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HomeMy WebLinkAboutNC0043532_Owner (Name Change)_20140306NPDES DOCUMENT ! CANNIN`: COVER :SHEET NPDES Permit: NC0043532 West Stanly / Oakboro WWTP Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Correspondence (Owner Name Change Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: March 6, 2014 This document is printed on reuse paper - ignore any content on the reirerse side ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary March 06, 2014 Donna L. Davis, Utilities Director Stanly County 1000 North First Street, Suite 10 Albemarle, NC 28001 Subject: NPDES Permit Modification- Name and/or Ownership Change Permit Number NC0043532 Stanley County WWTP Stanley County Dear Donna Davis: Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on March 06, 2014. This permit modification documents the change of ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Wastewater Branch at (919) 807-6304. Thomas A. Reader cc: Central Files Mooresville Regional Office NPDES Unit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919.807-64921 Customer Service: 1-877-623-6748 Internet www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer NorthCarolina 7Vaturalli NC0043532 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Stanley County is hereby authorized to discharge wastewater from a facility located at the West Stanley WWTP Off of NCSR 1953 East of Oakboro Stanly County to receiving waters designated as the Rocky River (outfall 002) and Long Creek (outfall 001) in the Yadkin - Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective March 07, 2014. This permit and authorization to discharge shall expire at midnight January 31, 2014. Signed this day March 07, 2014. as A. Reeder, Director 'vision of Water Resources By Authority of the Environmental Management Commission 1 NC0043532 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Stanley County is hereby authorized to: 1. Continue to operate a 0.90 MGD wastewater treatment plant consisting of the following components: • Manual bar screen • Step screen system • Aerated grit chamber • 2 influent pump stations • Instrumented flow measurement • Aeration basin with mechanical aerators • Dual secondary clarifiers • Clarifier splitter box with adjustable weirs • Chlorine contact basin with dechlorination unit • Aerobic sludge digesters with two floating aerators, one floating mixer, a floating decant mechanism, and additional pumps • Aerated sludge holding basin • Dual sludge drying beds • Standby electric generator The facility is located at the Town of Oakboro WWTP, off of NCSR 1953, east of Oakboro, Stanly County. 2. Continue to discharge from said treatment works at the locations specified on the attached map into Rocky River (002) and Long Creek (emergency outfall 001). Both locations are classified C waters in the Yadkin -Pee Dee River Basin. 0 NC0043532 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 002 (Rocky River). Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average. Weekly ` Average - DailyMeasurement `P Maximum ': Frequency :: Sample Type . Sample P Location1 Flow 0.9 MGD Continuous Recording I or E BOD, 5 day, 20°C2 (Summer) 9.0 mg/1 13.5 mg/1 3/ week Composite E, I BOD, 5 day, 20°CZ (Winter) 18.0 mg/L 27.0 mg/L 3/week Composite E, I Total Suspended Solids2 30.0 mg/1 45.0 mg/1 3/week Composite E, I NH3 as N (Summer) 3.0 mg/1 9.0 mg/L 3/ week Composite E NH3 as N (Winter) 6.0 mg/I 18.0 mg/L 3/week Composite E Dissolved Oxygen3 3/week Grab E, U, D pH4 3/week Grab E Fecal Coliform (geometric mean) 200 / 100 nil 400 / 100 ml 3/week Grab E, U, D Total Residual Chlorine 28 µg/L 3/week Grab E Total Nitrogen (NO2 + NO3 + Tom) Quarterly Composite E Total Phosphorus Quarterly Composite E Temperature °C Daily Grab E Temperature °C 3/ week Grab U, D Conductivity 3/ week Grab U, D Chronic Toxicity5 Quarterly Composite E Copper 2/Month Composite E Notes: 1. Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet above the discharge point, D - Downstream below the discharge point at NCSR 1917. Instream monitoring requirements are waived as long as the facility retains membership in the YPDRBA. If membership is cancelled, facility will monitor 3/week during the months of June through September and once per week during the remaining months of the year. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/1. 4. The pH shall not be Less than 6.0 standard units nor greater than 9.0 standard units. 5. Chronic Toxicity (Ceriodaphnia) P/F at 4.6%; January, April, July, and October; See Special Condition A (3) of the Supplement to Effluent Limitations. Summer: April 1- October 31 Winter: November 1- March 31 There shall be no discharge of floating solids or foam visible in other than trace amounts. 0 NC0043532 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from emergency backup outfall serial number 001 (Long Creek) in case of a pump station failure. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT :. CHARACTERISTICS LIMITS MONITORING REQUIREMENTS. Monthly Average Weekly Average =Daily. Maximum Measurement Frequency Sample Type Sample Locat ionl Flow 0.9 MGD Continuous Recording I or E BOD, 5 day, 20°C2 (Summer) 9.0 mg/I 13.5 mg/I 3/week Composite E, I BOD, 5 day, 20°C2 (Winter) 18.0 mg/I 27.0 mg/I 3/week Composite E, I Total Suspended Solids2 30.0 mg/1 45.0 mg/1 3/week Composite E, I NH3 as N (Summer) 2.8 mg/1 8.4 mg/L 3/week Composite E NH3 as N (Winter) 6.0 mg/1 18.0 mg/L 3/week Composite E Dissolved Oxygen3 3/week Grab E, U, D pH4 3/week Grab E Fecal Coliform (geometric mean) 200 / 100 ml 400 / 100 ml 3/week Grab E, U, D Total Residual Chlorine 28 µg/1 3/week Grab E Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E Total Phosphorus Quarterly Composite E Temperature °C Daily Grab E Temperature °C 3/week Grab U, D Conductivity 3/week Grab U, D Chronic Toxicity5 Quarterly Composite E Lead 33.8 µg/1 Weekly Composite E Copper 2/Month Composite E Notes: 1. Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet above the discharge point, D - Downstream 1.7 miles below the discharge point (at the end of or close to NCSR 1659). Instream monitoring requirements are waived as long as the facility retains membership in the YPDRBA. If membership is cancelled, facility will monitor 3/week during the months of June through September and once per week during the remaining months of the year. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/1. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5. Chronic Toxicity (Ceriodaphnia) P/F at 30%; January, April, July, and October; See Special Condition A (4) of the Supplement to Effluent Limitations. Summer: April 1- October 31 Winter: November 1- March 31 There shall be no discharge of floating solids or foam visible in other than trace amounts. NC0043532 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A (3). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) @ Rocky River The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 4.6%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no Iater than the last day of the month following the month of the initial monitoring. NC0043532 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A (4). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) @ Long Creek The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 30%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. County of Stanly 1000 North First Street Suite 10 ALBEMARLE, NORTH CAROLINA 28001 February 18, 2014 NC DENR/DWR/WQ Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: Permit Name/Ownership Change Request To Whom It May Concern: Enclosed please find a permit name/ownership change form request from the County of Stanly. Stanly County will be acquiring the Oakboro (West Stanly) Wastewater Treatment Plant from the Town of Oakboro (see enclosed resolutions) in late March 2014. As part of the closing and acquisition process, Stanly County kinds requests NC DENR transfer the treatment plant's permit to Stanly County in coordination with the County's desired closing date of Friday, March 28, 2014. This will ensure the permit corresponds with actual ownership on the date of acquisition to mitigate any potential legal or liability concerns. Your kind review, coordination and approval are greatly appreciated. If you have questions or would like additional information please let me know. Thank you. Sinc- -ly, Andrew M. Lucas County Manager Z, ancr 7C1,117 /149.e 3 1/4/ *1 County of Stanly 1000 North First Street Suite 10 ALBEMARLE, NORTH CAROLINA 28001 February 11, 2014 Point Source Branch Surface Water Protection Section Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Delegation of Signature Authority Oakboro (West Stanly) Wastewater Treatment Plant NPDES No. NC0043532 To Whom It May Concern: By notice of this letter, I hereby delegate signatory authority to each of the following individuals for all permit applications, discharge monitoring reports, and other information relating to the operations at the Oakboro Wastewater Treatment Plant as required by all applicable federal, state, and local environmental agencies specifically with the requirements for signatory authority as specified in 15A NCAC 2B.0506. Donna L Davis Stanly County Utilities Director If you have any questions regarding this letter, please feel free to contact me at (704) 986-3600. Sincerely, K)4 Tony M. Dennis Chairman, Board of Commissioners Stanly County, North Carolina cc: Mooresville Regional Office, Surface Water Protection Section Technical Assistance and Certification Unit State of North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory, Governor John E. Skvarla III, Secretary Thomas A. Reeder, Director PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT Permit Information: Permit Number(s): i.e. NC0012345 orNCG500123 NC0043532 Permit HoIder's Name: Town of Oakboro Facility Name: Oakboro (West Stanly) Wastewater Treatment Plant II. NEW Owner/Name Information: 1. This request for a name change is a result of: O a. Change in ownership of property/company ❑ b. Name change only O c. Other (please explain): Change in ownership and name of facility 2. New owner's name (name to be put on permit): Stanly County 3. New owner's or signing official's name and title (Person legally responsible for permit): Donna L Davis j� � G�6V&c `i-Vt- _'--_I Name trt , r0. _ 9,1,,, , 0 wx QG)(.6,10 Utilities Director w 'iv-e 4j 14,p-} W( Title vrn. 4. Mailing Address: c Q- A- O (Ante/6 hai► - efrOdi Address: City: Telephone #: Email: 1000 North First Street Suite 10 Albemarle State: NC 704-986-3686 Ce1I #: 704-301-8211 ddavis@stanlycountync.gov Zip: 28001 1617 Mail Servico Center, Raleigh, North Carolina 27699-1617 Telephone (919) 807.6300 FAX (919) 807-6489 An Equal opportunity Affirmative Aclion Employer 50% recycled / 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory, Governor John E. Skvarla III, Secretary Thomas A. Reeder, Director ATIVA NCDENR PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT Permit Information: Permit Number(s): i.e. NC0012345 or NCG500123 NC0043532 Permit Holder's Name: Town of Oakboro Facility Name: Oakboro (West Stanly) Wastewater Treatment Plant II. NEW Owner/Name Information: 1. This request for a name change is a result of: 0 a. Change in ownership of property/company ❑ b. Name change only ❑ c. Other (please explain): Change in ownership and name of facility 2. New owner's name (name to be put on permit): ,5tanly County 3. New owner's or signing official's name and title (Person legally responsible for permit): Mailing Address: Address: City: Telephone #: Email i Lpi_t•!RIEU m FEB 2 4 2014i i Donna L Davis j�.aGA- ch,cv9 `l&- tcv Name ,,-j , rp. - (1 ,t01114 Oak-19640 Title W (Arr P Wao� tit) WI Utilities Director 1000 North First Street Suite 10 Albemarle State: NC Zip: 28001 704-986-3686 Ce1I #: 704-301-8211 ddavis@stanlycountync.gov 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 807-6300 FAX (919) 807-6489 An Equal opportunity Affirmative Aclion Employer 50% recycled / 10% post -consumer paper C State of North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory, Governor John E. Skvarla III, Secretary Thomas A. Reeder, Director ATA NCDENR PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT Permit Information: Permit Number(s): i.e. NC0012345 orNCG500123 NC0043532 Permit Holder's Name: Town of Oakboro Facility Name: Oakboro (West Stanly) Wastewater Treatment Plant II. NEW Owner/Name Information: 1. This request for a name change is a result of: ❑ a. Change in ownership of property/company 0 b. Name change only ❑ c. Other (please explain): Change in ownership and name of facility 2. New owner's name (name to be put on permit): Stanly County 3. New owner's or signing official's name and title (Person legally responsible for permit): Donna L Davis Naine Utilities Director Title 4. Mailing Address: Address: 1000 North First Street Suite 10 City: Albemarle State: NC Zip: 28001 Telephone #: 704-986-3686 Cell #: 704-301-8211 Email: ddavis@stanlycountync.gov 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 807-6300 FAX (919) 807-6489 An Equal Opportunity Affirmative Action Employer 50% recycled 110% post -consumer paper THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (property deed, articles of incorporation, or sales agreement) CERTIFICATION: I, Donna L Davis, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date: February 19, 2014 THIS COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DENR / DWR / WQ Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 mpk / Revised 9/1/13 Extract of Minutes of a meeting of the Board of Commissioners of the County of Stanly, North Carolina held at the Commissioners Meeting Room, Stanly Commons at 7:00 p.m. on January 2.i, 2014. Commissioners Present: Tony M. Dennis, Chairman Lindsey Dunevant, Vice Chairman Peter Asciutto Gene McIntyre Josh Morton, Jr. Commissioners Absent: None Staff Present: Andy Lucas , County Manager Jenny Furr, County Attorney Tyler Brummitt, Clerk Call to Order: The Stanly County Board of Commissioners (the "Board") met in regular session on Tuesday, January 21 , 2014 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons. Chairman Dennis called the meeting to order and Commissioner McIntyre gave the invocation and led the pledge of allegiance. By motion, Commissioner McIntyre introduced the following resolution (the "Resolution"): A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF STANLY, NORTH CAROLINA APPROVING (1) THE ACQUISITION OF CERTAIN SEWER TREATMENT ASSETS AND THE ST. MARTIN ROAD WATER LINE FROM THE TOWN OF OAKBORO AND (2) THE ASSUMPTION OF A LOAN IN CONNECTION WITH SUCH ACQUISITION. WHEREAS, the County of Stanly, North Carolina (the "County") desires to (1) acquire certain sewer treatment assets and the St. Martin Road water line (the "Assets") from the Town of Oakboro (the "Town") and (2) as part of the purchase price for such Assets, assume the indebtedness of the Town evidenced by its $1,000,000 Water and Sewer Revenue Bond, Series 2012 (the "Oakboro Bond"), the proceeds of which were used to make certain improvements to the sewer treatment assets constituting a portion of the Assets. WHEREAS, the form of an Assignment and Assumption Agreement (the "Assumption Agreement"), among the County, the Town and the United States Department of Agriculture, Rural Development Administration (the "RDA"), as the holder of the Oakboro Bond, has been presented to the Board of Commissioners. THEREFORE, BE IT RESOLVED by the Stanly County Board of Commissioners as follows: Section 1. For purposes of this Resolution, the term "USDA Loan" means the Oakboro Bond, currently outstanding in the principal amount of $1,000,000. Section 2. The County hereby approves the acquisition of the Assets from the Town for a total purchase price not to exceed $4,562,500, consisting of a $2,000,000 cash payment upon the transfer of the Assets, a $1,562,500 payment to be made in ten (10) equal annual installments and (iii) the assumption of the USDA Loan. Section 3. The County hereby authorizes the County Manager to negotiate, subject to Section 2 above, such further terms and conditions relating to the purchase and future operation of the Assets with the Town as he may deem to be in the best interests of the County. The County hereby further authorizes the Chairman or Vice Chairman of the Board of Commissioners and the Clerk to the Board of Commissions to execute an asset purchase agreement regarding the purchase of the Assets and related matters (the "Transfer Agreement") with the Town, containing such terms as are satisfactory to the County Manager and in form and substance satisfactory to the County Attorney, with such execution constituting the conclusive approval of the County. Section 4. The County hereby agrees to assume the USDA Loan in the principal amount of $1,000,000 upon consummation of the transfer of the Assets. Section 5. The County hereby agrees to perform and discharge all the duties of the Town with respect to the USDA Loan on the same terms and conditions as the USDA Loan, including but not limited to payment of the liability for principal and interest in the same amount and at the same rate as set for in the Oakboro Bond. Section 6. The County hereby agrees that the revenues derived from the operation of the Assets (the "Pledged Revenues") shall be set aside in a separate fund, separate and apart from all other funds and accounts and revenues of the County, and shall be pledged to secure payment of the principal of and interest on the USDA Loan. Section 7. The County shall not be obligated to pay the principal of or interest on the USDA Loan or the other costs incident to it except from the Pledged Revenues, and neither the faith and credit nor the taxing power of the County shall be pledged to the payment of the principal of or interest on the USDA Loan or other costs incident to it. Section 8. The County hereby approves the form of the Assumption Agreement, which has been submitted to this meeting, and the Chairman or Vice Chairman of the Board of Commissioners and the Clerk to the Board of Commissions are hereby authorized to execute and deliver the Assumption Agreement for and on behalf of the County, with such changes therein, additions thereto and omissions therefrom as the County Manager, the County Attorney or those executing such agreement shall approve, the execution and delivery thereof constituting the conclusive approval of the County of any changes therein, additions thereto or omissions therefrom. Section 9. The Chairman or Vice Chairman of the Board of Commissioners and the Clerk to the Board of Commissioners are hereby authorized to execute all such documents, certificates or other instruments as may be necessary in connection with the acquisition of the Assets and the assumption of the USDA Loan, including but not limited to any documents that may be required by the RDA or the North Carolina Department of Natural Resources. Section 10. All acts and doings of the Chairman or Vice Chairman of the Board of' Commissioners, the County Manager, the County Attorney and the Clerk to the Board of Commissioners of the County that are in conformity with the purposes and intents of this Resolution and in furtherance of the acquisition of the Assets and the assumption of the USDA Loan are in all respects approved and confirmed. Section 11. This Resolution is effective on its adoption. ACCEPTED this the 2klay of January 2014. ATTEST: I aitlita;e- Tyler Prummitt, Clerk to the Board Commissioner McIntyre Tony IV . Dennis, Chairman Stanly County Board of Commissioners moved to approve the resolution as presented and seconded by Commissioner Dunevant . The motion passed by the following vote: AYES: NAYS: Tony M. Dennis, Chairman Lindsey Dunevant, Vice Chairman Peter Asciutto None Gene McIntyre Josh Morton, Jr. Resolution for the Assumption of the USDA Loan Extract of Minutes of a meeting of the Board of Commissioners of the Town of Oakboro, North Carolina held at the Town Hall at 7:00 p.m. on February 17, 2014. Commissioners Present: Rodney Eury, Georgia Harvey, Chris Huneycutt, Ernest Broadway and Mike Efird Commissioners Absent: N/A Staff Present: Town Clerk Taffy Smith, Police Chief Joe Lowder, Officer Chad Greene Ca11 to Order: The Town of Oakboro Board of Commissioners (the "Board") met in regular session on Monday, February 17, 2014 at 7:00 p.m. in the Town Hall Meeting Room. Mayor Burgess called the meeting to order and Commissioner Efird gave the invocation. By motion, Commissioner Chris Huneycutt introduced the following resolution (the "Resolution"): A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE TOWN OF OAKBORO, NORTH CAROLINA APPROVING (1) THE SALE AND DISPOSITION OF CERTAIN SEWER TREATMENT ASSETS AND THE ST. MARTIN ROAD WATER LINE TO THE COUNTY OF STANLY AND (2) THE ASSIGNMENT OF A USDA LOAN IN CONNECTION WITH SUCH SALE AND DISPOSITION. Resolution for the Assumption of the USDA Loan WHEREAS, the Town of Oakboro, North Carolina (the "Town") desires to (1) sell and dispose of certain sewer treatment assets and the St. Martin Road water line (the "Assets") to the County of Stanly (the "County") and (2) as part of the sale and disposition of such Assets, assign the indebtedness of the Town evidenced by its $1,000,000 Water and Sewer Revenue Bond, Series 2012 (the "Oakboro Bond"), the proceeds of which were used to make certain improvements to the sewer treatment assets constituting a portion of the Assets. WHEREAS, the form of an Assignment and Assumption Agreement (the "Assumption Agreement"), among the County, the Town and the United States Department of Agriculture, Rural Development Administration (the "RDA"), as the holder of the Oakboro Bond, has been presented to the Board of Commissioners. THEREFORE, BE IT RESOLVED by the Town of Oakboro Board of Commissioners as follows: Section 1. For purposes of this Resolution, the term "USDA Loan" means the Oakboro Bond, currently outstanding in the principal amount of $1,000,000. Section 2. The Town hereby approves the sale of the Assets to the County for a total purchase price not to exceed $4,562,500, consisting of a $2,000,000 cash payment to the Town upon the transfer of the Assets, a $1,562,500 payment to be made in ten (10) equal annual installments to the Town and (iii) the assumption of the Town's USDA Loan. Section 3. The Town hereby authorizes the Mayor to negotiate, subject to Section 2 above, such further terms and conditions relating to the purchase and future operation of the Assets with the County as he may deem to be in the best interests of the Town. The Town hereby further authorizes the Mayor or Mayor Pro-Tem of the Board of Commissioners and the Clerk to the Board of Commissions to execute an asset purchase agreement regarding the sale of the Assets and related matters (the "Transfer Agreement") with the County, containing such terms as are satisfactory to the Mayor and in form and substance satisfactory to the Town Attorney, with such execution constituting the conclusive approval of the Town. Section 4. The Town hereby agrees to assign the USDA Loan in the principal amount of $1,000,000 upon consummation of the sale and transfer of the Assets. Section 5. The Town hereby agrees to transfer all the duties of the Town with respect to the USDA Loan to the County on the same terms and conditions as the USDA Loan, including but not limited to payment of the liability for principal and interest in the same amount and at the same rate as set forth in the Oakboro Bond. Section 6. The Town hereby approves the form of the Assumption Agreement, which has been submitted to this meeting, and the Mayor or Mayor Pro-Tem of the Town of Oakboro Board of Commissioners and the Clerk to the Board of Commissions are hereby authorized to execute and deliver the Assumption Agreement for and on behalf of the Town, with such changes therein, additions thereto and omissions therefrom as the Mayor, the Town Attorney or those executing such agreement shall approve, the execution and delivery thereof constituting the conclusive approval of the Town of any changes therein, additions thereto or omissions therefrom. Resolution for the Assumption of the USDA Loan Section 7. The Mayor or Mayor Pro-Tem of the Town of Oakboro Board of Commissioners and the Clerk to the Board of Commissioners are hereby authorized to execute all such documents, certificates or other instruments as may be necessary in connection with the sale and disposition of the Assets and the assignment of the USDA Loan, including but not limited to any documents that may be required by the RDA or the North Carolina Department of Natural Resources. Section 8. All acts and doings of the Mayor or Mayor Pro-Tem of the Town Board of Commissioners, the Town. Attorney and the Clerk totheBoard of Commissioners of -the Town that are in conformity with the purposes and intents of this Resolution and in furtherance of the sale and disposition of the Assets and the assignment of the USDA Loan are in all respects approved and confirmed. Section 9. This Resolution is effective on its adoption. ACCEPTED this the 17th day of February 2014. A T: T 1 S '� S lerk to the Board Doug Burge Town of 0 , Mayor boro Board of Commissioners kr/Vf-Z./17' Commissioner Chris Huneycutt moved to approve the resolution as presented and seconded by Commissioner Rodney Eury. The motion passed by the following vote: AYES: 5 NAYS: 0