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HomeMy WebLinkAboutWQ0007026_Final Permit_20170302Water Resources ENVIRONMENTAL QUALITY March 2, 2017 JOSEPH RYAN — DIRECTOR OF MAINTENANCE SANFORD HEALTH & REHABILITATION CO. 2702 FARRELL ROAD SANFORD, NORTH CAROLINA 27330 Dear Mr. Ryan: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Permit No. WQ0007026 Sanford Health & Rehabilitation Wastewater Irrigation System Lee County In accordance with your permit renewal request received July 6, 2016, and subsequent additional information received September 30, 2016 and January 5, 2017, we are forwarding herewith Permit No. WQ0007026 dated March 2, 2017, to the Sanford Health & Rehabilitation Co. for the continued operation of the subject wastewater treatment and irrigation facilities. The modifications to the subject permit are as follows: Five spray irrigation fields have been combined to a single eight acre irrigation field as seen in Attachment B. This permit shall be effective from the date of issuance until February 28, 2022, shall void Permit No. WQ0007026 issued October 30, 2009, and shall be subjectto the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit condition and attachment have been modified since the last permit issuance dated October 30, 2009: ➢ Condition II.11. — The setbacks in this condition were inadvertently changed during the previous permit issuance. Accordingly, the original setbacks have been restored. ➢ Attachment C Groundwater Monitoring and Limitations — Nitrogen, Ammonia Total (as N) now has a daily ]maximum of 1.5 mg/L. ➢ Attachment C Groundwater Monitoring and Limitations —Solids, Total Dissolved- 100°C has been added with a daily maximum of 500 mg/L. <-_�"—Nothing Compares'.—, State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6332 Mr. Joseph Ryan March 2, 2017 Page 2 of 2 If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Ashley Kabat at (919) 807-6348or ashley.kabatgncdenngov. Sincerely, S. Jay Zimmerman, P.G., Director Division of Water Resources cc: Lee County Health Department (Electronic Copy) Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH WASTEWATER IRRIGATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Sanford Health & Rehabilitation Co. Lee County FOR THE continued operation of a 15,720 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: a grease trap; four septic tanks; an influent flow meter; a 4,560 square foot (W) sand filter; a 30 day storage pond; a chemical feed chlorinator; a 2,000 gallon chlorine contact tank; duplex irrigation pumps with an automatic irrigation timer; an 8 acre spray irrigation field; and all associated piping, valves, controls, and appurtenances to serve Sanford Health & Rehabilitation, with no discharge of wastes to surface waters, pursuant to the application received July 6, 2016, and subsequent additional information received by the Division of Water Resources, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until February 28, 2022, shall void Permit No. WQ0007026 issued October 31, 2009 and shall be subject to the following specified conditions and limitations: I. SCHEDULES No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. [ 15A NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .0115(c)] WQ0007026 Version 4.0 Shell Version 151201 Page 1 of 8 H. PERFORMANCE STANDARDS The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or irrigation facilities. [G.S. 143- 215.1, 143-213.3(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 02B .0200, 02L .0100] 3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)] 5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] 6. This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 7. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0106, 02L .0108] 8. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [ 15A NCAC 02L .0107(c)] 9. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [ 15A NCAC 02L .0107] 10. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Lee County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] WQ0007026 Version 4.0 Shell Version 151201 Page 2 of 8 11. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 400 ii. Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 150 v. Public right of way: 50 [15A NCAC 02H .02190)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property line: 50 [15A NCAC 02H .02190)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [ 15A NCAC 02T .0507] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G 0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [15A NCAC 02T .0117] 3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [15A NCAC 02T .0108(b)(1)] 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)] 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)] 7. Only effluent from Sanford Health and Rehabilitation shall be irrigated on the sites listed in Attachment B. [G.S. 143-215.11 8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] WQ0007026 Version 4.0 Shell Version 151201 Page 3 of 8 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. [15A NCAC 02T .0508, 02T .1100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .05050)] 12. Freeboard in the 30 day storage pond shall not be less than two feet at any time. [15A NCAC 02T .0505(d)] 13. A gauge to monitor waste levels in the 30 day storage pond shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0108(b)(1)] 14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [I 5A NCAC 02T .0108(b)(1)] IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy and reliability of flow measurement consistent with accepted engineering and scientific practices. Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year; and maintained to ensure the accuracy of measurements is consistent with the selected device's accepted capability. The Permittee shall maintain records of flow measurement device calibration on file for a period of at least five years. At a minimum, documentation shall include: a. Date of flow measurement device calibration, b. Name of person performing calibration, and c. Percent from true flow. [I5A NCAC 02T .0105(k)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] WQ0007026 Version 4.0 Shell Version 151201 Page 4 of 8 The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; £ 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. [I5A NCAC 02T .0108(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 30 day storage pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(l)] A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Date of calibration of flow measurement device; b. Visual observations of the plant and plant site; and c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15ANCAC 02T .0108(b)(1)] 10. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] WQ0007026 Version 4.0 Shell Version 151201 Page 5 of 8 11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] 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 a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [ I SA NCAC 02T .0108(c)] 13. Noncompliance Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791- 4200, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter forth within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] WQ0007026 Version 4.0 Shell Version 151201 Page 6 of 8 V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] VT. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [ 15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.11 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [I 5A NCAC 02T .01056)] WQ0007026 Version 4.0 Shell Version 151201 Page 7 of 8 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [ 15A NCAC 02T .0120] 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 2' day of March 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0007026 WQ0007026 Version 4.0 Shell Version 151201 Page 8 of 8 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0007026 Version: 4.0 PPI 001— WWTF Effluent EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 4 x Year Grab 00940 Chloride (as Cl) mg/L 3 x Year z Grab 50060 Chlorine, Total Residual mg/L Weekly Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL — 4 x Year Grab 50050 Flow, in conduit or thru treatment plant GPD 15.720 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 x Year Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 4 x Year Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 4 x Year Grab 00400 pH sn Weekly Grab 00665 Phosphorus, Total (as P) mg/L 4 x Year Grab 70300 Solids, Total Dissolved — 180 °C mg/L 3 x Year z Grab 00530 Solids, Total Suspended mg/L -:::t::: 4 x Year'--j Grab 1. 4 x Year sampling shall be conducted in March, June, September, and December. 2. 3 x Year sampling shall be conducted in Match, June and September. WQ0007026 Version 4.0 Attachment A Page I of 1 THIS PAGE BLANK ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LBUTATIONS Sanford Health & Rehabilitation Co. — Sanford Health & Rehabilitation Permit Number: WQ0007026 Version: 4.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Dominant Parameter Hourly Yearly Units Acreage Soil Series Rate Max 1 Ammons Farmland, LLC Lee 35.5666310 -79.1221280 8.0 01284 — Non -Discharge Application Rate 0.25 30.16 inches 1. Sanford Health and Rehabilitation Co. has a lease agreement with Ammons Farmland, LLC. for the use of Field 1 (Lease Agreement attached). WQ0007026 Version 4.0 Attachment B Page 1 of 1 THIS PAGE BLANK ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Monitoring wells: MW-1, MW-4, and NM-5 Permit Number: WQ0007026 Version: 4.0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00680 Carbon, Tot Organic (TOC) mg/L 3 x Year Grab 1,6 00940 Chloride (as Cl) 250 mg/L 3 x Year Grab I 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/I00 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 -190 °C 500 mg/L 3 x Year Grab 1 GWVOC Volatile Compounds (GCIMS) Present: Yes/No Annually Grab 1, 4, 5 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, June & September; Annual monitoring shall be conducted every September. 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. Volatile Organic Compounds (VOC) - In September only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 µg/L or less b. Standard Method 6210D, PQL at 0.5 µg/L or less c. EPA Method 8021, Low Concentration, PQL at 0.5 µg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 µg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used must meet the following qualifications: a. A laboratory must be DWR certified to run any method used. b. The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. c. The method used must provide a PQL of 0.5 µg/L or less that must be supported by laboratory proficiency studies as required by DWR. Any constituents detected above the MDL but below the PQL of 0.5 µg/L must be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Raleigh Regional Office supervisor, telephone number (919) 791-4200, must be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. If TOC concentrations greater than 10 mg/L are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/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. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 2 and this attachment. WQ0007026 Version 4.0 Attachment C Page 1 of 1 COMPLIANCE BOUNDARY Ln F,NC've------- A4*V- Y, rMONIT ci T 1 2 LIL aRMMO EL -,20, 7Z KNITMING 03 U3WA % 7 -CINT�m PMNT 24 C0KCRETL-+Q"lENT t 79- 07'12LS*�O 251,e5 "eT. 35, 34, W2291 ELEVATTONP-2a 92 VELL 01 GROU14 E V %31 if I X Ar - HIC MAP FOR. 11 4oNVA4-,tl;4Lf-Ajr C-LNMA- 4 Lit c 0 O_C, J A r X JAN)LOiLa . I Al C, CO/Z 7/0 0 k�ia ,asp 4r. 17.,5, #4rojto"tLl:C*/C,A,L itt AE/V x 2 4 OL4 -1 7 / 2- a 1;7 /mo Sanflo7d Pi-E llIBILI 111 Tl O l+ 2702 Farrell Road - Sanford, NC 27330 (919) 776-9602 - Fax: (919) 777-0753 Admissions Cell: (919) 770-9988 w ww-sa nstonehea lth.com December 6, 2016 RE: Disposal of Wastewater Agreement RECEIVED! '00E 01MNIR DEC � 9 Z.M6 Water Quality permitting Section RECEIVEDINCDEUDWR ,BAN — 5 Z017 Non -Discharge permitting Un The permitted, Sanford Health and Rehabilitation, in conjunction with the NC Water Resources, will manage the disposal of wastewater on the property owned by Ammons Farmland, LLC. This property is located in Lee County, North Carolina. This agreement will remain in effect, unless otherwise amended, through the duration of the lease agreement between Pine Ridge Holdings, LLC and Sanford Health and Rehabilitation. All parties are in agreement as indicated by signatures below. Date: /A-19 - / 4 By: Christine P. Ammons Representing: Pine Ridge Holdings, LLC Date: 1,;[ - /.Z — /4 By: Christine P. Ammons Representing: Ammons Farmland, LLC C - Date: 12/14/16 By: Christopher J. Sprenger, President Representing: Sanford Health and Rehabilitation NORTH CAROLINA LEE COUNTY LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into on the 1 day of June , 2005, by and between Pine Ridge Holdings, LLC, a North Carolina limited liability company, hereinafter referred to as "Landlord", and Sanford Health and Rehabilitation Co., and Christopher Sprenger, Owner and Mike DeLoach, Owner of Sanford Health and Rehabilitation Co., hereinafter referred to as "Tenant"; WITNESSETH: WHEREAS, Pine Ridge Holdings, LLC is the owner of the property hereinafter fully described, on which there is situated buildings, personal property and other improvements, known as "Sanford Health and Rehabilitation Co."; and WHEREAS, Sanford Health and Rehabilitation Co., Christopher Sprenger, Owner and Mike DeLoach, Owner is desirous of leasing from Landlord the hereinafter described properties and operating the facilities thereon as a skilled nursing facility; NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, the Landlord does hereby let and lease unto the Tenant, and the Tenant does hereby accept as lessee of the Landlord a certain tract or parcel of land in Lee County, North Carolina, described as follows and hereinafter referred to as the "Leased Premises": 2702 Farrell Rd Sanford, NC 27330 TO HAVE AND TO HOLD said lands and premises and personal property, together with all privileges and appurtenances thereunto belonging, unto the Tenant for the time and upon conditions hereinafter set forth: 1. TERM OF LEASE This lease shall begin on the 1st day of June, 2005, and unless sooner terminated as hereinafter provided, shall exist and continue until the 31st day of May, 2025, subject to the provisions contained in this agreement. This agreement may be extended for additional periods, as agreed to in writing between Landlord and Tenant prior to expiration of the lease term. 2. TOTAL MONTHLY RENT AND ADJUSTMENTS THERETO As rental for said Leased Premises and for the equipment and furnishings to be furnished by the Landlord, the Tenant shall pay the Landlord in advance on or before the 15th day of each calendar month $8.50 per occupied* bed/per day based on a calendar month thru the first 7 months of the lease. Tenant shall furnish landlord with a monthly resident day calculation along with the months' lease payment. See Exhibit A for details. In January of 2006 through December 3 1 " 2006 the rent would increase to $9.14 per available** bed/per day based on a 30 day month and subject to the annual adjustment thereafter as set forth below in this Article 2. The first rental payment due hereunder shall be paid on or before June 15th, 2005 for the month of June and thereafter in accordance with this Section 2; Tenant acknowledges that Landlord may rely upon receipt of rent each month hereunder to make payment of Landlord's mortgage obligation in connection with the Leased Premises. If Tenant does not make full payment of rent in advance on or before the 15th day of each calendar month, Tenant shall pay unto Landlord, as a late fee, an amount equal to any excess interest payments, late fees or expenses that Landlord incurs in connection with that mortgage obligation due to Tenant's late payment. On December N 31 st, 2006, and at the same time every year thereafter for the remaining term of this agreement, a new monthly payment to be in effect for the next year shall be determined by multiplying the then current monthly base rent by 1.015. (For example, on December 31 S', 2006, the base rent of $9.14 per bed per day would be multiplied by 1.015 increasing it to $9.28 which would be the base rent for the year 2007) * Number of "occupied" beds shall be equal to the number of resident days in the facility in a calendar month. ** Number of "available beds" shall be equal to the number of beds that can be reasonably operated in hall 2, 3, and 4, including certification for Medicare and Medicaid and any new construction during the term of this lease. This number will increase over the life of this lease as the remainder of the facility is remodeled, restored or rebuilt. When the number of "available beds" is equal to the number of "licensed beds" the rent shall increase $1.00 per bed/per day (For example, in the 4Ih year of the lease the lease rate is $9.41 per bed per day and the facility has been repaired or remodeled so that all licensed beds are available the lease rate would increase to $10.41 per bed per day). 3. CARE AND MAINTENANCE OF PREMISES Tenant and landlord acknowledge that the Leased Premises are in need of repair and agree to tour the building within the first 30 days of this lease to mutually identify areas that need improvement, repair, or replacement by the landlord. These improvements will be prioritized using the criteria of: 1. DFS and local inspection results I 2. Cost 3. Cosmetics 4. Future Plans. After such improvements, tenant shall, at its own expense and at all times, maintain the Leased Premises in good and safe condition, including, but not limited to, plate glass, electrical wiring, plumbing and heating installations, sidewalks, driveways, lawns and shrubbery, and irrigation systems and any other system or equipment upon the Leased Premises, and shall surrender the same, at termination hereof, in as good a condition as received after improvements, normal wear and tear excepted. Tenant shall be responsible for all repairs required, excepting the roof, exterior walls, and structural foundations, which shall be maintained by the Landlord. Landlord shall not be responsible for making any repairs which may have been occasioned or necessitated by the negligence of the Tenant, its agents, employees, or its patients. All painting which Tenant deems necessary shall be the responsibility of the Tenant; provided however, that any such painting, other than the painting of minor scratches or blemishes, shall by performed by a professional painter who has proof of insurance as required by Article 25, and any such paint shall match the existing paint in both color and type. Landlord shall make all improvements, replacements, or repairs in its opinion necessary to correct structural faults or defects in the building and shall have the right to enter the premises at reasonable hours to make inspection and to make such improvements, replacements or repairs. 4. BUILDING CONTENTS Tenant and landlord acknowledge that the building may be in need of additional equipment and agree to tour the building within the first 30 days of commencement of this lease 12 to identify areas that need improvement, repair, or replacement by landlord. These improvements will be prioritized using the criteria of: 1. DFS and local inspection results 2. Cost 3. Cosmetics 4. Future plans. After such improvements tenant shall, at its own expense and at all times, maintain beds, tables, chairs, office furniture, linens, kitchen supplies and other related items and shall surrender the same, at termination hereof, in as good condition as received after improvements, normal wear and tear excepted. Tenant will replace, at its own expense, said items as needed with equal or higher valued items. Replacement items will become the property of the Landlord at the time of replacement. 5. ADDITIONAL BEDS Tenant agrees that, should Landlord construct any additional nursing home beds on the demised property, such beds, when certified by the State of North Carolina, shall be covered by and included in this lease; provided however, that in the event of such additional beds, the monthly rental payment will increase in an amount equal to the following: the then current per bed rate times the number of additional beds. 6. TRANSFER OF BEDS Landlord, at his sole discretion, shall be free to transfer beds to or away from the demised property thereby changing the number of available beds at this facility. So long as Landlord gives tenant 90 days written notice. 5 Landlord, at his sole discretion, shall be free to add to or take away from the demised property assisted living or any other type beds thereby changing the number of available beds at this facility. 7. LICENSING The Tenant will maintain and operate the Leased Premises so that said facilities will qualify for all necessary licenses under the State Board of Health and/or The North Carolina Department of Health and Human Services for a nursing home and the Tenant shall maintain the buildings, grounds, and equipment in such a manner that the Tenant may qualify for any such licenses under the State Board of Health and/or the North Carolina Department of Health and Human Services. Further, Tenant shall comply with all statutes, ordinances and requirements of all municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to the Leased Premises, occasioned by or affecting the use thereof by Tenant. The Landlord will make every reasonable attempt to perform its stated maintenance responsibilities so that said facilities will continue to qualify for all necessary licenses under the State Board of Health and/or The North Carolina Department of Health and Human Services for a nursing home. The Landlord will respond on a high priority basis to concerns expressed by a licensing authority arising out of Landlord's failure to perform its obligations under this agreement as shall Tenant to its responsibilities and obligations. In the event Tenant receives notification of any kind of non-compliance or concern or complaints about the operation of the facility from any governmental, administrative, or licensing agency, Tenant shall within 48 hours provide Landlord with notice thereof along with Tenant's response thereto and plan of action to handle/cure said mattcrs. 0 S. UTILITIES The Tenant shall be responsible for all applications and connections for necessary utility services on the Leased Premises and all such applications and connections shall be made in the name of the Tenant only, and the Tenant shall be solely liable for all utility expenses including, but not limited to, lights, water, heat, gas, electricity, telephone services and sewer charges as they become due. 9. ASSIGNABILITY This lease shall not be assigned or the Leased Premises sublet by the Tenant without the prior written consent of the Landlord. In the event of any assignment as herein permitted, the assignee shall be bound by all of the covenants, agreements and provisions herein contained and the party named as Tenant herein shall continue and remain bound for the fulfillment and performance of the terms, covenants, agreements and provisions herein contained to be kept and performed after the date of such assignment. All the covenants herein contained shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of the parties hereto. 10. NON COMPETE Tenant shall not own or operate any other nursing home type facilities inside of a 15 mile radius without written permission of landlord during the life of this lease or for a period of 5 months after termination of this lease. 11. DESTRUCTION OR DAMAGE In the event the Leased Premises are damaged by fire or other casualty to such an extent that in the sole judgment of Landlord it is not economically desirable to restore or repair said Leased Premises, this lease shall thereupon terminate. Landlord agrees to notify Tenant of its intention to restore, or not to restore, within thirty (30) days of such damage by fire or casualty. 7 In the event that, following any damage to said Leased Premises by fire or other casualty, Landlord elects to restore or repair said Leased Premises, and such restoration or repair can be completed within one hundred and eighty (180) days following the damage requiring such restoration or repair, the parties hereto agree that said Leased Premises shall forthwith be repaired and restored by Landlord to the approximate condition of the Leased Premises existing before said fire or other casualty and this lease shall remain in full force and effect; provided, however, that the rent during the period of such repair shall be reduced to an amount which bears the same ratio to the rent provided for herein as the portion of the Leased Premises then available for use bears to the entire Leased Premises, and upon completion of such repair the rent shall thereafter be paid by Tenant at the same rate as though there had been no fire or other casualty. 12. INDEMNIFICATION Landlord shall not be liable for injury or loss to the person or property of Tenant, or persons claiming through Tenant, in or about the Leased Premises, unless caused by the negligence of Landlord or its agents. Tenant agrees to indemnify and save harmless the Landlord, its agents, servants, and employees, from any and all claims by, or on behalf of, any person, firm or corporation arising by reason of injury to person or property occurring on the Leased Premises, when such injury is occasioned in all or in part by any act or omission on the part of the Tenant or an employee (whether or not acting within the scope of employment), agent, visitor or assignee, or by reason of any unlawful use of the premises or any breach, violation or nonperformance of any covenant in this lease on the part of the Tenant. 13. ENTRY AND INSPECTION Landlord shall have the right to enter the Leased Premises at all reasonable times for the purpose of inspection, maintenance, or other reasonable purposes. Tenant will also permit Landlord at any time within sixty (60) days prior to the expiration of this lease to place upon the Leased Premises any usual "For Lease" signs, and permit persons desiring to lease the same to inspect the Leased Premises hereafter. 14. HOLDING OVER If the Tenant should continue to occupy the Leased Premises after the expiration of the term herein provided and any extension or renewal thereof, without any agreement in writing with the Landlord as to the term of such continued possession, then such additional tenancy shall be on a month to month basis under the same terms and conditions as existed immediately prior to such holding over. In case of such continued possession, the month to month tenancy created thereby may be terminated and canceled by the Landlord or by the Tenant by giving sixty (60) days written notice to the other party. 15. WAIVER No waiver by Landlord of any provision hereof shall be deemed to have been made unless such waiver be in writing and signed by Landlord. The failure of Landlord to insist in any one or more instances upon the strict performance of any of the covenants or conditions of this lease, or to exercise any option herein conferred, shall not be construed as waiving or relinquishing for the future any such covenants, conditions or option, but the same shall continue and remain in full force and effect. Oj 16. TENANT ALTERATIONS OR IMPROVEMENTS Tenant may make at its own expense and with prior written approval of the Landlord, and DFS if necessary, such alterations or improvements in or on the Leased Premises as Tenant may deem necessary or desirable provided that Tenant shall hold Landlord harmless from any liens arising therefrom. All such improvements and alterations made upon the Leased Premises by the Tenant shall at the option of Landlord become the property of the Landlord. 17. QUIET ENJOYMENT The Landlord hereby covenants and agrees that the Tenant, upon performing the covenants, agreements, stipulations and conditions hereof, shall peacefully and quietly enjoy the Leased Premises for the term hereinabove provided. 18. CONDEMNATION If at any time during the term of this lease the whole or any part of the Leased Premises shall be taken by any lawful power or authority by the exercise of the right of condemnation or eminent domain, the Landlord shall be entitled to and shall receive any and all awards that may be made in any such proceeding and no part of any such award shall belong to the Tenant. If such proceedings shall result in the taking of the whole of the Leased Premises, or such portion thereof as will make the remaining portion of the Leased Premises unsuitable for the pur- poses herein leased, then in either of such events, this lease shall cease from the time when possession is taken by such public authority and the rental shall be accounted for between the Landlord and the Tenant as of the date of surrender of possession. If the portion of the Leased Premises taken by condemnation does not make the remaining portion of the Leased Premises unsuitable for the purposes herein leased, this lease shall terminate only as to the portion of the Leased Premises so taken, and this lease shall continue for the balance 10 of its term as to the part of the Leased Premises remaining, but the rent to be paid by the Tenant after such taking for the remaining part of the Leased Premises shall be subject to an equitable reduction. If the portion of the Leased Premises taken by condemnation does not make the remaining portion of the Leased Premises unsuitable for the purposes herein leased, the Landlord shall, with reasonable dispatch, repair any damage to the remaining portion of the Leased Premises caused by such condemnation, but the Landlord shall not be obligated to expend thereon more than the sum allowed to the Landlord in such condemnation proceeding for damage to the Leased Premises, less all expenses incurred by the Landlord in such proceeding. 19. REPOSSESSION The Tenant covenants and agrees that if. (i) default shall be made in the payment of any rent and if such default shall continue for 10 days after receipt by Tenant of written notice thereof from the Landlord; or (ii) default shall be made in the performance of any other agreement, covenant or stipulation herein contained to be performed by the Tenant, and if such default shall neither be cured, nor begun to be corrected, within 30 days after receipt by Tenant of written notice thereof from the Landlord, then and in either of such events it shall be lawful for the Landlord, at any time thereafter, without waiving any right against the Tenant, to enter upon and repossess the Leased Premises without 11 prejudice to any rights or remedies to which the Landlord may be entitled by law against the Tenant; provided, however, that such default and repossession shall not terminate this lease or release the Tenant from liability hereunder unless the Landlord elects to declare this lease terminated by such default as hereinafter provided. In case of such re-entry and repossession, the Landlord may lease or relet said Leased Premises to any other tenant or tenants who may be satisfactory to the Landlord and for such term or terms and for such rent as the Landlord may deem advisable and, if the amount of the rent is less than Tenant's rent, Tenant shall immediately pay the difference on demand to Landlord, but if in excess of Tenant's rent, the entire amount shall belong to Landlord free of any claim of Tenant thereto. All expenses of Landlord in repairing, restoring or altering the Leased Premises for reletting, together with leasing fees and all other expenses in seeking and obtaining a new tenant, shall be charged to and a liability of Tenant. Landlord's reasonable attorneys fees in pursuing any of the foregoing remedies, or in collecting any rents due by Tenant hereunder, shall be paid by Tenant, which fees as to rents collected shall be the actual cost incurred not to exceed 50% of the amount of such rents. In the event such default occurs and the Landlord elects to repossess said premises and hold the Tenant bound hereunder, the Landlord agrees to undertake to lease or relet said premises to the best advantage and for the highest rent reasonably available. 20. TERMINATION The Tenant covenants and agrees that if default shall be made in the payment of any monthly installment of rent or in the performance by the Tenant of any agreement, covenant or stipulation herein contained to be performed by the Tenant, and if such default or nonperformance shall continue for a period of time such as would entitle the Landlord to repossess the Leased Premises under Article 19, above, then and in any of such events it shall be lawful for the Landlord, 12 at the option of the Landlord, to declare this lease and all rights hereunder terminated and to recover possession of said Leased Premises. Tenant further covenants and agrees that, if this Lease is terminated pursuant to Articles 19, 20 or 23, then Tenant will execute the "Assignment and Assumption Agreement (Medicare and Medicaid Provider Agreements and Facility Name)" attached hereto as Exhibit B and all other necessary documents to transfer any provider numbers, provider agreements, or any other local, state, or federal licenses, certificates, or agreements of any kind to the person or entity as directed by Landlord. 21. NOTICE OF DEFAULT OR NONPERFORMANCE It is covenanted and agreed that, before the Landlord shall be entitled or have the right to repossess said Leased Premises as set forth in the Article entitled "REPOSSESSION" herein, or to terminate this lease as set forth in the article entitled "TERMINATION" herein, on account of default in the payment of any installment of rent or on account of the nonperformance of any covenant, agreement or stipulation on the part of the Tenant, the said Landlord shall notify the Tenant in writing of such default or nonperformance, and the Tenant shall have ten (10) days after receipt of such notice by the Landlord in which to pay any past due and unpaid rent and attendant late fees and thirty (30) days after receipt to perform such other covenants or stipulations as the Tenant may have omitted or neglected to perform; and if the Tenant shall pay such rent and attendant late fees and perform such covenants and stipulation within the permitted period from the date of receipt of such written notice, then the Tenant's delay or neglect or default in paying such rent or performing such covenant or stipulation shall in no manner affect this lease, and this lease shall remain in full force and effect as though no such default or nonperformance of any covenant or stipulation had occurred. 13 All notices, consents and approvals required or authorized by this lease to be given by or on behalf of either party to the other shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given, and shall be deemed received (i) when delivered by hand to the designated office or (ii) three days after a registered or certified letter, properly addressed, postage prepaid, is deposited in any United States Post Office. Any notice required to be given to the Tenant under the terms hereof shall be served in person or by Registered or Certified Mail to the Tenant at the offices of the Tenant at the Leased Premises, or at such other address as the Tenant may in writing designate to the Landlord, or such notice may be served upon the Tenant by any lawful process officer. Any notice required to be given to the Landlord under the terms hereof shall be served in person or by Registered or Certified Mail to the Landlord at the office of the Landlord at 1973 Farrell Road, Sanford, North Carolina, 27330 or at such other address as the Landlord may in writing designate to the Tenant, or such notice may be served upon the Landlord by any lawful process officer. 22. INCREASES IN INTEREST In the event there is any increase, during any year over the term of this lease, in the interest rate of the loan to fund the development of the Leased Premises over and above the rate initially acquired with the loan, Tenant shall pay to Landlord, upon presentation of bank loan statements, an amount equal to 50% of the increase in loan payment. (Example: The monthly payment on a $1,000,000 / 7% / 20 year loan = $7752,99. If the interest rate rose by .25 the new payment would be $7903.76 for an increase of $150.77. Tenant would be responsible for $75.38 per month. This amount can be paid as part of the lease payment or as a totally separate 14 payment.) Landlord agrees to use any reasonable means to keep this interest rate as low as possible. 23. TERMINATION BY BANKRUPTCY It is further agreed between the Landlord and the Tenant that if the Tenant shall be declared insolvent or adjudicated a bankrupt, or if the Tenant shall make an assignment for the benefit of creditors or otherwise, or if a trustee in bankruptcy or a receiver be appointed for said Tenant, whether under the operation of the Federal law or of the State law, then and in any of said events the Landlord, without prejudice to any of the other rights of the Landlord hereunder, shall have the right at the option of the Landlord, immediately and without notice to the Tenant or any assignee, transferee, receiver, trustee or any other person or persons, to terminate this lease and immediately take possession of the Leased Premises. 24. SUBORDINATION — ATTORNMENT Tenant agrees that this lease will either be subordinate or superior to any mortgage heretofore or hereafter executed by Landlord covering the Leased Premises, depending on the requirements of such mortgagee. Tenant on request will execute such agreement making this lease superior or subordinate as Landlord's mortgagee may request, and will agree to attorn to said mortgagee providing the mortgagee agrees not to disturb Tenant's possession hereunder so long as Tenant is in compliance with this lease. Further, Tenant agrees to execute within 10 business days of request therefore, and as often as requested, estoppel certificates setting forth the facts with respect to date of occupancy, termination date of this lease, the amount of rent due and date to which rent is paid, whether or not it has any defense or offsets to the enforcement of the lease or knowledge of any default or breach by Landlord, and that this lease is in full force and effect except 15 as to any modifications or amendments, copies of which Tenant shall attach to such estoppel certificate. 25. INSURANCE Tenant, at its own expense, shall maintain fire and extended coverage insurance on the building and its contents for not less than the appraised value of the building and its contents, naming the landlord as the insured, and in the event of any loss of such articles by fire or other causes, recovery shall be obtained by and be the property of the Landlord. Tenant shall at all times during the term of this Agreement maintain general liability, personal injury and property damage insurance naming both Landlord and Tenant as named co- insured and providing coverage and coverage limits reasonably satisfactory to Landlord, except that the limits of liability shall not be less than $1 million per Ioss or occurrence. Tenant shall cause all contractors and subcontractors performing work on its behalf on the Leased Premises to maintain workers' compensation and public liability insurance providing such coverages and limits of liability as shall be reasonably required from time to time by Landlord. Tenant shall furnish to Landlord a certificate of insurance for each insurance policy required hereunder. Such certificates shall contain a provision for thirty (30) days' prior written notice to both parties of any cancellation or change. 26. ENVIRONMENTAL AND OTHER LEGAL COMPLIANCE A. Tenant's Responsibility. Tenant covenants and agrees that, at all times during Tenant's occupancy and use of the Leased Premises, Tenant shall strictly comply with all applicable statutes, laws, rules, ordinances, orders, directives, permits and regulations, whether now existing or hereafter promulgated (hereinafter collectively referred to as "Laws") of all state, federal, local and other governmental and regulatory authorities, agencies and bodies, including without limitation, Laws which pertain to environmental matters, or which regulate, prohibit, or otherwise have to do 16 with asbestos or other toxic, radioactive or hazardous wastes or materials or the clean-up or removal of damage caused by any of the foregoing. The Tenant shall promptly furnish to Landlord copies of (i) any notice, inquiry or any other communication from any governmental authority received by or known to Tenant which pertains in any way to any violation of any Law with respect to the Leased Premises, and (ii) any written report or any other communication from Tenant to any governmental authority pertaining in any way to any violation of any Law with respect to the Leased Premises that is required to be filed by or is requested of Tenant by any governmental authority. B. Tenant's Liability. Tenant shall hold Landlord free, harmless, and indemnified from all penalties, fines, claims, demands, liabilities, costs, and charges whatsoever which Landlord shall incur, or which Landlord would otherwise incur, by reason of (i) Tenant's failure to comply with the requirements of this Article 26, or (ii) the placement of asbestos or toxic, radioactive or hazardous wastes or materials on the Leased Premises by or on behalf of Tenant (without regard to fault or neglect on the part of Tenant) at any time that Tenant has had possession of any part of the Leased Premises, (such failure or placement being referred to as an "Indemnified Event"). The Tenant's indemnification obligations under the preceding sentence shall extend to and cover, without limitation: (i) the cost of remedying the condition resulting from such Indemnified Event to the extent required to remedy the violation of any Law which resulted from such condition; (ii) the reasonable cost of all appropriate tests and examinations of the Leased Premises to confirm that they have been brought into compliance with all Laws; and (iii) the reasonable fees and expenses of Landlord's attorneys, engineers, and consultants incurred by Landlord in (1) enforcing, and confirming compliance with, this Article 26, and (2) investigating, defending, settling, complying with or otherwise responding to claims and charges arising out of the existence of such materials or 17 wastes on the Leased Premises or Tenant's other noncompliance or alleged non-compliance with the requirements and obligations of this section. For purposes of this Article 26, the term "Leased Premises" shall also include all soil and surface water located upon or downstream from, and all groundwater located under or downstream from, the Leased Premises as otherwise defined in this Agreement. C. Inspections by Landlord. Landlord and its engineers, technicians, and consultants (collectively the "Auditors") may, from time to time as Landlord deems appropriate, conduct periodic tests and examinations ("Audits") of the Leased Premises to confirm and monitor Tenant's compliance with the requirements of this Article 26. Such Audits shall be conducted in such manner as to minimize the interference with Tenant's permitted activities on the Leased Premises. Tenant shall fully cooperate with Landlord and its Auditors in the conduct of such Audits. The cost of such Audits shall be paid by Landlord unless an Audit shall disclose a material and substantial failure of Tenant to comply with this section. Tenant hereby grants to Landlord permission to enter the Leased Premises to carry out the audits and, in this connection, Landlord agrees to the extent possible to give Tenant notice at least 24 hours in advance of the inspection. D. Liability after Termination of Lease. The covenants contained herein shall survive the expiration or termination of this Agreement, and shall continue for so long as Tenant may be subject to any expense, liability, charge, penalty, or obligation against which Tenant has agreed to indemnify the Landlord under Article 26, 27. OPTION TO EXTEND LEASE Unless this lease has been sooner terminated in accordance with the provisions hereof, the Landlord hereby agrees that, subject to the provisions of this Article entitled "OPTION TO EXTEND LEASE," the Tenant shall have the option and privilege of renewing and extending this 18 lease for two (2) additional period of five (5) years (herein referred to as the "renewal period") with the renewal period to be upon the same terms and conditions as provided herein, except that the rental for the renewal period shall be as agreed to by the parities prior to the commencement of the renewal period. This option to extend said lease for said renewal period is made upon the condition, however, that the Tenant notify the Landlord in writing at least one hundred and eighty (180) days prior to the expiration of the original term of this lease of the election of the Tenant to exercise said option, and if the Tenant fails to give such notice to the Landlord on or before the date specified herein, the option contained in this paragraph shall expire and be null and void. 28. TENANT TO HAVE RIGHT OF FIRST REFUSAL TO PURCHASE PROPERTY Tenant, upon paying the rent herein reserved and performing all of the terms, covenants and conditions herein contained on its part to be kept, and provided Tenant is not in default hereunder, shall have a right of first refusal to purchase the Leased Premises. If during the term of this lease the Landlord shall have -a bona fide offer to purchase the Leased Premises, the Landlord shall notify the Tenant in writing of such bona fide offer stating the amount and terms thereof Tenant shall have ten (10) days following the mailing of said written notice within which to notify the Landlord in writing as to whether the Tenant desires to purchase the Leased Premises for the same amount and under the same terns contained in the bona fide offer to purchase. Any failure of the Tenant to respond to the Landlord's notice of the bona fide offer within said ten (10) days shall be conclusively presumed to be an election not to purchase the Leased Premises. If Tenant elects to purchase the Leased Premises, the Landlord shall sell the Leased Premises to Tenant for the same amount and under the same terms contained in the bona fide offer; provided however, the Tenant must pay the amount and comply with the terms contained in the bona fide offer within thirty (30) days of their election to purchase the Leased Premises, TIME BEING OF THE ESSENCE. Failure to do so shall be a [W default under this provision and release the Landlord therefrom to sell the Leased Premises to a third ply. 29. ATTORNEY'S FEES In case suit should be brought for recovery of the Leased Premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including any reasonable attorney's fees. 30. TAXES The Tenant agrees to pay all ad valorem taxes levied against the Leased Premises during the term of this lease. The Tenant agrees to pay all taxes on all fixtures, equipment, merchandise and other personal property, including, but not limited to, all such item placed in said Leased Premises by the Tenant and to provide Landlord with a copy of the personal property listed for tax purposes eech year. 31. MISCELLANEOUS This Agreement contains the entire Agreement between the parties hereto. There are no oral or written understandings, terms or conditions, and neither party has relied upon any representation, expressed or implied, not contained in this Agreement. This Agreement can not be changed, modified or supplemented orally. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns; shall be governed by and construed by the laws of the State of North Carolina; and if any provision of this Agreement be declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties have caused this instrument to be executed on the day and year first above written, all pursuant to authority duly granted. 20 PINE RIDGE HOLDINGS,LLC LANDLORD BY:.- Narne�`*-r Title BY: Name Title SANFORD HEALTHCARE AND REHABILITATION CHRISTOPHER SPRENGER/MIKE DeLOACH TENANT BY: Christopher S engerI President/1 rer BY: Michael DeLoach, Vice President/Secretary ?1