WQ0018708_Permit Correction_20200429

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
JACK CARLISLE — MANAGER
REDBIRD LAND COMPANY, Ll
8620 RIVER ROAD
WILMINGTON, NORTH CAROL
Dear Mr. Carlisle:
In accordance with
forwardm* g herewith correct
The corrections to t
1. Conditions I.1.,
Please replace Pag
corrected pages.
If you need additic
Thornburg at (919) 707-366
Enclosure
cc: Bladen County,
Fayetteville Re
Laserfiche File
Digital Permit,
NORTH CAROLINA
Environmental Quality.
April 29, 2020
28412
Subject: Permit No. WQ0018708
Correction
Baytree Lakes WWTP
Wastewater Irrigation System
Bladen County
ur written request received April 29, 2020 from Katherine Perduta, we are
Pages I and 2. of PermitNo. WQ0018708 issued April 2, 2020.
subject permit are as follows:
Z., and I.3. have been removed from the permit.
1 and 2 of Permit No. WQ0018708 issued April 2, 2020 with the enclosed
ial information concerning this permit correction, please contact Nathaniel
or nathaniel.thombur ncdenr.gov.
Sincerely,
S. Daniel Smith, Director
Division of Water Resources
i Department (Electronic Copy)
Office, Water Quality Regional Operations Section (Electronic Copy)
-onic Copy)
(Electronic Copy)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North SaBbury S'treet.1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707,9006

NORTH CAROLINA
AL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Redbird Land Company, LLC_
Bladen County
FOR THE
operation of a 30,000 gallon per day (GPD) wastewater treatment and irrigation facility consisting of the:
construction and operation of a 10,000 GPD wastewater treatment facility consisting of: a splitter box; a
6,500 gallon aeration tank; a c arifier; a 5,000 galloon sludge storage tank; and all associated piping, valves,
controls, and appurtenances; and the
continued operation of a 20,000 GPD wastewater treatment and, irrigation facility consisting of. an influent
flow meter; a bar screen; a 4,400 gallon extended, aeration plant; a 1-acre storage lagoon with at least 30=
days of effluent storage'(approximately 1.2 million gallons); a'hypo-chlorite injection disinfection system;
5.08 acres of spray irrigation area on costal Bermuda containing twenty 81.5 gallon per minute (GPM)
spray irrigation heads and ten 108.5 GPM spray irrigation heads with a spray diameter of 130 feet; and all
associated piping, valves, controls, and appurtenances
to serve the Baytree Lakes WWTP, with no discharge of wastes to surface waters, pursuant to the
application received January 13, 2020, and in conformity with the Division -approved plans and
specifications considered a p i of this_ permit.
This permit shall be effective from the date of issuance through February 28, 2026, shall void Permit No.
WQ0018708 issued February 3, 2009, and shall be subject to the following conditions and limitations:
WQ0018708 Version 2.2
Shell Version 200201
Page 1 of 11

I.
H.
SCHEDULES
1. Upon completion of cc
shall submit an engir
certifying that the pe
Administrative Code '
specifications. For phi
to track further const
certification upon proj
Resources, Non-Disch
ruction and prior to operation of the permitted modifications, the Permittee
ing certification from a North Carolina licensed Professional Engineer
tted facility has been constructed in accordance with G.S. 143-215.1,
15A Subchapter 02T, this permit, and the Division -approved plans and
and partially certified facilities, the Permittee shall retain the responsibility
:ion approved under this permit, and shall provide a final engineering
completion. Mail the Engineering Certification to the Division of Water
Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-
r.aov. [15A NCAC 02T .0116(a)]
2. The Permittee shall notifyi the Fayetteville Regional Office, telephone number [phone], at least
two business days in advance of initial operation of the constructed facilities so that the Division can
conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)]
3. Prior to operation of the modified facilities, a Final Operation and Maintenance Plan shall .be submitted
for review. The plan shall be sent to the. Division of Water Resources, Non -Discharge Branch, 1617
Mail Service Center, Raleigh, NC 27699-1617 or [e-mail]. [15A NCAC
02T .0108(b)(1)(B), 02T. 0507(a)]
4. The Permittee shall re(
1, 2025. [15A NCAC
The Permittee shall main
surface waters, nor, any
facilities fail to perform
operation and maintenw
shall take immediate coi
of additional or repla,
.0108(b)(1)(A)]
2. This permit shall not reli
water resulting from the
renewal of this permit on Division -approved forms no later than September
.0105(b), 02T .0109]
and operate the subject non -discharge facilities so there is no discharge to
travention of groundwater or surface water standards. In the event the
sfactorily, including the creation of nuisance conditions due to improper
or failure of the irrigation areas to assimilate the effluent, the Permittee
ive actions, including Division required actions, such as the construction
;nt wastewater treatment or disposal facilities. [15A NCAC 02T
the Permittee of their responsibility for damages to groundwater or surface
ration of this facility. [15A NCAC 02T .0108(b)(1)(A)]
3. Groundwater monitoring! wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent quality shall not
5. Application rates, wl
Attachment B. [I SA
the limitations specified in Attachment A. [15A NCAC 02T .0505(b)]
hydraulic, nutrient, or other pollutant, shall not exceed those specified in
02T .0505(c), 02T .0505(n)]
WQ0018708 Version 2.2 I - Shell Version 200201 Page 2 of 11

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
JACK CARLISLE - MANAGER
REDBIRD LAND COMPANY, L.
8620 RIVER ROAD
WILMINGTON, NORTH CAROI
Dear Mr. Carlisle:
In accordance with
forwarding herewith Permit
operation of the subject way
NORTH CAROLINA
Environmental Quality
April, 2, 2020
28412
Subject: Permit No. WQ0018708
Baytree Lakes WWTP
Wastewater Irrigation System
Bladen County
r permit change of ownership request received January 13, 2020, we are
WQ0018708 dated April 2, 2020, to Redbird Land Company, LLC for the
iter treatment and irrigation facilities.
The following modifications to the subject permit are as follows: The permittee has changed -from
Lake Creek Corporation to Redbird Land Company, LLC.
This permit shall be effective from the date of issuance through February 28, 2026, shall void
Permit No. WQ0018708 issued February 3, 2009, and shall be subject to the conditions and limitations
therein. The Permittee shall submit a renewal application no later than September 1, 2025.
Please pay attention to the monitoring requirements listed Attachments A, B, and C. Failure to
establish an adequate system for collecting and maintaining the required operational information shall result
in future compliance problems.
This permit contains several unique conditions that require your attention:
➢ Condition 1. 1. — A no -tap moratorium shall be imposed on Baytree Lakes WWTP until such
time that the wastewater treatment plant is upgraded or the collection system is
upgraded/repaired to minimize inflow and infiltration (I & 1) and an Engineering Certification
is provided to thle Division of Water Resources. The upgrade to the wastewater system or
collection system shall be adequate to -handle the amount of waste generated by the Baytree
Lakes community and maintain compliance with the flow limits outlined in the permit.
➢ : Condition I.2. — Within 15 days of receipt of this permit, the attached Notification of Sewer
Moratorium letter and Public Notice shall be published in the local newspaper. Certification
shall be sent to the Division of Water Resources — Fayetteville Regional Office, at the address
provided on the moratorium letter, indicating the date that the Public Notice has been published.
North Carolina Department, of Environmehial Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Mr. Jack Carlisle
April 2, 2020
Page 2 of 2
➢ Condition I.J. — Within 15 days of receipt of this -permit, Redbird Land Company,. LLC shall
contact the Fayetteville Regional Office to schedule a site visit so a reconnaissance can be made
of the Baytree Lakes community to confirm the number of homes currently in existence and
document the number of homes currently under construction. Until this no -tap moratorium is
rescinded by the lDivision of Water Resources, no new connections shall. be made to the '
collection system. Contact Trent Allen at the Fayetteville Regional Office at [phone]
to schedule the site visit.
If any parts, requirements, or limitations. contained. in this permit are unacceptable, the Permittee
has the right to request an adjudicatory. hearing upon written request within 30 days following receipt of
this permit. This request shall The in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 .Mail Service
Center, Raleigh, NC-27699-6714. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit; please contact Ashley Kabat at (919)
707-3658 or ashley.kabatQncdenngov.
- I
cc:
Sincerely,
-rS. Daniel Smith, Director
Division of Water Resources
Bladen County Health Department (Electronic Copy)
Fayetteville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Lased the File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
I

I.
NORTH CAROLINA
AL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the pro Iisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
bird Land Company, LLC
'Bladen County
FOR THE
operation of a 30,000 gallon per day (GPD) wastewater treatment and irrigation facility consisting of the:
construction and operation of a 10,000 GPD wastewater treatment facility consisting of. a splitter box; a
6,500 gallon aeration tank; a clarifier; a 5,000 galloon sludge storage tank; and all associated piping, valves,
controls, and appurtenances; and the
continued operation of a 20,000 GPD wastewater treatment and irrigation facility consisting of. an influent
flow meter; a bar screen; a 4,400 gallon extended aeration plant; a 1-acre storage lagoon with at least 30-
days of effluent storage (approximately 1.2 million gallons); a hypo -chlorite injection disinfection system;
5.08 acres of spray irrigation area on costal Bermuda containing twenty 81.5 gallon per minute (GPM)
spray irrigation heads and ten1108.5 GPM spray irrigation heads with a spray diameter of 130 feet; and all
associated piping, valves, controls, and appurtenances
to serve the Baytree Lakes WWTP, with no discharge of wastes to surface Waters, pursuant to the
application received January 13, 2020, and in conformity with the Division -approved plans and
specifications considered a part of this permit.
This permit shall be effective' from the date of issuance through February 28, 2026, shall void Permit No.
WQ0018708 issued February 3, 2009, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. A no -tap moratorium shall be imposed on Baytree Lakes WWTP until such time that the wastewater
treatment plant is upgraded or the collection system is upgraded/repaired to minimize inflow and
infiltration (I & I) and an Engineering Certification is provided to the Division of Water Resources.
The upgrade to the wastewater system or collection system shall be adequate to handle the amount of
waste generated by the �Baytree Lakes community and maintain compliance with the flow limits
outlined in the permit. [15A NCAC 02T .0108(b)(1)(B)]
2. Within 15 days of receipt of thi's permit, the attached Notification of Sewer Moratorium letter and
Public Notice shall be published in the local newspaper. Certification shall be sent to the Division of
Water Resources — Fayetteville Regional Office, at the address provided on the moratorium letter,
indicating the date that the Public Notice has been published. [15A NCAC 02T .0108(b)(1)(B)]
WQ0018708 Version 2.2 Shell Version 200201 Page 1 of 11

3. Within 15 days of receipt of this permit, Redbird Land Company, LLC shall contact the Fayetteville
Regional Office to schedule a site visit so 'a reconnaissance can be made of the Baytree Lakes.
community to confirm the! number of homes currently in existence and document the number of homes
currently under construction. Until this no -tap moratorium is rescinded by the Division of Water
Resources, no new connections shall be made to the collection system. Contact Trent Allen at the
Fayetteville Regional Office at [phone] to schedule the ,site visit. [15A NCAC 02T
.0108(b)(1)(B)]
4. Upon completion of construction and prior to operation of the permitted modifications, the Permittee
shall submit an engineering certification from a North Carolina licensed Professional Engineer
certifying that the !permitted facility has been constructed , in accordance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and
specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility
to track further construction approved under this permit, and shall provide a final 'engineering
certification upon project completion. Mail the Engineering Certification to the Division of Water
Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617; or Non-
Discharge.Reports@ncdenr. ov. [15A NCAC 02T .0116(a)]
5. The Permittee shall notify the Fayetteville Regional Office, telephone number [phone], at least
two business days in advance of initial operation of the constructed facilities so that the Division can
conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)]
6. Prior to operation of the modified facilities, a Final Operation and Maintenance Plan shall be submitted
for review. The plan shall be sent to the Division of Water Resources, Non -Discharge Branch, 16.17
Mail Service Center, Raleigh, NC 27699-1617 or Non-Discharge.Reports@ncdenr.g_ov. J.15A NCAC
02T .0108(b)(1)(B); 02T .0507(a)]
7. The Permittee shall 'request renewal of this permit on Division -approved forms no later than September
1, 2025. [15A NCAC 02T .0105(b), 02T .0109]
The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to
surface waters, nor any contravention of groundwater or surface water standards. In the event the
facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, or failure of the irrigation areas to assimilate the effluent, the Permittee
shall_take. immediate corrective actions, including Division required actions, such as the construction
of additional or replacement wastewater, treatment or disposal facilities. [15A NCAC 02T
.0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to. groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02T 0108(b)(1)(A)]
3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [15A NCAC .02C .0108]
4. Effluent quality shall not exceed the limitations specified in Attachment A. ,[15A NCAC 02T .0505(b)]
5. Application rates, wl
Attachment B. [15A
hydraulic, nutrient, or other pollutant, shall not exceed those specified in
02T .0505(c), 02T .0505(n)]
WQ0018708 Version 2.2 Shell Version 200201 Page 2 of 11

6. Wastewater irrigation fields permitted on or after December 30, 1983 have a compliance boundary that
is either 250 feet from the wastewater irrigation area, or 50. feet within the property boundary,
whichever is closest to the wastewater irrigation area. Any exceedance of groundwater standards at or
beyond the compliance boundary shall require corrective action. Division -approved relocation of the
compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common
ownership and permitted or use as a disposal system shall be treated as a single property with regard
to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h),
G.S. 143-215.1(i), G.S. 143-215.1(k)]
7. The review boundary is midway between the compliance boundary and the wastewater irrigation area.
Any exceedance of groundwater standards at or beyond the review boundary shall require preventative
action. [15A NCAC 02LI.0106(d)(1), 02L .0108]
8. The Permittee shall'
any sale or transfer c
02L .0107(c)]
9. No wells, excluding
boundary except as 1
10. Except as provided for
not the Permittee and o
County Register of Dei
a. A notice of the Der
b. Prohibits constructii
c. Reserves the right of
for purposes related
The Director may termii
[15A NCAC 02L .01071
for a permit.modification to establish a new compliance boundary prior to
.rty affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC
-approved monitoring wells, shall be constructed within the compliance
for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107]
15A NCAC-02L .0107(g), the Permitted shall ensure any landowner who is
; land within the compliance boundary shall execute and file with the Bladen
an easement running with the land containing the following items:
and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
and operation of water supply wells within the compliance boundary; and
ie Permittee or the State to enter the property within the compliance boundary
the permit.
;e the easement when its purpose has been fulfilled or is no longer needed.
WQ0018708 Version 2.2 1 Shell Version 200201 Page 3 of 11

11. The facilities herein were
a. The irrigation sites w
sites originally pennil
distances in feet):
i. Each habitable r
I Each private or
iii. Surface waters:
iv. Groundwater to
v.. Surface water d
vi. Surface water d
vii. Each well with
viii. Each property li
ix. Top of slope of
x. Each water line
xi. Each swimming
xii. Public right of i
xiii. Nitrification fie
xiv. Each building fi
miffed per the following setbacks:
originally permitted August 22, 2001. The setbacks for spray irrigation
or modified from February 1, 1993 to August 31, 2006 are as follows (all
ce or place of assembly under separate ownership:
4001
water supply source:
100
100
ditches:
100
ns (upslope):
100
ns (downslope):
100
on of monitoring wells:
100
1502
kments or cuts of two feet or more in vertical height:
15
10
100
50
20
.on or basement:
15
1 Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to;property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .02190)(5)]
b. The 20,000 GPD storage and' treatment units were originally permitted August 22, 2001. The
setbacks for storage and treatment units originally permitted or modified from February 1, 1993 to
August 31, 2006 are as follows (all distances in feet):
i.
Each habitable resi,
I
Each private or put
iii.
Surface waters:
iv.
Each well'with exc
__. v.
Each property lime:
vi.
Nitrification field:
1 Habitable resider
facilities herein
setback.
2 Setbacks to props
Permittee is leasi
[15A NCAC 02H .02
ce or place of assembly under separate ownership: 1001
water supply source: 100
50
on of monitoring wells: 100
502
20
or places of assembly under separate ownership constructed after the
originally permitted or subsequently modified are exempt from this
rty lines are not applicable when the Permittee, or the entity from which the
ng, owns both parcels separated by the property line.
,196)(5)l
WQ0018708 Version 2.2 1 Shell Version 200201 Page 4 of 11

c. The 10,000 GPD expansion treatment units were originally permitted February 3, 2009. The.
setbacks for storage and treatment units originally permitted or modified from September 1, 2006'
to August 31, 2018 are as follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 1001
ii. Each private or public water supply source: 100
iii. Surface waters: 50
iv. Each well with exception of monitoring wells: 100
v. Each property lii e: 502
1 ' Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to�property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 021-.0506(b), 02T .0506(e), 02T .0506(f)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as an on -discharge system. [15A NCAC
02T .0500]
��-- �-O eriti
2:--Tle Permittee shall maintain an Operation and Maintenance-Plfin;.which shall include operational
unctions maintenance schedules, safety measures, and a spillres �onse plan. [15A NCAC 02T
.0507(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T
.0117]
4. 'he Perms ee sh-51a 1 maintain vegetative cover -on -the -irrigation -sites, such -that -crop -health -is -optimal;
allows ev ne efflueni d'bution—and allows -inspection of1he irrigation system. [15A NCAC 02T
.0507(b)]
5. The Permittee shall take measures to prevent effluent ponding in -or runoff from the irrigation sites
listed in Attachment B. [i 5A NCAC 02T .0507(c)]
6. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02T .0505(x)]
7. Irrigation equipment shall, be tested and calibrated once per permit cycle. [15A NCAC 02T .0507(d)]
8. Only treated effluent from the Baytree Lakes WWTP shall be irrigated on the sites listed in Attachment
B. [15A NCAC 02T .050,1]
9. The Permittee- shall not
equipment installation or
10. The Permittee shall p
[15A NCAC 02T .05
11. The Permittee shall disl
02T .0508, 02T .I 100].
vehicles or heavy machinery on the irrigation area, except during
nance activities. [15A NCAC 02T .0507(e)]
public access to the wastewater treatment, storage,. and irrigation facilities.
or utilize generated residuals in a Division -approved manner. [ 15A NCAC
WQ0018708 Version 2.2 I I Shell Version 200201 Page 5 of 11

r
il
12. The Permittee shall not
facilities. [15A NCAC
13. Freeboard in the 1-acre
.0505(d)]
14. A gauge to monitor wi
readily visible permar
elevations: maximum
level at the bottom of
[15A NCAC 02T .05U
.ivert or bypass untreated or partially treated wastewater from the subject
T .05050)] `
lagoon shall not be less than -two feet at any time. [15A NCAC 02T
levels in the 1-acre storage lagoon shall be provided. This gauge shall have
markings, at inch or tenth of a foot increments, indicating the following
id level at the top of the temporary liquid storage volume; minimum liquid
temporary liquid storage volume; and the lowest point on top of the dam.
15. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible.. [15A NCAC 02T .0507(g)]
16. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0507(d)]
W. MONITORING AND REPORTING REOUIREMENTS
1. The Permittee shall, conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
r
2. A--Division-certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. Flow through the treatmept facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR. Facilities with a permitted flow less than .10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall; monitor the treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall' maintain records tracking the amount of effluent irrigated. These records shall
include the following information for each irrigation site listed in Attachment B:
a. Date of irrigation; .
b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 1-acre storage lagoon shall be
measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall
be maintained for five years, and shall be made available to the Division upon request. [15A NCAC
02T .0108(c)]
WQ0018708 Version 2.2 Shell Version 200201 Page 6 of 11

7. Three copies of all monit
each PPI and three copies
IV.6.) on Form NDAR-1
the following month. If n,
required documenting the
address:
[15A NCAC 02T .0105(1
The Perm tt_ ha-I1--Main
maintained for five years
include:
)ring data (as specified in Conditions IV.3. and IVAJ on Form NDMR for
of all operation and disposal records (as specified in Conditions IV.5. and
or every site in Attachment B shall be submitted on or before.the last day of
activities occurred during the monitoring month, monitoring reports are still
absence of the activity. All information shall be submitted to the following
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
and shall be made
ds facility. This record shall be
upon st. This record shall
a. Name of the residuals hauler; l
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept thel residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02T .0508(b)]
A maintenance-log-shallibe_kept-atA s_facility_.—T,his log shall be maintained for five years, and shall
be made available to the Division upon request. cJhis log shall include:
a. Date of flow measurement device calibration;
b. Date of irrigation equipment calibration;
c. Visual observations of the plant and plant site; and
d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
[15A NCAC 02T .0507(h)]
10. Monitoring wells MW-I, MW-2, MW-3, and MW-5 shall be sampled at the frequencies and for the
parameters specified in Attachment C. All mapping?, well construction forms, well abandonment forms
[15A NCAC 02T .0105(m)]
11. Two copies of the monit png well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
[15A NCAC 02T .01
Division of Water Resources.
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
WQ0018708 Version 2.2
Shell Version 200201
Page 7 of 11

V.
12. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be maintained at the facility for five
years, and shall be made available to the Division upon request. Each Standard Soil Fertility Analysis
shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
I `
pH
[15A NCAC 02T .0108(
13. Noncompliance
The Permittee shall rep(
within 24 hours of first k
a. Treatment of wastes
hazardous substance.
b. Any process unit fa.
adequate wastewater
c. Any facility failure rf
d. Any time self-moni
limitations.
e. Ponding in or runoff
Emergencies requiring rf
Response personnel at to
noncompliance notificati
days of first knowledge c
ensure the problem does
r
INSPECTIONS
1. The Permittee shall pert
treatment and irrigation
2. The Permittee shall'inspe
facility deterioration, an(
threats) to human health,
includes the date and tin
actions taken. The Perm:
of the inspection, and thi
.0507(h), 02T .05070A
to the Fayetteville Regional Office, telephone number [phone],
Wedge of the following:
)normal in' quantity or characteristic, including the known passage of a
(e.g., mechanical, electrical, etc.) rendering the facility incapable of
in a discharge to surface waters.
indicates the facility has gone out of compliance with its permit ,
the irrigation sites.
)orting outside normal business hours shall call the Division's Emergency
phone number [phone], [phone], or [phone]. All
ns shall file a written report to the Fayetteville Regional Office within five
the occurrence, and -this report shall outline the actions proposed or taken to
A recur. [15A NCAC 02T .0108(b)(1)(A)]
inspections and maintenance to ensure proper operation of the wastewater
ities. [15A NCAC 02T .0507(i)]
,t the wastewater treatment and irrigation facilities to prevent malfunctions,
operator errors that may result in discharges of wastes to the environment,
or public nuisances. The Permittee shall maintain an inspection log that
of inspection, observations made, and maintenance, repairs, or corrective
tee shall maintain this inspection log for a period of five years from the date
log shall be made available to the Division upon request. [15A NCAC 02T
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and irrigation facilities permitted herein
at any reasonable t time for determining compliance with this permit. Division authorized
representatives may, inspect or copy records maintained under the terms and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
WQ0018708 Version 2.2 Shell Version 200201 Page 8 of 11

VI. GENERAL CONDITIONS
1. Failure to comply with th
Division enforcement acti
2. This permit is effective
application, and Divisic
3. Unless specifically re(
or general statutes gc
NCAC 02T .0105(n)]
4. The issuance of this
regulations, or ordina
may require. [15A N
5. If the permitted facilitie
submit a permit modifii
all terms and conditions
215.1(d3)]
,.conditions and limitations contained herein may subject the Permittee to a
on. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
with respect to the nature and volume of wastes described in the -permit -
roved
plans and specifications. [G.S. 143-215. 1 (d)]
and approved in this permit, there are no variances to administrative codes
the construction or.operation of the facilities permitted herein. [15A
.it does not exempt the Permittee from complying with all statutes, rules,
that other jurisdictional government agencies (e.g., local, state, and federal)
02T .0105(c)(6)]
change ownership, or the Permittee changes their name, the Permittee shall
Jon request on Division -approved forms. The Permittee shall comply with
Fthis permit until the permit is transferred to the successor -owner. [G.S. 143-
6. The Permittee shall retain) a set of Division -approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall
until the facilities D(
8. This permit is subject to
whole or part for:
a. violation of any terr
02T;
b. obtaining a permit b
c. the Permittee's refus
i. to enter the Perr
to be kept;,:,
ii. to have access tc
iii. to inspect any in
iv. to sample any p(
d. the Permittee's failu
e. a Division determir
Administrative Cod(
[15A NCAC 02T .0110]
n this permit until the proper closure of all facilities permitted herein, or
herein are permitted by.another authority. [15A NCAC 02T .01050)]
or modification upon 60-day notice from the Division Director, in
or conditions of this permit or Administrative Code Title 15A Subchapter
misrepresentation or failure to disclose all relevant facts;
to allow authorized Department employees upon presentation of credentials:
ttee's premises where a system is located or where any records are required
any permit required documents and records;
initoring equipment or method as required in this permit; or
to pay the annual fee for administering and compliance monitoring; or
tion that the conditions of this permit are in conflict with North Carolina
or General Statutes. '
0
WQ0018708 Version 2.2 Shell Version 200201 Page 9 of 11

9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the followI}ng apply:
a The Permittee or any, parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and,all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee_ has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent,, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all`appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent,. subsidiary, or.other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0'120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
Permit issued this the 2. day �of April 2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
S. Daniel Smith, Director
Division of Water Resources
By Authority ofthe,Envir�onmental Management_ Commission
Permit Number W00618708
WQ0018708 Version 2.2 + Shell Version 200201 \ Page 10 of 11

Permit No. WQ0018708 Wastewater Irrigation System
Redbird Land Company, LLC April 2, 2020
Baytree Lakes WWTP Bladen County
i ENGINEERING CERTIFICATION
❑ Partial ❑ Final
as a duly, licensed North Carolina Professional
Engineer, having ❑ periodically / ❑ fully observed the construction of the permitted facilities, do hereby
state to the best of'my., abilities that the facility was constructed in compliance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and
specifications.
Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the
attached as -built drawings.
I
Description of variations:

.THIS PAGE BLANK

ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001— WWTP Effluent
Permit Number: WQ0018708
Version: 2.2
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS'
MONITORING REQUIREMENTS
PCs
Units of
Monthty
Monthly
Measurement
Sample
Parameter Description
Daily Minimum
Daily Maximum
Code
Measure
Average
Geometric Mean
Frequency
Type
00310
BOD, 5-Day (20 °C)
mg/L
"y±'m
w a itxw�
i
Monthly
Grab
_
00940
Chloride (as Cl)
mg/L
Q
r„
°'
3 x Year 1
Grab
50060
Chlorine, Total Residual
mg/L
Per Event 2
Grab
—3T616`
Coliform, Fecal,-M--FCBroth-44:5°C
#7I00 mL
Monthly
Grab
VMSf Fps
�µ
50050
Flow, in Conduit or thru Treatment Plant
GPD
20,000 / 30,000
r�
Continuous
Recorder
? rta�
r
00610
Nitrogen, Ammonia Total (as N)
mg/L_
„*f
Monthly
Grab
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L
Monthly
Grab
*; „}
W s b° „; y
00620
Nitrogen, Nitrate Total (as N)
mg/L
Monthly
Grab
00600
Nitrogen, Total (as N)
mg/L
k
s
Monthly
Grab
00400 -
pH
su
'' ` =
Per Event 2
Grab
, N
00665
Phosphorus, Total (as P)
mg/L
s',"-
"
x irk, w
Monthly
Grab
& „
`
70300
Solids, Total Dissolved —180 °C
mg/L
y
�
7_
r
c���
3-x Year 1
Grab
00530 '
Solids, Total Suspended
mg/L--.e„x,°
Monthly
Grab
1. 3 x Year sampling shall be conducted in March, July, and November
2. Per Event sampling shall be conducted per irrigation event, but shall not exceed 5 x Week.
3. Flow shall be increased to 30,000 GPD when an,Engin6er's Certification for the permitted 10,000 GPD modification is received, and effluent limits for BOD, Fecal Coliform, Ammonia, and
Total Suspended Solids pursuant to 15A NCAC 02T .0505(b)(1) shall be implemented.
WQ0018708 Version 2.2
Attachment A Page 1 of 1

THIS PAGE BLANK

I'
ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0018708
Redbird Land Company, LLC — Baytree Lakes WWTP
Version: 2.2
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Field
Owner
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
Hourly
Rate
Yearly
Max
Units
1
Redbird Land Company, LLC
Bladen
34.690667'
-78.423111'
5.08
WgB
01284 —Non-Discharge Application Rate
0.25
105.8
inches
Totals
5.08
WQ0018708 Version 2.2 Attachment B Page 1 of 1

THIS PAGE BLANK

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

' 0 155 310 620 Feet

ROY COOPER
Governor
MICHAEL S. REGAN
secretory
S. DANIEL SMITH
61rector
Mr. Jack Carlisle
Redbird Land Company LU
d/b/a Baytree Lakes WWTP
8620 River Road
Wilmington, North Carolina
Dear Mr. Carlisle:
The Division of Water Resou
Wastewater Treatment Plant j
wastewater treatment facility
the condition that Baytree Lai
gallons per day (GPD) wastei
,WQ0018708. The treatment s
from the collection system w[l
'8412
NORTH CAROLINA
Environmental Quallty
March 20, 2020
Subject: Notification of Sewer Moratorium
Baytree Fakes WWTP
Permit WQ0018708.
Bladen County
; (hereby known as the Division) has determined that the Baytree Lakes
NTP) is unable to adequately collect and treat wastewater tributary to its
ed on flows it receives on a daily basis. This determination is based on
WWTP is unable to comply with the current operation of a 20,000
:r treatment and irrigation facility as set forth in Permit Number
:in can no [origer treat and assimilate the wastewater that is received
contributes to the noncompliance of the Non -Discharge permit.
North Carolina General Statute § 145-215.67(a) states, in part, that no person subject to the provision of
NCGS 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.
Based upon the. facts and det+
moratorium prohibiting the ii
Baytree Lakes WWTP. This
to be connected to the W WT
introduction of significant va
the statute).
"This moratorium will remain
increase) the Baytree Lakes N
generated by the Baytree Lak
infiltration (L& I) to comply,
North Carolina registered eng
issued.under permit WQ0018
has demonstrated it can adegr
with the flow limits in permit
Water Resources suspending
nination noted above, the Baytree Lakes WWTP is_hereby placed on a
oduciion of any additional waste to the collection system tributary to the
to be interpreted as to prohibit the issuance of permits for new sewer lines
any new connections to the existing collection system, and/or the
mes of new wastewater flow via existing taps (subject to the provisions of
n effect until Redbird Land Company LLC has upgraded (design flow
WTP sufficiently to handle and treat the volume of incoming wastewater
s development or upgraded the collection system to minimize inflow and
pith the flow limits of the permit. The upgrades will need to be certified by a
neer stating that all upgrades are constructed consistent with modifications
08. The moratorium will be rescinded when Redbird Land. Company LLC
itely control wastewater flowing to the'Baytree Lakes WWTP consistent
XQ0018708 and has obtained written notification from the Division of
1e moratorium:
North Carolina Department of Environmental Quality I Division of water Resources
Fayetteville Regional office 1 225 Green Street Sulle.7141 Fayetteville, North Caiollna 28301
910.433,3300

As required by NCGS 143-21
moratorium will be piaced so
days of the receipt of this lett
by.publication of the notice o
treatment works.are-located it
sample public notice.
,67(d), Redbird Land Company LLC shali give public notice that a -
lat no additional flow can be added to the Baytree Lakes WWTP Within 15
. Redbird Land Company LLC shall give public notice of the moratorium
time in.a newspaper having general circulation in -the county in Which the
i.e. Bladen County.The notice shall be as provided jn the attached,
Redbird Land Company LLG shall provide an-aflidavit of publication and a copy of the public notice to
the Division within 15 days of the publication of the Public Notice.
Redbird Land Company LLC shall contact the Fayetteville Regional Office within 7 days of
receipt of this letter to schedule a site meeting so a site survey can be performed to determine the
number of existing residences currently discharging to the Baytree Lakes W WTP and to identify
the number of residences currently under construction prior to the 15 April 2020 moratorium
deadline.
Placement of the public notice in no way absolves. Redbird Land Company LLC from past or present
violations of North Carolina G, eneral. Statutes. Failure to place the public notice may subject Redbird -
Land Company LLC to',additional enforcemenvaction 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
moratoritim 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.. Ifyou have any questions about this letter, please contact. Trent Allen at 91 6-433-
3336 or via email [e-mail].
'Sincerely,.
Docuftned by.
5i89C2U3MICA 8..
Trent Allen,'Regional Supervisor
Division of Water Resources _ Water Quality Programs
Attachment
cc: S. Daniel Smith, Diiector — Division of Water Resources
Nathaniel Thornburg, Branch Chief —Non Discharge Permitting •
S. Jay Zimmerman,' Section Chief -Regional O.ftice.Operations
Central Files— WQ0018708
North Carolina Department orrnvironmental Quality l Division or water Resources
Fayetteville Regional Office 1223 Green Street, Suite 7141 Fayetteville. North Carolina 28301
910.-433-3300

PUBLIC NOTICE
SEWED MORATORIUM
Lakes Wastewater Treatment Plant - WQ0018708'
Baytree Wastewater Treatment Plant in Bladen County cannot accept the discharge:of additional waste to
the Baytree Wastewater Treatment effective 15 April 2020 due to non-compl iant 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
moratoriinn at its wastewaierlltreatment plant effective 15.April 2020:
On the basis of thorough staff review and, application of Article 21 of Chapter 143, General Statutes of
North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina
Environmental Management Commission has determined that the Baytree Lakes Wastewater Treatment
Plant is unable to adequately collect -and treat waste tributary'to its wastewate.rtreatment facility.
North Carolina General Statute 143-215.67(a) directs that no person subject to the provision of NCGS
143`-215.1; 143-215:108 or 143-214.109 shall cause or allow the discharge of any wastes to a waste -
disposal system in excess of the capacity of the disposal system or of any wastes which the *asterdisposal
system cannot adequately treat. The moratorium'on additional sewer connections will remain in effect
until the'Baytree Wastewater (Treatment. Plant has rectified the current noncompl iant condition of the
facility and has obtained permission from the North Carolina Environmental Management Commission
suspending the moratorium.
Permits and other information may be inspected during'normal office hodrs-at the Division of Water
Resources, Fayetteville;Regicnal Office at225 Green Street —Suite 714, Fayetteville, North Carolina
' 28301, telephone (910),'433-3 00. Copies of information on file are made available for review and
reproduction or scanning. Payment of the costs of reproduction are at the time of reproduction, invoices
will not be mailed;.
Questions regarding the status of the sewer moratorium should be directed to. Mr. Jack Carlisle. Baytree
Lakes Wastewater Treatment I Plant at.919418-767.8.
North Carolina Department orEnvironmental Quality 1 Division or Water.Resources-
1'ayetleville Regional 0111ce 1225 Green Street, Suite 7141 Fayetteville.: North Carolina 28301
919- 433-3300
0

N
THIS OPERATING
"Agreement"}, dated as ,of Ai
individual resident of North (
resident of North Carolina ("J
herein as the "Members"), ai
liability =mpany (the "Coml
WM REAS, the Q
the North Carolina Limited
WHEREAS, the M
hereof; and
WHEREAS,, the M
obligations, and responsibil
RECEIVED/NCDEA/DWR
OPERATING_ AGREEWENT JAN 13 2020
OF
42DBIIRD LAND COMPANY, LLC Non -Discharge
Permitting unit
GREEMM OF.REDBIRD LAND COMPANY, LLC (this
"t 201.5, is made by and among JACK J. CARLISLE, an
rolina ("Carlisle's, D, STEPHEN JONES, JR., an individual
let", and together with Carlisle, sometimes collectively referred to
REDBIRD LAND COMPANY, LLC, aNorth -Carolina limited
WITNESSETH:
is a limited liability company created under the provisions of
y Company Act for the purposes hereinafter described; and
consist of all of the members of the Company as of the daze
3rs desire to set forth herein their respective rights, duties,
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 "Ace). The Members agree to do or cause to be done all such
filing, recording, or other acts las may be necessary or appropriate from time to tune 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 B
business shall be 33 West
Company may designate.
Clifton Hester at 115 Cou
.69124305
less and Registered Office and Agent. The principal place of
Ridge Road, Harrells, North Carolina 29444 or such place as the
registered agent and registered office of the Company shall be H.
use Drive, Elizabethtown, North Carolina 28337.

r
SECTION •3. Purpose of
Unless otherwise H
Company shall be to engag
that the Members owning e
in the best interests of the (
managemernt or real estate,
Agreemert, the Company s
limitation, those set forth v
SECTION 4., Term
ded by the Company's Articles, the business and purposes of the
in any lawful business and to engage in any and all business activities
*ority of the Percentage Interests may from time to time deem to.be
nVany, including without limitation the acquisition, ownership and
ecurides or any other properly. Subject to the terms of this
all have all powers of the limited liability company, including without
Section 57C-2-02 of the North Carolina General Statutes.
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 1 S..hereof.
SECTION S. Definitions
For purposes of this Agreement, each of the following terms, when used with an initial
capital letter, shall have the meaning hereinafter provided
J
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 Intemal Revenue Code of 1986, as -amended from time to time.
5.4 "Defaulting Event" shall mean (i) a general assignment by a Member for the
benefit of creditors; (ii) the appointment of a receiver, trustee, or custodian for all or any
substantial part of the property and assets of a Member; (iii) the entry of an order for relief under
Federal bankruptcy laws, as amended from time to time, against a Member, or any other judgment
or decree entered against a Member by any court of competent jurisdiction, which order or decree
continues unstayed and in effect for a period of sixty (60) consecutive days, in any involuntary
proceeding against aMember under the present or future Federal bankruptcy laws or under any _
other applicable bankruptci, 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. '
691243054.
I

5.7. "Members" 1.
portion of their Percentage I
5.8 "Proxy" mea
Member tb vote on a specific
meedna of the Members. A
SECTION 6. Percentage I
Each Member's,pe
Interest' -shall be as deter
the amount of his or her aj
initial capital contribution
aggregate capital contribut
be the percentage set forth
Member.
Carlisle
Jones
TO'
All references to a "majority �,
majority of the Percentage In
SECTION 7. Capital!,
mean each of Carlisle. and Jones, or the transferee of all or a
a written statement, signed by a Member, authorizing another
latter or to vote on -/all questions that may arise for decision at a
)xy, to be valid, must specify the meeting to which it applies.
in the Company
tage interest in the Company (hereinafter referred to as "Percentage
d herein and thmt+eafter adjusted to tine extent required by dividing
pte capital contributions to the Company (including the Member's
any additional capital contribution by said Member) by the total
of all the Merubdrs. The Percentage Interest of each Member shall
)w opposite his or her name:
.AL
Perentage
Interest
51.0%
49.0%
100.0%
interest" of the Members or other designated group shall refer to a
rests then held by the Members or other designated group.
7.1 Capital Contributions. The Members have made the capital contributions to the
Company of the property desIenbed 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 asset forth in E31%it A hereto.
7.2 Additional C
be obligated or required to n
Members may, however, ma
additional capital conin'butic
pro rata by all the Members.
7.3 Capital Am
Member in accordance with
(a) To ea
capital contribution as speci
secured by contributed prop
Code section 752), and such
tax-exempt income.
OIU305
ital Contributions. Except as provided herein, no Member shall
e any additional capital. contributions to the Company. The
additional contributions to the Company provided that such
are agreed upon and approved by all of the Members and are made
s. separate Capital Accounts shall be maintained for each
following provisions: `
Member's Capital Accounts there shall be credited such Member's
d herein and any additional capital contributions (net of liabilities
V that the Company is considered to assume or take subject to under
ember's distributive share of Company income and gains, including
UN

(b), 'To each Member's Capital Account there shall be debited the amount of
cash and the fair market value of any property distdbuted to such Member (net of liabilities
secured by such distn'buted 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.
lathe 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 transkred 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 tom +n in Capital Accounts in
accordance with sections 764(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.
7A Interest on and Return of Capital: No Member shall be entitled to any interest on
such Membee 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.
7.5k Loans to t
one or more Members or
each Member shall have t
pro rate share of percental
a member chooses not to l
loan. Except as otherwise
Member shall not be conm,
contribution to the Comp;
increased share of the pre
Agreement nor shall it ch
Members.
SECTION 8.
8.1 Allocatio
shall be allocated to 'the
the period over which su
authority to make any sr
necessary or appropriate
without limitation se0do
8.2 Special R
entitled to any allocation
a negative Capital Accou
69VA305�4
Company. The Company is hereby, ,authorized to borrow funds from
iliate(s) of one or more,Members. If the Company borrows funds,
opportunity to loan its pro rats - share to the Company -based upon its
interests.. Such loans shall be at the interest rate of 12% per annum. If
ticipate in the loan, the other Members may make the remainder of the
ovided herein, the amount of a loan, if any, made to the Company by a
ered an increase in such Member's capital contribution or otherwise a
y, and the making of such loan shall not entitle such Member to an
s, losses, or distributions to be made.pursuant to the provisions of this
ge the Percentage Interest of a Member without the consent of all
of Profits, Losses, and Tax Items
in General. The profits, losses, and distributive shares of tax items
embers pro rata based upon their respective Percentage Interests during
profits, or losses, and tax items were accrued. The Members shall have
nal allocations recommended by tax counsel to the Company as
►r compliance with the provision of Subchapter K of the Code, including
0 704(b) and 704(c) thereof; and Regulations promulgated thereunder.
e Regarding Members' Capital Accounts. No Member'shall be
'Company losses if such allocation would result in the Member having
balance (after, increasing such Capital Account by any, amount which
4

the Member is obligated to
Regulations § 1.704-2, and
Treassnry Regulations §1.71
Account ba6ce (after adji
allocated -to the Members v
as adjusted, have been reds
8.3. . QwMed Ini
adjustment, allocation or dill
§ 1.704-1(bx2)(uxd)(4X6)
and manner to eliminate any
described in Section 82' abo,
"qualified income offset" as
Regulation being hereby inG
8.4 Minimum G
minimum gain (as such term
each Member shall be alloca
taxable year, an amount eqw
Company minimum gain alli
liability, or (H) the negative 1
described in Section 8.2 abo,
defined m Treasury Regulati
SECTION 9. Distributions
9.1 Distributions
distributed to the Members v
Interests, *in accordance with t
with the consent of Members
the Members annually at leas
taxes on their shares of Conq
accountant, who will be mutt
period, the excess, if any, of
other than from Company loa
Company from previously est
Company for such period, (ii)
amortimflon of the principal i
Member), (iii) c Vital expend
expenditures. as determined it
referred to in (b)C% (i) and (i
capital contributions, loans or
other funds deemed available
Members.
9.2 Distribut
otherwise, shall be made
More orris deemed to be obligated to restore pursuant to Treasury
creasing such Capital Account balance by the items set forth in
1(b)(2)(h)(d)(4)-(6)) while any other Member has a positive Capital
neat for such items). In such event, Company losses shall be
. positive Capital Accounts, as adjusted, until such Capital Accounts,
I to zero.
ue Offset. Any Member who unexpectedly receives an.
ution as described in Treasury Regulations
1 be allocated items of Company income and gain in an amount
Rcit in such Member's Capital Account (after adjustment as
as quickly as possible. This provision is intended to be a
fined in Treasury Regulations §1.704-1(b)(2)(ii)(d), such
gyrated by reference. -
n Chargeback. If there is a net decrease in the Company's
defined in Treasury Regulations § 1.704-2) during any -taxable year,
.d, before any other allocation is made of Company items for such
to the greater of (i) such Member's share of the net decrease in
,able to the disposition of Company property subject to nonrecourse
ilance in such Member's Capital Account (after adjustment as
). This provision is intended to be a `binimum gain chargeback" as
1 § 1.704-2, such Regulation being hereby incorporated by reference.
Members
of Net Cash Flow. The Net Cash Flow of the Company may be.
ith the consent of Members owning a majority of the Percentage
ieir Percentage Interests; could however, that the Company may,
owning a majority of the Percentage Interests, distribute amounts to'
t sufficient for the Members to pay their federal and state income
iany income, as determined in good faith by the Company's
ally agreeable to the Members. "Net Cash Flow" means, for any
L) the sum of (i) all gross receipts from any source for such period,
is and capital contributions, and (u� any funds released by the
iblished reserves, less (b) the sum of r) all cash expenses paid by the
all amounts paid by the Company in such period on account of the
f any debts or liabilities of the Company (including loans from any
tares of the Company, and (iv) a reasonable reserve for fiture
good faith by the Manager, rovi however, that the amounts
i) above will be taken into account only to the extent not funded by
paid out of previously established reserves. Such term also includes all
for distribution and designated in -good faith as Net Cash Flow by the
in Kind. Distributions in kind of property, in liquidation or
r with the consent of all of the Members and only at a value
6912430-9-4 ;
L

established by the Members- Prior to any such distribution in kind, the difference between such '
established value and. the book value of any such properlyto be distdbutsd shall be credited or
charged, as is .appropriate, i o the Members' Capital Accounts in proportion to their Percentage
Interests in the Company. on 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 Comp �y i 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 fnr 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 undistn'buted 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
I I
r 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-"y 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, giant
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 Ito 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.t)0 in
the aggregate; 1
(b)
Company's, bL
purposes in an
OU4305-4
money for and on .behalf of the Company in connection with the -
and to pledge the, credit and property of the Company for such
axe amount exceeding $50,000.00;
0

(c) make i apital 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 asses; -
(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
113 Compensation for Services. The Company may pay to the Managers
COMP ensation 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. Notwithstandingrhe above, Jones, in consideration of his
performance of day to day operations of the Company, and so long as he perfonas day to day
operations; shall receive compensation as follows: each year, the Company shall determine,
pursuant to Section 14.3 below, the net profit of the Company for that year, if any, and shall pay
Jones ten percent (10%) of the net profit as compensation for his day to day operations of the
Company.. Such compensation shall be an expense of the Company. Once such compensation is
paid to Jones, the Company shall then complete the accounting under Section 14.3.
__11.4 Intentionally deft 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 &a 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,. of 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 filrtheraace of its interests; provided, however, that the Company shall not be required to
indemnify a Manager for any loss, expense, or damage whichit might suffer as a -result of a
Manager's willful misconduct or gross negligence or breach of fiduciary duty.
7
69124305-4 1

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 properly held by the Company as of September 30, 2015.
SECTION 12.
Representations of the Members
12.1 Investment tent. 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.
122 Unregisten
he is aware that his interest
1933, as amended (the "Fei
Carolina, as amended (the'
Section 78A-17(9) of the is
Each Member further unde
contained in this Section 1:
of the Members' interests i
and from the registration re
laws. Each Member furthe
recognize any sale, transfer
person and �t the
123 Nature of
to his execution of this Ag
this Agreement or caused
of the Members does here
familiar with this Agreem
investment and developm
eve or attorney
additional documents neo
not desire any fmther,mBc
[ Company Interests. Each Member does hereby acknowledge that
n the Company has not been registered (i) under the Securities Act of
rral Act'), (H) under the Uniform Securities Act of the State of North
Jniform Securities Act % in reliance upon the exemption contained in
dform Securities Act, or (in) under any other State securities laws.
Stands and acknowledges that his representations an&watranties
are being relied upon by -the Company as the basis for the exemption
the Company from the registration requirements of the Federal Act
pirements of the Uniform. Securities Act and all other State securities
acknowledges that the Company will not and has no obligation to,
or assignment of all or any part of his interest in the Company to any
provisions of Section 17 hereof Have been fully satisfied.
vestment. Each of the Members does hereby acknowledge that prior
sent, he received a copy of this Agreement and that he has examined_
s Agreement to be examined by his representative or attorney. Each
further acknowledge that he or his representative or attorney is.
and with the Company's plans to engage in the business of real estate
and asset management. Each Member acknowledges that he or his
s made such inquiries and requested, received, and reviewed any
iry for him to make an informed investment decision and that he does
ation 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 of under tbis'Agreement
SECTION 11-
The finds of the
of the Company in such
invested in the name of
be designated. All with
69ITA305-4
mpany shall be kept in one or more separate bank accounts in the name
nks or other depositories as may be designated or shall otherwise be
Company in such manner and upon. such terms and conditions as may
orals from any such bank accounts or investments established by the
8

Company hereunder shall be i
to time by both Managers; pr
signatories -on all bank iccou
SECTION 14.
14.1 FIscid Year.
calendar year.
14.2 Method of Ai
and its income, gains, losses,
with such method of account
purposes, and for purposes a
Of its, *income, gaU4 loss'and,
income tax purposes.
le on such signature or signatures as may be authorized brom. time
ded that both D. Stephen Jones, Jr. and Jack I Carlisle Will be
of the Company. -
rs
fiscal year of the Company shall end on the last day of the
mdng. The Company's books of account shall be mairrtained,
I dedu&dons shall be determined land accounted for, in accordance
as may be adopted for the Company for Federal income tax
s Agreement, the Company shall account for each and every item
action in the same manner as it accounts for each such item for
14-3 MmaneW and Operating Statements and Tax Returns. '%Fithinninety (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 cloi e of each fiscal year 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 focal income tax returns in.accordance. with all then applicable
laws, rules, and regulations. The Company also shall cause to be prepared and fled all Federal,
State, and local inoometax returns required of the Company for each fiscal year.
14.4 . Location of and Attess to Company Records. The following records of the
Compa
ny shall be kept at its registered office where they shall be subjectlo inspection and COPYIng
at the reasonable request and it 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) ilcopy of the Articles of Organization of the Company and an certificates of
amendment thereto;
(c) copies of the Company's'Fedei4 State, and local income tax returns and
annual reports of the Company filed with the Secretary of State of North Carolina in accordance
with §57C2-23 of the Act fbi the three (3) most recent years; and
(d) copies of this Agreement, m amended, and of any financial statements of
the Company for the thiee (3) most recent years.
14.5 Tax Eledia
of the Percentage Interests,
partnership for Federal and
69124305-4
With 1h6 consent and, approval, of the Members owning a majority
Company may make any and all elections applicable to a
to income tax purposes deemed to be in the best interest of the
9
I

i
I
Members and the Compaq
section 754 of the 'Code v
734 of the Code and,with
the Code. i
SECTION 15.
Such. elections include, butare not limited to, an election under
h respect to distributions 'of a partnership interest described in section
aspect to transfers of partnership property described in section 743 of
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 thcti consent of all of the Members.
15.2 Substitate (Member. In the event a Member transfers all' or any part of his or her
interest inithe Company in compliance with the provisions of Section 17 hereof; the transferee of
no
have the right to become a substitute Member of the Company unless the
such Member shall n
transferring Member has given his or her transferee such right and unless:
I -
.(a) I; the transferring Member and hisor her transferee execute and deliver such
instruments as the Members owning a majority of the Percentage Interests deem necessary or
desirable to effect such s i stitution; (b) i such transferee accepts and agrees in. writing to be bound by all of the terns
and provisions of this Agreement; and
(c) such transferee pays, all reasonable. expenses connected with such
substitution.
Sale or Transfer of Interest ,
I -
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: -
i
(a) ! The Company interest of the,selling Member shall first be offered in writing
(which writing includes th' a 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!- I at which it is proposed to.be sold and the other members shall have a
period. of thirty (30), days to either reject the offer or accept the offer with respect to the whole
Company interest offered If any Member does not elect to purchase his pro rats portion of the
offered: interest, thelMembers 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?
i I
691 QO!
10
,

(c) Notwithstanding the
transfer his Company intere,
"immediate family" it is mef
trustee of a trust solely for th
Member shall be subject to f
Agreement, including the pri
oregoing, a Member may,'upon notice to the other Members, freely
or any portion thereof, to a member of his immediately family. By
it such Member's spouse, children, grandchildren, parents, or the
benefit of such persons. The transferee of the Company interest of a
1 the terms, conditions, restrictions, and obligations of this
visions of this Section.
(d) Any assignment (including, without limitation, any transfer or sale of a Member's interest
permissible under Section 1611(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
tarms of such-Member's will or pursuant to the laws of intestacy if no will exists. Such person(s)
inheriting a Member's interest shall have all rights of a Member.
SEMON 16. Withdrawal, Defaulting Events and Disabling Events.
16.1 Withdrawal.
(a) Any Member wishing to withdraw shall sell his interest in the Company to
the Company at a price mutually agreed upon or to a purchaser pursuant to the terms of Section 16.
16.2 Purchase of Defaulting,Member's Interest.
(a) ' Upon the occurrence of a Defaulting Event with respect to a Member (the
"Defaulting Membee),II the DIefaulting Member shall cease fro a Member and the Company shall
have.the right, exercisable by giving written notice to the Dbeefaulting 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 netice is given by the Company is hereinafter referred to as the "Notice
Date"), to purchase the 'Defaulting Member's interest in the Company for a purchase price equal to
the fair market value of such interest as determined by, an appraiser as set forth in subsection
17.2(b), taking into account the business, assets and liabilities of the Company and the degree of
marketability of such interest.
(b) The fair market value of the Defaulting Member's interest shall be
determined as expeditiously as possible by a disinterested appraiser mutually selected by the
Defaulting Member and the Company (the�Company's selection being made by the remaining,
Members exclusive of the Defaulting Member's interest). If the Defaulting Member and the
Company are unable to agree upon a disinterested appraiser, then the Defaulting Member and the
Company shall each select a disinterested appraiser and if the disinterested appraisers selected are
unable to agree as to the fair market value of the Defaulting Member's interest, then the two
disinterested appraisers shall lselect 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 j.

(c) The purchase price shall be paid in three (3) equal annual installments, the -
first of which shallbe rmadel within thirty (30) days of the determination of fair market value and
one of which shall be made Ion the same date in each of the two (2) years thereafter; provided,
further, however, that notwithstanding an election by the Company to make the distribution to the
Defaulting Member in three (3) equal annual installments, the Company may accelerate without
penalty all of such installments at any time or, any part of such installment at any time. In the event
the Company elects to make distributions to the Defaulting Member in three (3) equal annual
installments as provided herein, the Company, in addition to such annual installments, shall pay
the Defaulting Member additional amounts computed as if the Defaulting Member is entitled to
interest on the undistributed amount of the total distribution to which the Defaulting Member is
entitled hereunder at an annual rate equal to the applicable Federal rate in effect under section _
1274(d)'of the Code, as determined on the thirtieth (30th) day after the determination of value,
which additional amounts, computed Mm' 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 sball be in complete liquidation and
terminationof 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 attomey-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) I By
17.2 Method of
Section 18.1 above that re
the Company is continued
be liquidated and the Con:
dissolution, any of the Co:
Act, any and all proceeds
sold, shall be applied and
priority:
69DA3054
of a decree of judicial dissolution.
Liquidation. Upon the happening of any of the events specified in
lure the Company to be dissolved, liquidated, and terminated, unless
las provided in Section 18.1(b) or (c),.all of the Company's assets shall
pany sball be dissolved. Inthecourse of such liquidation and -
npany's assets may be sold, and notwithstanding the provisions of the
Jedved from such sale, together with aU Company assets which are not
3istributed in the following manner and in the following order of
12 .

(a) To the
or delrts liabilities, other than
liquidation in the order of pri
(b) The i
the Percentage Interests dee
of the Company; rovid
majority of the Percentage
held in escrow for the 0UP
obligations and, at the eapi
Percentage Interests deem f
hmeina$er provided in this
(c) The
i
(d) The
Company' 11
rent of the debts and liabilities of the Company, including any
ital Accounts, owed to the Members, and to the expenses of
as provided by law; then to
ablishment of any reserves which the Members owning a majority of
necessary for any contingent or unforeseen liabilities or obligations
wever. that any such reserves established by the Members owning a
erects shall be paid over to a bank or other designated agent to be
s of paying any such contingent or unforeseen liabilities or
ion of such period as the Members owning a majority of the
usable, of distributing the balance of such reserves in the manner
ction; then to
to each Member of his Capital Account; and then to
in proportion to their respective Percentage Interests in the
17.3 Reasonable 11ime for Liquidation. A reasonable time shall be allowed for the
orderly liquidation of the Company's assets pursuant to Section 18.2 above in order to minimise
the losses normally attendant upon such a liquidation.
17A Date of Dissolution. The Company shall terminate and dissolve when all of its
assets have been applied andIdistriburted 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. " Genes* Provisions
18.1 Waivver ;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. Exe
any notice or other commum
other communication shall b,
(a) delivered in person, or (b.
postage prepaid to the person
person may have previously
address. Notwithstanding th
regular first-class mail. Any
effectively given when deliv
hereinabove provided shall t:
18.3 Waivers. Nc
Member unless• such waiver
pt as otherwise specifically provided in this Agreement, whenever
cation is required or permitted to beg given hereunder, such notice or
in writing and shall be (as elected by the party giving such notice)
j sent by U.S. registered or, certified mail, return receipt requested,
l to whom such notice is intended to be given at such address as such
famished in writing to the Company or to such person's last known
e foregoing, notice of meetings of the Members may be sent by.'.
notice or other communication delivered in person shall be deemed
eyed, and any such notice or other communications mailed as
e deemed effectively given on the date of receipt. .
term or condition of this Agreement shall be considered waived by a
is in writing and is signed by such Member.
13

18.4 Binding E:
upon the Members, their 1
18.5 Duplicate
counterparts hereof may b
instrument.
18.6 Cons*nct
with the laws of the. State
have been inserted as a m
meaning or construction c
ti
18.7 Gender.?
genders shall be deemed i
plural, and vice versa
18.8 Separabib
separable and (i) if for an;
and contrary to any. existii
those portions of this Agr
provisions herein would c
the laws of North Carolin
shall be deemed void and
18.9 Arbitratio
any transaction hereunder
American Arbitration Ass
Judgment upon the award
against which the award is
federal and state courts sir
award rendered pursuant i
Carolina or such other pla
This Agreement shall .ins to, the benefit of and shall be binding
representatives, transferees, heirs, successors, and assigns.
riginals. For the convenience of the Members, any number of -
executed, and each such counterpart shall be deemed to be an original
n. This Agreement shall be interpreted and constxved in accordance
FNorth Carolina The titles of the Sections and Subsections herein
ter of convenience of reference only and shall not control or affect the
any of the terns or'provisions herein.
mughout this Agreement, wherever the context requires or permits,
trchangeable, and the single number shall be deemed to include the
F of Provisions. Each provision of this Agreement shall be considered
reason any provision or provisions herein are determined to be invalid
or fixture law, such invalidity shall not impair the operation of or affect
.ment which are valid, or (H) if for any. reason any provision or
use the Members to be bound by the obligations of the Company under
as the same may now or hereafter exist, such provision or provisions
f no effect. - .
i. All disputes a '':sing out of or in connection with this Agreement or
ohall be finally settled under the Commercial Arbitration Rules of the .
ciation then in effect. The arbitrators' award shall be final and binding.
:endered may be entered in any court having jurisdiction over the party
rendered The Members expressly consent to the jurisdiction.of the
gated in North Carolina for the purpose of enforcing any arbitration'
i this Section 19.9. The arbitration -shall take place in Raleigh, North
e as the parties may agree. Each party shall pay its own fees and costs.
[Signatures appear on the following page]
14
69VA3os 4

IN WITNESS WHEREOF, the parties hereto have executed, sealed, and delivered this
Agreement as of the date first above written.
COMPANY:
REDBIRD LAND COMPANY, LLC
By: .
teP s, e
J. Caz e, Manager
MEMBERS:
Q
�.C.Ilr
1 -
"IJ "
D. Stephen Jo es, Jr.

Exhibit A

Barber, Jim
From: Barber; Jim
Sent: Tuesday, March 3, 2015 5:54 PM
To: [e-mail]
Cc: Honeycutt, Tony,. Henson, Belinda ([e-mail])
Subject: FW: Freeboard Baytree Lakes - WQ0018708
Attachments: Ba I ree certified operators in BIMS.docx, DWR lagoon survey Baytree.pdf, Baytree Brian
Co I map.pdf
Scott; ,
I've attached a couple of documents for your review. One is the lagoon survey done several years ago to address/clarify
the Division's understanding of where the low point on the lagoon was located. With the survey is a map prepared by
the last consultant that worked for Baytree to address a facility modification to allow a flow of 30,000 gallons per day
(that hasn't happened). You'll notice that the surveyed locations on the consultants map (Brian Cox, 11 x 17 map) and
our survey on 22 September 2010 match up fairly close. The lagoon freeboard marker is set based on the survey
performed.
The second document attached is from our BIMS database. It doesn't indicate a certified operator. I'm sure that
EnviroLink sent in the certified operators designation form, but it appears that it didn't get into the correct hands or
potentially lost. Please execute a new form or resubmit an existing form with the ORC and Back -Up ORC identified.
Please send to the attention of Beth Buffington or call Beth at 919-807-6334 to find out who/whom the operator form
should be sent to.
Jim Barber
From: Scott Smart fmailto:[e-mail]
Sent: Monday, March 02, 2015 3:26 PM
To: Honeycutt, Tony
Cc: Barber, Jim; Henson, Belinda; Heather Adams; Tony Baldwin
Subject: RE: Freeboard Baytree Lakes I WQ0018708
Good Afternoon Tony, -
Just following up with our conversation from this morning. Attached is a spreadsheet that forecasts the upcoming
lagoon levels based on an extended weather forecast.
To regain the 24" freeboard, it is'our intent to spray compliantly extended hours and on the weekend. We are hopeful
that we will be able to spray torri'orrow, however with the chance of rain we are not identifying it as a spray day. Please
let me know if you have any questionsi or concerns.
Scott Smart, PE
Senior Quality Manger
Envirolink Inc.
[e-mail]
252-235-4900- Office
252-290-5646 —Mobile

i
This E-mail (including attachments) ,is confidential, intended only for the named recipients) and•may contain confidential or
proprietary information. If you are not the intended recipient(s), you are hereby notified that the dissemination, distribution, or
copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the
sender and delete this email from your computer. Thank you. ,
From: Scott Smart [mailto:[e-mail]]-
Sent: Thursday, February 26, 2015 1256 PM
To: '[e-mail]'
Cc:'[e-mail]';'be'[e-mail]'; Heather Adams; Tony Baldwin
Subject: Freeboard Baytree Lakes - W60018708
Good Morning Tony,
I verbally notified Jim Barber and he asked that I send you a note as well. With the recent rain events, this morning the
Baytree Lakes storage pond freeboard is at 19". Envirolink has made the owner aware of the freeboard issue, and has
notified the owner that the excessive flow is causing the issue with the freeboard and is the result of I&I in the collection
system.
It is our intent to spray through the weekend (weather permitting). We believe that spraying through the weekend, we
should be able to increase the freeboalyd•to 25" by Monday. The current weather forecast shows rain on M-W next
week. We will send you an update on IMonclay, so you know where we stand leading into the week.
In addition, Mr. Barber expressed a co
note one occurrence where the owner
immediately stopped this practice and
irrigation system without ORC knowlei
Please let me know if we can provide I
Scott Smart, PE
Senior Quality Manger
Envirolink inc..
[e-mail]
252-235-4900- Office
252-290-5646 —Mobile
This E-mail (including attachments) is cons
proprietary information. If you are not the
copying of this message is strictly. prohibit
sender and delete this email from your co
kern regarding spraying.while raining. Shortly, after assuming ORC duties, we did
s maintenance person initiated a spray event during inclement weather. We
counseled the.on-site personnel that they were not to operate the spray
with any additional information.
ntial, intended only for the named recipient(s) and may contain confidential or
tended recipient(s), you are hereby notified that the dissemination, distribution, or
If you receive this message in error, or are not the named _recipient(s), please notify the
uter. Thank you.
2

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