WQ0010878_More Information Received_20190222

INITIAL REVIEW
Reviewer Monday, Tessa R
Project Number* WQ0010878
SUBMITTAL DATED: 2/21/2019
Project Contact Information
Rease provide information on the person to be contacted by MB Staff regarding electronic submittal, confirmation of receipt, and other issues.
......................................................................................................................................................................................................................................................................................................................................................................................................
Name * T Monday
Email Address* Phone Number*
[e-mail] 919-707-3660
Project Information
Application Type*
r New
r Renewal
r Annual Report
Permit Type *
r Wastewater Irrigation
r Other Wastewater
r Closed -Loop Recycle
r Single -Family Residence
Wastewater Irrigation
Is a paper copy of the application being submitted?*
r Yes r Nor
N/A
Permit Number*
WQ0010878
Reviewer*
Tessa Monday
Permittee* Blue Ridge Preservation
Facility Name * Blue Ridge WWTP
County* Watauga
r Modification (Major or Minor)
r Additional Information
r Other
r High -Rate Infiltration
r Reclaimed Water
r Residuals
r Other
Please provide comments/notes on your current submittal below.
Kendall,
Please file this. I wanted to test out how the upload process works.
Thanks

Please attach all information required or requested for this submittal to be review here.
Renewal - Add Info Response.pdf 765.9KB
Application Form Engineering Rans, Specifications, Calculations, Etc.)
Far nein and modification permit applications, the paper copy is required to be submitted to the
Division- Be advised, applications will not be considered complete until both the paper and electronic
applications. have been received. The paper copy shall include the follmging:
• Application Form
• All relevant attachments (talcs, soils report, specs, etc_)
• 1 full-size engineering plan set
• 2 11-17" engineering plan sets
• 1 extra set of specifications (in addition to the set of specifications proT,ided in the
attachments)
• Fee (if required)
This shall be mailed to the follovMT address=
By US. Postal Senice:
DRIMon of Water Resources- Non -Discharge Branch
1617 Mail Service Center Raleigh, NC 27699-1617
By Courier/Special Delivery:
DRIMon of Water Resources- Non -Discharge Branch
AZ Nathaniel Thornburg- 9th Floor, Office #942WN
512 N. Salisbury St. Raleigl-4 NC 27504
Far questions or problems contact Tessa Monday at 919.707.3660 or TessaAionday(i�ncdenr.gol or
Soria Graves at 919.7073657 or Sonia Graves(tL�cdenr_gov_
*140 By checking this box I am acknowledging that I have read the above statement and agree
to send these documents as required to one of the address given above.
Signature
Submission Date 2/21/2019

DEAL, MOSELEY & SMITH, LLP
ATTORNEYS AND COUNSELLORS AT LAW
870 WEST KING STREET, SUITE B
BOONE, NORTH CAROLINA 28607
Telephone [phone]
James M. Deal, Jr.
Allen C. Moseley
Claude D. Smith, Jr. *t
Bryan P. Martin
J. Tucker Deal
* Also Licensed in Georgia
t Certified Mediator
February 19, 2019
RECEIVEDINCDECIDWR
FEB 2 IV2019
,.raT"
Non -Discharge
Permitting Unit
Mailing Address:
Post Office Box 311
Boone, North Carolina 28607
Facsimile (828) 2643314
Tessa Monday
Environmental Engineer
NC Division of Water Resources, Department of Environmental Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Application No.: WQ0010878 — Blue Ridge Preservation, Inc. WWTP, Waste Water
Irrigation System, Watauga County
Dear Ms. Monday,
In reference to the above, please be advised that I represent Blue Ridge Preservation, Inc., and
this letter is in response to your letter to Blue Ridge Preservation, Inc. dated January 28, 2019.
The following is in response to items A-E of your letter dated January 28, 2019:
A. We would respectfully request that item A be waived. The subject facility was
constructed by our client's predecessor in title in 1997 as part of the development known
as Heavenly Mountain. The facility has remained at this location since 1997, the
footprints of the storage and treatment structures have not changed, and the facility has
been inspected annually and re -permitted every five years. In 2011, the North Carolina
Division of Water Resources approved an application for Change of Ownership to our
client, Blue Ridge Preservation, Inc. and again inspected and re -permitted the facility.
15A NCAC 02T .0105(d) provides that application packages for renewals shall include
updated site plans "if required as part of the original submittal." Although we are not in
possession of the original application submittal made by Heavenly Mountain, we do not
believe that the original submittal required subsequent updated site plans unless physical

changes were made to the facility or surrounding properties. As stated above, such is not
the case, which can be verified by reviewing the renewal applications over the last 20
years. The only adjacent property owner within 1,000 feet of Blue Ridge Preservation,
Inc.'s property is the Yates property, referenced in (B), below, and the Yates property,
which is unimproved, is not in any way impacted by the facility.
B. We have no knowledge of the location of the boundary line of the Yates property. As
mentioned above, the Yates property is undeveloped and the only legal description for
the Yates property comes from a 1927 deed recorded in Book 141, Page 137, Watauga
County Public Registry. A subsequent deed was recorded in 2006 from Bobbie Yates
and Christine Yates to Rufas G. Yates and Anita Yates, Trustees, in Book of Records
1236, Page 389, Watauga County Public Registry. Note that it contains the same legal
description as was used in the 1927 deed. A copy of the 2006 is attached.
The description in the Yates deed is as follows: "Being Lot No. 15 of the Hoke Farm
located near Boone, North Carolina, sold at auction August 30, 1927, by Homey Bros. of
Asheville, North Carolina. Reference is hereby made to a plat of said land which is on
file in the Office of the Register of Deeds for Watauga County." The only map of record
for the Hoke Farm is a map that was recorded in Plat Book 1, Page 43, Watauga County
Registry. A copy of this map is enclosed. As you can see, the recorded map is more of a
sketch than a survey, and it would make it difficult if not impossible to establish where
the boundaries of the Yates property are. If the GIS map or the tax map are in any way
reliable, we would also point out that Patrick Mitchell, who is with the Winston-Salem
office and who has inspected the facility in recent years, can verify that there are no
apparent lines for the Yates property and that any sewage spills from the facility would
in no way impact the Yates property.
Any requests for a setback waiver from the Yates family would place our client in a very
difficult position. The Yates property is completely surrounded by properties owned by
Blue Ridge Preservation, Inc., and the property is not readily marketable to anyone other
than our client. Recently our client was contacted by the Yates family regarding our
client purchasing the Yates property. The quoted price from the Yates family was well
beyond market value. While Blue Ridge Preservation, Inc. does not have an adverse
relationship at all with the Yates family, we would not want to be in a position of having
to ask for a setback waiver.
C. With regard to Dripfield No. 6, Field 6 has been out of service for 10 years, and there are
no plans to repair it. Thus, Field No. 6 will be removed from the permit.
D. The overdue fees will be or have been paid promptly. Please note that the address listed
on the bills was an address which is not associated with Blue Ridge Preservation, Inc.,
and Blue Ridge Preservation, Inc. never received the invoices.

E. The Backup ORC is Mr. Kevin Vasgaard, SI Certificate No. 1006227, WW Certificate
No. 1004259. This information has been updated with WPCSOCC and the Winston-
Salem office.
I look forward to discussing this further with you upon your receipt of this letter. Thank you for
your cooperation.
Very truly yours,
DEAL, MOSELEY & SMITH, LLP
WI -4— C
Allen C. Moseley, Esq.
ACM/js
Enclosure
Cc: Corey Arbogast, Manager
Blue Ridge Preservation, Inc.
12 Murphy Drive
Nashua, New Hampshire, 03062

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FILEDJoRnn T,- nsand
Register of D&#"o
eeds WRTAUGP COUNTY NC
ay :L1Li t�Ivi�
Deputy
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T14 ' • Real Estate
J139LINA Exc'se TAR0RT'- CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 5 0 0 .0 0
Parcel Identifier No.
By:
Mail/Box
Verified by
County on the
day of
This instrument waseP r ared b Sherrie R. Hodges, 401 East Main Street, Unit 3, Jefferson, NC 28640
P y=� :- ---
Brief description for the
THIS DEED made this day of
GRANTOR
BOBBIE YATES, SINGLE
CHRISTINE YATES, WIDOW
20—, by and between
- --- GRANTEE
Rufus G. Yates and Anita Yates
Trustees of the Gwyn & Anita Yates
Living Trust
P.O. Box 383
West Jefferson, N.C., 28694
20
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 convev unto the Grantee in fee simple, all that certain lot or parcel of land situated in
the City of Township, W ATAU GA County, North Carolina and more
particularly described as follows:
SEE ATTACHMENT'S
The property hereinabove described was acquired by Grantor by instrument recorded in Book _
A map showing the above described property is recorded in Plat Book page
page

�K0765i'"839
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee side.
And the Grantor covenants with the Chantee, 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 whoa>.soever, other than the following exceptions:
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
(Entity Name) -
By:
Title:
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By:
Title:
State of North Carolina - County of ASH H - -
`° 1ION)BOBBIE YATES �/
CHRISTINE YATES
KM
the undersigned Notary Public of the County and State aforesaid, certify that p L' i. e- YLTES
d eID-Y4 1r C _ _-- — -- personally appeared before me this day and acknowledged the due
execution of the foregoing instarrrnent for the purposes therein a Witness my hand and Notarial stamp or seal this day
Of QLD '20,0') -
my
24 ?- oO
My Commission Expires:-
°od�t Notary Publi
State of North Carolina - County of
i, the undersigned Notary Public of the County and State aforesaid, certify that personally
carne before = this day and acknowledged that he is the of
a North Carolina or _ corporationMinited liabilitycongmylgeneral parMershi tedparftnth p (sttdce throughthe
inapplicable), and that by authority duly given and as the act of such entity, he signed the foregoing mstruinent in its name on its
behalf as its act and deed. Witness my hand and Notarial stamp or seal, ibis day of -)20—.
My Commission Expires;
Notary Public
State of North. Carolina - County of — -- - - -
I, the undersigned Notary Public of the County and State aforesaid, that
Witness my hand and Notarial stamp or seal, this day of , 20_.
My Corrmrission Expires:
NORTH CAROLINA WATAUGA COUNTY Notary Public
TlufioregoingCcrtiificate(s)of Dayne Hod8es, Notary Public, Ase County, _ _ ishu
certified to be correct. This instrument and this certificate ace duly registered at the date and time and in the Book and Page shown onthe
first page hereof.
_ Wanda C. S •ott Register of Deeds for _ Wata a county
By: Deputy Register of Deeds

ATTACHMENT "A"
28k101236 P� 381
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BEGINNING on a double chestnut at J. P. Cook's corner, N. 30 poles to a hickory stump,
J. P. Cook's corner, thence E 46 poles, with. said Cook's line to a chestnut, thence S 121/2
poles to a maple, thence S 25 W 36 poles to a sourwood, thence S 54 W 20 poles to a
stake on the Lane side of the road, thence South 76 W 28 poles to a chestnut oak, thence
S 8 poles to a stake in the Hampton line, thence West with said line 28 poles to a
sourwood, thence N 50 poles to a small hickory in J. P. Cook's line, thence with said line
to BEGINNING, containing 28 acres and 73 poles, more or less_
And being the same property as described in and conveyed by that certain deed from W.
L. Wilson and wife, Martha Z. Wilson, to C. M. Yates, dated .Tune 18, 1926, and of
record in Book 257, Page 154, of the Watauga County Registry_
The Attorney preparing this Deed does not certify title to the Grantor or to the Grantee.
The attorney preparing this Deed did not handle the closing of this transaction.

}7 � Z) "U 8 41
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ATTACHMENT "A"
BEING Lot No. 15 of the Hoke Farm located near Bamboo, North Carolina, sold at
auction August 30, 1927, by Homey Bros., of Asheville, North Carolina. Reference is
hereby made to a plat of said land, which is on file in the Office of the Register of Deeds
for Watauga County
And being the same property as described in and conveyed by that certain Deed from J.
C. Rambo, et. al., to C. M. Yates, dated November 18, 1927, and of record in Book 141,
Page 137, of the Watauga County Registry.
The Attorney preparing this Deed does not certify title to the Grantor or to the Grantee.
The Attorney preparing this Deed did not handle the closing of this transaction

1785�'�842
20061114000173280 DEED
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ATTACHMENT "A"
It a 't in A -V%4-
BEGINNING on a spruce pine on a rock, R. L. Maltba's corner, thence South 63 East 13
poles to a maple, R. L. Maltba's comer, thence North 45 East with J. L. Winkler's line
about 45 poles to a spruce pine, J. G. Vannoy's corner; thence runs a westward direction
with Vannoy's line about 80 poles to a stake, J. M. Hodges corner; thence South with
Hodges line 72 poles to the BEGE,41 NG, containing 1€1 acres, more or less.
And being the same property as described in and conveyed by that certain Deed of record
from Myrtle Brewer, Widow, to Conrad Yates and wife, Georgia A. Yates, dated June 26
1958, and of record in Book 78, Page 548, of the Watauga County Registry.
The Attorney preparing this Deed does not certify title to the Grantor or to the Grantee.
The Attorney preparing this Deed did not handle the closing of this transaction

ATTACHMENT "A"
TRACT ONE:
075510893
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BEGINNING on a hub in the north margin of the right-of-way line of Highway #105 where it
intersects ,with State Road # 1109, and runs theme North 33 deg. 55 min., East 242.84 feet with
the right-of-way line of Highway # 105 to a hub, corner to Conrad Yates; thence North 68 deg. 00
min_ West 7 1. 00 feet to a hub in the East edge of State Road # 1109; thence with the East edge of
State Road # 1109, South 16 deg. 59 min. West 238.52 feet to the point of BEGINNING, all
according to a survey and plat by James A_ Dugger, Registered Surveyor, September 61 1965.
TRACT TWO:
BEGINNING on an iron pin, the North right-of-way line of Highway # 105; corner to Floyd
Ayers and runs thence with the right-of-way line of said Highway South 77 deg. 10 min. West
942.65 feet to a hub, corner to Conrad Yates; thence leaving the Highway, North 34 deg. 25 min.
West 131.00 feet with the line of Yates, crossing a creek to an iron pin on the North bank of said
creek; thence North 70 deg. 46 min. East 200 feet with the line of Ayers to an iron pin, said iron
pin being located beside a 24 foot buckeye; thence South 12 deg. 29 min. East 45.00 feet crossing
the creek to an iron pin; thence with the line of Floyd Ayers the following courses and distances:
North 80 deg. 31 min. East 100.00 feet to a hub; North 82 deg. 14 min. Eat 150.00 feet to a hub;
North 68 deg. 49 min. East 195,00 feet to a hub; North 74 deg. 54 min. East 159.00 feet to a hub;
South 81 deg. 46 min. East 89.00 feet to an iron pin; South 65 deg. 19 min. East 137.00 feet to the
point of BEGINNING, all according to a survey and plat by Tames A. Dugger, Registered
Surveyor; September 6, 1965.
The above described Tract One and Tract Two being the same property as described in and
conveyed by that certain Deed from 4. G. Danner and wife, Addie Danner, to Conrad Yates, and
wife, Georgia A. Yates, dated September 9, 1965, and of record in Book 96, Page 429, of the
Watauga County Registry.
TRACT THREE:
BEGINNING on a stake in Laurel Fork Creek at the mouth of branch mining South 22 deg. West
crossing creek and road 83 YZ feet to a post; thence South 62 deg. East crossing Laurel Fork Road
146 feet to a stake; thence South 72 Yz deg_ East 114 feet to a stake in center of Highway 105;
thence North. 56 deg. East with enter of said highway 290 feet to a stake; thence leaving said
highway North 36 YZ deg. West 180 feet to North bank of Laurel Fork Creek; thence with North
bank of same to the BEGINNING, containing 2 Y4 acres, more or less.
The above-described Tract Three being the same property as described m and conveyed by that
certain deed from Richard Church and wife, Betty Flo Danner Church, to Conrad Yates and wife,
Georgia A. Yates, dated August 13, 1965, and of record in Book 96, Page 430, of the Watauga
County Registry.
The Attorney preparing this Deed does not certify title to the Grantor or Grantee.
The Attorney preparing this Deed did not handle the closing of this transaction.

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