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HomeMy WebLinkAboutNC0023299_Owner (Name Change)_20121024NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 24, 2012 Mr. Andrew Luter YES WL Utilities EXP, LLC 2401 15th St / Ste 350 Denver, CO 80202 Subject: Modification of NPDES Permit NC0023299 Woodlake WWTP Guilford County Dear Mr. Luter: The Division has reviewed the Ownership request you submitted in August 2012. The Division has no objection to your request. This modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This modified permit includes the following changes from your current permit: > The owner name has been changed on the Permit Cover page and Supplement to Permit Cover Page. > Part I A. (3) has been deleted, as the requirement was met by the previous owner. If any parts, measurement frequencies or sampling requirements contained in this modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must 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 (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. This permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charles.weaver@ncdenr.gov]. Siierely, harles Wakild, P.E. cc: Central Files Winston-Salem Regional Office / Mike Mickey NPDES Unit “,,cf 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6495 / Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Nne orthCarolina JVatural/y Permit NC0023299 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions 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, YES WL Utilities EXP, LLC is hereby authorized to discharge wastewater from a facility located at the Woodlake WWTP 5418 Country Club Road Guilford County to receiving waters designated as an unnamed tributary to Polecat Creek in subbasin 03-06-09 of the Cape Fear River Basin in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective October 24, 2012. This permit and authorization to discharge shall expire at midnight on September 30, 2016. Signed this day October 24, 2012 rCharles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0023299 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. YES WL Utilities EXP, LLC is hereby authorized to: 1. Continue to operate an existing 0.07 MGD wastewater treatment facility with the following components: • Influent pump station • Barscreen • Aeration tanks • Clarification tanks • Aerated sludge holding tank • Tablet chlorine disinfection • Tablet dechlorination This facility is located at the Woodlake WWTP (5418 Country Club Road south of Greensboro) in Guilford County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Polecat Creek, currently classified WS-III waters in hydrologic unit 03030003 of the Cape Fear River Basin. Latitude: 35°58' 12" Longitude: 79°47'43" USGS Quad: Pleasant Garden, N.C. Stream Class: WS-III Subbasin: 03-06-09 Receiving Stream: UT Polecat Creek River Basin: Cape Fear Hydrologic Unit: 03030003 NC0023299 ARCML06, LLC WoodLake WWTP Facility Location with, Map not to scale Permit NC0023299 A. (1) EFFLUENT LIMITS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: PARAMETER Parameter Description — (PCS Code) EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly ' Average Daily Maximum Unit of Measure Measurement Frequency ' Sample Type. Sample Location1 Flow (50050) 0.07 MGD Continuous Recorder Influent or Effluent BOD, 5-Day (20 Deg. C) (April 1 -October 31) (C0310) 5.0 7.5 mg/L Weekly Composite Effluent BOD, 5-Day (20 Deg. C) November 1 - March 31 (C0310) 10.0 15.0 mg/L Weekly Composite Effluent Total Suspended Solids (C0530) 30.0 45.0 mg/L Weekly Composite Effluent Ammonia Nitrogen (as N) (November 1 - March 31) (C0610) 4.0 20.0 mg/L Weekly Composite Effluent Ammonia Nitrogen (as N) (April 1 - October 31) (C0610) 2.0 10.0 mg/L Weekly Composite Effluent Fecal Coliform (geometric mean) (31616) 200 400 #/100ml Weekly Grab Effluent Total Residual Chlorine (TRC)2 (50060) 17 pg/L 2 / week Grab Effluent Temperature, °Centigrade (00010) deg. C Weekly Grab Effluent Dissolved Oxygen (00300) Daily average > 6.0 mg/L Weekly Grab Effluent Total Phosphorus (as P) (C0665) mg/L Quarterly Composite Effluent Total Nitrogen (as N) (C0600) mg/L Quarterly Composite Effluent pH (00400) > 6.0 and < 9.0 standard units Weekly Grab Effluent Temperature, °Centigrade (00010) deg. C Weekly Grab U & D Dissolved Oxygen (00300) mg/L Weekly Grab U & D Footnotes: 1. U: at least 50 feet upstream from the outfall. D: at least 100 feet downstream from the outfall. 2. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2) NUTRIENT RE -OPENER Pursuant to N.C. General Statutes Section 143-215.1 and the implementing rules found in the North Carolina Administrative Code at 15A NCAC 2H.0112 (b) (1) and 2H.0114 (a) and Part II sections B-12 and B-13 of this permit, the Director may reopen this permit to require supplemental nutrient monitoring of the discharge. The purpose of the additional monitoring will be to support water quality modeling efforts within the Cape Fear River Basin and shall be consistent with a monitoring plan developed jointly by the Division and affected stakeholders. In addition, the results of water quality modeling may require that limits for Total Nitrogen and Total Phosphorus be imposed in this permit upon renewal. Beverly Eaves Perdue. Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Charles Wakild, P.E., Director Division of Water Quality tNG' PO Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage 010 2 3 2 9 9 II. Permit status prior to status change. a. Permit issued to (company name): b. Person legally responsible for permit: Orrin ARCML06, LLC Shifrin First MI Secretary Last Title 4643 South Ulster Street Suite 400 Permit Holder Mailing Address Denver CO 80237 City State Zip (312) 383-7534 (312) 575-0162 Phone Fax c. Facility name (discharge): Woodlake Wastewater Treatment Plant d. Facility address: 261 E. Sheraton Park Rd. e. Facility contact person: Greensboro Address NC 27406 City State Zip ( ) First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): YES WL Utilities EXP, LLC c. Person legally responsible for permit: Andrew Luter First MI Last Authorized Person Title 2401 15th Street, Suite 350 Permit Holder Mailing Address Denver CO 80202 City State Zip (303) 468-0521 aluter@yescommunities.com Phone E-mail Address d. Facility name (discharge): Woodlake Wastewater Treatment Plant e. Facility address: 261 E. Sheraton Park Rd. f. Facility contact person: Greensboro Address NC 27406 City State Zip First MI Last Revised 5/2012 Phone E-mail Address PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: V. VI. First MI Last Title Mailing Address City State Zip Phone E-mail Address Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? Yes ❑ No (please explain) Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PEITTEE CERTIFICATION (Permit holder prior to ownership change): .Soy to #z. -+c' n , 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 is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION , 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 is not included, this application package will be returned as incomplete. Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 5/2012 Book 7378 Page 1019 111111111111111111111 2012046932 GUILFORD CO, NC FEE $26.00 STATE OF NC REAL ESTATE EXTX $9172.00 PRESENTED RECORDED: 08-07-2012 11:23:07 AM JEFF L THIGPEN REST [k DEEDS BY: MARY MORGAN DEPUTY -HP BK: R 7378 PG: 1019-1023 Instrument prepared by: W 4 crt4' eft, - Locke Lord LLP 111 S. Wacker Drive Chicago, Illinois 60606 Attn: Gina Gainal Hold/Mail after recording: First American Title Insurance Company National Commercial Services 201 S. College Street, Suite 1500, Charlotte, NC 28244 Property Primary Residence of Grantor(s)? N (NC Gen. Stat. § 105-317.2) Excise Tax $ 91+112 • b !) Tax Lot No.: 0135498 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED (this "Deed") is effective as of the 6111. day of August 2012, by and between ARCML06 LLC, a Delaware limited liability company (the "Grantor"), having an address of 4643 S. Ulster Street, Suite 400, Denver, Colorado 80237; and YES COMPANIES EXP, LLC, a Delaware limited liability company (the "Grantee"), having an address of 2401 15th Street, Suite 350, Denver, Colorado 80202. WITNESSETH: WHEREAS, Grantor is the fee owner of a certain parcel of land located in the City of Greensboro, County of Guilford, and State of North Carolina having a Guilford County PIN of 7860690796 and being more particularly described in Exhibit A attached hereto and incorporated herein by this reference, together with all buildings, improvements and fixtures located thereon and owned by Grantor as of the date hereof and all rights, privileges and appurtenances pertaining thereto including all of Grantor's right, title and interest in and to all rights -of -way, open or proposed streets, alleys,. easements, strips or gores of land adjacent thereto (herein collectively called the "Real Property"); and NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid in hand to Grantor by Grantee, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto Grantee the Real Property in fee simple. ARC/YES Stockbridge Portfolio Special Warranty Deed (Woodlake) CHIT I911943v.2 Book 7378 Page 1020 This conveyance is made by Grantor and accepted by Grantee subject to and with the benefit of all easements, rights, appurtenances, reservations, rights of way, covenants, conditions, restrictions, and encumbrances of record, if any, in so far as the same are now in force and applicable (collectively, the "Permitted Exceptions"). TO HAVE AND TO HOLD the Real Property together with all improvements located thereon all and singular the rights and appurtenances thereto .in anywise belonging, subject to the. Permitted Exceptions, unto Grantee, its legal representatives, successors and assigns, and Grantor does hereby bind itself, its legal representatives, successors and assigns, to WARRANT and FOREVER DEFEND all and singular the Real Property unto the Grantee, its legal representatives, successors and assigns, against Grantor and every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, subject to the Permitted Exceptions. If any term or provision of this Deed or the application thereof to any persons or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Deed or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Deed shall be valid and enforced to the fullest extent permitted by law. REMAINDER OF PAGE INTENTIONALLY BLANK SIGNATURE PAGE FOLLOWS ARC/YES Stockbridge Portfolio Special Warranty Deed (Woodlake) CHI 11911943v.2 Book 7378 Page 1021 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing to be effective as of the day and year first above written. GRANTOR: ARCML06 LLC, a Delaware limited liability company By: STATE OF ILLINOIS ) SS: COUNTY OF COOK Orrin Shifrin, Secretary 1, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Orrin Shifrin, Secretary of ARCML06 LLC, a Delaware limited liability company, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and 'voluntary act, and as the free and voluntary act of said limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal, this 27'h day of July, 2012, fe******44.4••••••••••••• 'OFFICIAL SEAL"4. • MARY E. KLIMASARA o o Notary Public, State of Illinois •o My Commission Expires 11/16/ 14 m Place Notarial Seal Here ARC/YES Stockbridge Portfolio Special Warranty Deed (Woodlake) '\-\-1:14-1141otary Public Book 7378 Page 1022 EXHIBIT A Legal Description of the Land (Woodlake, Guilford County NC) Real property in the City of Greensboro, County of Guilford, State of North Carolina, described as follows: Parcel 1: Lying and being in Fentress TWP, Guilford Co., Pleasant Garden, North Carolina subject property is situated on the North side of East Sheraton Park Road and being described as follows: Beginning at a computed point in the centerline of East Sheraton Park Road a 60' right of way, said point being N 86°22'30" W, 737.48'. from a new "mag" nail set at the centerline intersection with Davis Mill Road thence with the centerline of East Sheraton Park Road N 68°29'00" W, 1212.46' to a computed point, a common corner with and in the line of Stephen Neal Vickrey (DBK 2744, PG. 223); thence 2 lines with Vickrey; 1) N 1°41'56" E, passing a 1/2" existing iron pipe on the North right of way of said road at 30.54', a total of 107.02' to a 1/2" existing iron pipe in tree; 2) N 82°51'24" W, 1215.67' to a new railroad spike set In the North edge of the pavement of said road; thence N 38°41'49" E, 61.83' to a new 1/2" iron pipe set near the East end of a dam, a common corner with Oakwood Mobile Homes,. Inc. (DBK 4619, PG. 1432); thence 18 lines with Oakwood and the East edge of a Lake; 1) N 74°12'22" E, 154.14' to a computed point; 2) N 68°08'07" E, 159.18' to a computed point; 3) S 85°43'41" E, 213.18' to a computed point; 4) N 38°29'13" E, 85.00' to a computed point; 5) N 51°20'20" W 100.00' to•a computed point; 6) N 41°43'02" W, 169.39' to a computed point; 7) N 9°05'33" W, 90.00' to a computed point; 8) N 25°23'36" E, 75.00' to a computed point; 9) N 73°30'19" E, 131.53' to a computed point; 10) N 56°17'51" E, 127.32' to a computed point; 11) N 40°29'59" E, 127.02' to a computed point; 12) N 70°12'39" W, 193.47' to a computed point; 13) N 42°47'02" W, 107.37' to a computed point; 14) N 1°20'15" W, 188.06' to a computed point; 15) N 15°02'25 W, 264.15' to a computed point; 16) N 7°45'50" W, 147.71' to a computed point; 17) N 16°52'34" W, 105.00' to a computed point; 18) N 11°42'02" E, 160.00' to a new 1/2" iron pipe; thence continuing with Oakwood and Greybridge Property Owners (DBK 4527, PG. 747) N 18°46'50" E, 506.33' to a computed point in a marsh, a common corner with Greybridge; thence with Greybridge S 72°09'08" E, passing a new 1/2" iron pipe at 50.00', a total of 214.38' to a 1/2" existing iron pipe, a common corner with Greybridge and Amanda Herbin Heirs (DBK 1482, PG. 373); thence 2.lines with Herbin Heirs; 1) S 72°09'08" E, 549.65' to a new 1/2" iron pipe by a stone; 2) S 53°39'23" E, 409.41' to a 1/2" existing iron pipe, a common corner with Herbin Heirs and Barbara M. Herbin (DBK 2734, PG. 487); thence 3 lines with the Barbara M. Herbin Line; 1) S 46°47'39" E, 466.39' to a 1/2" existing iron pipe; 2) S 49°08'24" E, 314.67' to a 1/2" existing iron pipe; 3) S 46°10'06" E, 406.41' to a nail by a 1/2" existing iron pipe in a duke power right of way and.a common corner with Barbara Herbin and Gary W. Wood (DBK 3493, PG. 941); thence with the line of Wood and George N. Sudderth (DBK 23416, PG. 758) S 4°00'11" W. passing a nail by a existing iron pipe and existing iron rod 0.3' East of line, a common comer with Sudderth at 567.19' and a new 1/2" iron pipe, a common corner with Sudderth at 1261.04' on the North right of way of East Sheraton Park Road, a total of 1291.04' to the point of beginning containing 91.828 acres, more or less. Together with and subject to the Sanitary Sewer and Treatment Facility Easement Agreement recorded in Book 3763, Page 2146, Guilford County Registry. Together with and subject to the Lake Access Easement and License Agreement recorded in Book 3763, Page 2158, Guilford County Registry. SMR1-1:406266052.2 EXHIBIT A peed of Trust (Woodlake, North Carolina) Book 7378 Page 1023 The above described legal is the same as that set forth in that certain deed recorded on August 11, 2010 in Book 7151 Page 145. A correct legal description of Parcel 1 is as follows: PARCEL 1 Lying and being in Fentress TWP, Guilford Co., Pleasant Garden, North Carolina subject property is situated on the North side of East Sheraton Park Road and being described as follows: COMMENCING at a nag nail in the centerline intersection of Davis Mill Road and East Sheraton Park Road and running thence N 86°22'30" W, 737.48' to a point in the centerline of East Sheraton Park Road, the point and place of BEGINNING; thence leaving the Point of Beginning and running with the centerline of East Sheraton Park Road N 86°29'00" W, 1212.46' to a computed point, a common corner with and in the line of Stephen Neal Vickrey (DBK 2744, PG. 223); thence 2 lines with Vickrey; 1) N 1°41'56" E, passing a 1/2" existing iron pipe on the North right of way of said road at 30.54', a total of 107.02' to a 1/2" existing iron pipe in tree; 2) N 82°51'24" W, 1215.67' to a new railroad spike set in the North edge of the pavement of said road; thence N 38°41'49" E, 61.83' to a new 1/2" iron pipe set near the East end of a dam, a common comer with Oakwood Mobile Homes, Inc. (DBK 4619, PG. 1432); thence 18 lines with Oakwood and the East edge of a Lake; 1) N 74°1222" E, 154.14'to a computed point; 2) N 68°08'07"E, 159.18' to a computed point; 3) S 85°43'41" E, 213.18' to a computed point; 4) N 38°29'13" E, 85.00' to a computed point; 5) N 51°20'20" W 100.00'to a computed point; 6) N 41°43'02" W, 169.39'to a computed point; 7) N 9°05'33" W, 90.00' to a computed point; 8) 25°23'36" E, 75.00' to a computed point; 9)-N 73°30'19" E, 131.53'to a computed point; 10) N 56°17'51" E, 127.32'to a computed point; 11) N 40°29'59" E,127.02'to a computed point; 12) N 70°12'39" W, 193.47'to a computed point; 13) N 42°47'02" W, 107.37' to a computed point; 14) N 1°20'15" W, 188.06' to a computed point; 15) N 15°02'25" W, 264.15'toa computed point; 16) N 7°45'50" W, 147.71'toa computed point; 17) N 16°52'34" W, 105.00'to a computed point; 18) N 11°42'02" E, 160.00'to a new 1/2" iron pipe; thence continuing with Oakwood and Greybridge Property Owners (DBK 4527, PG. 747) N 18°46'50" E, 506.33' to a computed point in a marsh, a common comer with Greybridge; thence with Greybridge S 72°09'08" E, passing a new 1/2" iron pipe at 50.00', a total of 214.38' to a 1/2" existing iron pipe, a common corner with Greybridge and Amanda Herbin Heirs (DBK 1482, PG. 373); thence 2 lines with Herbin Heirs; 1) S 72°09'08" E, 549.65' to a new 1/2" iron pipe by a stone; 2) S 53°39'23" E, 409.41'to a 1/2" existing iron pipe, a common comer with Herbin Heirs and Barbara M. Herbin (DBK 2734, PG. .487); thence 3 lines with.the Barbara M. Herbin Line; 1) S 49°47'39" E, 466.39'to a 1/2" existing iron pipe; 2) S 49°0824"'E, 314.67 to a 1/2" existing iron pipe; 3) S 46°10'06" E, 406.41' to a nail by a 1/2" existing iron pipe in a duke power right of way and a common comer with Barbara Herbin and Gary W. Wood (DBK 3493, PG. 941); thence with the line of Wood and George N. Sudderth (DBK 23416, PG. 758)'S 4°00'10" W. passing a nail by a existing iron pipe and existing Iron rod 0.3' East of line, a common corner with Sudderth at 567.19' and a new 1/2" iron pipe, a common corner with Sudderth at 1261.04' on the North right of way of East Sheraton Park Road, a total of 1291.04'to the point of beginning containing 91.828 acres, more or less. Together with and subject to the Sanitary Sewer and Treatment Facility Easement Agreement recorded in Book 3763, Page 2146, Guilford County Registry. Together with and subject to the Lake Access Easement and License Agreement recorded in Book 3763, Page 2158, Guilford County Registry. APN: 0135498 / PIN: 7860690796 SMRH:406266052.2 EXHIBIT A Deed of Trust (Woodiake, North Carolina)