WQ0011313_Renewal Application_20240315

Initial Review
Reviewer nathaniel.thorn burg
Is this submittal an application? (Excluding additional information.) *
Yes No
Permit Number (IR) * WQ0011313
Applicant/Permittee Festiva Real Estate Holdings, LLC
Applicant/Permittee Address One Vance Gap Rd Asheville NC 28805
Is the owner in BIMS? Yes No Is the facility in BIMS? Yes No
Owner Type
Facility Name
County
Fee Category Major
Is this a complete application?*
Yes No
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Organization
Peppertree Resort WWTP
Carteret
Does this need review by the hydrogeologist? * Yes No
Regional Office
CO Reviewer
Admin Reviewer
Fee Amount $0
Complete App Date
03115/2024
Below list any additional email address that need notification about a new project.
Email Address
Comments to be added to email notfication
Comments for Admin
Comments for RO

Comments for Reviewer
Comments for Applicant

Submittal Form
Project Contact Information
Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence.
Name* Elleveve Donahue
Email Address*
[e-mail]
Project Information
.........................
Application/Document Type*
New (Fee Required)
Modification - Major (Fee Required)
Renewal with Major Modification (Fee
Required)
Annual Report
Additional Information
Other
Phone Number*
8283482505
Modification - Minor
Renewal
GW-59, NDMR, NDMLR, NDAR-1,
N DAR-2
Residual Annual Report
Change of Ownership
We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form.
https://edoes.deq.nc.gov/Forms/NonDischarge_Monitoring_Report
Permit Type:*
Wastewater Irrigation
High -Rate Infiltration
Other Wastewater
Reclaimed Water
Closed -Loop Recycle
Residuals
Single -Family Residence Wastewater
Other
Irrigation
Permit Number:*
WQ0011313
Has Current Existing permit number
Applicant/Permittee*
Festiva Real Estate Holdings, LLC
Applicant/Permittee Address*
One Vance Gap Rd Asheville NC 28805
Facility Name*
Peppertree Resort WWTP
Please provide comments/notes on your current submittal below.
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at [e-mail].
Please attach all information required or requested for this submittal to be reviewed here.
(Application Form, Engineering Plans, Specifications, Calculations, Etc.)
AtlanticBeach-WastewaterTreatmentApplicationPackage 3
8.9MB
14 24.pdf
Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger
than upload limit.
* By checking this box, I acknowledge that I understand the application will not be accepted for pre -review until the fee (if required) has
been received by the Non -Discharge Branch. Application fees must be submitted by check or money order and made payable to the
North Carolina Department of Environmental Quality (NCDEQ). I also confirm that the uploaded document is a single PDF with all parts
of the application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Signature
Submission Date 3/15/2024

DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of Water Resources
15A NCAC 02T .0700 — HIGH -RATE INFILTRATION SYSTEM — RENEWAL
FORM: HRIS-R 02-21
Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting
documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A
NCAC 02T .0100, 15A NCAC 02T .0700, and Division Policies. For more information, visit the Water Quality Permitting
Section's Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments
uploaded as a single Portable Document Format (PDF) file to httus://edocs.deci.nc.2ov/Forms/NonDischar2e-Branch-Submittal-
Form-Ver2, or emailed to Non-Dischar2e.Reuorts(dncdenr.2ov if less than 20 megabytes (MB).
SECTION I —
APPLICANT INFORMATION
1.
Applicant: Festica Real Estte Holdings, LLC
2.
Permit No.: WQ0011313
3.
Signature authority: Herbvert H. Patrick, Jr.
Phone number: [phone] Office
Title: President
Email: [e-mail]
4.
Mailing address: One Vance Gap Road
City: Asheville
State: NC Zip: 28805-
5.
Contact person: Elleveve Donahue
Primary phone number: [phone] Office
Email: [e-mail]
Secondary phone number: ( ) - Select
SECTION II — FACILITY INFORMATION
1. Physical address: 715 West Fort Macon Road County: Carteret Parcel No.: 637515730790000
City: Atlantic Beach State: NC Zip: 28512-
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: 34.700994' Longitude:-76.746843' Method: Conversion from state coordinate plane
SECTION III — FLOW INFORMATION
1.
Permitted flow: 80000 GPD (The maximum allowable flow based on what has been permitted)
2.
As -built flow: 80000 GPD (The maximum allowable flow based on what has been constructed)
3.
Average flow: 16928 GPD (The average of all reported flows on the previous calendar year's NDMRs)
4.
Hydraulic capacity: 21 % (Divide the average flow in Item 3 by the As -built flow in Item 2)
5.
Wastewater composition: Domestic: 100 % Industrial: % Stormwater: %
orSECTION IV — BILLING INFORMATION
1. Billing address: One Vance Road
City: Asheville State: NC Zip: 28805-
2. Verify the Applicant does not have any overdue annual fees:
https:Hdeq.nc. gov/about/divisions/water-resources/water-resources-permits/wq-cpavments
Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has
an unpaid annual fee.
FORM: HRIS-R 02-21 Page 1 of 6

EL SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION
1. ORC: Robert C. Howard Grade: WW3 Certification No.: 996013
Mailing address: Fortin Contract Service, PO Box 4188
City: Emerald Isle State: NC Zip: 28594-
Phone number: [phone] Office Email [e-mail]
2. Back -Up ORC: Daniel E. Fortin Grade: WWII Certification No.: 7180
Mailing address: Fortin Contract Service, PO Box 4188
City: Emerald Isle State: NC Zip: 28594-
Phone number: [phone] Office Email [e-mail]
SECTION VI PEN -ATM PHERE STRUCTURES
1. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if
necessary.
Type
Parcel No.
Volume (gal)
Liner Type
Freeboard (ft)
Latitude
Longitude
Treatment
637515730790000
81,758
Full, metal
1
34.7010
-76.7470
Select
Select
0-
°
Select
Select
0-
°
Select
Select
0-
°
SECTION VII — RELATED PERMITS
1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit.
Attach additional sheets if necessary.
Permit Type
Permit No.
Relationship Type
Select
Select
Select
Select
Select
Select
Select
Select
SECTION VIII — MONITORING WELLS
1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary.
Well Name
Parcel No.
Status
Gradient
Location
Latitude
Longitude
1
637515637021000
Active
Upgradient
Outside Compliance Boundary
35.9543430
-77.22140
2
637515637422000
Active
Downgradient
Outside Compliance Boundary
34.6997600
-76.7476030
3
637515637422000
Active
Downgradient
Outside Compliance Boundary
34.6998060
-76.7478610
4
637515630087000
Active
Upgradient
On Compliance Boundary
34.6990740
-76.7499490
5
637515632216000
Active
Downgradient
Outside Compliance Boundary
34.6998520
-76.7500830
6
637515630087000
Active
Downgradient
Outside Compliance Boundary
34.6999470
-76.7494030
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
FORM: HRIS-R 02-21 Page 2 of 6

SECTION IX — INFILTRATION SITES
1. List all infiltration sites associated with the renewing permit. Attach additional sheets if necessary.
Site
County
Parcel No.
Deeded Owner
Area
Cover Crop
Latitude
Longitude
1
Carteret
637515637021000
Peppertree Atlantic Beach As
14100.00
Lawn
34.6990
-76.7480
2
Carteret
637515630087000
Festiva Real Est HLD LLC eta
16534.22
Lawn
34.6990
-76.7500
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total Acreage:
0.703
FORM: HRIS-R 02-21 Page 3 of 6

ATTACHMENT A — SITE MAP .
Was the facility originally permitted or had a major modification issued after September 1, 2006?
❑ Yes — Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0704(d). These
requirements are:
❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing
all facility -related structures and fences within the wastewater treatment, storage, and infiltration areas.
❑ Soil mapping units shown on all infiltration sites.
❑ The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage,
and infiltration sites.
❑ Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108.
❑ Setbacks as required by 15A NCAC 02T .0706.
❑ Site property boundaries within 500 feet of all wastewater treatment, storage, and infiltration sites.
❑ All habitable residences or places of public assembly within 500 feet of all treatment, storage, and infiltration sites.
® No — Skip Attachment A.
ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION
Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)?
® Yes — Skip Attachment B.
❑ No — Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign.
C — FLOW REDUCTION
Does the existing permit include an approved flow reduction?
❑ Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow
contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved
flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A
NCAC 02T .0114(f).
® No — Skip Attachment C.
' ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY -A
Is the Applicant a Privately -Owned Public Utility?
❑ Yes — Pursuant to 15A NCAC 02T .0115(a)(1), submit the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise.
® No — Skip Attachment D.
I ATTACHMENT E — OPERATIONAL AGREEMENT
Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold?
® Yes (Home/Property Owners' Association) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement
(FORM: HOA). Pursuant to 15A NCAC 02T .0115(c), if the applicant is a legally formed Homeowners' or Property Owner's
Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws.
❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement
(FORM: DEW Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the
Articles of Incorporation, Declarations, and By-laws.
❑ No — Skip Attachment E.
FORM: HRIS-R 02-21 Page 4 of 6

ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
Is the applicant a municipality, county, sanitary district, or public utility?
❑ Yes — Proceed to the next question.
® No — Skip Attachment F.
Does the hydraulic capacity in Section III, Item 4 exceed 70%?
❑ Yes (the hydraulic capacity is greater than 70%, but less than 80%) — Pursuant to 15A NCAC 02T .0118(1), prior to exceeding
80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee
shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall
outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system,
elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements.
If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be
met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other
measures to achieve waste flow reductions.
❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question.
❑ No — Skip Attachment F.
If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%?
❑ Yes (the hydraulic capacity is greater than 80%) — Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the
system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all
permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed,
submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed
for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future
growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow
reductions.
❑ No — Skip Attachment F.
ACHMENT G — EASEMENT, ENCROACHMENT, AND j.EASE A&EEMENTS
Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, infiltration, and groundwater
lowering (if applicable) system?
❑ Yes — Skip Attachment G.
® No — Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements
allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, infiltration, and groundwater
lowering (if applicable) system on property not owned by the Permittee.
ATTACHMENT H — AFFILIATIONS
Are the Permittee's affiliations of record correct? Check affiliations.
❑ Yes — Skip Attachment H.
® No — Provide the corrected affiliations and their contact information.
ATTACHMENT I — COMPLIANCE HEDULES
Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit)
❑ Yes — Submit documentation that the compliance schedules have been met.
® No — Skip Attachment I.
I M ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS I
Does the Permittee have any existing civil penalties or outstanding violations?
❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request.
® Yes (violations) — Submit a copy of your response to the Notice of Violation.
❑ No — Skip Attachment J.
FORM: HRIS-R 02-21 Page 5 of 6

ATTACHMENT K— INDUSTRIAL WASTEWATER
Does the wastewater composition in Section III, Item 5 include any industrial wastewater?
❑ Yes — Proceed to the next question.
® No — Skip Attachment K.
Has the nature of the industrial wastewater changed since the last permit issuance (i.e., changes in industrial process, introduction of
new materials or chemicals, etc.)?
❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 15A NCAC 02T .0704(h). Provide an
overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process;
and an overview of the cleaning and treatment methodology.
❑ No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the
manufacturing process; and an overview of the cleaning and treatment methodology.
ATTACHMENT L — SETBACK WAIVERS
Does the existing permit include setback waivers?
® Yes — Pursuant to 15A NCAC 02T .0706(d), provide setbacks waivers that have been written, notarized, signed by all parties
involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance
with 15A NCAC 02L .0107.
❑ No — Skip Attachment L.
APPLICANT'S CERTIFICATION
I Herbert H. Patrick, Jr. attest that this application
(Signature authority's name as noted in Section I, Item 3)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application package are not completed, and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T .0120(b), that the applicant, or any
parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned
a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance
schedule in a permit, settlement agreement, or order; not paid an annual fee.
Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106(b). An alternate person may be delegated as
the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.6B, any
person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class
2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature:
Date: 3/14/2024
THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA:
Email:
Non-D ischarse.Reuo rts(d ncden r.2ov
Laserfiche Upload:
httt)s: //edocs. deci.nc.2ov/Fo rm s/NonDischar2e-Branch-
Submittal-Form-Ver2
FORM: HRIS-R 02-21 Page 6 of 6

STATE OF NEVADA
ROSS MILLER
Secretmy of State
Job Number:
Reference Number:
Expedite:
Through Date:
OFFICE OF THE
SECRETARY OF STATE
Certified Copy
C20130404-0170
00003864243-60
SCOTT W ANDERSON
Deputy Secretary
for Commercial Recordings
April 8, 2013
The undersigned filing officer hereby certifies that the attached copies are true and exact
copies of all requested statements and related subsequent documentation filed with the
Secretary of State's Office, Commercial Recordings Division listed on the attached
report.
Document Number(s) Description Number of Pages
20120076857-18 Amended & Restated Articles 5 Pages/1 Copies
Respectfully,
�
ROSS MILLER
Secretary of State
Certified By: Christine Rakow
Certificate Number: C20130404-0170
You may verify this certificate
online at http://www.nvsos.gov/
Commercial Recording Division
202 N. Carson Street
Carson City, Nevada 89701-4069
Telephone [phone]
Fax [phone]

ROSS MILLER
AMSecretary of State
204 North Carson Street, Suite 1
qW Carson City, Nevada 89701-4520
[phone]
Website: www.nvsos.gov
Certificate to Accompany
Restated Articles or
Amended and Restated Articles
(PURSUANT TO NRS)
USE BLACK INK ONLY - DO NOT HIGHLIGHT
111111111111111111111111111111111111111111111
Filed in the office of
— ---?�_
Document Number
2Og D 0076857-18
Filing
Ross Miller
01/30/2012 8:37 AM
Secretary of State
Entity Number
State of Nevada
LLC7763-2000
ABOVE SPACE IS FOR OFFICE USE ONLY
This Form is to Accompany Restated Articles or Amended and Restated Articles of Incorporation
(Pursuant to NRS 78.403, 82,371, 86.221, 87A, 88.355 or 88A.250)
(This form is also to be used to accompany Restated Articles or Amended and Restated Articles for Limited -Liability
Companies, Certificates of Limited Partnership, Limited -Liability Limited Partnerships and Business Trusts)
1. Name of Nevada entity as last recorded in this office:
Festiva Resorts, LLC
2. The articles are: (mark only one box) ❑ Restated ® Amended and Restated
Please entitle your attached articles "Restated" or "Amended and Restated," accordingly.
3. Indicate what changes have been made by checking the appropriate box:*
❑ No amendments: articles are restated only and are signed by an officer of the corporation who has been authorized to execute
the certificate by resolution of the board of directors adopted on: [ — --�J
The certificate correctly sets forth the text of the articles or certificate as amended to the date of the certificate.
© The entity name has been amended.
❑ The registered agent has been changed. (attach Certificate of Acceptance from new registered agent)
® The purpose of the entity has been amended.
❑ The authorized shares have been amended.
® The directors, managers or general partners have been amended.
❑ IRS tax language has been added.
Articles have been added.
❑ Articles have been deleted.
© Other. The articles or certificate have been amended as follows: (provide article numbers, if available)
;Article II, Duration of Company: The original period of duration of thirty (30) years from the date of the original Articles of
Organization is revoked and the Company existence shall be perpetual.
4. Effective date and time of filing: (optional) Date: ! Time:
(must not be later than 90 days after the certificate is filed)`
* This form is to accompany Restated Articles or Amended and Restated Articles which contain newly altered or amended articles.
The Restated Articles must contain all of the requirements as set forth in the statutes for amending or altering the articles for
certificates.
IMPORTANT: Failure to include any of the above information and submit with the proper fees may cause this filing to be rejected.
This form must be accompanied by appropriate fees. Nevada secretary of State Restated Articles
Revised: 8-31-11

UNANIMOUS CONSENT OF MEMBERS
OF
FESTIVA RESORTS, LLC
TO
ACTION WITHOUT MEETING
In accordance with Section 86.291 and all other applicable provisions of the Nevada Revised Statutes, the
following actions are taken by and with the consent of the sole member of Festiva Resorts, LLC, a
Nevada limited liability company (the "Company"):
WHEREAS, the Company wishes to change the name of the Company to Festiva Real Estate
Holdings, LLC; and
WHEREAS, the Company wishes to change the purpose of the Company to act as a holding
company for real estate assets; and
WHEREAS, the Company wishes to change the duration of the Company to be perpetual; and
WHEREAS, the sole member of the Company deems it to be in the best interest of the Company
to proceed with the filing of the Amended and Restated Articles to effect the above changes.
NOW, THEREFORE, BE IT RESOLVED,
That the Company is authorized and directed to do or cause to be done all such acts or things to
make, execute and deliver or cause to be made, executed and delivered all such agreements, documents,
instruments and/or certificates, in the name and on behalf of the Company as the valid and binding
obligations of the Company or otherwise, as may be deemed necessary, appropriate or advisable to effect
the carrying out of the purpose and intent of the foregoing Resolution;
Effective as of this 261h day of January, 2012.
THE SOLE MEMBER
estiva Develo ment Group, LLC
BY: Herbert H. Patrick, Jr.
ITS: President

FIRST AMENDED AND RESTATED
ARTICLES OF ORGANIZATION
OF
FESTIVA RESORTS, LLC
a Nevada Limited Liability Company
Pursuant to the Nevada Revised Statutes governing limited -liability companies, hereby adopt
the following FIRST AMENDED AND RESTATED ARTICLES OF ORGANIZATION:
ARTICLE 1
NAME
The name of the limited liability company is amended to declare the name: Festiva Real Estate Holdings,
LLC.
ARTICLE 11
DURATION
The original period of duration of thirty (30) years from the date of the original Articles of Organization
is revoked and the Company existence shall be perpetual.
ARTICLE III
PURPOSE
The Company is organized for the following purposes:
(a) to act as a holding company of real estate assets;
(b) to have one or more offices and to carry on all or any of the objects and purposes herein
enumerated, and to conduct the business of the Company in any of the states of the United
States of America, the District of Columbia, the territories of the United States, and foreign
countries;
(c) to do business under fictitious or assumed names; to act as agent or principal; to become a
member of a limited liability company, joint venture, association, general or limited
partnership, trust, or any other form of business organization, or a stockholder in a
corporation, by purchase, investment, affiliation or otherwise; and
(d) to carry on any other lawful business permitted by Nevada law and to perform all acts in
furtherance thereof.
ARTICLE IV
PLACE OF BUSINESS
The principal address of the Company where its records will be maintained is:
One Vance Gap Road
Asheville, NC 28805

ARTICLE V
RESIDENT AGENT
The name and business and mailing address of the resident agent of this Company in Nevada as filed
with the Nevada Secretary of State on 04/14/2003 is:
National Registered Agents, Inc. of NV
1000 East William Street, Suite 204
Carson City, NV 89701
ARTICLE VI
ADDITIONAL MEMBERS
Additional members may be admitted by the Members as provided in the Operating Agreement, as
amended.
ARTICLE VII
CONTINUATION
Upon the death, retirement, resignation, expulsion, bankruptcy or dissolution of a member or the
occurrence of any other event which terminates the continued membership of a member in this
Company, the remaining members may unanimously agree to continue the business of this Company as
provided in the Operating Agreement, as amended.
ARTICLE VIII
MANAGEMENT — ORGANIZERS
The original management committee and organizers of the Company were Donald K. Clayton, Herbert H.
Patrick, Jr. and Stephanie H. Smith. As Festiva Development Group, LLC, is now the sole member of the
Company, the Company is now member managed, with officers elected at each annual meeting of the
members, for the purpose of carrying out the necessary day-to-day business of the Company. The
current officers are as follows:
Donald K. Clayton, Chief Executive Officer
Herbert H. Patrick, Jr., President
Richard Hartnett, Vice -President
Dessie Laster, Secretary
Yvette S. Smith, Treasurer
ARTICLE IX
INDEMNITY
Section 9.01 Right to Indemnity. Every person was or is a party, or is threatened to be made
party to or is involved in any action, suit or proceeding, whether civil, criminal, administrative or
investigative, by reason of the fact that he or a person of whom he is the legal representative is or was a
manager or member of this Company, or is or was serving at the request of this Company as a manager
or another limited liability company, or as a director, officer or representative in a corporation,
partnership, joint venture, trust or other enterprise, shall be indemnified and held harmless to the

fullest extent legally permissible under the laws of the State of Nevada from time to time against all
expenses, liability and loss (including attorney's fees, judgments, fines and amounts paid or to be paid in
settlement) reasonably incurred or suffered by him in connection therewith. Such right of
indemnification shall be a contract right which such managers, members or representatives may have or
hereafter acquire, and without limiting the generality of such statement, they shall be entitled to their
respective rights of indemnification under any operating agreement or other agreement, vote of
members, provision of law, or otherwise, as well as their rights under this Article.
Section 9.02 Expenses Advances. Expenses of managers and members incurred in defending a
civil or criminal action, suit or proceeding by reason of any act or omission of such managers or
members acting as a manager or member shall be paid by the Company as they are incurred and in
advance of the final disposition of the action, suit or proceeding, upon receipt of any undertaking by or
on behalf of the manager or member to repay the amount if it is ultimately determined by a court of
competent jurisdiction that he is not entitled to be indemnified by the Company.
Section 9.03 Operating Agreement: Insurance. Without limiting the application of the
foregoing, the members may adopt a provision in the operating agreement from time to time with
respect to indemnification, to provide at all times the fullest indemnification permitted by the laws of
the State of Nevada, and may cause this Company to purchase and maintain insurance or make other
financial arrangements on behalf of any person who is or was a manager or member of this Company as
a member or manager of another limited liability company, or as its representative in a corporation,
partnership, joint venture, trust or other enterprise against any liability asserted against such person
and incurred in any such capacity or arising out of such status, to the fullest extent permitted by the
laws of the State of Nevada, whether or not this Company would have the power to indemnify such
person.
The indemnification and advancement of expenses provided in this Article shall continue for a
person who has ceased to be a member, manager, employee or agent, and inures to the benefit of the
heirs, executors and administrators of such a person.
ARTICLE X
RETURN OF CONTRIBUTIONS
A member may only demand cash in return for his or its contribution to capital, but the Company may
require a member to accept cash, property, promissory notes or any combination thereof in return for
the member's contribution to the capital.
IN WITNESS WHEREOF, the undersigned, being all of the Members of the Company, have
caused this Agreement to be duly adopted by the Company and do hereby assume and agree to be
bound by and to perform all of the terms and provisions set forth in this Agreement.
THE COMPANY: FESTIVA RESORTS, LLC
Festiva Development Group, LLC
Sole
/Member
i
by Herbert H. Patrick, Jr., its President

STATE OF NORTH CAROLINA
COUNTY OF Carterel
Permit No. WQ0011313
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this
day of
Anausl 2018 by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
1'eppertree-Atlantic Beach It Association, lne., Peppertree Atlantic Beach Villas Ili Association, [tic. and
, a non-profit corporation organized
Pc pertree-Atlantic Bca qh Associio t, hoc.
and existing under ana �y virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
1. Tine ASSOCIATION was formed for tine purpose, among others, of handling the property, affairs and
business of tine development known as Peppertree Atlantic Beach
(hereinafter the Development); of operating, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and tine public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
the Disposal System in accordance with the permit and plans and specifications hereafter issued and
approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and
facilities in accordance with applicable permit provisions and law.
2, The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
and appurtenances thereto are part of the common elements and shall thereafter be properly maintained
and operated in conformity with law and the provisions of the permit for construction, operation, repair,
and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire
wastewater treatment, collection and disposal system as a common element, which will receive the highest
priority for expenditures by the Association except for Federal, State, and local taxes and insurance.
FORM: HOA 11-17 Page 1 of 2

The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
will be maintained out of the common expenses. In order to assure that there shall be funds readily
available to repair, maintain, or construct the Disposal System beyond the routine operation and
maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of
the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the
facility and shall be part of the yearly budget.
In the event the common expense allocation and separate fund(s) are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide I -or
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at any time.
If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
Recognizing that it would be contrary to the public interest and to the public health, safety and welfare lot -
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION by the issuance of a permit.
The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION's successor.
8. The agreements set forth in numbered paragraphs 1. 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction; maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
Linda Culpepper, Interim Director
Division of Water Resources
(Date)
Pepperiree-Atlantic Beach Association; Inc.
Name of ASSOCIATION
(Signature)
fir—,— tv
Print Name and Title
(Date)
a

The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
will be maintained out of the common expenses. In order to assure that there shall be funds readily
available to repair, maintain, or construct the Disposal System beyond the routine operation and
maintenance expenses, the Declaration and Association Bylaws shall provide that a find be created out of
the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the
facility and shall be part of the yearly budget.
4, In the event the common expense allocation and separate fund(s) are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at any time.
If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for -
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION by the issuance of a permit.
The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION's successor.
8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below;
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
Linda Culpepper, Interim Director
Division of Water Resources
(Date)
Peppertrce-Atlantic Beach 11 Association, hie.
Name of ASSOCIATION
(Siginature) r
t ' ✓vet
Print Name and Title
(Date)
It �,,; 1
M

The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
will be maintained out of the common expenses. hi order to assure that there shall be funds readily
available to repair, maintain; or construct the Disposal System beyond the routine operation and
maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of
the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the
facility and shall be part of the yearly budget.
4. In the event the common expense allocation and separate funds) are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at any time.
If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater,
Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION by the issuance of a permit.
The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION's successor.
The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below. -
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
Linda Culpepper, Interim Director
Division of Water Resources
(Date)
Yeppertree Atlantic Beach Villas In Association, Inc.
Name of ASSOCIATION
BC�;)O::rn(t-�Q�D
(Signature)
Print Name and Title
(Date)

A � 16 C4 (Wcrr Gr-
roll HEGt51RH1 iVrJ HEG1bICR W-
Karen S Hardesty
Carteret Gounty NC
September 07; 2018 11-56 08 All
pig AGMT 10 P
FEE $26 00
FILE 0 *9079
Excise Tax $0.00 Recording Time, Book and Page
Tax Lot No.............................................................. Parcel Identifier No........................................................
Verified by ................................................. County on the ....................... day of ......................... , 20 ............
by............................................................................................................................................................
Mail after recording to: Elleveve Donahue, One Vance Gap Road, Asheville, NC 28805
..................... ........................... ... ........... ............................................... ........ ....................... I ...................
This instrument was prepared by: Elleveve Donahue, One Vance Gap Road, Asheville, NC 28805
Brief description for the Index I SEE EXHIBIT A
STATE OF NORTH CAROLINA ) WASTEWATER TREATMENT
FACILITIES EASEMENT AGREEMENT
COUNTY OF CARTERET )
THIS WASTEWATER TREATMENT FACILITIES EASEMENT AGREEMENT (herein "Agreement")
is entered into to be effective the I Ith day of July, 2018 between Peppertree-Atlantic Beach Association, Inc.
("PAB I"), Pepperhee-Atlantic Beach II Association, Inc. ("PAB II"), Peppertree Atlantic Beach Villas III
Association, Inc. ("PAB III"), and Festiva Development Group, Inc. ("FDG"), ("Grantor(s)" and "Grantees(s)"
as identified below), which expression sliall include their members, owners, successors (specifically including
successors in title) and assigns.
RECITALS
WHEREAS, PAB 1, PAB II, and PAB III are the co -owners of Parcel Numbers 637515730790000 and
637515639793000, said ownership being conveyed via deed recorded in thef Carteret County Register of Deeds
at Book 872, Page 344; and
WHEREAS, PAB I is the owner of Parcel Number 637515637422000, said ownership being created via the
condominium regime established in the Declaration of Unit Ownership recorded in the Carteret County Register
of Deeds at Book, U039, Page 465; and

WHEREAS, PAB II owns Parcel Number 637515637021000, said ownership being created via the condominium
regime established in the Declaration of Unit Ownership recorded in the Carteret County Register of Deeds at
Book UO62, Page 172; and
WHEREAS, FDG owns Parcel Numbers 637515635360000, 637515630087000, 637515632216000, and
637515633349000, said ownership being conveyed via deeded recorded in the Carteret County Register of Deeds
at Book 1233, Page 32; and
WHEREAS, the Waste Water Treatment Plant, Waste Water Disposal Fields, and Monitoring Wells (all
collectively referred to as the "Wastewater Treatment Facilities"), which Wastewater Treatment Facilities are
more particularly identified on Exhibit A (which is attached hereto and incorporated herein by reference) are
located on the Parcel Numbers referenced above; and
WHERAS, the Parties desire to grant the other Parties an easement, as more specifically described herein, to
allow for placement, existence, access, operation, maintenance and management of the Wastewater Treatment
Facilities which benefit and serve all of the real property described herein and all of the parties to this Agreement,
their members, owners, successors and assigns.
NOW, THEREFORE, for and in consideration of the covenants and conditions hereinafter contained, the parties
agree as follows:
hicorporation of Recitals. The foregoing recitals are hereby incorporated fully herein by this reference.
2. Grantor/Grantee Identification. The Grantors and Grantees for each Parcel Number are identified as
follows
a. Parcel Numbers 637515730790000 and 637515639793000
i. Grantors: PAB 1, PAB II and PAB III
ii. Grantees: FDG and
b. Parcel Number 637515637422000
i. Grantor: PAB I
ii. Grantees: PAB II, PAB III, FDG and
e. Parcel Number 637515637021000
i. Grantor: PABII
ii. Grantees: PAB I, PAB III, FDG and
d. Parcel Numbers 637515635360000, 637515630087000, 637515632216000, and
637515633349000
i. Grantor: FDG
ii. Grantees: PAS I, PAB 11, PAB III and
3. Grant of Easement. Subject to the terms set forth herein, Grantors hereby convey to Grantees the
perpetual, non-exclusive right, privilege, and easement for the continued placement, existence, access,
operation, maintenance and management of the Wastewater Treatment Facilities (the "Wastewater
Easement") within the easement areas ("Easement Areas") which are more specifically described in
Exhibit A, a copy of which is attached hereto and incorporated herein by this reference. Said easements
shall be of the nature and character and to the extent hereinafter set forth.
4. Purpose of the Wastewater Easement. The Wastewater Easement is granted for the express and sole
purpose of allowing Grantees to go in upon the Easement Areas for the purpose of monitoring,
maintaining, improving, inspecting, repairing, or performing any other tasks reasonably and customarily
necessary to ensure the proper function of the Wastewater Treatment Facilities, including, but not limited
to the installation of any new disposal fields and/or monitoring wells within the Easement Area.
Notwithstanding the above, installation of any new disposal field or monitoring well shall not occur unless

both. Grantor and Grantee have agreed in writing to the location of said disposal field and/or monitoring
well within the Easement Areas.
Ritrlits and Obli<(gations of Grantees. To accomplish the purpose stated above, and at Grantees' sole
expense, the following rights are conveyed to Grantees by this Wastewater Easement:
a. the right to enter on the Easement Area within the compliance boundary for groundwater
monitoring and remediation purposes;
b. the right for Grantees to inspect, alter, improve, construct, repair, rebuild, relocate and remove,
connect to, disconnect from, and maintain the Wastewater Treatment Facilities, and related
appurtenances within the Wastewater Easement;
c, the right to locate new disposal fields and/or monitoring wells on the Easement Area as may be
necessary at such future times for the proper operation and/or maintenance of the Wastewater
Treatment Facilities provided that the location of new disposal fields and monitoring wells are
agreed to by Grantor and Grantee prior to installation;
d. all other rights and privileges reasonably and customarily necessary or convenient for Grantees'
safe and efficient operation, maintenance, and/or repair of the Wastewater Treatment Facilities,
including convenient and reasonable access to such facilities; and
e. for the enjoyment and use of said easements for the purposes described above.
Grantees shall use its best efforts in its use of the easement areas to not interfere with use by Grantors',
its tenants, guests and invitees of adjacent property owned by Grantor.
6. Compliance with Permit. Grantors and Grantees agree to comply with all provisions of the High -Rate
Drip Infiltration Facilities permit number WQ0011313.
7. Grantors' Use of Easement. Subject to and conditioned upon the provisions of Paragraph 3 and 4 of this
Agreement, Grantor hereby reserves for itself the right to use the Easement Area; provided, however, that
Grantor's use may not (i) violate any provision of this Easement Agreement, or (ii) unreasonably interfere
with any of Grantee's easements, rights or interest under this Agreement. Notwithstanding anything to the
contrary contained herein, Grantor shall not have the right to relocate the Wastewater Easement on
Grantor's property.
Easements Run with the Land. These easements shall remain a charge against the property. Therefore,
these easements shall run with the land and be automatically assigned by any deed or other conveyance
conveying the easement property, or a portion thereof, relating to these easements, even though the
conveyance makes no reference to these easements as such.
9. Waiver of Setbacks. For the parcels identified above, the parties consent to a reduced setback of 0 feet,
thereby allowing the application of wastewater effluent as near as 0 feet from the property lines,
residences, and/or buildings now located thereon or which may be built in the future. For the parcels
identified above, the parties consent to a reduced setback of 0 feet, thereby allowing any future wastewater
treatment and/or storage units to be built as near as 0 feet from the property lines, residences, and/or
buildings now located thereon or which may be built in the future.
10. Notice of Permit. This easement is entered into for the purpose of obtaining a Wastewater Treatment and
High -Rate Drip Infiltration Facilities Permit (Permit No. WQ0011313) from the Division of Water
Quality, North Carolina Department of Environment and Natural Resources, 2728 Capital Boulevard,
Raleigh, NC 27604, [phone].
11. Termination of Easement. If the purpose of this Wastewater Easement ceases to exist as to any of the
property contained herein, the parties agree to execute any document necessary to terminate the easement
and to record said documentation in the Register of Deeds of Carteret County, North Carolina.

12. Other Agreements. The Parties to this easement fiu-ther agree that there shall be no construction and
operation of water supply wells within the compliance boundaries, as those are set forth on Exhibit A.
13. Recordation. This Wastewater Easement shall record this instrument in a timely fashion in the Official
Records of Carteret County, North Carolina and may re-record it at any time as may be required to preserve
its rights in this Easement.
14. Injunctive Relief The parties agree that, in the event of default, there may not be an adequate remedy at
law, and therefore, it is agreed the parties shall be entitled to seek injunctive relief, including a mandatory
injunction.
15. Governing Law and Venue. This Agreement shall be governed by the laws of the State of North Carolina.
Venue for all disputes shall be properly placed in Carteret County, North Carolina. The parties agree that
the Agreement was consummated in Carteret County, and the site of the easements is in Carteret County,
North Carolina.
16. Notices. All notices, demands, requests, consents, approvals or other communications required or
permitted to be given hereunder or which are given with respect to this Agreement shall be effective only
if in writing and delivered by personal service, or delivered to an overnight courier service with guaranteed
next day delivery or mailed by registered or certified mail, return receipt requested, postage prepaid,
addressed as follows:
a. To PAB I: Hope Carmichael
1951 Clark Avenue
Raleigh, NC 27605
hearmlchael (U of rdan )( rice.com
b. TO PAB II: Elleveve Donahue
Chief Compliance Counsel
One Vance Gap Road
Asheville, NC 28805
edonahue(cizhcoiiil)an y.coni
c. To PAB III: Elleveve Donahue
One Vance Gap Road
Asheville NC, 28805
edonahuc CaMicompany.coni
d. To FDG: Elleveve Donahue
One Vance Gap Road
Asheville, NC 28805
edonahueLaMieompanv.conn
or to such other address as such party shall have specified most recently by like Notice. The aforesaid
attorneys for the parties hereto are hereby respectively authorized to give any Notice permitted under
this Agreement. Any Notice given as provided herein shall be deemed received as follows: if
delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on
the business day immediately following delivery to such service; and if mailed, on the third business
day after mailing.

17. Modification. This Easement shall only be modified by a written instruiuent executed by the parties hereto
or any successor. assigns, heirs, or representatives thereto.
18. Entire Agreement, This Easement constitutes the full and entire agreement between the panties hereto and
supersedes any oral or written prior communications between the parties related to the subject platter
contained in this Easement.
[SIGNATURE PAGE TO FOLLOW]

IN• WITNESS WHEREOF, Grantors and Grantees have set their respective hands on the day and year first
written above.
Peppertree-Atlantic Beach Association, Inc.
L
By: � A
Its:
SEAL -STAMP State of C'C�ir�ccti
County of Cc r-�t�r,
1, Y--, CAVj n � a Notary Public of the County and State aforesaid, certify that vj 6,4
as �,t�,,.� for Peppertree-Atlantic Beach Association, Inc., personally appeared before me this day and
acknowledged the execution of t e foregoing Wastewater Treatment Easement. Witness my hand and official
stamp or seal, this 3i day of Ridj-
2018.
s
i
z oozi 5 �
bjjj
N;
•�i� dW-2021
i cowN 't``��
Notary Public: iZG'i
My commission expires:
64

IN WITNESS WHEREOF, Grantors and Grantees have set their respective hands on the day and year first
written above.
Peppertree-Atlantic Beach II Association, Inc.
By:
Its: ✓�/,a� �'
SEAL -STAMP State of J r `tck,
County of c kc,-
I,�cr�c a Notary Public of the County and State aforesaid, certify that
as for Peppertree-Atlantic Beach II Association, Inc., personally appeared before me this day and
acknowledged the execution of the foregoing Wastewater Treatment Easement. Witness my hand and official
stamp or seal, this (I day of )2018.
COO"* *may'; Notary Public:
4s 1s�TAgt N _ My commission expires:
57

INWITIVESS WHEREOF, Grantors and Grantees have set their respective hands on the day and year first
written above.
Peppertree Atlantic Beach Villas III Association, Inc.
Its:
SEAL -STAMP
State of
County of
a Notary Public of the County and State aforesaid, certify that
as -�Ws,d,,,-r- for Peppertree Atlantic Beach Villas III Association, Inc., personally
appeared before me this day and acknowledged the execution of the foregoing Wastewater Treatment Easement.
Witness my hand and official stamp or seal, this 1 I day of 2018.
Notary Public: } U,�,r� ©
My commission expires. ) -zr2O L4
58

IN WITNESS WHEREOF, Grantors and Grantees have set their respective hands on the day and year first
written above.
Festiva Development Group, Inc.
NRY
SE?��LITAkli ? State of No-r k'-. Uu`dw-0..
County of &W-A,
Ho -{fir , a Notary Public of the County and State aforesaid, certify that
' 'as Sy-A-'PStlacirfor Festiva Development Group, Inc., personally appeared before me this day
and acknowledged the execution of the foregoing Wastewater Treatment Easement. Witness my hand and official
stamp or seal, this !.- lay of nj)- i, 2018.
Notary Public:
My commission expires: 1 �✓
Theforegoing Certificate(s) of.......................................................................................................................
...................................................................................................................................................
is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and
Page shown on the first page hereof.
REGISTER OF DEEDS FOR .................................. County
By- . ... ........................................ .................. Deputy/Assistant - Register of Deeds

EXHIBIT A
BEING all that real property more particularly described as
Tract 1: Carteret County Tax Parcel Number 637515637422000, and being a portion of that real property which was
subjected to the condominium regime the established in the Declaration of Unit Ownership recorded in the Carteret County
Register of Deeds at Book, UO39, Page 465; and
Tract 2: Carteret County Tax Parcel Number 637515637021000, being a portion of that real property which was
subjected to the condominium regime established in the Declaration of Unit Ownership recorded in the Carteret County
Register of Deeds at Book UO62, Page 172; and
Tract 3: Carteret County Tax Parcel Numbers 637515636360000, 637515630087000, 637515632216000, and
637515633349000, being a portion of that real property conveyed via deeded recorded in the Carteret County Register of
Deeds at Book 1233, Page 32; and
Tract 4: BEGINNING at a nail set in the southern edge of that certain 80-foot right-of-way for NC Highway 58 (also
now or formerly known as Fort Macon Road); thence from said beginning point North 88 degrees 17' 45" East 53,83 feet to
a point; thence with the western line of Bailey (now or formerly) South 03 degrees 50' 55" West 212.78 feet to an existing
iron pin; thence South 87 degrees 58' 00" West 95.17 feet to a nail set; thence North 31 degrees 10' 35" East 36.97 feet;
thence North 03 degrees 33' 05" East 107.08 feet; thence North 23 degrees 36' 00" East 43.40 feet; thence North 19
degrees 09' 35" East 37.90 feet to the point of BEGINNING and containing 0.365 acres more or less, and being the same
real property known as the "Sewage Treatment Plant", which is a portion of that real property conveyed by those certain
deeds recorded in Book 856, Page 658, and Book 872, Page 344, Carteret County Registry.

ATT he4ME-nrr H
North Carolina Department of Environmental Quality
Division of Water Resources
Permit Number: WQ0011313
Permit Type: High Rate Infiltration
Facility Name: Peppertree Resort WWTP
Facility Addressl: 715 W Fort Macon Rd
Facility Address2:
City, State & Zip: Atlantic Beach, NC 28512
Owner Information Details:
MUST submit a Change of Name/Ownership form to DWR to make any changes to this Owner information.
(Click here for "Change of Name/Ownership"form)
Owner Name: Festiva Real Estate Holdings LLC
Owner Type: Non -Government Owner Type Group: Organization
*** Legally Responsible for Permit ***
(Responsible corporate officer/principle executive officer or ranking elected official/general partner or proprietor;
or any other person with delegated signatory authority from the legally responsible person.)
Owner Affiliation: 'R-Catherime-C-4aeseeN �r bpi l {�. }tea-}-f !GK �Title: President
Addressl: One Vance Gap Rd
Address2:
City, State & Zip: Asheville, NC 28805
Work Phone: [phone] Fax:
Email Address: a edof) 13e.Q J�CornpO-X%L --%
*** Permit Annual Fee Billing **
Billing Month: October
Invoice Number Invoice Date Invoice Due Date Invoice Amount Invoice Status
Owner Contact Person(s)
Contact Name Title Address Phone Fax Email
Facility Contact Person(s)
Contact Name Title Address Phone Fax Email
Eric Curtis General Manager 715 W Fort Macon Rd, Atlantic Beach, 252-247-5841 [e-mail]
NC 28512
Daniel Edward PO Box 4188, Emerald Isle, NC 252-393-8720 252-393-1225 fortin.contract@yahoo.c
Fortin 28594-4188 om
Permit Contact Person(s)
Contact Name Title Address Phone Fax Email
Permit Billing Contact Person(s)
Contact Name Title Address Phone Fax Email
Festiva Real One Vance Gap Rd, Asheville, NC 28805
Estate Holdings
LLC
3/14/2024 Page 1

Permit Number: WQ0011313
Permit Type: Hioh Rate Infiltration
Facility Name: Peppertree Resort WWTP
Facility Addressi: 715 W Fort Macon Rd
Facility Address2:
City, State & Zip: Atlantic Beach NC 28512
Persons with Signatory Authority
Type Contact Name Title Address Phone Fax Email
Permit Daniel E Fortin Back-up ORC 1 Vance Cap Rd, Asheville, NC 828-348-2505 cclaussen@zhcompany.c
28805 om
Permit Robert Howard ORC 1 Vance Gap Rd, Asheville, NC cclaussen@zhcompany.c
28805 om
Designated Operators
If the designated operators listed below are incorrect or no longer associated with the collection system, the information can be updated by stj
a completed "Operator Designation Form" (Click Here for ORC Designation Form). Please provide specific details as to the changes requested,,
the addition/removal of designated operators. For al/ other operator questions or issues, please cal/ 919-807-6353.
Facility Classification: WW2
Operator Name Role
Robert C Howard Backu
Cert Type Cert Status
WW-3 Active
Cert # Effective Date
996013 10/1 /2013
3/14/2024 Page 2

Uocubign Envelope ID: 6U7U359U-C653-4UUA-9B53-103FG5AU343t
ROY COOPER
Governor
ELIZABETH S. BISER
Serretory
RICHARD E. ROGERS. JR.
Director
�TyA.1,. SV1TE y,
N 7+
NORTH CAROLINA
Environmental Quality
Certified Mail #70210950 0001 1209 8917
Return Receipt Requested
January 31, 2024
Elleveve Donahue
Festiva Real Estate Holdings LLC
One Vance Gap Rd
Asheville, NC 28805
Attachment J
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-PC-0091
Permit No. WQ0011313
Peppertree Resort WWTP
Carteret County
Dear Permittee:
The North Carolina Division of Water Resources conducted an inspection of the Peppertree Resort WWTP on
January 24, 2024. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in Non -discharge Permit No. WQ0011313. A summary of the findings and
comments noted during the inspection are provided in the enclosed copy of the inspection report.
The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Wilmington
Regional Office. The following violation(s) were noted during the inspection:
Inspection Area Description of Violation
End Use -Infiltration The dosing tank is severely corroded and needs to be repaired or replaced.
[15A NCAC 02T .0707(j)]
Standby Power The generator automatic transfer switch does not operate. [15A NCAC 02T .0705(k)]
Record Keeping The required annual soil analysis of the infiltration fields has not been completed.
[15A NCAC 02T .0108(c)]
Treatment Disinfection The UV system is inoperable and needs to be replaced by a proper disinfection system.
[15A NCAC 02T .0707(j)]
A"W
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UocuSign Envelope IL): 607U359U-Ub53-4UUA-9B53-1 U3FG5AU343t
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's Non -discharge Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
A plan of action and timeline to address the violations above is requested in writing within thirty (30) days after
receipt of this Notice. A review of your response will be considered along with any additional information
provided. You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 30-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and
you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
If you should have any questions, please do not hesitate to contact Helen Perez with the Water Quality
Regional Operations Section in the Wilmington Regional Office at 910-796-7215.
Sincerely,
EDocuSigned by:
Toµ 'tln-�oA,
7F141E73B6F3456...
for
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File
Eric Curtis — Electronic copy
John Mcgee — Electronic copy
Dan Fortin — Electronic copy
Upload to Laserfiche
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110 N,7215

DocuSign Envelope ID: F2D16FA9-3854-478C-BE4F-114A9534D071
ROY COOPER
Governor
ELIZABETH 5, BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Elleveve Donahue
Festiva Real Estate Holdings LLC
One Vance Gap Rd
Asheville, NC 28805
SrATEQ
NORTH CAROLINA
Environmental Quality
January 5, 2024
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2024-LV-0020
Permit No. WQ0011313
Peppertree Resort WWTP
Carteret County
Dear Permittee:
A review of the October 2023 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 BOD, 5-Day (20 Deg. Q 10/31/2023 10 11 Monthly Average Exceeded
(00310)
001 Solids, Total Suspended 10/31/2023 20 21 Monthly Average Exceeded
(00530)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider applying for a Special Order by Consent (SOC).
D_E Q� ��r�ncerol�naoeporimematenvironmenral4uelay I owisionatwareracsa�rccs
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NO Nb.7215

DocuSign Envelope ID: F2D16FA9-3854-478C-BE4F-114A9534D071
If you have any questions concerning this matter or to apply for an SOC, please contact Helen Perez of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
�DocuSigned by:
L__'OH _rLrrin w'
COAFC8EC8FCD446...
for
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
Eric Curtis — electronic copy
Upload to Laserfiche
D_E Q� ��r�ncerol�naoeporimemafenvironmenral4uelay I owisionafwareracsa�rccs
wilml�lon xe9ionalorece I ar eanrmal ori�e�lens;on I wumio�coo. worm Gml�na zes9s
NO Nb.7215

Docubign Envelope ID: 607U359U-C:653-4UUA-9t353-103FC5AU343�-
Permit: WQ0011313
SOC:
County: Carteret
Region: Wilmington
Contact Person: Eric Curtis
Compliance Inspection Report
Effective: 11/15/18 Expiration: 09/30/23 Owner: Festiva Real Estate Holdings LLC
Effective: Expiration: Facility: Peppertree Resort WWTP
715 W Fort Macon Rd
Atlantic Beach NC 28512
Title: General Manager Phone: [phone]
Directions to Facility:
From Wilmington, follow US 17N to NC 24 E to US 70E. Turn right on Atlantic Beach Causeway, Turn right on NC 58W, facility is on
the left.
System Classifications: WW2,
Primary ORC: Robert C Howard Certification: 996013
Secondary ORC(s):
On -Site Representative(s):
On -site representative Daniel Edward Fortin
Related Permits:
Inspection Date: 01/24/2024 Entry Time 10:OOAM Exit Time: 11:10AM
Primary Inspector: Helen I Perez DocuSigned by:
Secondary Inspector(s): E 39694BE
Reason for Inspection: Routine
Permit Inspection Type: High Rate Infiltration
Facility Status: ❑ Compliant N Not Compliant
Question Areas:
Treatment Flow Measurement -Effluent
Treatment Flow Measurement -Water
Use Records
Treatment Filters
Treatment Sludge Storage/Treatment
Treatment Disinfection
Treatment Return pumps
(See attachment summary)
Phone: [phone]
252-393-8720
Phone: [phone]
Inspection Type: Compliance Evaluation
Treatment Flow Measurement -Influent Miscellaneous Questions
Treatment Treatment Barscreen
Record Keeping
Treatment Influent Pump Station
End Use -Infiltration
Standby Power
Treatment Activated Sludge
Treatment Clarifiers
Treatment Flow Measurement
Page 1 of 7

Docubign Lnvelope ID: 60703590-G653-4DOA-9B53-1031 (;5AO343t
Permit: WQ0011313 Owner - Facility: Festiva Real Estate Holdings LLC
Inspection Date: 01/24/2024 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
A routine compliance inspection of the Peppertree WWTF was conducted on January 24, 2024. The purpose of the
evaluation was to verify that the facility is operating in compliance with the conditions and limitations specified in Permit
WQ0011313. Fortin Contract Service staff and Eric Curtis and John McGee, property management staff, were present during
the inspection.
This 80,000 gpd extended aeration plant averaged approximately 30,000 gpd during this past summer season. It is currently
treating 15,000-20,000 gpd using one train. All the visual and audio high-level alarms throughout the plant were operable, but
the facility does not have any telemetry system to notify operators of these alarms. The two new blowers were delivered
recently, and installation will be completed soon. The permit expired on September 30, 2023. The Permittee received an
extension for the renewal application submittal until February 2024 by the Central Office.
The following items were found to be noncompliant during this inspection:
1. The generator automatic transfer switch does not operate [15A NCAC 02T .0705(k)]
2. The dosing tank is severely corroded and needs to be repaired or replaced [15A NCAC 02T .07070)]
3. The UV system is inoperable and needs to be replaced by a proper disinfection system
[15A NCAC 02T .07070)]
4. The required annual soil analysis of the infiltration fields has not been completed
[15A NCAC 02T .0108(c)]
Please review the comment sections of the inspection report for more details. The facility is noncompliant with
Non -Discharge Permit WQ0011313 and a Notice of Violation/Notice of Intent to Access will be issued. A plan of corrective
action and time line to address the items listed above are requested within 30 days of receipt of this report.
Page 2 of 7

Uocubign Envelope IU: 6U7U359U-U653-4UUA-9B53-1U3F-05AU343E
Permit: WQ0011313
Inspection Date: 01/24/2024
Owner - Facility: Festiva Real Estate Holdings LLC
Inspection Type : Compliance Evaluation Reason for Visit: Routine
Type
Yes No NA NE
Reuse (Quality)
❑
Lagoon Spray, LR
❑
Single Family Spray, LR
❑
Activated Sludge Spray, LR
❑
Activated Sludge Spray, HR
❑
Activated Sludge Drip, LR
❑
Recycle/Reuse
❑
Single Family Drip
❑
Infiltration System
Treatment Yes No NA NE
Are Treatment facilities consistent with those outlined in the current permit? ❑ 0 ❑ ❑
Do all treatment units appear to be operational? (if no, note below.) ❑ 0 ❑ ❑
Comment: There does not appear to be a permit modification submitted addressing the discrepancies
between the permit facility description and the actually facility as required in Schedule 1.1 of the
current permit. Two blowers , the UV system and the automatic generator transfer switch are
not operable. The anoxic tank is only used for an additional EQ tank.
Treatment Influent Pump Station
Yes No NA NE
Is the pump station free of bypass lines or structures?
0
❑ ❑ ❑
Is the general housekeeping acceptable?
M
❑ ❑ ❑
Are all pumps present?
0
❑ ❑ ❑
Are all pumps operable?
0
❑ ❑ ❑
Are floats/controls operable?
0
❑ ❑ ❑
Are audio and visual alarms available?
0
❑ ❑ ❑
Are audio and visual alarms operational?
0
❑ ❑ ❑
# Are SCADA/Telemetry alarms required?
❑
❑ 0 ❑
Are SCADA/Telemetry available?
❑
❑ 0 ❑
Are SCADA/Telemetry operational?
❑
❑ 0 ❑
Comment: The high-level visual and audio alarms were activated when float was
pulled. There is no
telemetry system to alert operators of alarms at the facility.
Treatment Flow Measurement -Influent
Yes No NA NE
Is flowmeter calibrated annually?
❑
❑ 0 ❑
Is flowmeter operating properly?
❑
❑ 0 ❑
Does flowmeter monitor continuously?
❑
❑ 0 ❑
Does flowmeter record flow?
❑
❑ M ❑
Does flowmeter appear to monitor accurately?
❑
❑ 0 ❑
Page 3 of 7

Docubign Envelope ID: 60103590-C653-4DOA-9B53-103FC5AO343t
Permit: WQ0011313 Owner - Facility: Festiva Real Estate Holdings LLC
Inspection Date: 01/24/2024 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Comment:
Treatment Flow Measurement -Water Use Records
Is water use metered?
Are the daily average values properly calculated?
Comment:
Yes No NA NE
❑❑■❑
❑❑■❑
Treatment Flow Measurement -Effluent Yes No NA NE
Is flowmeter calibrated annually? M ❑ ❑ ❑
Is flowmeter operating properly? ❑ ❑ ❑
Does flowmeter monitor continuously? N ❑ ❑ ❑
Does flowmeter record flow? M ❑ ❑ ❑
Does flowmeter appear to monitor accurately? ❑ ❑ ❑
Comment: The effluent flow meter was recently replaced and calibrated by Delta Systems Environmental.
Standby Power Yes No NA NE
Is automatically activated standby power available? M ❑ ❑ ❑
Is generator tested weekly by interrupting primary power source? 0 ❑ ❑ ❑
Is generator operable? 0 ❑ 1111
Does generator have adequate fuel? ❑ ❑ ❑
Comment: The generator is rented and maintained by PowerHouse. The roof over the electrical panel was
recently damaged during a storm. This caused the automatic transfer switch to be inoperable.
During the inspection, it was discovered that the generator was inoperable as well.
PowerHouse repaired the generator the same day as the inspection, but will have to find parts
to repair the transfer switch.
Treatment Barscreen
Yes No NA NE
Is it free of excessive debris?
0
❑ ❑ ❑
Is disposal of screenings in compliance?
M
❑ ❑ ❑
Are the bars spaced properly?
❑
❑ ❑
Is the unit in good condition?
0
❑ ❑ ❑
Comment: No comment.
Treatment Activated Sludge
Yes No NA NE
Is the aeration mechanism operable?
❑
0 ❑ ❑
Is the aeration basin thoroughly mixed?
0
❑ ❑ ❑
Is the aeration equipment easily accessed?
0
❑ ❑ ❑
Is Dissolved Oxygen adequate?
❑
❑ ❑ 0
Are Settleometer results acceptable?
M
❑ ❑ ❑
Is activated sludge an acceptable color?
M
❑ ❑ ❑
Page 4 of 7

UocuSign Envelope IU: 607U3590-C;653-4UUA-9B53-103FC5AU343E
Permit: WQ0011313 Owner - Facility: Festiva Real Estate Holdings LLC
Inspection Date: 01/24/2024 Inspection Type : Compliance Evaluation
Reason for Visit: Routine
Comment: The 2 blowers for one of the trains continue to be inoperable. The new blowers were order and
have arrived, but have not been installed vet. Staff plans to replace the electrical/control
panels for the blowers as well. A settleometer test is completed weekly
and DO is measured by
a portable meter for process control. The anoxic tank is being used as a second EQ tank. Both
EQ tank high-level alarms were operable when tested.
Treatment Clarifiers
Yes No NA NE
Are the weirs level?
❑ ❑ ❑
Are the weirs free of solids and algae?
M ❑ ❑ ❑
Is the scum removal system operational?
M ❑ ❑ ❑
Is the scum removal system accessible?
0 ❑ ❑ ❑
Is the sludge blanket at an acceptable level?
❑ ❑ ❑
Is the effluent from the clarifier free of excessive solids?
0 ❑ ❑ ❑
Comment: No comment.
Treatment Return pumps Yes No NA NE
Are they in place? 0 ❑ ❑ ❑
Are they operational? M ❑ ❑ ❑
Comment: No comment.
Treatment Filters
Yes No NA NE
Is the filter media present?
0
❑ ❑ ❑
Is the filter media the correct size and type?
❑
❑ ❑
Is the air scour operational?
0
❑ ❑ ❑
Is the scouring acceptable?
0
❑ ❑ ❑
Is the clear well free of excessive solids?
0
❑ ❑ ❑
Is the mud well free of excessive solids and filter media?
N
❑ ❑ ❑
Does backwashing frequency appear adequate?
0
❑ ❑ ❑
Comment: The tertiary filters are manually backwashed daily.
Treatment Sludge Storage/Treatment Yes No NA NE
Is the aeration operational? M ❑ ❑ ❑
Is the aeration pattern even? ❑ ❑ ❑
If required, are Sanitary "Ts" present in tankage? ❑ ❑ 0 ❑
Comment: Sludge is hauled from the facility approximately 3 times a years by Barnes Environmental.
Treatment Disinfection Yes No NA NE
Is the system working? ❑ 0 ❑ ❑
Do the fecal coliform results indicate proper disinfection? M ❑ ❑ ❑
Is there adequate detention time (-30 minutes)? ❑ ❑ ❑
Is the system properly maintained? ❑ 0 ❑ ❑
Page 5 of 7

UocuSign Envelope IU: 6U7U359U-C653-4UUA-9b53-103FC5AU343t
Permit: WQ0011313 Owner - Facility: Festiva Real Estate Holdings LLC
Inspection Date: 01/24/2024 Inspection Type : Compliance Evaluation Reason for Visit: Routine
If gas, does the cylinder storage appear safe? ❑ ❑ ❑
Is the fan in the chlorine feed room and storage area operable? ❑ ❑ 0 ❑
Is the chlorinator accessible? 0 ❑ ❑ ❑
If tablets, are tablets present? 0 ❑ ❑ ❑
Are the tablets the proper size and type? ❑ ❑ ❑
Is contact chamber free of sludge, solids, and growth? 0 ❑ ❑ ❑
If UV, are extra UV bulbs available? ❑ ❑ 0 ❑
If UV, is the UV intensity adequate? ❑ ❑ E ❑
# Is it a dual feed system? ❑ ❑ 0 ❑
Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)? ❑ ❑ 0 ❑
If yes, then is there a Risk Management Plan on site? ❑ ❑ 0 ❑
If yes, then what is the EPA twelve digit ID Number? (1000- - )
If yes, then when was the RMP last updated?
Comment: The UV system for one train continues to be inoperable. Effluent is chlorine disinfected before
reaching the dosing tank. The dosing tank is severly
corroded and in need of sandblasting,
repair and recoating or replacement. The high-level alarms for the dosing tank were operable
when tested.
Record Keeping
Yes No NA NE
Is a copy of current permit available?
0
❑ ❑ ❑
Are monitoring reports present: NDMR?
❑
❑ ❑
NDAR?
❑
❑ ❑
Are flow rates less than of permitted flow?
0
❑ ❑ ❑
Are flow rates less than of permitted flow?
E
❑ ❑ ❑
Are application rates adhered to?
0
❑ ❑ ❑
Is GW monitoring being conducted, if required (GW-59s submitted)?
0
❑ ❑ ❑
Are all samples analyzed for all required parameters?
0
❑ ❑ ❑
Are there any 2L GW quality violations?
E
❑ ❑ ❑
Is GW-59A certification form completed for facility?
❑
❑ ❑
Is effluent sampled for same parameters as GW?
0
❑ ❑ ❑
Do effluent concentrations exceed GW standards?
❑
❑ 0 ❑
Are annual soil reports available?
❑
0 ❑ ❑
# Are PAN records required?
❑
❑ 0 ❑
# Did last soil report indicate a need for lime?
❑
❑ 0 ❑
If so, has it been applied?
❑
❑ 0 ❑
Are operational logs present?
E
❑ ❑ ❑
Are lab sheets available for review?
N
❑ ❑ ❑
Do lab sheets support data reported on NDMR?
❑
❑ ❑
Page 6 of 7

Uocubign Envelope IU: 607U359U-C;653-4UUA-9b53-1U3FC5AU343E
Permit: WQ0011313 Owner - Facility: Festiva Real Estate Holdings LLC
Inspection Date: 01/24/2024 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Do lab sheets support data reported on GW-59s? ❑ ❑ ❑
Are Operational and Maintenance records present? E ❑ ❑ ❑
Were Operational and Maintenance records complete? 0 ❑ ❑ ❑
Has permittee been free of public complaints in last 12 months? 0 ❑ ❑ ❑
Is a copy of the SOC readily available? ❑ ❑ E ❑
No treatment units bypassed since last inspection? N ❑ ❑ ❑
Comment: A review of records of NDMR/NDAR reports, since the last inspection in July 2022, shows 4
effluent limit violations: 2 BOD and 2 BOD and TSS. For the GW-59 reports, MW-1 has been
high for TDS and Nitrates. This well is outside the compliance boundary according to the site
map. It appears that the required annual soil analysis for the infiltration fields has not been
done in several years.
End Use -Infiltration
Yes No NA NE
# Is the application High Rate or Low Rate?
High
Rate
Are buffers maintained?
❑ ❑ ❑
Are any supply wells within the CB?
❑
❑ ❑
Are any supply wells within 250' of the CB?
❑
❑ ❑
Is municipal water available in the area?
E
❑ ❑ ❑
Are GW monitoring wells required?
E
❑ ❑ ❑
Are GW monitoring wells located properly w/ respect to RB and CB?
❑
0 ❑ ❑
Are GW monitoring wells properly constructed, including screened interval?
❑
❑ ❑ E
Is a usable green area maintained?
❑
❑ 0 ❑
Is the disposal site acceptable?
0
❑ ❑ ❑
Is the distribution equipment acceptable?
0
❑ ❑ ❑
Is the disposal site free of ponding?
0
❑ ❑ ❑
Is the disposal site free of breakout?
0
❑ ❑ ❑
Are the disposal sites free of solids, algae, etc.?
0
❑ ❑ ❑
Do the records show that the fields are properly maintained?
❑
❑ ❑
Are the disposal sites free of vegetation?
❑
❑ 0 ❑
Do any surface water features appear to be adversely impacted by GW discharge?
❑
❑ 0 ❑
No chemicals or rototiller used to eliminate vegetation, solids, algae, etc.?
N
❑ ❑ ❑
Comment: From the dosing tank, effluent is Dumped through 4 spin filters to help prevent clogging of the
drip nozzels. These spin filters are manually backwashed daily.
The infiltration fields and drip
line equipment appear to be well maintained by the condo property
management staff. Some
monitoring wells appear to be improperly located on the current site map and will be addressed
during the renewal process.
Page 7 of 7

January 5, 2024 Violation Notice
Blowers were installed on March 14, 2014. We have been told this will resolve the issues
noted herein.
January 31, 2024 Violation Notice
We are beginning repairs as noted in this violation.
Eric Curtis, the General Manager of the Resort, has been in communication with Helen
Perez about the violations.