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HomeMy WebLinkAboutNC0032182_Owner name Change_20000505State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director May 5, 2000 Mr. Floyd Garrison Sunset Apartments 378 Burl Harmon Road Sugar Grove. North Carolina 28679 A7A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Modification - Ownership Change Permit NC0032182 Sunset Apartments Watauga County Dear Mr. Garrison: In accordance with your request received March 30. 2000, the Division is forwarding the subject permit modification. This modification documents the change in ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under 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 December 6. 1983. If any parts, measurement frequencies or sampling requirements contained in this permit 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 a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality. the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit. please contact Christie Jackson at the telephone number or address listed below. Sincerely. cc: Central Files Winston-Salem Regional Office, Water Quality Section NPDES Unit Point Source Compliance Enforcement Unit g-N_Lit(--- rr T. Stevens 1617 Mail Service Center. Raleigh, North Carolina 27699-1617 919 733-5083, extension 538 (fax) 919 733-0719 VISIT US ON THE INrERNET @ http:/T2o.enr.state.nc.us/NPDES Christie.Jackson@ncmail.net Permit NC0032182 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 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, Floyd H. Garrison is hereby authorized to discharge wastewater from a facility located at the Sunset Apartments NCSR 1104 Boone Watauga County to receiving waters designated as Brushy Fork Creek in the Watauga 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 May 5, 2000. This permit and authorization to discharge shall expire at midnight on September 30, 2002. Signed this clay May 5, 2000. err T. Stevens, Dire f. r Division of Water Quality By Authority of the Environmental Management Commission Permit NC0032182 SUPPLEMENT TO PERMIT COVER SHEET Floyd H. Garrison, is hereby authorized to: 1. Continue to operate an existing 0.0033 MGD wastewater treatment facility with the following components: • Aeration basin • Clarifier • Chlorine contact chamber The facility is located at the Sunset Apartments on NCSR 1104, Boone in Watauga County. 2. Discharge from said treatment works at the location specified on the attached map into Brushy Fork Creek, classified C waters in the Watauga River Basin. JUL-22-99 10: 6 AM DUNBAR 3362463L63 P. 01 II. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: iC,.. _a. Change in ownership of property/company b. Name change only c. Other (please explain): 2. New owner's name (nam ut on permit): 4--A KC- I SD 3. New owners or signing official's name and titl 4. Mailing RAPARIt State of North Carolina gid- tip► of Nr4 Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director MAR 2 8 2000 Uz i-414 r )4 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NPDES Unit PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NC00 3 / 2 l / / S-Z-- 1. Permit holder's name: �oy Z- 1 u -' b 2. Permit's signing official's name and title: (Per '-galfy responsible for permit) �2 (Title) ���%J /7 3. Mailing address: /%©• 0.X City: 'yYY .FC n( State: /!4 Zip Code: g Cs::7 /.d Phone: (f 2;L; - - �P Fax: ('I' ) Z —F$ E-mail address: �;9---e-)��7'�A ./77 .A6-' \IV _1 i,', ii j ','_ ;I ,h\ __u i W,rui " v PONTDERR - WATER DUALITY ISOURCE BRANCH (Person legal y responsible for permit) y� y��,� (Title) �' t b9 1. address: 37 �vTJ1_r"'� �""''�,%�n— f'C e-mail "cluuI rs3. JUL-22-99 10 27 1..M DUNBAR SSbL463bb5 PERMIT NAME / OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY 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 (such as a contract, deed, articles of incorporation) For changes of ownership, this form must be completed and signed by both the current permit holder and the new owner of the facility. For name change only, the current permit holder must complete and sign the Applicant's Certification. Current Permittee's Certification: I. so y.- c e L4 h 6a attest that this application for name/ow`nership change has beer) 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: Applicant's Certification: c— I load it, U, �v , 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 r d as incomplete. Signatur . Date: 3--ZS Via`' 0 Date: 3 -Q.11-Oo THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DENR / DWQ / NPDES Unit P. O. Box 29535 Raleigh, North Carolina 27626-0535 FILED WANDA C. SCOTT REGISTER OF DEEDS BK0560PG20? J Prepared by: Stephen R. Berndt Attorney at Law 00 MAR 20 PM 12: 24 . I3Y: DEPUTY WATAUGA COUNTY. NC SEWAGE FACILITY MAINTENANCE AGREEMENT DEED OF EASEMENT This AGREEMENT is made this the 17 day of March 2000 between Roscoe R. Dunbar Jr. and wife Joyce R. Dunbar, hereinafter referred to as "Dunbar" and Floyd H. Garrison and wife Charlotte E. Garrison, hereinafter referred to as "Garrison." WHEREAS, Dunbar is the owner of a 0.444 acre tract located in Brushy Fork Township, Watauga County, NC being a portion of the tract described in Book of Records 495 at Page 862 and Book of Records S60 at Page 2 D'/ Watauga County North Carolina Public Registry. WHEREAS, Garrison is the owner of a 0.505 acre tract located in Brushy Fork Township, Watauga County, NC which abuts the Dunbar tract and is the remaining portion of that certain property described in Book of Records 436 at Page 620 and a 0.016 acre tract described in Book of Records S6 U at Page 2 v I Watauga County North Carolina Public Registry. WHEREAS, Garrison reserved an easement for a sewage treatment facility together with a Sewage Treatment and Maintenance Agreement described in Book of Records 495 at Page 862 Watauga County North Carolina Public Registry and Garrison and Dunbar desire to terminate the easements and covenants contained in that certain deed recorded in Book of Records 495 at Page 862 Watauga County North Carolina Public Registry. WHEREAS, there exists a sewage treatment facility located on a 0.026 acre tract on the northern portion of the Garrison 0.505 acre tract as more particularly described in Exhibit A attached hereto and incorporated herein by reference. WHEREAS, the Garrison and Dunbar properties share the use of the sewage treatment facility located on the Garrison property and the parties desire to establish the obligations, responsibilities, and liabilities of the parties in reference to the operation, maintenance, and repair of the sewage treatment facility. WHEREAS, Garrison agrees to convey to Dunbar an easement for sewer lines so that Dunbar may hook up to a municipal sewer in the event municipal sewer becomes available in the future. NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable consideration the receipt of which, sufficiency of which and adequacy of which is hereby acknowledged, the parties agree as follows: SECTION I SEWAGE FACILITY MAINTENANCE 1. Garrison for themselves, theirheirs, successors and assigns and Dunbar for themselves, their heirs, successors and assigns hereby terminate the easements for sewage treatment facility and maintenance obligations created in that certain deed recorded in Book of Records 495 at Page 862 Watauga County North Carolina Public Registry. 2. Garrison is the owner and operator of the sewage treatment facility (including the eight (8) foot border) which is more particularly described in Exhibit A attached hereto. 3. Garrison and Dunbar agree to form a corporation to become the operator of said sewage treatment facility described in Exhibit A. Said corporation shall be jointly owned by Dunbar and Garrison and approved by the State of North Carolina Environmental and Natural Resource Department Division of Water Quality (hereinafter referred to as "Division"). Costs of forming the C:\WPDATA\CLIENT\RE\3152 - Garrison\Sewage Maintenancl: Agreement.wpd EXISTING AC' FOR U.G. FLOYD H. GARRISO ENTERPRISES, INC. B.O.R. 4,16, PC. 631 N vEF!T 9DDITIONAL V, OR ?eiM 40 EBAR(F) OLD BRISTOL ROAD SR-11o4 12.71 ` S 83°56'53 £ 133.22'—_ - _ PK(S) L.P. 4 FELL D P.O.B. 1 I-EIR 12.00' U.G. PROPAhf TANK 3'4'EIP ASEMENT NE TANK 4.9.7, PG. 86Z 3,4'E 0 TRACT D TRACT B 90 80 1"2" E/P I1111I11111 GRAPHIC SCALE — FEET LEGEND Existing Iron Pipe New Iron Pipe F.xistinq Iron Rod 120 1' = 40' • O • EIP NIP EIR PK(S) s 61 PK(S) TRAC 0.479 BOOK OF RECORDS POR770N OF TRACT 1 & A (FLOYD X. GARRISON do C `\\O N11111 ,,,, ESS1pN:.'9 5 SEAL 1' TOTAL TOTAL was mad as are fou was not w; RECEIVED t: Dept. of EHNIB MAR 2 8 2000 M1•,11 r ? .�^ . 'ern Excise Tax S — 0 - ANDA BK0560PG201 R (STFR QF DEEDS 0 i MAR 20 PM 12: 21 8 DE'UTY W• AUGA COUNTY. NC Recordin_ Time, Book and Pa e Tax Lot No. Parcel Identifier No. Verified by by County on the day of , 20 Mail after recording to Stephen R. Berndt, Esq. This instrument was prepared by Stephen R. Berndt Brief Description for the index 0.016 acres NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made March 17, 2000, by and between GRANTOR Roscoe R. Dunbar, Jr., and wife, Joyce R. Dunbar PO Box 924 Jefferson, NC 28640 GRANTEE Floyd H. Garrison and wife, Charlotte E. Garrison 378 Burl Harmon Road Sugar Grove, NC 28679 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of NIA, Brushy Fork Township, Watauga County, North Carolina and more particularly described as follows: Being all of 0.016 acres as more particularly described in Exhibit A attached hereto and incorporated herein by reference. TAX INFORMATION yRECORDED v'/ar_: c�iD C Tax Supervisor N.C. Bar Assoc. Form No. 3 0 1977 Printed by Agreement with the N.C. liar Assoc. /003 BK0560PC202 The property hereinabove described was acquired by Grantor by instrument recorded in Book 495, Page 862 Watauga County North Carolina Public Registry. A map showing the above described property is recorded in Plat Book , Page . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. 2000 ad 'valorem property taxes. 2. Road rights of way and easements of record. 3. General utility easements whether of record or not. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. By. (Corporate Name) President ATTEST: Secretary (Corporate Seal) SEAL -STAMP (SEAL) (SEAL) (SEAL) (SEAL) ""--iit-4.--c Roscoe R. Dunbar, Jr. -ote/ NORTH CAROLINA, Watauga County. I, the undersigned, a Notary Public of the County and State aforesaid, certify that Roscoe R. Dunbar, Jr. and Joyce R. Dunbar Grantor, personally appeared before me this day and acknowledged the execution ofthc foregoing instrument. Witness my hand and official stamp or seal, this 17* day of March, 2000. My commission expires: Z//,e/zce,--0 NORTH CAROLINA, Watauga County. I, the undersigned, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he/she is Secretary of , a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by him/her as its Secretary. Witness my hand and official stamp or seal, this _ day of My commission expires:. Notary Public NORTH CAROLINA WATAUGA COUNTY The foregoing Certificate(s) Stephen R. Berndt. Notary Public, Watauga County. N.C., of is/{certified to be correct. This instrument and this certificate arc duly registered at the date and time and in the Book and Page shown on the first page hereof. Wanda C. Scott REGISTER OF DEEDS FOR Watauga COUNTY By /{//'%'I 1 t DeputylM t-Register of Deeds. N.C. Bar Assoc. Forrn No. 3 0 1977 Printed by Agreement with the N.C. Bar Assoc. S003 BK0560PG203 EXHIBIT A Dunbar to Garrison - .016 A. This is a description of a survey for Floyd H. Garrison, and wife, Charlotte E. Garrison, being a portion of that property belonging to Roscoe R. Dunbar, Jr. and wife, Joyce R. Dunbar, a deed which is recorded at Book of Records 495 at Page 862 in the Watauga County Registry of Deeds, being in Brushy Fork Township, Watauga County, North Carolina, and being more particularily described as follows: BEGINNING on a new 1/2" iron pipe being in the common boundary line of Floyd H. Garrison, a deed which is recorded at Book of Records 436 at Page 620 and with Roscoe R. Dunbar, Jr., a deed which is recorded at Book or Records 495 at Page 862, both being recorded in the Watauga County Registry of Deeds, said POINT OF BEGINNING being located South 69 degrees 15 minutes 24 seconds East 2,311.02 feet from N.C.G.S. "Alexander AZ MK" having a combined factor of 0.9998645 (Applied to P.O.B. tie only), said BEGINNING POINT having the N.C.G.S. Grid Coordinates (NAD 83) North = 913,366.532, East = 1,198,616.501; thence with the common boundary line of Garrison and Dunbar for two calls: North 48 degrees 34 minutes 10 seconds West 23.32 feet to an existing 1/2" iron pipe, North 67 degrees 18 minutes 59 seconds West 13.70 feet to a 1/2" rebar set; thence three new lines: North 67 degrees 52 minutes 36 seconds East 34.79 feet to a 1/2" rebar set, South 21 degrees 34 minutes 23 seconds East 29.90 feet to a new 1/2" iron pipe, South.65 degrees 22 minutes 01 seconds West 14.41 feet to the POINT OF BEGINNING containing 0.016 acres (695 square feet) by coordinates. As surveyed by Western Carolina Surveyors, PA; WILLIAM HUGH MILLER, PLS, this the 17th day of November, 1999, and being Job #B98-155B.