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