORATION
2. Signature authority's name: 1). STEPHEN JONFS per 15A NCAC 021_0106(b' ;i Title: VICE PRESIDENT
3. Permittee's mailing address: 112 HERMITAGE ROAD RECEIVEDMCDEQ/i env,.
City: CHAR1,07-1_E State: NC "Lip: 28201-
4. Permittee's contact information: Phone number: (ZL)4) 9733-7936 Email Address: JAN 13 2020
SJONFS ,vLAKECREEKCORP.COM
Non -Discharge
5. Demonstration of historical consideration for permit approval -- 15A NCAC 027'_.0126: Permitting Unit
Has the Pennittee or any parent; subsidiary or other affiliate exhibited the following?
I�
a. Has been convicted of environmental crimes under federal law or G.S. 14.3-21 5.fi'13? El Yes or ❑ No uh wy) 0
b. Has previously abandoned a wastewater treatment facility without properly closi', g that facility? 0 Yes or ElNo WYl Y--y)CV
c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ❑ No jgyj V_h 0" y/j
d. Is non -compliant with an existing non -discharge permit, settlement agreement ororder.? ❑ Yes or ❑ No. (A y) "OVI)VI
e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)Q? ❑ Yes or ❑ No t� yj VV) 0 VV K)
Ill. FACILITY INFORMATION:
I
1. Facility name: BAY'TREE LAKES WWTF
2. Facility's physical address: 33 WEST BAY. RIDGE RD
City: HARRELI.,S State: NC Zip: 28444 County: BL.ADF,N
1.
111. PERMIT INFORMATION: . ,
1. Existing permit number: WQ0018708 and most recent issuance date: Februall 3. 2009
2. Existing permit type: Wastewater Irrigation
3. Reason for the permit application: Change of Ownership
4. Has the facility been constructed? ® Yes or ❑ No
1V. APPLICANT INFORMATION:
1. Applicant's name: REDBIRD LAND COMPANY ICI_(.' j
2. Signature authority's name: JACK CARLISLE per 15A NCAC 02T_0106 b. Title: MANAGER
3. Applicant's mailing address: 8620 R1VE1Z ROAD
City: WILMINu TON State: N(' Zip: 28412-
4. App.licant's contact information:. Phone number: [phone] Email Address'! [e-mail]
5. Demonstration of historical consideration for permit approval - 15A NCAC 021._0120.
—I
Has the Applicant or any parent, subsidiary or other affiliate exhibited the following?
a.' Has been convicted of environmental crimes under Federal law or G S, J43-215.613? ❑ Yes or ® No
b. Has previously abandoned a wastewater treatment facility without properly closin'& that facility? ❑ Yes or ® No
c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑"Yes or ®No
d. Is non -compliant with an existing non -discharge permit, settlement agreement or 61-der? ❑ Yes or ® No
e. Has unpaid annual fees in accordance with 15A NCACO2T'_.0105(e) )? ❑ Yes or ® No
FORM: NDPONC 06-16 Page 1 of'-)

Existing Permittec's Certification per 15A NCAC 02T .0106(b):
attest that this application for
(Signature Authority's name & title from Application Item 1.2.)
(Facility name from Application Item 11.1.)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the
permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result
in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against
the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of
this 'application' package are not completed and that if all required supporting information and attachments are not included, this
application package will be returned as -incomplete. 1 further certify that the existing Permittee or any affiliate has not been convicted
of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty
where all appeals have been exhausted or abandoned. are compliant with any active compliance schedule, and do not have any
overdue annual fees per 15A NCAC 02T'.4105(e).
(VOTE — In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false statement,
representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature:
Applicant's Certification per 15A NCAC 02T .0106 b :
Date:
I S L E_ IM 0 No Cry +2- attest that this application for
(Signature Authority's name & title from Application Item IV.2.)
(Facility name from Application Item III)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after reissuance of the permit
into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an
enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the
Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this
application package are not completed and that if all required supporting information and attachments are not included, this
application package will be returned to me as incomplete. 1 further certify that the Applicant or any affiliate has not been convicted of
an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty
where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any
overdue annual fees per 1I 5A NCAC 02T .0105(e).
NOTE — In accord n � with General Statutes 3-215.6A and 143-215.6B, any person who knowingly makes any false statement,
representation, or °rtifi tion in any ap - to packa- shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed $10,000 s %iy�pen t 25,Ot�violation.
Signal re: a _ Date:
FORM: NDPONC 06-16 Page of

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REDBIRD LAND COMPANY LLC j
8620 RIVER ROAD
NC 41
HWY
.
WILMINGTON, NC 28412
_E
"di n is trative Data
Administrative Data
Valuation Information
'Parcel ID No 0026201
PIN 1374-00,22-
Desc #1
137400224658
Assessed i250,500 ;
i4668
"Legal
Desc #2
:Value
_ _Legal
-
,Legal Desc #3
_
OFF 41
1
Owner ID .,0538918
_ _ _-_
;Deed Year
-
2015
-- -
j
If s ss no M e
As a ed value t equal Market Value
-_
Deed Bk/Pg
10729 / 0942
then subject parcel designated as a special "
!Plat Bk/Pg
;Tax District �147 - HICKORY
class -agricultural, horticultural, or
forestland and thereby eligible for taxation
iGROVE-FID
i
on basis of Present -Use.
• • recentRECEIVED-/NCDEQ/DWR-
-tion
- - . _. _.._._ _
Land U_se Code _a 00
- - - -
!Grantor
LAKE CREEK
iLand Use Desc 00
_ �--- - - - -
JAN 13 '1020
- . -
CORPORATION
�
i Non
!Neighborhood 45000
_. -_
_
- _
Sold Date
_ - .
2015-02 113 - 11I
-Discharge .
g
i Permitting Unit
_:
;Sold Amount
I
Name 'f
Stamps Book / Page ' Sale Price
Parcel ID No Date Sold
1 1 02/13/2015
REDBIRD LAND COMPANY LLC.00
0729 /.0942 $0.00
j 2 i 02/12/2015
LAKE CREEK CORPORATION
3298:00 0729 / 0939 $1,649,000.00 1
3 ; 02/07/2013
SOUTH RIVER LAND COMPANY, LLC
2500:00 i', 0700 / 0090 $1,250,000.00
4 10/11/2012
LAKE CREEK CORPORATION
100 0322 / 0323 $0.00
.5 01/01/2008,
LAKE CREEK CORPORATION
.00 !i - / - `$0.00 M1 f
II
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i

O� 1N A r�A Beverly Eaves Perdue, Governor
Dec Freeman, Secretary
1 North Carolina -Department of Environment and Natural Resources
Coleen H. Sullins. Director
Division of Water Quality
I
February 3, 2009
D. Stephen Jones. President SCANNED
Lake Creek Corporation
33 West Bay Ridge Road RECEIVED/NCDEQ/DWR ,i DATF, Z./3 /( S
Harrells. NC 28444
JAN 13 '2020 Subject: Permit No. WQ0018708
Non-Dischar e Lake ICreek Corp-Bayttee Lakes
Pon-Disoh rge Wastewater Surface Irrigation
i3laden County
Dear Mr. Jones:
In .accordance with your permit modification request received November 6, 2008, we are
forwarding herewith Permit No. WQ0018708, dated February 3, 2009, to Lake Creek Corporation for the
construction of a 10',000-gallon wastewater treatment plant, expansion and !continued operation of the
subject wastewater treatment and surface irrigation facilities. i
This permit shall be effective from the date of issuance until June 30,12013, shall void Permit No.
WQ0018708 issued July 8, 2008, and shall be subject to the conditions and limitations as, specified
therein. Please pay particular attention to the monitoring requirements in thisj'l'permit. Failure to establish
an adequate system for collecting and maintaining the required operational information will result in
future compliance problems. Of special interest to you may be the following: }
♦ The Baytree Lakes Wastewater Treatment Facility will not be rated for 30.000 gallons per
day (GPD) until the construction of the 10,000-gallon expansion is completed. See Condition
LL for more detail. i
♦ Please note that future expansion that will result in increasim, of flow over 30,000 GPD must
comply with the design criteria (ex., effluent limits, monitoring, etc.) as stipulated under
section .0500 of rules 15A NCAC 02T.
♦ Condition IV.7., A record shall be maintained of all residuals removed from this facility.
This record shall include the name of the hauler, permit autliorzmg the disposal or a letter
from a municipality agreeing to accept the residuals, date the 1iresiduals were hauled', and
volume of residuals removed.
If any parts, requirements, or limitations contained in this permit are; unacceptable, you have the
right to request an adjudicator), hearing upon written request within thirty (3b) days following receipt of
this permit. This request must 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, 6714 Mail Service
Center. Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and bindin~u.
I
One set of approved plans and specifications is being forwarded to you. If you treed additional
information concerning this � matter, please contact Chonticha McDaniel at [phone] or
[e-mail].
One
` NoithCarolina
Aquifer. Protection Section 1636 Mail Service Coiner Raleieh. NC 27699-1636 Telephone : [phone]
Internet: www.ncwatcroualitv.ore Location: 2728 Capital Boulevard Raleigh. NC 27604 Fax 1: [phone]
Fax 2: [phone]
An Equal Opportunity/Affirmative Action Employer— 509i, Recycled,109&.Post Consumer Paper Customer Service: [phone]
• I

Sincerely,
'Ir oleen H. Sullins
cc: Bladen County Health Department , , ,
Fayetteville Regional Office, Aquifer Protection Section
Brian G. Cox/Engineering Services, PA (518 village Court, Gamcr, NC, 27529)
Technical Assistance and Certification Unit
APS Central Files
LAU Files

i -
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSIION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCI
• I
RALEIGH
SURFACE IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General
amended, and other applicable Laws, Rules, and Reg
PERMISSION IS HEREBY GRANTED TO
Lake Creek Corporation
Buren County
FOR THE
continued operation of a 20,000 gallon per day (GPD) wastewater treatment
consisting of an influent flow monitor, a barscreen, the continued use of a st
of at least thirty (30) days storage, a hypo -chlorite injection system for disinfe
r ,
.construction of a 10,000-gallon expansion consisting of a new' splitte r t
aeration tank, clarifier and 5,000-gallon sludge holding tank,
to serve Bay Tree Lakes, with no discharge of wastes to'the surface waters
received November 6, 2008, and subsequent additional information receive
Quality (Division), and in conformity with the project plan, specification:
subsequently filed and approved by the Department of Environment
considered a part of this permit.
This permit shall be effective from the date of issuance until June 30,
WQ0018708 issued July 8, 2008, and shall be ' subject to the follivir
limitations:
I. SCHEDULES [please review the entire -permit for reporting, monitoring;' a
1. Until an Engineer's -Certificationds received for the installation of all al
limited to 20,000 GPD. A certification (see attached form) must be
engineer certifying that the permitted facility has been installed in aG
approved plans and specifications, and other supporting materials
monitoring wells as applicable. .If this proiect is to be completed in pha
Certification to the Aquifer Protection Section, Division of Water Quality
Raleigh, NC 27699-1636.
2. Upon completion of the 10,000-gallon expansion and receiving of an Er
will be rated for 36,000 GPD.' I,
I
WQ0018708 Version 2.1, Shell Version 090109
I
of North Carolina as
spray irrigation facility
lagoon with a volume
prior to irrigation, and
additional 6,500-gallon
pursuant to the application
by the Division of Water
and other supporting data
d Natural Resources and -
1.3, shall void Permit No.
specified conditions and
other on -going activities]
facilities, flow will be
d from a professional
with this permit, the
g the location of all
;en completed. Mail the
1636 Mail Service Center,
ineer's Certification, flow
Page 1 of 10 '

3. The Fayetteville Regional Office,, telephone number [phone], shall be notified at least forty-
eight'(48) hours in advance (excluding weekends and holidays) of operation of the installed facilities
so that an in place inspection can be made. Such notification to the regional supervisor shall be made
during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding
State Holidays.
4. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the -request, the Division will review the
adequacy of the facilities described therein, and if wan -anted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A
NCAC '02T .0105(d) requires an updated site map to be submitted with the permit renewal
application.
II. PERFORMANCE STANDARDS
L. The surface irrigation facilities shall be effectively maintained and operated at all times so that there
is no discharge to the surface waters, nor any contravention of groundwater or surface water
standards. in, the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions due to improper operation and maintenance, or failure of the irrigation area to
adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including
those actions that may be required by the Division, such as the construction of additional or
replacement wastewater treatment and disposal facilities.
2. The issuance of this permit shall not. relieve the Permittee of the responsibility for damages to ground
or surface waters resulting from the operation.of this facility.
3. All wells that are constructed for purposes of groundwater monitoring shall be constructed in
accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water,
Supply) and any other state and local laws and regulations pertaining to well construction. ^'
4. Effluent limitations shall not exceed those specified in Attachment A.
5. Application rate(s), whether hydraulic, nutrient, or other pollutant shall not exceed those specified in .
Attachment B.
6. The compliance ,boundary for the disposal system is specified by rules in 15A NCAC 02L,
Groundwater Classifications and Standards. This disposal system was individually permitted on or
after December 30, - 1983; therefore, the compliance boundary is established at either 250 feet from
the waste disposal area, or 50 feet within the property boundary, whichever is closest to the waste
disposal area. An exceedance'of groundwater standards at or beyond the compliance boundary is
subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as- enforcement
actions in accordance with North Carolina General Statute 1-43 215.6A through 143-215.6C.
7. The Permittee shall apply for a permit modification prior. to any sale or transfer of property that
affects a compliance boundary to establish a new compliance boundary.
8. In accordance with 15A NCAC 02L .0107(d), no wells, other than monitoring wells, shall be
constructed within the compliance boundary except as provided by 15A NCAC 02L .0107(g).
9. The review boundary is established around the disposal systems midway between the compliance .
boundary and the perimeter of the waste disposal area. Any exceedance of standards at the review'
boundary shall require action in accordance with 15A NCAC 02L .0106.
WQ0018708 Version 2.1 Shell Version 090109 Page 2 of 10

i
I
10. The facilities permitted herein must be constructed according to the following setbacks:
a. The setbacks for Irrigation sites shall be as follows (all distances in feet):
L Any habitable residence or place of public assembly under separate ownership: 400
ii. Any habitable residence or place of public assembly owned by thi permittee: 200
iii. Any private or public water supply source: j 100
iv. Surface waters: I� 100
v. Groundwater lowering ditches: 100
vi. Surface water diversions: i 25
vii. Any well with exception of monitoring wells: 100
viii.Any property line: 150
ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15
X. ` Any water line from a disposal system: 10
xi. Subsurface groundwater lowering drainage systems: 100
xii. Any swimming pool: I 100
xiii.Public right of way: 50
xiv. Nitrification field: ! - 20
xv. Any building foundation or basement: 15
b. The .setbacks for Treatment and storage units shall be as follows (all Jstances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
ii. Any private or public water supply source: ! 100
iii. Surface waters: 50
iv. Any well with exception of monitoring wells: 100
V. Any property line: 50
III. OPERATION AND MAINTENANCE REQUIREMENTS
` I
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .0507 including operational functions, maintenance
schedules, safety measures, and a spill response plan.
2. Upon classification of the wastewater treatment and irrigation facilities by -the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be back-up. ORC (s) of the facilities in accordance with 15A NCAC 08G 0200. The ORC shall visit
the facilities in accordance with 15A NCAC 08G .0200 or as specified in This permit and shall comply
with all other conditions specified in these rules.
3. A suitable year round vegetative cover shall be maintained such that crop health is optimized, allows
for even distribution of effluent, and allows inspection of the irrigation sy ii em.
4. Adequate measures shall be taken to prevent wastewater ponding or runoff from the irrigation field.
5- Irrigation shall not be performed during inclement weather or when the ground is in wcondition that
will cause ponding or runoff.
i
WQ0018708 Version 2.1 Shell Version 090109 Page 3 of 10
i '

6. All waste application equipment must be tested- and calibrated at least once every two (2) years.
Records of the calibration must be maintained for five years. This testing includes the calibration of
all flow meters, as well as the calibration of the spray equipment itself (spray guns) in accordance
with the document entitled "Irrigated Acreage Determination Procedures for Wastewater Application
Equipment: Stationary Sprinkler System" by the North Carolina Cooperative Extension Service,
available at http://www.bae.ncsu.edu/programs/extension/manure/awm/progmmAand ap.htm.
7. No type of wastewater other than that from Bay Tree Lakes shall be irrigated onto the irrigation area.
8. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
9. Public access to the land application sites shall be controlled during active site use. Such controls may
include the posting of signs showing the activities being conducted at each site.
10. The residuals generated from these treatment facilities must be disposed / utilized in accordance with
15A NCAC 02T 1100. The Permittee shall maintain a residual management plan pursuant to 15A
NCAC 02T .0508.
11. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
12. Freeboard in the storage lagoon and daily holding basin shall not be less than two feet at any time.
13. A waste -level gauge, to monitor waste levels in the storage lagoon and daily holding basin, shall be
provided. This gauge shall have readily visible permanent markings indicating the 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 elevations. Caution must be
'taken not to damage the integrity of the liner when installing the gauge.
14. Future spray irrigation fields noted on Figure 2 shall be held in reserve.
15. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments. -
Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible.
IV. MONITORING AND REPORTING REOUHWMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
'necessary by the Division to ensure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed:
2. All laboratory analyses for effluent, ground waters, or surface waters shall be made by a laboratory
certified by the Division for the required parameter(s) under 15A NCAC 02H .0800.
WQ0018708 Version 2.1 Shell Version 090109 Page 4 of 10

r
3. Flow through the treatment facility shall. be continuously monitored ,'and
reported on Form-NDMR.
The Permittee shall install and maintain an appropriate flow measurenl
approved engineering and scientific practices to ensure the accurac
measurement. Flow measurement devices selected shall be capable c
maximum. deviation of less than 10 percent from true flow, accurately
once per year, and maintained to ensure that the accuracy of the measure
accepted capability of that type of device. The Permittee shall keep re,
device calibration on file for a period of at least three years. At a mini=
this documentation shall be:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow.
4. The effluent from the subject facilities shall be monitored by the Pern
location(s) for the parameter(s) specified in Attachment A.
5. The Permittee tracking the amount of wastewater disposed shall maint
records shall include, but are not necessarily limited to, the following inf
a. Date of irrigation,
b. Volume of wastewater irrigated,
c. Field irrigated,
d. Length of time field is irrigated,
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acr
f. Continuous monthly and year-to-date loadings for any non-hyd
limited in Attachment B for each field,
g. Weather conditions, and
h. Maintenance of cover crops.
6. Freeboard (waste level to the lowest elevation on the top of the embai
and daily holding basin shall be recorded weekly.
7.. A record shall be maintained of all residuals removed from this facility.
name of the hauler, permit authorizing the disposal or a letter from a m
the residuals, date the residuals were hauled, and volume of residuals re
8. Monitor wells shall be sampled at the frequencies and for 'the paramet(
9. Two (2) copies of the results of the sampling and analysis must t
(Groundwater Quality Monitoring: Compliance Report Form), ale
laboratory analyses, by the Division of Water Quality, Information
Service Center, Raleigh, North Carolina 27699-1617 on or before the 1
following the sampling month. Form GW-59 shall include the nu
appropriate well identification number. One Form'GW-59a certificati
each set of sampling results submitted.
WQ0018708 Version 2.1
Shell Version 090109
daily flow values shall be
it device consistent with
and reliability of flow
measuring flows with a
ibrated at a minimum of
:nts is consistent with the
rds of flow measurement
m, data to be included in
at the frequency(ies) and
adequate records. These
loadings for each field,
ilic parameter specifically
in the storage lagoon
record shall include the
,ality agreeing to accept
specified in Attachment C.
received on Form GW-59
with attached copies of
rocessing Unit, 1617 Mail
t working day of the month
)er of this permit and the
form shall be provided for
I.
Page 5 of 10
P
' i ,

10. Three (3) copies of all monitoring data [as specified in Conditions IV. 3. and IV. 4.] on Form NDMR
for each PPI and three (3) copies of all operation and disposal records [as- specified in Conditions IV.
5 and IV. 6.] on Form NDAR-1 for every field shall be submitted on or before the last day of the
following month. If no activities occurred during the monitoring month, monitoring reports are still
required documenting. the absence of the activity. All information shall be submitted to the following
address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
11. An annual representative soils analysis (Standard Soil Fertility Analysis) shall be conducted on each
irrigation field and the results maintained on file by the Pemnittee for a minimum of five years.. The
Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following
parameters:
Acidity
Manganese
Potassium
Calcium
Percent Humic Matter
Sodium
Copper
pH
Zinc
Magnesium _
Base Saturation (by calculation)
Phosphorus
Cation Exchange Capacity
Exchangeable Sodium Percentage
12. Noncompliance Notification:
The Peimittee shall report by telephone to the Fayetteville Regional Office, telephone number (910)
433-3300, as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; - the known passage of a slug of hazardous substance through the
facility; or any other unusual circumstances including ponding in the irrigation field or runoff
from the irrigation fields.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of disposal system resulting in a by pass directly to receiving waters.
d. ' Any time that self -monitoring information indicates that the facility has gone out of compliance
with its, permit limitations including, but not limited to, freeboard measurements, effluent
limitations, exceedances of groundwater standards, or overloading of any field.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must be reported to the Division's
Emergency Response personnel at telephone number [phone], [phone], or (919) 733-
3300. Persons reporting such occurrences -by telephone shall also file a written report in letter form
within five (5) days following first knowledge of the occurrence. This report must outline the actions
taken or proposed to be taken to ensure that the problem does not recur.
v4/
WQ0018708 Version 2.1 Shell Version 090109 Page 6 of 10

V. INSPECTIONS
1. Adequate inspection and maintenance shall be provided by the. Permittee to ensure proper.operation
of the subject facilities. l
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which mayl cause or lead to the release
of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an
inspection log or summary including at least,the date and time of inspection,. observations made, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall
be maintained by the Permittee for a period of five years from the date of the inspection and shall be.,
made available upon request to the Division or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or
facilityat any reasonable time for the purpose of determining compliance with this permit, may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
L Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C. 1 11
2. This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other�supporting data.
3. This permit is effective only with respect to' -the nature and volume Hof wastes,. described in the
application and other supporting data. No variances to applicable rulesi governing the construction
and / or operation of the permitted facilities are granted unless specificallyrequested and granted in
this permit.
4. The issuance of this permitAoes not exempt the Permittee from comply'i g with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other government agencies (local, state,
and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer
rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC
Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .0500. j�
5. In the event there is a desire for the facilities to change ownership, or there is a name change of the
Permittee, a formal permit request must be submitted to the Division on official Division form(s),
documentation from the parties involved, and other supporting materials `as may be appropriate. The
approval of this request will be considered on its merits and may or may not be approved. The
Permittee of record shall remain fully responsible for compliance until a permit is issued to the new
owner.
6. The Permittee shall retain a set of approved plans and specifications
permitted herein.
7. The Permittee shall maintain this permit until all permitted facilities 1
permitted under another permit issued by the appropriate permitting suth
WQ0018708 Version 2.1 Shell Version 090109
i
the life of the facilities
are properly closed or
�I Page 7 of 10
i
i�

B. The Permittee must pay the annual fee within thirty (30) days after being billed by the Division.
Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit
pursuant to 15A NCAC 02T .0105(e).
Permit issued this the 3'd of February, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r
of Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0019708
M
WQ0018708 Version 2.1 Shell Version 090109 Page 8 of 10

R
I
Permit. No. WQ0018708
February 3, 2009 I'
i
ENGINEER'S CERTIFICATION
Partial Final
as a duly registered Profesi
of North Carolina, having been authorized to observe (periodically, weekly, fu.
the project,
Project Name Location i
. I
for the Permittee hereby state that, to the best of my abilities, due care and dili;
.observation of the construction such that the construction was observed t6 be t
compliance and intent of this permit, the approved plans and specifications, an
materials.
I
Signature Registration f9
Date
I
I
r
i
WQ0018708 Version 2.1 Shell Version 090109
I;
I;
anal Engineer in the State
time) the construction of
!d County
,nce was used in the
ilt within substantial
other supporting
- . Page 9 of 10

THIS PAGE BLANK
WQ0018708 Version 2.1 Shell Version 090109 Page 10 of 10

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001— WWTP Effluent (effective until completion and certification of expansion)
Permit Number: WQ0018708
r
Version: 2.1
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Parameter Description - PCS Code
Monthly Average
Weekly Average
Daily Maximum
Measurement
Frequency
Sample
Type
SOD. 5-Day (20 Deg. C) - 00310
4 X year
Grab
Solids, Total Suspended - 00530
4 X year
Grab
Nitrogen. Ammonia Total (as N) - 00610
4 X year
Grab
Nitrogen. Nitrate Total (as N) - 00620
4 X year
Grab
Coliform. Fecal MF, M-FC Broth,44.5C - 31616
4 X year
Grab
Nitrogen. Kjeldahl, Total (as N) ,- 00625
4 X year
Grab'
Nitrogen. Total (as N) - 00600
4 X year
Grab
PH - 00400 a -
2 X month
Grab
Chlorine. "Total Residual - 50060 °
2 X month
Grab
Solids. Tolal Dissolved- 180 Deg.0 - 70300
3 X yeai
Grab
Chloride (as Cl). - 00940
3 X year
Grab
Flow. in conduit or thru treatment plant - 50050
20,000
GPD
Continuous
Recorder
® Monitoring frequency for this parameter may be changed to weekly if the Division determines that the data for this parameter indicate or suggest wide range
fluctuations:=
4 X year sampling shall be conducted every March, July, September and November.
r -
'3 X year sampling shall be conducted every March, July and November.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
W00018708 Version 2.1 Attachment A
Page I of 2

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS - Permit Number: WQ0018708
PPI 002 — Expanded WWTP Effluent' (effective upon completion and certification of expansion)
Version: 2.1
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS r
Parameter Description - PCS Code
p
Monthly Average
Weekly Average
Daily Maximum
Measurement
Frequency
Sample
Type
BOD, 5-Day (20 Deg. C) - 00310
4 X year
Grab
Solids. Total Suspended - .00530
4 X year
Grab
Nitrogen, Ammonia Total (as N) - 00610
4 X year
Grab
Nitrogen. Nitrate Total (as N) - 00620
4 X year
Grab
Coliror iL Fecal MF,.M-FC Broth,44.5C - 31616
4 X year
Grab
Nitrogen. Kjeldahl, Total (as N) - 00625
4 X year
Grab
Nitrogen. Total (as N) - 00600
4 X year
Grab
pH - 00400 b
2 X month
Grab
Chlorine, Total Residual = 50060 b
2 X month
Grab
Solids, Total Dissolved- ISO Deg.0 - 70300
3 X year
Grab
Chloride (as CI) - 00940
3 X year
Grab
rlow, in conduit or thru treatment plant - 50050
30,000
GPD
Continuous
Recorder
Monitoring requirements are subject to change upon submission and approval of any future expansion that wilLresult in increasing of flow over 30,000 GPD .
b Monitoringfrequency for this parameter may be changed to weekly if the Division determines that the data for this parameter indicate or suggest wide range
q Y P Y g Y� P gg g
fluctuations.
4 X,year sampling shall be conducted every March, July, September and November.
3 X year sampling shall be -conducted every March, July and November. ti
There shall be no discharge of floating solids or visible foam in other than trace amounts.
;e 2 of 2
WQ00113 Jersion 2.1 Attachment A

ATTACHMENT B -APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0018708 Version: 2.1
Lake Creek Corporation — Baytree Lakes
UTILIZATION AREA INFORMATION
APPLICATION LIMITATIONS
FlekV
Basin
Owner
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
- Parameter
Hourly
Avg
Yearly
Max
Units
I
Lake Creek Corporation
Bladen
34041'27"
78°2524"
5.08
WgB
01284 - Application Surface Irrigation
0.25
105.8
inches
Total
------------- - -- - - - - -- - - - - - - - -- ----
W00018708 Version 2.1
Attachment B
Page I of 2

THIS PAGE BLANK
WQOO I Sc4ersion 2.1 Attachment B 'age 2 of 2

C.
C/
ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS
Monitoring wells: MW-1, MW-2, MW-3, and MW-5.
Permit Number: WQ0018708 Version: 2.1
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
Parameter Description - Parameter Code
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
Water level, distance from measuring point - 82546
3 X year
Calculated
a, b, c, e
pl l - 00400
6.5 - 8.5
su
3 X year
Grab
a, b, e
Coliform. Fecal ME M-1'C Broth.44.5C - 31616
3 X year
Grab
a, e
Solids. 'l'otal Dissolved- 180 Deg.0 - 70300
500
mg/I
3 X year
Grab
a, e
Carbon. Tot Organic (TOC) - 00680
10
mg/I
3 X.year
Grab
a. d, e
Chloride (as CI) - 00940
250
mg/I
3 X year
Grab
a. e
Nitrogen. Ammonia Total (as N) - 00610
3 X year
Grab
a. e
Nitrogen. Nitrate Total (as N) - 00620
10
mg/I
3 X year
Grab
a, e
Phosphorus, Total (as P) - 00665
3 X year
Grab
a, e
a. 3 X year monitoring shall be conducted in March. July & November. Annual monitoring shall be conducted every November.
b. 1lie 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
orpi I shall be made after purging and prior to sampling for the remaining parameters.
c. 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.
d. If '1'OC concentrations greater than 10 mg/I are detected in any downgradient monitoring well, additional sampling and'analysis must 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/I, this concentration will be taken to represent the naturally occurring
1'OC-concentration. Any exceedanees_of this naturally_ occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above.
e. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 2 and this attachment.
WQ0018708 Version 2.1 Attachment C Page 1 of I.

Ze
I IN.
L
h MD
P=6-
N.
IN,
'77
IN
SCALE IN FEET �. 'r. ,�1 n. ^� / .2
2,000 4,boo �),- Bm
W. 67'
ring
zcy 41M.
ci
.161
7E*'
Ix
FIGURE
LAIM CREEK CORPOR-kT'ON - BAY TREE L-kUS
SPRAY IRRIGATION SYSTEM
Y TRE=- LA>= f BLADED COU Ty
jj.ATE PARKSITE LOCATIONMAP

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-
`i`3'a.�J .. .y
�... ,• .. 7 ,j .,. r�s 't Tit �.c.
S "i s7

RECEIVED/NCDEQ/DWR
OPERATING AGREEMENT JAN 13 2020
OF
REDBIRD LAND COMPANY, LLC Non -Discharge
Permitting Unit
THIS OPERATING AGREEMENT OF REDBIRD LAND COMPANY, LLC (this
"Agreement"), dated as of August2015, 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
Companyshall 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 banla uptcy 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 fixture 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-

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 Interestof 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 S. Allocation of Profits, Losses, and Tax 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(6) 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 'I, -
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 i
§ 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,
an other thfrom Company loans and capital contributions, and (ii) any fundsreleased 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; provid 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 term 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;
i
(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, nsideration 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. Qncel, 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'D, (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 liy 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
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 subject 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
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 rej ect 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
691243054

(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 ekists. 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 & 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 rem ia_ning
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 party 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 (3Oth) 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

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 minimize
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--1

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-b

is
IN WITNESS WHEREOF, the parties hereto have executed, sealed, and delivered this
Agreement as of the date first above written.
COMPANY:
i
REDBIRD LAND COMPANY, LLC it
1
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MEMBERS:
:.�46(
D. Stephen J
15
69124305-4

i
Member
Carlisle'
Jones
Exhibit A
Capital Accounts
Percentage Interest
51.0%
49.0%
100.0%
1
16
69124305-4
Description of
Contribution
cash
cash
Capital Account
$51,000.00
$49,000.00
$100,000.00

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@2009-2020 Dude Solutions. All Rights Reserved. I Software Notices
RECEIVED/NCDEQ/DWR
JAN 13 1026
Non -Discharge
Permitting Unit
2.
oil

NOTICE TO REGISTERED AGENT:
Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
D STEPHEN JONES SR -
Lake Creek Corporation (0306764)
PO Box 1029 it
Clinton, NC 28328 'I
I
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RECEIVED/NCDEQ/DWR
State of North Carolina
I-= Department of the Secretary of State JAN 13 7020
Non -Discharge
Permitting Unit
CERTIFICATE OF ADMINISTRATIVE: DISSOLUTION
I, "Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that
Lake Creek,Corporation
has been administratively dissolved pursuant to;the procedure set forth
for failure to file an annual report effective as of the date set forth herei
A corporation administratively dissolved under N.C.G.S. Section 55-1�
of State for reinstatement by complying with the procedure set forth in
This the 28th day of September,
I
y . Elaine F. Marshall I'
Secretary of State
Document Id: C201527102532
'I
.C.G.S. Section 55-14-21
1 may apply to the Secretary
N.C.G.S. Section 55-14-22.

State of North Carolina
PO Box 29622
Raleigh, NC 27626-0622
5029311
LAKE CREEK CORPORATION
Attn: D STEPHEN JONES SR
33'West Bay Ridge Road
Harrells, NC28444
NOTIFICATION OF REVENUE SUSPENSION
us P—M Paid
Permit2 M
Addgh, we
Please be advised that the North Carolina Department of Revenue has suspended
the entity identified on the reverse of this postcard for failure to comply with the
requirements of North Carolina General Statute § 105-230(a).
Pursuant to N.C.G.S § 105-230(b), "Any act performed or attempted to be
performed while the entity is suspended is invalid and of no effect until the entity
is reinstated by the North Carolina Department of Revenue pursuant to'
N.C.G.S. § 105-232."
In order to be reinstated, please contact the North Carolina Department of
- - - - - -Revenue--at-(877)-919-181-9-extension-1120406.=Once you-have_con:ected the=
deficiency, the North Carolina Department of Revenue will take action to remove
the suspension pursuant to N.C.G.S. § 105-232.
Additional contact information may be found at www.dor.state.nc.us.
October 2015
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RECEIVED/NCDEQ/DWR
ASSET PURCHASE AGREEMENT JAN 13'2020
THIS AGREEMENT made this, 1114 day of 5-C,61;M 6e r- 2@I -", l h°
uff
between REDBIRD LAND COMPANY, LLC, a North Carolina' limited liabil�t 1"�o'm` any
("Buyer"), and LAKE CREEK CORPORATION, a North Carolina corporation ("Seller").
FOR AND IN' CONSIDERATION OF THE MUTUAL PROMISES SET FORTH
1.
HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND
SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO
AGREE AS FOLLOWS:
Section 1. Definitions
(a) "Property" means and refers to the certain tract or parcel of land (the "described on
Exhibit A attached hereto and incorporated herein by this reference together with necessary
personal property and licenses necessary to operate the Bay Tree Utility Company (which may
be referred 'to hereinafter as- "Property" or "Utility"). Property and/or Utility specifically include
the following:
(i) The right to own and operate the existing sewer treatment ;facility known as Bay Tree
Utility Company located at the development in Bladen County'iknown as Bay Tree Lakes;
(ii) All easements, rights of -,way, and declarant rights retained `by Seller which are
`utilized or may be utilized in the operation of said facility;
(iii) . All personal property and fixtures which are utilized or may be utilized in the
operation of said facility;
(iv) All rights and obligations pursuant to contract berii*eeni Envirolink, Inc. and Lake
Creek Corporation to manage and maintain the Utility.
('b) "Purchase Price" means the sum of S3,356,500. (the "Base Purchase Price" as defined
below), paid to or on behalf of Seller on the following terms:
(i) Funding in February,.%2015 to pay off debts to South River Land- Company and
Stephen W. Tatum in the amount of $1,942,000; and,
(ii) Assumption of debt of Tomahawk Land Carolina LLC; inl July 2015 evidenced by an
assumption agreement of even date herewith by and between 'Tomahawk Land Carolina,
LLC, Redbird Land Company, LLC, and Ample Financial Se'rvices,, LLC, for the sum of
S1,414,500.
(c) "Seller's Notice Address" shall be as follows:
Lake Creek Corporation
Attention: D. S. Jones, Jr.
33 West Bay Ridge Road
Harrells, North Carolina 28444
Telephone: [phone]
Facsimile: 910-532-2283
except as same may be changed pursuant to Section h0. l

(d) "Buyer's Notice Address" shall be as follows:
;.i Redbird Land Company, LLC
Attention: Jack Carlisle
33 West Bay Ridge Road
Harrells, North Carolina 28444
Hatch, Little &Bunn, L.L.P.
327 Hillsborough, Street
Raleigh, North `Carolina 27603
Attn.: A. Bartlett White
except as same may be changed pursuant to Section 10.
Section 2. Proration of Expenses and Payment of Costs.
Seller and Buyer agree that the all expenses and costs related to the operation of the
Utility due as of the date of this agreement, or which thereafter become due, shall be assumed by
Buyer.
Section 3. Sale of Property.
This agreement contemplates the transfer of real property and personal property including
rights which require approval by the State of North Carolina, and specifically the North Carolina
Department of Environment and Natural Resources (NICDENR), to operate the Utility described
herein. The Buyer may elect to assign all rights to a separate entity, created for the purpose of
operating the Utility.
Section 4. Payment of "Base Purchase Price"
Seller acknowledges receipt of the base purchase price as set forth above which includes
assignment of Seller's debt to Ample Financial Services, LLC and modification of the terms of
the same, as well as the transfer of property from Tomahawk Land Carolina, LLC. Seller agrees
to transfer the property as of the closing date as determined in Section 9 herein, and agrees to
promptly deliver all documents of title as of said date,
Section 5. Title.
Seller agrees to convey fee simple marketable title to the Property by general warranty
deed, subject only to the exceptions hereinafter described. Seller represents and warrants that
Seller is the fee simple owner of the Property, and at Closing, Seller shall deliver to Buyer good
and marketable fee simple title to said Property, free and clear of all liens, encumbrances and
defects of title other than taxes not yet due and payable, the Declaration, and such other
encumbrances, reservations and easements and other exceptions as do not, in the opinion of
Buyer, adversely affect the Property. _
In addition, Seller is the holder of easements necessary to maintain the sewer lines and
other facilities which transfer effluent to the real property described herein, on which the Bay
Tree Utility Company operates said Utility. Seller shall assign rights in said easements to Buyer
which are necessary to the continued operation of said Utility as well as any Developer Rights

reserved to Seller (or its predecessor in title) in the Declarations filed in the Office of the
Register of Deeds of Bladen County in Book 193 at page 197 and Book 193 at page 215, as those
agreements have been thereafter amended, to the extent said rights are necessary to the operation
of said Utility.
Section 6. Conditions.
This Agreement and the rights and obligations of the parties;, under this Agreement are
hereby made expressly conditioned upon fulfillment (or waiver by Buyer) of the following
conditions:
(a) Title Examination. After the date of execution'of this Agreement by Seller, Buyer shall,
at Buyer's expense, cause a title examination to be made of the Property. In the event that such
title examination shall show that Seller.'s title is not good, marketable, fee simple and insurable,
then the Buyer shall immediately notify the Seller in writing of 'all such title defects and
exceptions,, as of the date Buyer learns of the title defects, aald Seller,shall have thirty (30) days
to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30)
days of notice thereof, the Buyer may terminate this Agreement.
(b) Same Condition. If the Property is not in'substantially the same condition as of the date
of the offer; reasonable wear and tear excepted, then the Buyer may terminate the Agreement and
receive a return of the Earnest Money.
(c) Inspections and approval by the State of Forth Carolina. The parties contemplate the
approval of the transfer of ownership of all of the Utility described ;herein, including the lands
and rights therein as stated above and that the right to continue operating the same is subject to
the inspection and approval by the NCDENR.
Section 7. Risk of Loss/Damage/Repair.
Until execution of the assignment contemplated by this agreement, the risk of loss or
damage to the Property, or except as otherwise provided herein, shall be borne by Seller.
Section 8. Remedies.
In the event this Agreement is breached by either party, the other party shall have all rights
available to it at law or in equity with respect to such breach, including specific performance. .
Section 9. Closing.
Closing shall occur on or before the thirtieth (30`'') day after demand by Seller and
following the receipt of any license required by the State of North Carolina or any department or
agency thereof. The Closing shall consist of the execution and delivery by Seller to Buyer of a
general warranty deed, as well as a bill of sale for any personal property owned by Seller and
utilized in the operation of said Utility, as well as any fixtures associated with the provision of
sewer services. Other documents customarily executed by a ,seller in similar transactions,
including without limitation, an owner's affidavit, lien waiver forms and a non -foreign affidavit;
the execution by Seller and Buyer of an assignment and assumption agreement with respect to
the items described in Section 1(a)(iii), (iv), and (v) above; and the payment by Buyer to Seller
of the Purchase Price in accordance with the terns of the Purchase Price. The Closing shall be

held at the office of Buyer's attorney or such other place as the parties hereto may mutually
agree. Possession shall be delivered at Closing, unless otherwise agreed herein.
Prior to closing, and upon execution of this agreement, Seller shall make a contingent
assignment, and as described in (EXHIBIT B), secured by a deed of trust on Property (EXHIBIT
C) which shall include the real property sought to be transferred herein, which deed of trust shall
secure the Buyer until such time as the North Carolina Department of Environment and Natural
Resources or such other North Carolina agencies having jurisdiction over the transfer of
ownership of said Utility shall approve the same, it being understood and agreed that the Buyer
may establish a separate entity to take title to and assume ownership of said Utility. Upon
transfer and assignment to Buyer, Buyer shall accept assignment and assume all obligations of
Seller under and with respect to the operation of said Utility. Pending closing, Seller shall
continue to operate the Utility in the name of Seller but shall be subject to the direction and
management authority of Buyer.
Section 10. Notices.
Unless otherwise provided herein, all notices and other communications which may be or
are required to be given or made by, any party to the other in connection herewith shall be in
writing and shall be deemed to have been properly given and received on the date delivered in
person or deposited in the United States mail, registered or certified, return receipt requested, to
the addresses set out in Section 1(h) as to Seller and in Section 1(i) as to Buyer, or at such other
addresses as specified by written notice delivered in accordance herewith.
Section 11 Entire Agreement.
This agreement constitutes the sole and entire agreement among the parties hereto and no
modification of this Agreement shall be binding unless in writing and signed by all parties
hereto.
Section 12. As -Is Sale.
Except as otherwise provided herein, buyer acknowledges and agrees that seller has not
made, does not make and specifically negates and disclaims any representations, warranties,
promises, covenants, agreements or guaranties of any kind or character whatsoever, whether
express or implied, oral or written, past, present or future, of, as to, concerning or with respect to
(a) the value, nature, quality or condition of the property, including, without limitation, the water,
soil and geology, (b) the income to be derived from the property, (c) the suitability of the property
for any and all activities and uses which buyer may conduct thereon, (d) the compliance of or by
the property or its operation with any laws, rules, ordinances or regulations of any applicable
governmental authority or body, (e) the habitability, merchantability, marketability, profitability or
fitness for a particular purpose of the property, (f) the maimer or quality of the construction or
materials, if any, incorporated into the property, (g) the manner, quality, state of repair or lack of
repair of the property, (h) compliance with any environmental protection, pollution or land use
laws, rules, regulations, orders or requirements, including the existence in or on the property of
hazardous materials (as defined below) or (i) any other matter with respect to the property.
Section 13. Applicable Law.
This Agreement shall be construed under the laws of the State of North Carolina.
0

1
' II
In witness whereof, the Buyer and Seller have caused this agreement to be executed as of
the date first above written.
BUYER: SELLER:
REDBIRD LAND COMPANY, LLC LAKE CREEK C PORATION '
By: U By,
Title: LD -MANIC-9l Title:
V t Cc. • BARS 17De-p-.--
Date: g - t t ZG lj Date:
By:_
Title:
Date:
By:
Titlq
Dat(
5

EXHIBIT A
THE PROPERTY
Lying and being in Lake Creek Township, Bladen County, North Carolina, and being further described as follows:
Beginning at an existing iron pipe at the intersection of the pavement of N.C. Hwy 41 and Bull Bay Drive in the Bay
Tree Lakes Subdivision and running with the centerline of the highway South 82126' 44" West 1372,20' to an
existing iron pipe in the pavement centerline of N.C. Hwy. 41; thence leaving the highway South 070 24' 35" East
30.00' to an iron stake in the right-of-way line of said highway; thence with the right-of-way line North 820 26' 44"
East 513.34' to an existing iron stake; thence South 55137' 22" East 704.21' to an iron stake on the bank of a canal;
thence with the canal bank the following courses: South 06154' 21" East 602.18'; South 11105' 18" East 90.98'
East; South 20' 02' 59" East 72.45'; South 290 37' 19" East 276.91' to a spike nail at the corner of a bulkhead;
thence with the bulkhead to a spike nail at the: comer of the bulkhead and at the back of a concrete weir South 421
43' 47" East 71.01', said weir at the edge of Bay Tree Lake; thence with the edge of Bay Tree Lake South 50' 07'
12" West 6.19' and South 48' 45' 19" West 378.75' to an existing concrete monument, an old corner; thence with
the old line and the edge of Bay Tree Lake South 23°51' 56" West 859.20' to an old iron; thence the old line North
780 05' 25" West 3401.97' to an iron; thence North 61 ° 11' 12" West 323.73' to a comer in the old pavement
centerline of N.C. Hwy. 41; thence with the pavement centerline of N.C. Hwy. 41 as follows: North 310 31' 18"East
46.33'; North 371 17' 3 1 " East 199.98'; North 40140' 58" East 200.02% North 420 55' 5 1 " East 199.99'; North
470 05' 57" East 199.99'; North 49044' 00" East 200.04'; North 50° 46' 37" East 200.04% North 540 33' 56" East
146.60' to an existing iron stake; thence leaving the highway and running with the edge of Lake Drain Bay points
along which are located as follows: South 866 06' 17" West 408.90% South 52129' 22" West 160.60% South 790
05' 02" West 344.90% . North 65°46' 50" West 137.59'; North 83121' 40" West 268.41' and South 740 45' 22"West
251.12' to an iron; thence with the old Halifax Paper Company line North 21126' 47" East 3061.87' to a corner
in the old Halifax Paper Company line; thence a new line North 79137' 39" East 1254.57' to a corner in the
line of another old tract of Halifax Paper Company (now Blueberry Bay, LLC); thence as that line South 470
4514891 East 159.40' to a new corner; thence continuing itidth the Blueberry Bay, LLC line (See Map Book 6,
page 122; and Map Book 5, page 62 of the Bladen County Registry) South 460 30' East to an old corner;
thence as the Blueberry Bay, LLC line, South 70*30' East approximately 3000 feet to an iron pipe in the old
pavement centerline of N.C. Hwy. 41; thence with the old pavement centerline South 70140' 32" West 377.92' to
a point over the centerline of a 24" concrete pipe culvert located 2.3 miles. west of the intersection of N.C. Hwy. 41
with N.C. Hwy. 210; thence continuing with the old pavement centerline of N.C. Hwy. 41 South 70140' 32" West
124.28'; South 7411 01' 58" West 277.73'; South 79136' 39" West 280.95' and South 82' 25' 41" West 691.97' to
the Beginning containing a net area of 328.00 acres, more or less. This area includes the lot conveyed to Lake Creek
Corporation in D.B. 562 Page 29 (0.7lacres) of the Bladen County Registry and excludes the two exceptions
described below.
LESS AND EXCEPT THE FOLLOWING:
1. That tract containing 0.40 acres, more or less: conveyed in Deed Book 391 Page 367, Bladen County Registry.
2. That tract containing 0.03 acres, more or less, conveyed in Deed Book 615 Page 319, Bladen County Registry.
3. That portion of the above referenced tract that lies south of the centerline of NC Highway 41, which is excepted
and reserved from this description, together with any portion of the tract which has been conveyed by Tomahawk
Land Carolina, LLC to Redbird Land Company, LLC.
6

EXHIBIT B
NORTH CAROLINA
BLADEN COUNTY
CONTINGENT
ASSIGNMENT
I
This Assignment, made this fl! day of. September 2015, by Lake Creek Corporation,
party of the first part, to Redbird Land Company, LLC of Bladen Couii ty, North Carolina, party
of the second part;
WITNESSETH:
That for and in consideration of the sum of $10.00 and other gold and valuable
considerations, the party of the first part hereby assigns to the party'of the second part the right to
utilize for the benefit of the party of the second part, the property of the, party of the first part in
the Bay Tree Utility Company, (Utility) defined and described as follows:
(a) Property means and refers to the certain tract or parcel of land described on
Exhibit A attached hereto and incorporated herein by this reference together with
necessary personal property and licenses necessary to operate 'the Bay Tree Lake Utility
Company;
I
(b) The right to operate the existing sewer treatment facility known as Bay Tree Lakes
Utility Company located at the development in Bladen County known as Bay Tree Lakes;
(c) All easements; rights of way, and declarant rights retained by Seller which are
utilized or may be utilized in the operation of said facility;
(d) All personal property and fixtures which are utilized or may be utilized in the
operation of said facility; j
(e) Upon completion of the contingencies set forth in a Contract of Sale executed this
day, the Party of the first part shall convey the real estate on Exhibit A to the party of the
second part.
And the party of the first part hereby assigns unto the party of the second part, the right to utilize
and operate the. property and Utility known as Bay Tree Utility Company as described herein,
together with the rights included in the Contract of Sale which was executed this day. That
furthermore the art of the first art shall continue too operate Bay Tree Utility Company until
party P P y Y P Y
such time as the necessary transfer/approval can be obtained.
7

This Assignment is given in lieu of a conveyance which shall occur as soon as the party
of the first part obtains the necessary permission/license of the State of North Carolina to transfer
ownership in said property as contemplated by the Contract of Sale between the parties. The
rights granted hereunder may be assigned by the party of the second part to a separate entity to
assume management of the Utility, but the party of the second part shall maintain the right to
fully utilize the Utility for the benefit of present and future customers. This obligation is secured
by a Deed of Trust (the "Deed of Trust"), which is a lien upon the property therein described (the
"Property") in the amount of S150,000.00 which shall be deemed paid upon the completion of
the transaction contemplated Contract -of Sale between the parties.
IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be
executed, the day and year first above written.
Lake Creek Corporation, d/b/a
Bay Tree Utility Company
�U�e__ W1 (SEAL)
D. Stephen Jones, Jr., president
Lake Creek Corporation
8

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North Carolina Secretary of State Search Results Page 1 of ]
-File an Annual Report/Amend an Annual Report • Upload a PDF Filing Order a Document Online -
Add Entity to My Email Notification List • View Filings • Print a Pre, Populated Annual Report form • Print
an Amended a Annual Report form
Limited Liability Company
Legal Name
Redbird Land Company, LLC
Information
Sosld: 1426955
Status: Current -Active
I
Annual Report Status: Current
!i
Citizenship: Domestic
Date Formed: 2/9/2015
Registered Agent: Hester, Clifton
'
Addresses
Reg Office Reg Mailing
Mailing
115 Courthouse Drive 115 Courthouse Drive
8620 River Road
Elizabethtown, NC 28337 Elizabethtown, NC 28337 Wilmington, NC 28412
�j
Principal Office
8620 River Road
Wilmington, NC 28412
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S.
57D-3-20.
Manager Administrative Member
Member
Jack J Carlisle Michelle Elaine Carlisle
D. Stephen Jones , Jr.
8630 River Road 8620 River Rd.
112 Hermitage Rd
Wilmington NC 28412 Wilmington NC 28412
Charlotte NC';128207
https://www.sosne.gov/online_services/searcli/Busines's_Registration_Results
1 /3/2020