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United States Environmental Protection Agency Form Approved.
En/� Washington,D.C.20460
I�/`1 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
- --.----Transaction-Code— .NP.DES_ -yr/mo/day-. — ------Inspection-Type ---Inspector- Fac-T_ype--_
1 I u1 2 15I 31 NCG530066 111 121 10/10/21 117 181 r1 19us 20`
L J LJ Remarks 1=I lJ J
2111111111 Jill 111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA —---—------—----------Reserved---------------------
67 I 169 70 U 71' I 72(N( 73 W 74 751 I I I I I Li 80
Section B: Facility Data �--�
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Bragg Trout Farm 12:10 PM 10/10/21 07/08/01
old Wagon Rd Exit Time/Date Permit Expiration Date
Balsam Grove NC 28708 01:00 PM 10/10/21 12/07/31
Name(s)of Onsite Representative(s)/ritles(s)/Phone and Fax Number(s) Other Facility Data
Richard Bragg//828-877-5574 /
Name,Address of Responsible Official/Title/Phone and Fax Number
Richard W Bragg,H C 73 Box 659 Rosman NC 287729618//828-877-5574/ Contacted
yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance E Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes. ARO WQ//828-296-4500/ f
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dat
Roger C Edwards'-Rd!�- ARO WQ//828-296-4500/ f t 3
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES yr/mo/day Inspection Type 1
3I NCG530066 I11 12I 10/10/21 I17 18U
Section D: Summary of LFinding/Comments(Attach additional sheets of narrative and checklists as necessary)
---------Effluent was slightly-turbid-due-t-o-fe--e-ding taking plat at-the time of theinspecfion:-The discharge did not-- ---
appear to be causing visible problems with the receiving stream. If a waste management BMP has not
been submitted, the permittee should do so as soon as possible.
Page# 2
Permit: NGG530066 Owner-Facility: Bragg Trout Farm
Inspection Date: 10/21/2010 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
-----Isthe-plant-generally--clean-with-acceptable-housekeeping? - -- ____ _■-❑ ❑ ❑---- -
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge ❑ ❑ ■ ❑
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ❑ ■ ❑
Is access to the plant site restricted to the general public? ❑ ❑ ■ ❑
Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑
Comment:
Page# 3
�4 1
��._ C I �. COPY
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 31, 2010
Dick Bragg
Post Office Box 659
Rosman NC 28772
SUBJECT: Compliance Sampling Inspection
Bragg Trout Farm
Permit No: NCG530066
Transylvania County
Dear Mr. Bragg:
Enclosed please find a copy of the Compliance Sampling Inspection Report from
,the inspection conducted on August 11, 2010. The Compliance Sampling Inspection was
conducted by Roger Edwards and me of the Asheville Regional Office. The facility was
found to be in Compliance with permit NCG530066.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to contact me at 828-296-
4500.
Sincerely,
Keith Hay es
Environmental Sr. Specialist
Enclosure
CC: Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\General\NCG53 Trout Farms\08-11-10CElletter0066.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCaro/li/na
Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 orthCaQ[`�
Internet:www.ncwaterguality.org
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 NU 2 IsI 31 NCG530066 I11 121 10/08/11 117 181e1 191G1 201
1:1 1=J Remarks tJ U lJ
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---------------------------Reserved---------------------
67 169 70 U 71( I 72 I N I 73I W I 174 751 I I I I I Li
180
Section B: Facility Data '--'
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
01:45 PM 10/08/11 07/08/01
Bragg Trout Farm
Old wagon Rd Exit Time/Date Permit Expiration Date
Balsam Grove NC 28708 03:00 PM 10/08/11 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Richard W Bragg//828-877-5574 /
Name,Address of Responsible Official/Title/Phone and Fax Number
Richard W Bragg,H C 73 Box 659 Rosman NC 287729618//828-877-5574/ Contacted
yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Operations&Maintenance E Facility Site Review 0 Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes 9 ARO WQ//828-296-4500/ 9-30" 10
Roger C Edwards/ ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C-Edwards.. _._ -.__ ARO- WQ//828-296-4500/ _ __ '3 38 20 O
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES yr/mo/day Inspection Type 1
3I NCG530066 Itt 12I 10/08/11 I1
7 181
Section D: Summary of Finding/Comments(Attach additional sJheets of narrative and checklists as necessary)
The farm appeared to be operating in compliance with the general permit.
Page# 2
Permit: NCG530066 Owner-Facility: Bragg Trout Farm
Inspection Date: 08/11/2010 Inspection Type: Compliance Sampling
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 ❑ Cl ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge ■ ❑ ❑ ❑
Judge,and other that are applicable?
Comment:_ - The farm appeared to be well maintained with no problems noted. The - -
owners have been experiencing lots of fish mortality due to weather conditions.The fish
had not been fed in about two weeks due to the prolonged high ambient temperatures
and the lower than normal stream flow. Fish production is normally 200,000 to 250,000
Ibs per year.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ❑ ■ ❑
Is access to the plant site restricted to the general public? ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ❑ ❑ ❑
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? M ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑
Comment: Downstream Dissolved Oxygen was 8.05 mg/I at 21.7 degrees C. No
adverse impacts were noted in the receiving stream. Effluent samples were collected
for BOD, TSS and Nutrients.
BOD=2.0 mg.l
TSS=6.2 mg/I
Both of the results are at the normal minimum detection limits for the lab.
Nutrient Results:
NH3=0.42 mg/I
TKN=0.70 mg/I
NO2 plus NO3=0.14 mg/I
Total P=0.11 mg/I
Page# 3
County: TRANSYLVANIA I Sample ID: AB62130 1
River Basin �()f`-1ATF' PO Number# 1OW6691
Report To ARCS
P Date Received: 0 811 312 01 0
vs �C`
Collector: R EDWARDS >_ _� Time Received: 08:30
r� Labworks LoginlD SMATHIS
Region: ARO
Report Generated: 8/27/10
Sample Matrix: WASTEWATER
Date Reported: 08/27/2010
Loc.Type: EFFLUENT
Emergency Yes/No MOO
COC Yes/No
Loc.Descr.: BRAGG TROUT FARM
Location ID: AROSPNLC Collect Date: 0811112010 Collect Time: 14:35 Sample Depth
Result/ Method Analysis Validated by
CAS# Analyte Name PQL Qualifier Units Reference Date
LAB
Sample temperature at receipt by lab 2.4 °c 8/13/10 SMATHIS
NUT
NH3 as N in liquid 0.02 0.42 mg1L as N LaclO-107-06-1-J 8/17/10 CGREEN
Total Kjeldahl N as N in liquid 0.2 0.70 mg1L as N Lachat107-06-2-H 8/19/10 CGREEN
NO2+NO3 as N in liquid 0.02 0.14 mg/L as N LaC10-107-04-1-c 8/17/10 CGREEN
Phosphorus—total as P.in liquid 0.02 0.11 mg/L as P LaC10-115-01-lEF 8/16110 CGREEN
i SEP - 1 2010
UJA(; RCU/.L.ITY SECTION
fl4_GIONAL•OFFICF f
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County: TRANSYLVANIA Sample ID: AB62034
River Basin �0 V'JAr�9Q ( PO Number# ARID
Report To AROSP �O G +�JI Date Received: 08/12/2010
Time Received: 08:00
Collector: K HAYNES p C Labworks LoginlD KJIMISON
Region: ARO fl�
!'' Report Generated: 8/20110
Sample Matrix:
Date Reported: 08/20/2010
Loc.Type: EFFLUENT
Emergency Yes/No VisitlD
COC Yes/No
Loc.Descr.: BRAGG TROUT FARM
Location ID: BRAGG TROUT FARM Collect Date: 08/11/2010 Collect Time: 14:35 Sample Depth
Result Method . Analysis Validated by
CAS# Analyte Name PQL Qualifier Units Reference Date
Others
Sample temperature at receipt by lab 3.2 °C 8112/10 SMATHIS
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Page 1 of 1
1� 05 '
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross,Jr., Secretary
Coleen H.Sullins, Director
July 30,2007
Richard W. Bragg
HC 73 Box 659
Balsam Grove,NC 28772-9618
Subject: Renewal of coverage/General Permit NCG530000
Bragg Trout Farm
Certificate of Coverage NCG530066
Transylvania County
Dear Permittee:
In accordance with your renewal application [received on January 22,20071,the Division is renewing
Certificate of Coverage(CoC)NCG530066 to discharge under NCG530000. This CoC is issued pursuant to the
requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North
Carolina and the US Environmental Protection agency dated May 9, 1994 [or as subsequently amended].
If any parts,measurement frequencies or sampling requirements contained in this General Permit are
unacceptable to you,you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made,the certificate of coverage shall be final and binding.
Please take notice that this Certificate of Coverage is not transferable except after notice to the
Division. The Division may require modification or revocation and reissuance of the certificate of coverage.
Contact the Asheville Regional Office prior to any sale or transfer of the permitted facility.
Regional Office staff will assist you in documenting the transfer of this CoC.
This permit does not affect the legal requirements to obtain other permits which may be required by
the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning the requirements of the General Permit,please contact Joe
Corporon [919 733-5083, extension 597 or joe.corporon@ncmail.net].
Sincerely,
(� "w�•>
ZfP.14T,,M,,irAF1q..
' �... n/tlsuagg�,+fiRt'N6 CiA5NLHIt,Y%''G4"((1kM191PA/.'lbRl'3.12`7'Y<R1+Y.h p+.�0":n�'p
for Coleen H. Sullins w
cc Central Files 1 _
Asheville Regional_Office/Surface Water Protectio
NPDES file �.
FJUL-
L
3 1 2007
l f
- - i
- r
1617 Mail Service Center,Raleigh,North Carolina 276991617 ASI EVILLt„[3rGIONAL OFFICE
r Vne - ;
512 North Salisbury Street,Raleigh,North Carolina 27604 OrthCarollna
Phone: 919 733-5083/FAX 919 733-071 9/Internet:www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NCG530000
CERTIFICATE OF COVERAGE NCG530066
DISCHARGE SEAFOOD PACKING & RINSING, FISH FARM AND SIMILAR WASTEWATERS
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,
Richard W.Bragg
is hereby authorized to discharge trout farm wastewater from a facility located at
Bragg Trout Farm
Old Wagon Rd
Transylvania County
to receiving waters designated as Tucker Creek in subbasin 04-03-01 of the French Broad
River Basin in accordance with the effluent limitations,monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This certificate of coverage shall become effective August 1, 2007.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July 30, 2007.
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross,Jr.,Secretary
Coleen H.Sullins, Director
July 30,2007
Charles H. Ziegler
615 Catheys Creek Rd
Brevard,NC 28712
Subject: Renewal of coverage/General Permit NCG530000
High Valley Trout Farm
Certificate of Coverage NCG530064
Transylvania County
Dear Permittee:
In accordance with your renewal application [received on January 22,20071,the Division is renewing
Certificate of Coverage(CoC)NCG530064 to discharge under NCG530000. This CoC is issued pursuant to the
requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North
Carolina and the US Environmental Protection agency dated May 9, 1994 [or as subsequently amended].
If any parts,measurement frequencies or sampling requirements contained in this General Permit are
unacceptable to you,you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made,the certificate of coverage shall be final and binding.
Please take notice that this Certificate of Coverage is not transferable except after notice to the
Division. The Division may require modification or revocation and reissuance of the certificate of coverage.
Contact the Asheville Regional Office prior to any sale or transfer of the permitted facility.
Regional Office staff will assist you in documenting the transfer of this CoC.
This permit does not affect the legal requirements to obtain other permits which may be required by
the Division of Water Quality or permits required by the Division of Land Resources,Coastal Area
Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning the requirements of the General Permit,please contact Joe
Corporon [919 733-5083, extension 597 or joe.corporon@ncmail.net].
Sincerely,
��j S �e`YYR"146)1M1c+.xJflN+..warpW.AxF'/�VrvMh !?Yxf.l l.vM.:y'rifAMN �Y•+
for Coleen H. Sullins y 4'
cc: Central Files
shevIlle Re onal Office/Surface Water protectio J U L 3 1 2007
NPDES file
y WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
-} `'fdR 1`uY,17.siXrAwiGruvev,v...w,,....... ........... •1
4'+-+�dr pia ie.rrr>}a s.
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One 1
512 North Salisbury Street,Raleigh,North Carolina 27604 NorthCarohna
Phone: 919 733-5083/FAX 919 733-071 9/Internet:www.ncwaterquality.org Nah(rally
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NCG530000
CERTIFICATE OF COVERAGE NCG530064
DISCHARGE SEAFOOD PACKING & RINSING, FISH FARM AND SIMILAR WASTEWATERS
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,
Charles H. Ziegler
is hereby authorized to discharge trout farm wastewater from a facility located at
High Valley Trout Farm
615 Catheys Creek Rd
Transylvania County
to receiving waters designated as Glady Fork in subbasin 04-03-01 of the French Broad
River Basin in accordance with the effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This certificate of coverage shall become effective August 1, 2007.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July 30, 2007.
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
&FIRIAVA� '
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality -
Michael F. Easley, Governor William G. Ross,Jr., Secretary
Alan W. Klimek, P.E., Director
January 11,2007
Dick Bragg
Bragg Trout Farm
HC 73,Box 659
Rosman,NC 28772-9618
Subject: Renewal Notice/General Permit NCG530000
Certificate of Coverage NCG530066
Transylvania County
Dear Permittee:
You are receiving this notice because you currently operate a fish farm or fish packing/rinsing facility
covered under the subject General Permit. NCG530000 will expire on July31,2007. Federal(40 CFR 122.41)
and North Carolina(15A NCAC 2H.0105(e))regulations require that permit renewal applications be filed at
least 180 days prior to expiration of the current permit. To satisfy this requirement,the Division must receive
a renewal request postmarked no later than February 1,2007.
The Certificate of Coverage(CoC)specific to your property was last issued on August 2,2002. The
Division needs information from you to determine if coverage under NCG550000 is still necessary.
If your property still has a wastewater system like the ones described in the enclosed Technical
Bulletin,you must renew the subject CoC.
If you are not sure what type of system your property has,contact Keith Haynes in the NC DENR
Asheville Regional Office at(828)296-4500. That person [or other staff members] can help you
determine if you should renew your CoC
➢ If you know that your facility no longer discharges to a waterbody,contact me at the address or
phone number listed below to request rescission of the CoC.
The attached application form shows the information the Division has on file for your property. Please
verify that the provided information is correct, or make corrections on the form. Complete the additional
questions,then sign and date the form. The completed form should be submitted to the address listed below
the signature block.
If you have any questions concerning this matter,please contact me at the telephone number or e-mail
address listed below. (If it is difficult to reach me,please be aware that your facility is one of over 1400 that I
am contacting regarding the renewal of several General Permits.) Thanks for your attention to this matter.
Sincerely,
Charles H.Weaver,Jr, l l.� # JINN 1 7 2007
NPDES Unit l
cc: Central Files
[WA T i(.)UA1_IT r ..L ,I IUHi
1heville Regional-Office_i Keith Haynes
NPDES file
t 'IIA:i':;SV.,EIt+-F tifeA':Yb6I:k9h,'ats;:tlnw L Y-.zv..xik G' . .i.:L.':..-
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One 1 1
512 North Salisbury Street,Raleigh,North Carolina 27604 N Carolina
Phone: 919 733-5083,extension 511/FAX 919 733.0719/charles.weaver@ncmail.net ����a `�/�
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
i
B � i HC 73,Box 659
r Trout Faun Rosman,NC 28772-9618
Tel:828-877-5574
March 23,2000
Forrest Westall
DWQ Asheville Regional Office
Interchange Building
59 Woodfin Place
Asheville,NC 28801
Dear Mr.Westall:
As of November 20, 1998, 1 purchased the trout production facility formerly known as Trigo Trout
Company in Balsam Grove,Transylvania County, and have been operating under the name above.
I am not sure what information is required to transfer the General NPDES Permit from Trigo Trout
Company to my name, but should any be required, please contact me at the address or telephone
number above.
Sincerely,
Richard Bragg
Owner/Manager
4 iE
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael.F. Easley, Governor
William G. Ross Jr., Secretary NCDENR
Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND'NATURAL RESOURCES
4/23/2002
CERTIFIED MAIL MAY
RETURN RECEIPT REQUESTED j
ATTN: CHARLES ZIEGLER
TRIGO TROUT COMPANY,INC.
615 CATHEY'S CREEK RD
BREVARD, NC 28712
Subject: NOTICE OF VIOLATION
FAILURE TO SUBMIT RENEWAL APPLICATION
TRIGO TROUT COMPANY,INC.
NCG530000
COC NUMBER NCG530066
TRANSYLVANIA COUNTY
Dear Permittee:
This letter is to inform you that,as of the date of this letter,the Division of Water Quality has not received a
renewal request for the subject permit certificate of coverage. This is a violation of NCGS§143.215.1 (c)(1)which
states"All applications shall be filed with the commission at least 180 days in advance of the date on which it is
desired to commence the discharge of wastes or the date on which an existing permit expires,as the case may be".
Any permittee that has not requested renewal at least 180 days prior to expiration or permittee that does not have a
permit after the expiration and has not requested renewal at least 180 days prior to expiration,will be subjected to
enforcement procedures as provided in NCGS §143-215.6 and 33 USC 1251 et.seq.
In order to prevent continued,escalated action,including the assessment of civil penalties you must submit a
completed permit coverage renewal application to the attention of the"Stormwater and General Permits Unit"at
the letterhead address within ten(10)days of your receipt of this letter(renewal application enclosed).
If the subject discharge has been terminated,please complete the enclosed rescission request form. Mailing
instructions are listed on the bottom of the rescission request form. You will be notified when the rescission
process has been completed.
Thank you for your prompt attention to this situation. If you have any.questions regarding this matter,please
contact Aisha Lau of the central office Stormwater and General Permits Unit at 919-733-5083,ext.578.
Sincerely,
for Gregory J.Thorpe,Ph.D.
Acting Director,Division of Water Quality
cc: Stormwater and General Permits Unit Files
Central Files
Asheville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
State of North Carolina
Department of Environment •
and Natural Resources f
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary NCDENR
Alan W. Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 1,2002
DICK BRAGG
BRAGG TROUT HC73 BOX 659 FARM r�(/G � � 700?
ROSMAN, NC 287729618
Subject: Reissue-NPDES Wastewater Discharge Permit
Bragg Trout Farm
COC Number NCG530066
Transylvania County
Dear Permittee:
In response to your renewal application for continued coverage under general permit NCG530000,the Division of
Water Quality(DWQ)is forwarding herewith the reissued wastewater general permit Certificate of Coverage
(COC). This COC is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between the state of North Carolina and the U.S.Environmental Protection Agency,
dated May 9, 1994(or as subsquently amended).
The following information is included with your permit package:
* A copy of the Certificate of Coverage for your treatment facility
* A copy of General Wastewater Discharge Permit NCG530000
* A copy of a Technical Bulletin for General Wastewater Discharge Permit NCG530000
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require
modification or revocation and reissuance of the Certificate of Coverage. This permit,does not affect the legal
requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility
for compliance with any other applicable federal,state,or local law rule,standard,ordinance,order,judgment,or
decree.
If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater
and General Permits Unit at(919)733-5083,ext.578
Sincerely,
for Alan W.Klimek,P.E.
cc: Central Files
Stormwater&General Permits Unit Files
Asheville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources A
�
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan Howes, Secretary E ���
A. Preston Howard Jr. P.
E., Director Ju , 1997
Charles Ziegler 1998
Trigo Trout Company,Inc. —pp
615 Cathey's Creek Road SHEUILLE RAlil SECTFO
Brevard,NC 28712
Subject: Certificate of Coverage No. NCG530066
Renewal of General Permit
Trigo Trout Company,Inc.
Transylvania County
Dear Permittee:
In accordance with your application for renewal of the subject Certificate of Coverage, the Division is forwarding
the enclosed General Permit. This renewal is valid from the effective date on the permit until July 31,2002. This
permit 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 December 6,1983. If any
parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have
the right to request an individual permit by submitting an individual permit application.Unless such demand is
made, this certificate of coverage shall be final and binding.
f The Certificate of Coverage for your facility is not transferable except after notice to the Division. Use the enclosed
Permit Name/Ownership Change form to notify the Division if you sell or otherwise transfer ownership of the
subject facility. The Division may require modification or revocation and reissuance of the Certificate of Coverage.
If your facility ceases discharge of wastewater before the expiration date of this permit, contact the Regional
Office listed below at (704) 251-6208. Once discharge from your facility has ceased, this permit may be rescinded.
This permit does not affect the legal requirements 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
governmental permit that may be required.
If you have any questions concerning this permit,please contact the NPDES Group at the address below.
Sincerely,
i,,,• Y
A.Preston Howard,Jr.,P.E.
cc: Central Files
�fi��Jte�ille_�Re'giona170ffic
NPDES File
Facility Assessment Unit
_J
P.O. Box 29535, Raleigh,North Carolina 27626-0535 (919) 733-5083 FAX(919)733-0719 p&e@dem.ehnr.state.nc.us
An Equal Opportunity Affirmative Action Employer 50% recycled /10%post-consumer paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG530000 ,r
CERTIFICATE OF COVERAGE NO. NCG530066
TO DISCHARGE WASTEWATER FROM FISH FARMS, SEAFOOD PACKING &
RINSING AND SIMILAR WASTEWATERS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
ate - 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,
Trigo Trout Company, Inc.
is hereby authorized to operate a facility which discharges wastewater from a fish farm or
from seafood packing &rinsing operations and similar wastewaters from a facility
located at
615 Cathey's Creek Road
Brevard y
Transylvania County
to receiving waters designated as subbasin 40301 in the French Broad River Basin
in accordance with the effluent limitations,monitoring requirements, and other conditions set forth
in Parts I,II,III and IV of General Permit No. NCG530000 as attached.
This certificate of coverage shall become effective August 1, 1997.
This certificate of coverage shall remain in effect for the duration of the General Permit.
Signed this day July 23, 1997.
I,/_,� /A. Preston Howard,Jr., P.E., Director
DivisionY of Water Quality
By Authority of the Environmental Management Commission
—)
-.�cate of North Carolina
Department of Environment,
Health and Natural Resources A
• •
Division of Environmental Management
James B. Hunt, Jr., Governor ftwoofty
Jonathan B. Howes, Secretary ® C
A..Preston Howard, Jr., P.E., Director G�7
September 30,1993
CHARLES ZIEGLER
TRIGO TROUT COMPANY,INC.
615 CATHEY'S CREEK ROAD
BREVARD NC 28712 Subject: TRIGO TROUT COMPANY,INC.
Certificate of Coverage NCG530066
General Permit NCG530000
Formerly NPDES Permit NCO078751
TransylvaniaCounty
Dear Permittee:
The Division of Environmental Management has recently evaluated all existing individual permits for potential
coverage under general permits currently issued by the Division. 15A N.C.A.C.2H.0127 allows the Division to
evaluate groups of permits having similar discharge activities for coverage under general permits and issue
coverage where the Division finds control of the discharges more appropriate in this manner. The Division,has
determined that the subject discharge qualifies for such coverage. Therefore,the Division is hereby issuing the
subject Certificate of Coverage under the state-NPDES general permit no. NCG530000 which shall void NPDES
Permit NC0078751. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the
US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently
amended.
If any parts,measurement frequencies or sampling requirements contained in this general permit are unacceptable to
you,you have the right'to submit an individual permit application,associated processing fee and letter requesting
coverage under an individual permit. Unless such demand is made,this decision shall be final and binding. Please
take notice this Certificate of Coverage is not transferable. Part II, E.4. addresses the requirements to be followed
in case of change of ownership or control of this discharge.
In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action,including those as may be required by this Division,such as the
construction of additional or replacement wastewater treatment or disposal facilities. Construction of any
wastewater treatment facilities will require issuance of an Authorization to Construct from this Division.
Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may
subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require
monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division
unless specifically requested,however,the permittee is required to maintain all records for a period of at least
three (3) years.
Post Office Box 29535,Raleigh,North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-9919
An Equal Opportunity Affirmative Action Employer 50%recycled-10%post-consumer paper
Page 2
CHARLES ZIEGLER
TRIGO TROUT COMPANY,INC.
Certificate of Coverage No. NCG530066
The issuance of this Certificate of Coverage is an administrative action initiated by the Division of
Environmental Management and therefore,no fees are due at this time. In accordance with current rules,there
are no annual administrative and compliance monitoring fees for coverage under general permits. The only fee
you will be responsible for is a renewal fee at the time of renewal. The current permit expires July 31,1997.
This coverage will remain valid through the duration of the attached general permit. The Division will be
responsible for the reissuance of the general permit and at such time,you will be notified of the procedures to
follow to continue coverage under the reissued permit. Unless you fail to follow the procedures for continued
coverage,you will continue to be permitted to discharge in accordance with the attached general permit.
The issuance of this Certificate of Coverage does not preclude the Permittee from complying with any and all
statutes,rules,regulations,or ordinances which may be required by the Division of Environmental Management
or permits required by the Division of Land Resources,the Coastal Area Management Act or any Federal or
Local other governmental permit that may be required.
If you have any questions or need additional information regarding this matter,please contact either the
Asheville Regional Office,Water Quality Section at telephone number 704/ 251-6208,or a review engineer in
the NPDES Group in the Central Office at telephone number 919/733-5083.
Sincerely,
61W4 ' I
A.Preston Howa r.,P.E.
cc: Asheville Regional Office
Central Files
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
GENERAL PERMIT NO. .NCG530000
CERTIFICATE OF COVERAGE No.NCG530066
TO DISCHARGE SEAFOOD PACKING AND RINSING, FISH FARMS AND SIMILIAR WASTEWATERS
UNDER THE
NATIONAL POLLUNTANT 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,
TRIGO TROUT COMPANY,INC.
is hereby authorized to discharge seafood packing and rinsing,fish farm or similiar wastewaters from a
} facility located at
TRIGO TROUT COMPANY,INC.
TransylvaniaCounty
to receiving waters designated as the TUCKER CREEK/FRENCH BROAD RIVER BASI
in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,II,
III and IV of General Permit No. NCG530000 as attached.
This certificate of coverage shall become effective November 1, 1993.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day, September 30, 1993.
Preston Howar ,, r.,P.E.,Director
Division of Environmental Management
By Authority of the Environmental Management Commission
f
�....� 4 1993
State of North Carolina
,Department of Environment, Health and Natural ResQu�?' ��, 11�FU�bT SITTI ON
Division.of Environmental Management
512 North Salisbury Street-Raleigh,North Carolina 27604
James B.Hunt,Jr.,Governor A.Preston Howard,Jr.,P.E.
Jonathan B.Howes,Secretary Director
April 5, 1993
Charles Ziegler
High Valley Trout Hatchery
615 Cathey's Creek Road
Brevard, NC 28712
Subject: Return of Incomplete Application
Trigo Trout Farm
NCO078751
Transylvania County
Dear Mr Ziegler.
In accordance with Division policy,we must hereby return as incomplete the attached application and
associated material received on. It lacks the following items:
-� -Three sets of plans and specifications signed and sealed by a professional engineer.
-Three copies of the completed and signed application form.
✓ -Permit application processing fee of$200.00.
-Three copies of the Engineering Alternatives Analysis (instructions enclosed)
-Priority Pollutant Analysis
-Other Items:
After you have obtained-the checked items,you may resubmit your application for review. Please submit
all the items returned to you and the checked items in one package. If you have any questions,please
contact me or one of my staff at(919)733-5083. Please specify if your questions on the project are about
wastewater discharge or stormwater-NPDES
incerely,
cc: Asheville Regional Office leen P. E s
NPDES File NPDES Group Supervisor
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington winaton-Salem
704/251-6208 919/486-1541 704/663.1699 919/571-4700 919/946.6481 9191395.3900 919/896-7007
Pollution Prevention Pays
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
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Date March 16, 1990
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Transylvania
NPDES Permit No.NC0078751
PART I - GENERAL INFORMATION
1. Facility and Address: Trigo Trout Company
615 Catheys Creek Road
Brevard, N.C. 28712
2. Date of Investigation: Fall 1989
3. Report Prepared By: Gary T. Tweed, P.E
4. Persons Contacted and Telephone Number: Charles H. Ziegler
704/883-3951
5. Directions to Site: The existing facility is located north 0. 5
mile from the intersection of N.0 Highway 215 and NCSR 1379 on
NCSR 1379.
6. Discharge Point - Latitude: 35-12-25
Longitude: 82-51-10
Attached a USGS Map Extract and indicate treatment plant site and
discharge point on map.
USGS Quad No. or USGS Quad Name Rosman
7. Size ( land available for expansion and upgrading) : Several Acres
8. Topography (relationship to flood plain included) :
Rolling to Steep.
9. Location of nearest dwelling: N/A
10. Receiving stream or affected surface waters: Tucker Creek
a. Classifications: C Trout
b. River Basin and Subbasin No. 04-03-01
C. Describe receiving stream features and pertinent downstream
uses: Rural Drainage.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: % Domestic
% Industrial
100 % Trout Farm Water
a. Volume of Wastewater: 6000 GPM
b. Types and quantities of industrial wastewater: N/A
C. Prevalent toxic constituents in wastewater:
d. Pretreatment Program (POTWs only)
in development approved
should be required not needed
2. Production rates (industrial discharges only) in pounds
a. highest month in the last 12 months
b. highest year in last 5 years
3 . Description of industrial process (for industries only) and
applicable CFR Part and Subpart:
4. Type of treatment (specify whether proposed or existing) : It is
proposed to continue the operation of the existing trout hatchery
which discharges directly to Tucker Creek.
5. Sludge handling and disposal scheme:
Since this facility does not collect solids no sludge is
generated.
6. Treatment plant classification: N/A
7. SIC Code( s) 0279
Wastewater Code( s) 25
i 1
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grants Funds
(municipals only) ? No
2. Special monitoring requests:
3 . Additional effluent limits requests:
4. Other:
PART IV - EVALUATION AND RECOMMENDATIONS
Trigo Trout Company submitted the Division Trout Farm
Questionnaire indicating that the facility was producing more than
20,000 pounds per year and feeding more than 5,000 pounds of feed in
maximum month of feeding. This level requires issuance of a NPDES
Permit. It is recommended that a permit be drafted for this operation
in accordance with trout farm permitting procedures previously
developed. It is intended for all trout farm permits to be issued at
the same time scheduled for later this year.
Signature Report Preparer
a er ualit egional Supervisor
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STATE OF NORTH.CAROLINA ) COMMERCIAL&RESIDENTIAL
LEASE AGREEMENT
COUNTY OF TRANSYLVANIA ) WITH OPTION TO PURCHASE
This COMMERCIAL & RESIDENTIAL LEASE AGREEMENT WITH OPTION TO
PURCHASE, (hereinafter "Lease" or "Agreement") made and entered into this the �_ day of June,
2009, by and between CHRISTOPHER E. SELLE, Legally Divorced, of Transylvania County, North
Carolina, and MARGARET N. SELLE, Legally Divorced, of 'c� County, North
Carolina (hereinafter mutually referred to herein as "Landlord"), and Mattwill, LC, a limited liability
company duly formed and validly existing under the laws of the state of Florida,(hereinafter called
"Tenant");
WITNESSETH:
THAT subject to the terms and conditions hereinafter set forth, said Landlord does hereby let and
lease unto said Tenant exclusively, and said Tenant does hereby accept as tenant of said Landlord, a
certain'tract or parcel of land, lying and being in Eastatoe Township, Transylvania County, consisting of
approximately 9.57 acres, shown as Tracts 2 and 3, on that certain survey recorded in Plat File 4 at Slide
548 in the Transylvania County Registry (attached hereto as Exhibit "A", the terms of which are
incorporated herein by reference as if fully set forth herein), being a portion of that land which is more
particularly described within a deed thereof to Landlords recorded at Book 313, Page 459 in the
Transylvania County Registry(attached hereto as Exhibit"B",the terms of which are incorporated herein
by reference as if fully set forth herein), and which land is otherwise and commonly known to the public
as Cantrell Creek Trout Farm and Hatchery which includes a dwelling house thereon together with a fish
farm thereon, and all the reasonably necessary fish farming equipment to operate a trout fish farm.
(hereinafter mutually referred to as the"Property")
The terms and conditions of this Lease are as follows:
1. TERM/RENT/USE:
a. Term of Lease: Unless otherwise extended by written agreement signed by the parties
hereto, or sooner terminated by the prior sale and purchase of said premises to Tenant
only, as hereinafter set forth, Tenant shall take possession of the property on or before
June 1, 2009 and the term of such lease shall continue for a period of twelve(12)months
ending on June 1, 2010. (the "Lease Term"which definition shall include any extension
entered into between the parties hereof)
b. Rental Payments: Beginning on the date of possession above and during any Lease
Term hereunder, Tenant shall pay the.Landlord the sum of One Thousand Eight Hundred
Seventy Five Dollars ($1875.00) per month as rent.on the aforesaid premises; this
includes $1225.00 for the property, $400.00 for the oxygen lease, $160.00 for insurance
and $90.00 for the intake lease,with the first monthly payment being due at the time of
the execution of this document and then on the ls` day of each month beginning the 1"
day of July,2009.
i. The Rental Payments shall be made payable to: Christopher E. Sell e at the
following location: 9(4� v�Gv�1 NJ 14JC.
ii. The Tenant will,without any previous demand therefor, pay the rent at the times
and in the manner above provided, and that the Lessor shall have a lien upon all
Mattwill/selle_ Comm/Res Lease.w/Option Page 1 of 8
of the property of the Tenant at any time placed in or being situated within the
premises hereby leased and as hereinbefore described for the security of the
payment of the said rent as the same shall become due as hereinbefore specified,
and that in the event of failure on the part of the Tenant to pay said rent in
accordance with the terms of this Lease and agreement,the Lessor may forthwith
take possession of the property hereby leased and foreclose the lien hereby
created, as is provided by law for the. foreclosure of chattel mortgages or
conditional sales of personal property.
iii. The sale of the Property to.Tenant prior to the expiration of the Lease Term shall
result in a termination of this Lease without any additional rents being due or
owed by Tenant thereafter. A pro-ration of rents due and owed as of the date of
closing shall be paid on or before closing to Landlord.
iv. Savings Provisions:
1. Unless otherwise specifically stated herein, in no event shall either party
be entitled to terminate this lease for.a breach hereof by the other parry
unless it. has: (i.) first provided written notice to the breaching party
containing a written statement of each and every condition alleged to
have caused such a breach,and a statement of the non-breaching party as
to its intent to terminate the Lease if such conditions are not cured within
the curative period set forth herein, and (ii.) allowed the breaching party
a curative period of seven (7) days following the receipt of such written
notice, to cure or remove any such condition alleged to cause a breach
hereof, which if so cured or removed within the curative period shall
prevent the non-breaching party from terminating this lease for a breach
hereof based upon such conditions.
2. Notwithstanding anything herein to the contrary, Landlord shall be
deemed to have waived its right to hold Tenant in breach of.this
Agreement and otherwise terminate the same, where Landlord
subsequent to such termination accepts from Tenant additional rents for
periods following such termination and continues to allow Tenant.to
occupy and use the leased Property. This provision is intended as a
savings provision and shall bar Landlord from claiming that Tenants
breach hereof waived its right to otherwise exercise the Option to
Purchase given hereunder, which option shall remain in full force and
effect notwithstanding a termination hereof where Landlord continues to
allow Tenant to occupy and use the Property following such default and
has otherwise been compensated by Tenant for,the rent payable to
Landlord during such continued,use and occupancy.
c. Surrender of Premises: Upon the expiration of any Lease Term hereunder or upon
Landlord's termination of this Agreement pursuant to a breach hereof by Tenant, Tenant
shall immediately surrender possession of the Property to Landlord or its agent and
deliver said property into the possession of said Landlord or its agent in as good
condition as the same now is, ordinary wear and tear excepted;
d. Residential Use of Property: The leased property contains one primary dwelling .
house for residential purposes the exclusive right to possession, use, and enjoyment of
which is leased by Landlord to Tenant hereunder.
e. Commercial Usage of Property and Equipment: The leased Property contains a currently
operated commercial trout farm and hatchery,the continued and exclusive operation,use,
and enjoyment of which by Tenant, is expressly consented to and authorized hereunder
subject to any terms and conditions set forth herein.
£ Lease of Commercial Equipment: As part of this Agreement, Landlord is also
leasing to Tenant the exclusive right to use,operate, and enjoy all existing improvements,
fixtures, equipment, and other non-disposable materials (which are.not otherwise part of
the inventory being purchased by Tenant hereunder or by separate agreement) and which
are affixed to or otherwise located upon the Property as of June 1, 2009, with the
exception of an Isuzu truck the possession and use of which is retained by Landlord
notwithstanding such truck's presence upon the Property leased hereunder. A non
exclusive itemization of,such commercial equipment being leased hereunder is attached
Mattwill/Selle Comm/Res Lease w/Option Page 2 of 8
I
hereto and incorporated herein by reference as Exhibit"C". Landlord warrants that such
equipment is not currently encumbered by any lien, security interest, collateral
agreement, or otherwise,and that no such encumbrance shall be placed thereupon during
the Lease Term hereof.
2. PURCHASE OF CERTAIN INVENTORY. LOCATED UPON PROPERTY TO USE IN
CONNECTION THEREWITH:
a. Qualified Definition of"Landlord"Herein: The parties agree that the term "Landlord" as
used within this Section Two (2) of the Lease only, where pertaining to any rights or
obligations of any party herein as to inventory purchased hereunder and as distinguished
from real property, shall apply only to Christopher E. Selle and not to Margaret N. Selle.
b. Initial Inventory Statement and Purchase: The enforceability of this Lease is contingent
upon Tenant's agreement to purchase from Landlord that certain disposable inventory
existing upon the Property as of June lst, 2009 which is more particularly described
within a Statement of Inventory attached hereto and incorporated herein by reference as
Exhibit"D", and which inventory shall be purchased by the Tenant from the Landlord at
the following prices:
i. Fair market value (the local going commercial rate as of the date of inventory,
and as particularly stated within Exhibit "D") shall be paid for the following
inventory: (i)propane, (ii)liquid 02,(iii.)chemicals, (iv.) salt and(v.)fish feed;
ii. All fish which are 10 inches and over shall be purchased for$1.25/lb;
iii. All fish 10 inches and under shall be purchased for$1.50/lb.
c. Payment for Initial Inventory: All inventory whatsoever being purchased hereunder is
identified within Exhibit"D"which is also agreed upon between the parties to reflect the
complete, accurate, and total purchase price to be paid for the same, which shall be paid
for by Tenant in the following manner:
i. Tenant shall pay Landlord as a condition precedent to this Lease becoming
enforceable,Forty Thousand Dollars($40,000.00)of the total inventory purchase
price specified within Exhibit"D" in certified funds at the time of executing this
Lease Agreement,and thereafter
ii. Tenant shall pay to Landlord in certified funds on or before September 1st, 2009,
the entire remaining balance due, if any, defined as the difference between the
total inventory purchase price specified within Exhibit "D" and the amount paid
towards such price at the time of executing this Lease as stated hereinabove.
1. Upon Tenants initial Forty Thousand Dollar ($40,000.00) payment to
Landlord as specified hereinabove, this Lease-shall become binding and
enforceable as of the date first stated hereinabove pursuant to the terms
and conditions set forth herein.
2. Default.in Second Payment: In the event that Tenant shall fail to
make any required second payment towards inventory by the deadline for
such payment set forth hereinabove, Landlord may hold Tenant in
default of this Lease,. and may terminate this Lease following its
compliance with the savings provisions hereof.
3. UCC-1 Statement: In addition to any other remedies of either party
hereto,Tenant as a condition precedent to the enforceability of this Lease
shall execute concurrently herewith, a UCC-1 form prepared by Landlord
which shall secure unto Landlord, by attaching to the Inventory
purchased hereunder, the payment by Tenant of the Second Payment, if
any, contemplated hereunder, and which shall be deemed satisfied in full
upon Tenant's Second Payment as stated hereinabove upon the receipt of
which .Landlord shall execute any and all necessary documents to
satisfy/remove such UCC-1 form as a matter of title record and otherwise
release Tenant from liability arising from such UCC-l.
Mattwill/Selle COmm/Rcs Lease w/Option Page 3 of 8
d. Disposal of Inventory Upon Non-Exercise of Option or Termination of Lease:
i. If Tenant in its sole discretion fails to exercise its option to purchase the leased
Property within the Option Period, and no termination of this Lease has occurred
prior to the expiration of such Option .Period, then Tenant shall be solely
responsible for arranging for the disposal,sale, or transfer of all inventory in
which Tenant claims an ownership interest prior to the date of the natural
expiration of this Lease Term, and thereafter shall surrender possession of the
Property together with all of Tenant's ownership interest, rights, and title in any
inventory remaining upon the Property on the day of such surrender.
ii. If this Lease shall be validly terminated as a result of a breach hereof by
Landlord, then in such event Tenant shall be entitled in its sole discretion to
= remain upon the Property and retain sole possession and use of the same for a
period of up to sixty (60) days following the effective termination date (the
"Inventory Disposal Period"). During any such Inventory Disposal Period, the
terms and conditions of this Lease shall remain in full force and effect except that
Tenant shall not be required to pay Landlord any rent during such period and
shall be solely responsible for arranging for the disposal, sale, or transfer of all
inventory in which Tenant claims an ownership interest prior to the expiration of
the Inventory Disposal Period, and thereafter shall surrender possession of the
Property together with all of Tenant's ownership interest, rights, and title to any
inventory remaining upon the Property on the day of such surrender.
iii. If this Lease shall be validly terminated as a result of a breach hereof by Tenant,
then in such event,Tenant shall either: (i)pay unto Landlord in certified funds on
or before the effective termination date, an amount equal to all remaining rental
payments to be made under the Lease Term otherwise remaining in which event
Tenant shall be entitled to .a sixty (60) day Inventory Disposal Period in
accordance with the terms of the immediately preceding provision in which to
provide for the disposal of its inventory; or in the event no such payment is made,
shall (ii) be deemed to have forfeited unto Landlord as of the effective day of
termination all of Tenant's ownership interest, rights, and title to any such
inventory existing upon the Property as of the effective date of termination, and
shall thereafter not be entitled to recover the value of any said inventory from
Landlord who shall bear the risk of loss upon such inventory. Prior to disposing,
selling, or transferring any inventory under an Inventory Disposal Period
obtained pursuant to this provision only, except where such disposal, sale, or
transfer was contracted for prior to Tenant's receiving notice of Landlord's intent
to terminate this Lease, or is otherwise in accordance with Tenant's normal
course of business dealings with clients and purchasers of inventory,Tenant shall
provide Landlord a written estimate of the inventory existing upon the Property
as of the effective date of termination, and shall therewith offer in writing to
Landlord a Right of First Refusal to purchase any portion thereof or the entire
inventory, which Landlord shall be entitled to purchase at the same prices and in
accordance with the same pricing structure as set forth upon Exhibit"D" hereof.
Landlord shall within five (5) days thereafter do both of the following to validly
exercise its Right of First Refusal: (i)notify Tenant in writing of its acceptance to
purchase all or part of the offered inventory, and (ii) place in an escrow account
with Neumann & Associates Law Firm, PLLC, subject to the terms of this
Agreement, the entire balance of any funds paid unto Landlord by Tenant to
obtain the Inventory Disposal Period, or the actual purchase price for such
inventory that Landlord chooses to purchase, whichever is smaller. The funds
placed in escrow pursuant to this provision shall be handled in accordance with
this provision only. Landlord may apply the escrow funds toward any payment
price to be paid for the inventory being purchased by Landlord pursuant to this
provision as long as the entire purchase price for such inventory is paid by
Landlord not less than twenty one (21) days from Landlord's provision of notice
to Tenant of its acceptance of the Right of First Refusal hereunder. In the event
that Landlord'has not paid the entire purchase price for such inventory by such
date, Landlord's Right of First Refusal shall be deemed void and unenforceable
against Tenant who may, proceed with otherwise disposing, selling, or
transferring the inventory during the.remaining Inventory Disposal Period, and
the escrow agent shall immediately pay the escrow funds unto Tenant as
compensation for Tenant's delay in otherwise disposing, selling, or transferring
the assets, as well as for the cost of ongoing care, maintenance, and general
upkeep of the inventory. Landlord shall not thereafter be entitled to apply the
Mattwill/Selle Comm/Res Lease w/Option Page 4 of 8
escrow funds toward any subsequent purchase of the inventory. The risk of loss
upon the inventory during the Inventory Disposal Period shall remain upon
Tenant until Landlord has purchased all of the Inventory by paying the entire
purchase price therefore to Tenant, or until the termination of the Inventory
Disposal Period, whichever occurs first, provided that in the event Tenant has
otherwise disposed of all its inventory(not including any inventory purchased by
Landlord pursuant to its Right of First Refusal remaining upon the Property) or
otherwise chooses to forfeit its interests,right, and title therein, Tenant may in its
sole discretion provide Landlord three (3) days written notice of its'intent to
vacate and surrender the Property and may thereafter vacate the Property and
inventory remaining thereupon the sole risk of loss upon which inventory shall
automatically pass to the Landlord on the fourth day following such written
notice.
iv. The parties agree to work together in good faith to effectuate any disposal, sale,
or transfer of such inventory if the same shall become necessary. For purposes of
construing any separate agreement between the parties contingent upon a valid
lease being in effect,this Lease shall be deemed to continue in effect between the
parties during any such Inventory Disposal Period.
1 INSURANCE: During any Lease. Term hereunder, and including any period of holdover
resulting from the continuing use and possession of the Property by Tenant following the
otherwise valid expiration or termination of Tenant's Lease Term,the parties agree to each bear
'the sole responsibility for separately maintaining adequate insurance to protect against their own
individual and respective loss, damage, destruction, or other casualty events which may occur in
relation to their respective interests in and upon the Property.
a. By way of illustration only, and not limitation, Tenant shall be solely responsible for
insuring against any loss to its inventory including but not limited to fish, as a result of
catastrophic or other events, to damage of its own commercial or personal equipment or
property which is used or located upon the Property, and for any personal injury or
damages sustained upon the Property by its own employees or agents in the course of
using said Property or any equipment leased to Tenant hereunder, and shall otherwise be
responsible for maintaining adequate general commercial liability insurance to protect
itself against potential losses or liability arising from Tenants occupation and use of the
Property including equipment leased to Tenant hereunder.
b. By way of illustration only and not by way of limitation, Landlord shall be solely
responsible for maintaining adequate fire and hazard insurance upon the Property and any
improvements or fixtures thereupon, for insuring against. losses or damage to any
commercial or personal equipment or property owned by Landlord located upon the
Property whether leased to Tenant hereunder or not, for damage or injury sustained to
Landlord itself, or Landlord's own agents while upon the Property.
c. The parties intent herein is to require that each party maintain adequate insurance to
protect their own respective interests in the event of loss or casualty,and in no event shall
either party be entitled to hold the other party liable for or otherwise seek compensation
from the other party including from any insurance policy of the other party, for any loss,
damage, injury, or other casualty event which could have been adequately insured against
by the party seeking to impose such liability or recover such compensation, provided
however that no bar against liability or reimbursement shall be binding in the event where
a party can prove that the loss, damage, injury, or other casualty complained of was
proximately caused intentionally or by the gross negligence or willful misconduct of the
other party.
d. Notwithstanding anything to the contrary herein, during the term of this lease as defined
hereinabove, Tenant shall be solely responsible for and shall indemnify Landlord against
and hold Landlord harmless from any and all cost, expenses, or claims for personal injury
or property damage sustained by third parties upon the Property unless proximately
caused by intentional or willful misconduct of Landlord.
4. TAXES: Landlord shall pay all real property taxes upon the Property when due provided
that in the event Tenant purchases the property, the property taxes for the year during the year of
such purchase shall be pro-rated between Landlord and Tenant as of the day of closing.
5. MAINTENANCE AND UTILITIES:
Mattwill/Belle Comm/Res Lease w/Option
Page 5 of 8
i
a. Tenant shall not make any improvements or repairs, except for necessary repairs to
maintain the welfare of fish in inventory upon the premises, on the buildings, equipment
or property, or make any changes in the operation of the fish farm without the consent of
the Landlord, not to be unreasonably withlield; if the purchase does not take place after
the Lease Term, any improvements and repairs made upon the premises shall be
considered a part of the real estate and be retained by the Landlord without
reimbursement.
b. The Tenant shall be responsible for routine and general residential:and commercial
upkeep and maintenance related to the Property during the Lease Term including but not
limited to maintenance of the grass and grounds, maintaining a safe and clean residential
_dwelling,and operation of the fish farm, all of which shall be done in a suitable manner
to maintain the same in good condition. Notwithstanding the foregoing, in the event that
any non routine maintenance or repairs, including major repairs, are required to maintain
the Property in good condition including repairs to major appliances or commercial
equipment Leased hereunder, Landlord shall make such repairs at Landlord's sole .
expense provided however that in the event any such non routine maintenance or repairs,
including major repairs, are required as a proximate result of Tenants intentional
misconduct or negligence,Tenant shall make such repairs.
i. Emergency Repairs: Notwithstanding the foregoing, in the event any repairs are
reasonably required to maintain essential fish farm equipment to protect the
welfare, survivability, and value of the fish in inventory, reasonable emergency
repairs may be made without Landlord's prior consent and the cost therefore
shall be paid in accordance with the immediately foregoing provision.
c. Tenant shall also assume the sole: responsibility of payments for all standard utility
expenses including any additional fees for transfer of such utilities into Tenant name or
for connection or set up fees for such utilities which include but are not limited to: trash
pickup, telephone lines (2), DirecTV, electricity, liquid 02 fills and propane fills, all of
which shall be paid in full by Tenant prior to vacating the premises pursuant to a
termination or the natural expiration of this Lease.
6. OPTION TO PURCHASE LEASED PROPERTY
a. Option Fee: For and in exchange of the additional and separate consideration paid
from Tenant to Landlord of One Thousand Dollars ($1000.00), Landlord hereby grants
unto Tenant an exclusive Option to Purchase the Property Leased hereunder pursuant to
the following terms and conditions:
b. Escrow of Option Fee: The One Thousand Dollars ($1000.00) paid by Tenant as
separate consideration for the Option to Purchase granted herein, shall be placed in
escrow with Keller Williams Realty ("ESCROW AGENT") to hold subject to the terms
and conditions hereof.
L If Tenant shall fail to exercise its Option to Purchase given herein, or this Lease
shall be terminated by Landlord for a' breach hereof by Tenant, ESCROW
AGENT shall pay the Option Fee to Landlord following the Lease Term hereof,
in order to secure unto ESCROW AGENT available funds for the payment of
any necessary Appraiser for purposes of establishing inventory to be repurchased
by Landlord in accordance with the foregoing provisions of this Lease.
ii. If Tenant shall exercise its Option to Purchase, the Option Fee given herein shall
become the escrow funds as described within Exhibit E and the payment of such
funds thereafter shall be in accord with said Exhibit.
c. Option Period: Tenant shall have an exclusive Option to purchase the Property
leased..hereunder which Option shall begin upon the day and year first set forth
hereinabove and shall continue up until the first (lst) day of April, 2010 (the "Option
Period").
d. Valid Exercise option: Tenant shall.exercise its Option, if at all, by providing
written notice to Landlord of Tenant's intent to exercise said Option prior to the
expiration of the Option Period.
Mattwill/Selle Comm/Res Lease w/Option Page 6 of 8
e. Closin>?: Upon Tenant's exercise of its Option to Purchase, the parties shall be
legally bound to close upon the Property pursuant to the terms of, and subject to the
conditions within, that separate "AGREEMENT FOR PURCHASE AND SALE OF
REAL PROEPRTY PURSUANT TO OPTION TO PURCHASE" which agreement is
attached hereto and incorporated herein by reference as Exhibit "E", and is executed
concurrently herewith by the parties who agree that Tenant's exercising its Option to
Purchase in accordance with this Lease is a condition precedent to the enforceability of
said separate agreement.
f. Memorandum of Option: The parties shall execute concurrently herewith a
Memorandum of Option to Purchase document which shall be recorded of record at the
Register of Deeds office, Transylvania County,North Carolina, setting forth the essential
terms of such Option including the expiration date of the same, and which shall thereby
provide notice to all other parties that the Property leased hereunder is subject to said
Option as a matter of title record.
7. OTHER PROVISIONS
a. Notice: All notices under this agreement shall be in writing, and,shall be deemed to have
been duly given on the date of service if served personally on the party to whom the
notice is to be given, or if mailed, on the date of deposit with the US Postal Service, to
the party to whom notice is to be given by first class mail, postage prepaid, registered or
certified, if properly addressed to the party at his address as set forth below, or at such
other address as the party may hereafter designate by written notice to the remaining
parties:
i. Landlord:
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ii. Tenant: f �.
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b. Entire Agreement: All prior or contemporaneous understandings and agreements of the
parties are integrated and merged into this Agreement and the instruments and
agreements specifically referred to herein. No other agreements or understandings exist
prior to or contemporaneously with the execution of this Agreement which are not
reflected in writing herein at the time of signing.
c. Modi rcation: This Agreement maybe amended, modified, superseded, or canceled only
by a written instrument executed by all of the parties hereto.
d. Waiver: Notice or knowledge of any matter shall not constitute a waiver of any
representation or warranty with respect to such matter. The waiver by any party of any
breach of any provision shall not be construed as a waiver of any other provision by such
party. Each parry shall have the right to waive fulfillment of a condition or covenant or
compliance with a representation or warranty of which it is-the beneficiary,-but such
waiver may be made.only by written instrument executed by such party.
e. Severability: Any provision of this Agreement that is prohibited, 'unenforceable, or not
authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of
such prohibition, unenforceability, or non-authorization without invalidating the
remaining provisions hereof or affecting the validity, enforceability, or legality of such
provision in any other jurisdiction.
£ Binding Agreement: This Agreement shall be binding not only upon the parties hereto
but also upon their heirs, executors, administrators, successors,and assigns.
g. Non Assignment: This Agreement shall not be assignable in whole or in part by
either party without the express written consent of the other party thereto. Any
assignment consented to shall be subject to the terms and conditions herein unless
otherwise agreed in writing by the non-assigning party.
a. Governing Law: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of North Carolina.
Mattwill/Selle Comm/Res Lease w/Option Page 7 of 8
a. Section Headings: The section headings contained herein are for reference purposes only
and shall not in any way affect the meaning or interpretation of this Agreement.
b. Construction: This Agreement has been produced by negotiation of the parties and the
rule of construction against the interest of the drafter shall not apply.
a. Use of terms: Words used in this Agreement in the present tense include the future as
well as the present; words used in the masculine gender include the feminine and neuter;
the singular number includes the plural, and the plural the singular; and word "person"
includes a corporation as well as a natural person.
b. Counterparts: This Agreement may be executed in two.or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the
same instrument.
In Testimony Whereof, said parties have executed this contract in duplicate originals, one of
which is retained by each of the parties,the day and year first above written.
EAL)
Christophbf E. Selle,Landlord
( - -N �C� (SEAL)
Margare N. Selle,Landlord
Mattwill,LLC
BY: (SEAL)
Raymond Hollbcks,Member-Manager, Tenant
Mattwill/selle COffinVRes Lease w/Option Page 8 of 8