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Home My WebLink AboutNC0082716_permit issuance_20160107Water Resources ENVIRONMENTAL QUALITY Mr. Frederick B. Tygant, President Wolf Laurel Property Owners Association 91 Village Lane Mars Hill, N.0 28754 Dear Mr. Tygant: PAT MCCRORY Gorerpor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director January 7, 2016 Subject: Issuance of NPDES Permit NCO082716 Wolf Laurel POA WWTP Madison County Class WW-2 Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. 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 October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on November 4, 2015. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sonia Gregory at telephone number (919) 807-6333. cc: Central Files Asheville Regional Office NPDES Unit J S. Jay Zimmerman, P.G., Director Division of Water Resources State of North Carolina Environmental � Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 707 9000 Permit NCO082716 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Wolf Laurel Property Owners Association is hereby authorized to discharge wastewater from a facility located at the Wolf Laurel POA WWTP 125 Valley View Circle East of Mars Hill Madison County to receiving waters designated as Wolf Laurel Branch in the French Broad River Basin in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2016. This permit and authorization to discharge shall expire at midnight on September 30, 2020. Signed this day January 7, 2016. C y Zimmerman, P. _... ivision of Water s By Authority of the Environmental Management Commission Page 1 of 6 Permit NCO082716 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Wolf Laurel Property Owners Association is hereby authorized to: 1. Continue to operate an existing 0.007 MGD extended aeration wastewater treatment system with the following components: ♦ 2,000 gallon flow equalization tank ♦ Manual bar screen ♦ 7,000 gallon aeration basin ♦ Clarifier with sludge return ♦ 550 gallon aerobic digestor ♦ Chlorination ♦ Dechlorination ♦ Flow meter The facility is located at the Wolf Laurel POA WWTP, east of Mars Hill, 125 Valley View Circle in Madison County. 2. Discharge from said treatment works at the location specified on the attached map into Wolf Laurel Branch, classified C-ORW Trout waters in the French Broad River Basin. Page 2 of 6 Permit NCO082716 PART I A. (1.) EFFLUENT LIMITS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored) by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Sample Parameter Code Average Maximum Frequency Type Location Flow 50050 0.007 MGD Continuous RecordingInfluent or Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Ammonia Nitrogen (summer) C0610 8.0 mg/L 35.0 mg/L 2/Month Grab Effluent Ammonia Nitrogen (winter) C0610 23.5 mg/L 35.0 mg/L 2/Month Grab Effluent Fecal Coliform (geometric mean) 31616 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent Total Residual Chlorine2 50060 28 pg/L 2/Week Grab Effluent pH 00400 > 6.0 and < 9.0 standard units 2/Month Grab Effluent Temperature (°C) 00010 Monitor & Report Weekly Grab Effluent Dissolved Oxygen 00300 Monitor & Report Weekly Grab Effluent Oil & Grease 00556 Monitor & Report Monthly Grab Effluent summer = April 1 — October 31 winter = November 1 — March 31 Footnotes: 1. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system.. See Condition A. (2.). 2. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. There shall be no discharge of floating solids or visible foam in other than trace amounts Page 3 of.6 Permit NCO082716 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part 11 of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports 1. Resorting [Supersedes Section D. (2.) and Section E. (5.) (a)] Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted .to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Page 4 of 6 Permit NCO082716 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS, continued Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: htt:// ortal.nedenr.or /web/w /admin/bo /i u/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Sinatory Requirements [SuPPlements Section B. 11. b and supersedes Section B. 11. d All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part IT, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://porta'.ncd'enr.or web/wq/admin/bog//ipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations. " 3. Records Retention CSupplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.411. Page 5 of 6 Pernut NCO082716 Latitude: 36057'26n Wolf Laurel P OA Longitude: 82030'53" Quad #DBNE(Sams Gap) VIIWTP Stream Class: C-Trout Subbasin: 04-03-04 Receiving Stream: Wolf Laurel Branch Page 6 of 6 NCDEQ - NPDES Public Calendar Page 1 of 1 NC Department of Environment and Natural Resources Water Quality- NPDES Public Calendar NPDES Event Calendar Et Public Notices North Carolina General Statutes 143.215.1 and Administrative Code 15A NCAC 02H.0109 _... _........ ....._...._..._......._.........._.__.........._..._....._._.....-.........__.......e......................_.....-..........._............................._........... (http://portal:ncdenr.org/web/wglswp/ps/npdes/reps) require the Division to provide public notice of permitting actions through local newspapers. The NPDES unit uses this webspace to announce publications in newspapers on a biweekly schedule. Public comments are due 30 days from the dote these notices were published in the newspapers. Actual date of publication may vary by newspaper. The date of notice shown below represents the date the unit requested publication. Please click on the event date for full details. Columns can be sorted by category by clicking the header. EVENT DWRDate: 2015-11-04 « Back to Events List Type: Notice -Permit Name: NC0082716-The Wolf Laurel POA WWTP INVlS N Of W&Rto urces The Division has made an attempt to post notices in the following newspaper(s): News Record The Wolf Laurel Property Owners' Association has requested renewal of NPDES permit NCO082716 for the Wolf Laurel POA WWTP in Contact: Madison County. This permitted facility discharges treated domestic wastewater to Wolf Laurel Branch in the French Bob.Sledge;ncpznr.;ov Broad River Basin. Currently, ammonia nitrogen and total residual chlorine are water quality limited. This discharge may affect future allocations in this portion of the French Broad River Basin. Send Comments To: Facility: NC0082716-The Wolf Laurel POA WWTP DEQ-Division of Water Resources, Water Quality Counties: Madison Permitting Section, 1617 Mail Service Center permit No.: NC0082716 Raleigh, NC 27699-1617 River Basins: French Broad t Program: NPDES (http://por[al.ncdenr.o /web/w /sw / In des J __...._. V.--_P_.Es.....P..._....._ Comment Period Ends: 30-days from publised date North Carolina Department of Environmental Quality 217 West Jones Street, Raleigh, NC 27603 - Toll Free: (877) 623-6748 http://Portal.ncdenr. org/web/wq/swp/ps/npdes/calendar/-/j ournal_content/56_INS TANCE... 12/ 18/2015 FACT SHEET FOR EXPEDITED PERMIT RENEWALS This form must be completed by Permit Writers for all expedited permits which do not require full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile home parks, etc) that can be administratively renewed with minor changes, but can include facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing, instream monitoring, compliance concerns). Basic Information for Expedited Permit Renewals Permit Writer/Date Bob Sledge 11/3/2015 Permit Number NCO082716 Facility Name Wolf Laurel POA WWTP Basin Name/Sub-basin number French Broad/ 04-03-04 Receiving Stream Wolf Laurel Branch Stream Classification in Permit C-ORW,Trout Does permit need Daily Max NH3 limits? No — already included Does permit need TRC limits/langua e? No already included Does permit have toxicity testing? No Does permit have Special Conditions? No Does permit have instream monitoring? No Is the stream impaired (on 303(d) list)? For whatparameter? Yes - Turbidity Any obvious compliance concerns? No Any permit mods since last ermit? No, but there have been ownership changes Current expiration date September 30, 2015 New ex iration date September 30, 2020 Comments received on Draft Permit? Yes No If Yes, discuss response with Supervisor The development has not prospered as it was envisioned. The inn is currently not operating. Flow to the system is primarily seasonal and it serves only a handful of homes. Apri18, 2015 To whom it may concern, The Wolf Laurel Property Owners Association (WLPOA) is half owner of the waste water treatment plant located in the Wolf Laurel Resort (permit NPDES-0082716) and is currently seeking a permit renewal to operate the plant. Since the filing of the active permit in 2010, the ownership of this facility has changed. Now the WLPOA and Bayview Loan Servicing, LLC, a Florida corporation, each own 50% of the plant. At this time, the WLPOA is the only active owner of the facility. In March, 2014, Bayview Loan Servicing obtained its ownership through foreclosure (see public records of Madison County Book 568, page 394-396). Since then it has not made any required payments for maintenance and operation. Consequently, the WLPOA has been required to pay 100% of all costs of operation. After many attempts to contact Bayview without success, the WLPOA filed a lawsuit in Madison County, NC on February 11, 2015 (Case No: 15CVD55) which is presently pending. As of this date Bayview has not filed an answer to the lawsuit. In light of the present situation, the WLPOA is requesting a name change on the renewed permit and that the permit be accepted in the name of the WLPOA only. A follow up request to amend the permit will be made once the pending lawsuit is settled. The following book/page records in Madison County reflect the history of the above mentioned property transfers. 2003 - 289/707 WCI to BMOC on half interest in plant 2006 - 388/111 WCI to Jones one half interest in plant 2006 - 388/115 Jones to WCI (beneficiary) /D/T with Best & Best 2007 - 444/674 Bayview loan to Jones 2010 - 507/385 BMDC to WLPOA 2014 - 568/394 Jones to Bayview RECEIVED/DENR/DWR 2014 - 569/674 Foreclosure on Jones to Bayview APR 2 9 2015 Water Quality Permittinq Sectlnr Page (1) of (2) r red Tygart, Presid t WLPOA 91 Village Lane Mars Hill, NC 28754 RECEIVED/DENRlDWR APR 2 9 2015 Water Quality Permitting Section Page (2) of (2) FILED M WJ County, on .Jon 21 30M3 at 1x3MU R1 by Jon us Buebw Excise Tax 1twording Time, Hook and Page f ..�. �.. 'r�' � i r.nniunurnr+iurr�wrrr ............... Parcel idenHfierNo............................................................... ......... Verifiedby................................................................County on the .................. day of .......... ......................................................... I ....... ... BY..... ................... .............. — I ...................... I ...... I ..... ............ . D9sii after recording to Bala iNjpt��a17111VveM-Int Corpora oa /`�. i� 74iX �r..,.ft.�[ �... /.Y �'..».......................... This instrument was prepared by: Wolf Cave Inn, ae,(Orvi1le English) Brief description for the index. NORTH CAROLINA GENERAL WARRANTY DEED TIM DEED made this 16 day of January, 2003.. .., by and between GRANMR I GRANTEE WOLF CAVE INN, INC. BALD MOUNTAIN DEVELOPMENT CORPORATION RECEIVED/DENR/DWR APR 2 9 2015 Water Quality Permitting Sectlor Eater to appropriate block for each party.- same, address, and, if appropriate, character of eatity, eq. corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and sssigus, and Sbail include singular, plural, masculine, femlaine or stater as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby Acknowledged, ban and by these presents does grant, bargain, sell add convey unto the Grantee in fee siuwpie, all that Certain lot or parcel of land sltusW in Wolf Laurel Resort NO.7 Township MADISON County, North Carolina and more particularly described as follows: Beglanisg at a point bested 12.00 feet South of the existing Southwest toraer of the one (1) story building(known as the WoWs Cave Inn (motel site) ideated is the wolf Lanett Resort and being also located ex the property of Wolf Cave Ian, Ine44.23 Acre sitc)(Deed Book 243, Page 672); running thence Ina Southerly direetba 36.00 feet to* point; thence Ina Easterly direction 17.00 feet to a point; thence in a Northerly direction 36.00 feet to a point; thence in a Westerly direction 17.00 feet to the point and prate of beginning. Containing 612 feet .-noes or leas. Being known and designated as s portion of Wolf Cave lath Inc. Property (4.23 Acre Tract) recorded to Deed Book 263, Page 672, Madison County Register of Deeds Office, Madison County North Carolina. Being also the existing sanitary sewer treatment plant and all of the composeats(pipes, maaboles, pumps, etc) which operate and areas iategrai part of said sewer plant. The purpose of this Deed is to convey to Bala Mountain Development Corporation a out half(M) undivided Isterest in the above described real property and the existing sewer facilities Grantor also hereby conveys to Grantee a 25M ft access and utility easement ( leading from Valley View Circle) for purposes of ingress, egress, and regress to the existing sewer plant. Grantor will lavoicc/bill Grantee one half (1/2), on a quarterly basis, of all operating cost in connection with the treatment of stwers within the Sewer Plant, (operating cost "sod as electric service, State Inspectors fees, new egu Ipment, equipment repairs, etc.) At such time the above described Sanitary Sewer plant teases to be and for It's Intended purposes, the described parcel of land in the 25.00 tt. access easement shall revert back to the Grantor. TM propwly bsrsbobswa dwrl "was asWbnd b Gtnatse by hw&mNit roaidid In ! 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S, at tbs data aid thm SW ys dbs apk aid tap sbs sn tb. twee .rAs.di dsr odow 1w - - — -- Isswd Apr 04 2000 #e00.00 state of MADISON North Carolina County Real Ett at • Excise Tax FRM h MADISON County,NC on Apr 041 20M at 04:07.06 PM by. Susan Rector RoOstor of Nods Prepared by: Jack L. Wilson, Jr., Attorney at Law, PO Box 457, Burnsville, NC 28714 NO TITLE EXAMINATION PERFORMED BY ATTORNEY Excise tax: S 800.00 STATE OF NORTH CAROLINA COUNTY OF MADISON WARRANTY DEED DATE: 30 MARCH, 2006 WOLF CAVE INN, INC., GRANTOR, hereby deeds to JAMES E. JONES and wife, PATRICIA A. JONES, GRANTEES; thus; " JC7jr vk tk y V4,4 G''Lle WITN'ESSETH: ISIA,-s //?//, IA16 I S-7�-y FOR TEN DOLLARS AND 00/100 ($10.00) and for other good and valuable considerations, the receipt of which are hereby acknowledged, the GRANTORS do hereby grant and convey unto the GRANTEE, its heirs, successors and assigns, that certain tract or parcel of land lying and situated in No. 7 Township, Madison County, North Carolina, and being more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by reference as if the same were fully set forth herein. TO HAVE AND TO HOLD the hereinabove described parcel or tract of land, together with all rights, privileges and appurtenances thereto belonging unto them, the said Grantees, their heirs, successors and assigns forever. GRANTOR COVENANTS to and with the Grantees, their heirs, successors, and assigns, that it is seized of the foregoing land in fee; that it has the right to convey the same in fee simple; that said land is free and clear of all liens and encumbrances and that it will forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. WOLF CAY4/7n INN, INC. By:t STATE OF NORTH CAA.ROLINA COUNTY OF YANCEY I, SHANDRA Y. PETERSON Notary Public of the aforesaid County and State, do hereby certify that ORVILLE ENGLISH who is the President of Wolf Cave Inn, Inc., a North Carolina Corporation, personally appeared before me this day and acknowledged his due execution of the foregoing INSTRUMENT for and on behalf of said Corporation pursuant to authority duly given him by its Board of Directors. my and hand and notarial seal this the 30th day of March, 2006. Y. Pit ary Public 0'lU briimission expires: I0/25/2007 Water Quaiity Permitting Sectiarr i11-111 y ulat %,cELaux MIUL Vt NitrQUI Ui tang lying ana Situatea in No. 7 "Township, Madison County, North Carolina and being more particularly described as follows: BEGINNING at a point, the Southernmost corner of Lot 665 as shown in Plat Book 3, Page 148, Madison County Registry, and runs thence with the line of that tract, North 27-39 East 34.87 feet, North 39-36 East 92.65 feet, North 07-59 West 125.97 feet to an unmarked corner at the golf course; thence with the line of the golf course, South 42-19 East 324.52 feet to an iron found on the North margin of Spring Valley Drive, a roadway with the right of way width of 60 feet; thence with the North margin of Spring Valley Drive and later Valley View Circle, a roadway with a right of way width of 60 feet, South 83-12 West 134.61 feet to the pc of a curve; thence on a curve to the left with a radius of 697.18 feet, an are distance of 258.25 feet, chord South 70-20 West 256.77 feet; thence South 59-44 West 101.59 feet to the pe of a curve; thence on a curve to the left with a radius of 489.51 feet, an arc distance of 356.25 feet, chord South 38-53 West 348.44 feet; thence South 18-02 West 34.92 feet to the pc of a curve; thence on a curve to the right with a radius143.96 feet, an arc distance of 49.17 feet, chord South 27-49 West 48.93 feet; thence South 33-01 West 112.92 feet to the pc of a curve; thence on a curve to the left with a radius of 145.58 feet, an arc distance of 184.08 feet, chord South 81-21 West 172.06 feet; thence South 45-07 West 214.32 feet to the pc of a curve; thence on a curve to the right with a radius of 247.50 feet, an arc distance of 70.86 feet, chord South 53-19 West 70.62 feet; thence South 62-05 West 106.32 feet to a point near the intersection of Valley View Circle with Wolf Laurel Road, which point is North 63-36 East 147.88 feet from an iron found, corner of Lot 2 shown in Plat Book 3, Page 28, Madison County Registry; thence with the Eastern margin of Wolf Laurel Road, a roadway with a right of way width of 60 feet, the following courses and distances: North 45-10 East 98.36 feet to the pc of a curve; thence on a curve to the left with a radius of 252.87 feet, an are distance of 89.81 feet, chord North 47-47 East 89.34 feet; thence North 37-37 East 111.85 feet to the pc of a curve; thence on a curve to the right with a radius of 279.28 feet, an arc distance of 54.02 feet, chord North 43-09 East 53.94 feet; thence North 48-41 East 51.71 feet to the pc of a curve; thence on a curve to the left with a radius of 250.11 feet, an are distance of 89.92 feet, chord North 38-23 East 89.44 feet; thence North 28-05 East 223.03 feet to the pc of a curve; thence on a curve to the right with a radius of 314.05 feet, an arc distance of 54.62 feet, chord North 33-04 East 54.55 feet; thence North 38-03 East 233.03 feet to the pc of a curve; thence on a curve to the left with a radius of 321.88 feet, an arc distance of 239.04 feet, chord North 17-02 East 230.79 feet to the pc of a curve; thence on a curve to the right with a radius of 196.03 feet, an arc distance of 177.58 feet, chord North 21-59 East 171,57 feet to a point South of Fairway Lane, witnessed by an iron found South 21-55 West 284.36 feet from an iron found on the West margin of Wolf Laurel Road, the Eastern comer of Lot 87 shown in Plat Book 2, Page 113, Madison County Registry; thence South 15-02 East 49.19 feet to the Western corner of Lot 665 shown in Plat Book 3, Page 148, Madison County Registry; thence with the line of that tract, South 43-09 East 313.96 feet to an iron found, continuing same course, 11.93 feet to the point of BEGINNING, and being the same property as described in Deed Book 198, at Page 255, containing 5.28 acres. A A"Am ` +..vvn, a `/` "Ics as rccurueu In Uee(I t300x ZJ6, at Yage 562 to William Ayers and that property conveyed to Bald Mountain Development Corporation as recorded in Deed Book 289, Page 707, Madison County Registry. ALSO CONVEYED unto the Grantees, their heirs and assigns is the reversionary rights, title and interest excepted and appearing of record in Deed Book 289, Page 707, Madison County Registry. ALSO CONVEYED unto the Grantees, their heirs and assigns is any and all rights and interest in the maintenance fees payable to the Grantor as described in Deed Book 238, Page 562, Madison County Registry. THIS CONVEYANCE is SUBJECT TO easements, restrictions, and restrictions appearing of record or as may be apparent from a visual inspection of said property and as shown in Plat Book 4, Pages 317 and 318, Madison County Registry. THIS CONVEYANCE is SUBJECT TO rights of way for roads, easements and water as appears in Deed Book 257, Page 26, Deed Book 238, Page 562 and Deed Book 289, Page 707, Madison County Registry. BY ACCEPTANCE OF THIS CONVEYANCE the Grantees acknowledge and understand that the property, structures and fixtures located thereon are sold "as is," "where is" and there are no warranties, expressed or implied, made by the Grantor as to the condition and performance of said structures and/or fixtures. Further, the Grantees acknowledge and understand that all maintenance, upkeep and/or cost of the sanitary sewer plant located upon said property shall be divided between the Grantees and Bald Mountain Development Corporation solely. The Grantor is relinquished of any and all responsibilities, liabilities or other alleged damages arising in respect to the above - referenced property, fixtures and/or structures. FOR TITLE REFERENCE: See Deed Book 263, Page 672, Madison County Registry. IiCti on. ��` Q Parcel Identification Number /5�! a This is not a cerd I.cation that this Madison County parcel IdentiifiWen 148 ttdbo rnaudtm " deed description. t / - rVl, --- III, afleetioA W51 ure Filed: Madison County, NC 03/24/2014 03:47:40 PM Susan Rector, Register of Deeds Excise Tax: $474.00 Present Record Owner: James E. Jones and wife, Patricia A. Jones Drawn by and Mail to: Raymond A. Burke 4731 Hedgemore Drive, Suite 200 PIN # 9862-02-4024 Charlotte, NC 28209 SP# 13-SP-111 STAMPS: $474.00 STATE OF NORTH CAROLINA SUBSTITUTE TRUSTEE'S DEED MADISON COUNTY THIS DEED, made this 18th day of March 2014, by and between Raymond A. Burke, Substitute Trustee per document recorded in Book 561, at Page 182 Madison County Registry for Best and Best, PLLC, Trustee, in the Deed of Trust hereinafter mentioned, of Madison County, North Carolina, hereinafter referred to as "first party"; and Bayview Loan Servicing, LLC, a Delaware, LLC whose address is 4425 Ponce De Leon Blvd, 5th Floor, Coral Gables, FL 33146 hereinafter, whether one or more, referred to as "second party" (the singular masculine pronoun wherever hereinafter used to be construed as masculine, feminine or neuter and as singular or plural as the context may indicate or require). WITNESSETH, THAT WHEREAS, on August 31, 2007, James E. Jones and wife, Patricia A. Jones, executed and delivered unto Best and Best, PLLC, Trustee, a certain Deed of Trust which is duty recorded in the office of the Register of Deeds for Madison County, North Carolina, in Book 440, Page 1; Loan Adjusted 01/22/09 as shown in BK 479 PG 168 to which reference is hereby made; and whereas, default having occurred in payment of the indebtedness secured by said Deed of Trust and in the performance of the stipulations and conditions therein contained, due demand was made upon the first party by the Holder of the indebtedness secured by said Deed of Trust or part of same that he foreclose the said Deed of Trust and sell the property under the terms thereof; and whereas, under and by virtue of the power and authority in him vested by the said Deed of Trust and in accordance with the terms and stipulations of same after due advertisement as in said Deed of Trust provided and as by law required, the first party at 11:00 AM, on March 5, 2014, did expose the land described in said Deed of Trust, and hereinafter described and 13-1320 party, Substitute Trustee duly reported said sale to the Clerk of Superior Court of said County, as by law required, and thereafter said sale remained open ten days and no advance bid was placed thereon within the time allowed by law; and whereas the said Clerk duly entered and ordered directing and requiring the first party to convey the said land to the second parry by good and sufficient deed upon payment of the purchase price; and whereas said purchase price has been fully paid; NOW THEREFORE, in consideration of the premises and of the payment of the said purchase price by Bayview Loan Servicing, LLC, a Delaware, LLC, the receipt of which is acknowledged, and pursuant to the authority vested in him by the terms of said Deed of Trust, said first party, Substitute Trustee as aforesaid, does hereby bargain, sell, grant and convey unto Bayview Loan Servicing, LLC, a Delaware, LLC, and its successors and assigns, all that certain lot or parcel of land, lying and being in Madison County, North Carolina, and more particularly described as follows: See Attached Exhibit'A' TO HAVE AND TO HOLD the said land, together with all the privileges and appurtenances thereunto belonging, unto said Bayview Loan Servicing, LLC, a Delaware, LLC, its successors and assigns, forever, in as full and ample manner as the first party, Substitute Trustee, is authorized and empowered to convey the same. IN WITNESS WHEREOF, the said first party, Substitute Trustee as aforesaid, has hereunto set his hand and affixed his seal the day and year first above written. /v (SEAL) a A. Burke, Substitute Trustee STATE OF NORTH CAROLINA COUNTY OF I,—Cl p 6% Ve (- 0 W - - - &,,A J, a Notary Public in and for the County and State aforesaid, certify that Raymond A. Burke, Substitute Trustee, personally appeared before me this day and acknowledged the due execution by him of the foregoing attached instrument as Substitute Trustee. WITNESS y han and �o rial. stamp or seal this the day of fth, 201y Notary Public M omm sion Expires: Jeratlfe�C, oGWn Nc +ry CorhmM)n 1 1 1a 13-1320 Book 3, Page 148, Madison County Registry, and runs thence with the line ofthat tract, Nctth27 39 East 34.87 feet, North 39 36 East 92.65 feet, North 07-59 West 125.97 feet to an unmarked comer at the golf course; thence with the line of the golf course, South 42-19 East 32452 feet to an iron found on the North rnarg. of Spring Valley Drive, a roadway with the light ofwaywidth of 60 feet; thence with the North margin of Spring Valley Drive and later Valley View Circle, a roadway with a right of way width of 60 feet, South 83-12 West 134.61 feet to the pc ofa curve, thence on a curve to the left with a radius of697.18 feet, an arc distance of 258.25 feet, chord South 70 20 West 256.77 feet; thence South 59-44 West 101.59 feet to the pc ofa curve thence on a curve to the left with a radius of 489.51 feet, an arc distance of 356.25 feet, chord South 38-53 West 348.44 feet; thence South 18-02 West34.92 feet to the pe ofa curve; ve; thence on a curve to the right with a radius 143.96 feet, an arc distance of 49.17 feet, chord South 2749 West 48.93 feet; thence South 33-01 West 112.92 feet to the pe of a curve; thence crr a cave to theleft with a radius of 145.38 feet, an are distance of 184.08 feet, chord. South 81 21 West 172.06 feet; thence South 45-07 West 214.32 feet to the pe ofa curve; thence on a curve to the right with a radius of 247.50 feet, an arc distance of 70.86 feet, chord South 53-19 West 70.62 feet, thence, South 62-05 West 106.32 feet to a point near the intersection of Valley View Circle with Wolf Laurel Road, which point is North 63-36 East 147.88 feet from an iron found, comer of Lot 2 shown in Plat Book 3, Page 28, Madison County Registry; thence with the Eastern margin. of Wolf Laurel Road; a roadway with a right of waywidth of 60 feet, the following courses and distances: North 45-10 East 88.36 feet to the pe of a curve, thence on a curve o the left with a radius of 252.87 feet, an are distance of 89.81 feet, chord North 47-47 East 89.34 feet thence North 37- 37 East 111.85 feet to the pe ofa curve; thence on a curve to the right with a radius of 279.28 feet, an arc distance of 54.02 feet, chord North 43.09 East 53.94 feet; thence North 48-41 East 51.71 feet to the pe of a curve, thence on a curve to the left with a radius of 250.11 feet, an are'distance of 89.92 feet, chord North 38 23 East 89.44 feet; thence North 28-05 East 223.03 feet to the pe of a curve; thence on a curve to the right with a radius of 314.05 feet, an are distance of 54.62 feet, chord North 33-04 East 54.55 feet; thence North 38-03 East 233.03 feet to the pe of a carve; thence on a curve to the left with a radius of 321.88 feet, an are distance of 239.04 feet chord North 17-02 East 230.79 feet to the pc of a curve, thence on a curve to the right with a radius of 196.03 feet, an are distance of 177.58 feet, chord North 21-59 East 171.57 feet to a point South of Fairway Lane, witnessed by an iron found South 21-55 West 284.36 feet from an iron found West margin ofWolf Road, the Eastem comer ofLot 87 shown in Plat Book2, Page 113, Madison County Registry, thence South 15-02 East 49.19 feet to the Western, comer of Lot 665 shown in Plat Book 3, Page 148, Madison County Registry;ffie=with the fine, ofthat tact, South 43-09 East 313.96 feettoan iron found, continuing same course, 11.83 feel to the point of BEGINNING, and being the same property as described in Deed Book 198, at Page 255, containing 5.28 acres. LESS AND EXCEPTING 1.05 acres as recorded in Deed Book 257, at Page 26 to Frank B. Cook, a .424 acmes as recorded in Deed Book 238, at Page 562 to William Ayers and that property conveyed to Bald Mountain Development Corporation as recorded in Deed Book 289, Page 707, Madison County Registry. ALSO CONVEYED unto the Grantees, their heirs and assigns is the reversionary rights, title and interest excepted and appearing of=ord in Deed Book 289, Page 707, Madison County Registry. ALSO CONVEYED unto the Grantees, their heirs and assigns is any and all rights and interest in the maintenance fees payable to the Grantor as described in Deed Book 238, Page 562, Madison County Registry. THIS CONVEYANCE is SUBJECT TO casemcrrts, restrictions, and restrictions appearing ofrecord or as may be apparent from a visual inspection of saidproperty and as shown in Plat Book 4, Pages 317 and 318, Madison County Registry, THIS CONVEYANCE is SUBJECT TO rights of way for roads, easements and water as appears in Deed Book 257, Page 26, Deed Book 238, Page 562 and Deed Book 289, Page 707, Madison County Registry. BY ACCEPTANCE OF THIS CONVEYANCE the Grantees acknowledge and understand that the property, structures and fixtures located thereon are sold "as is," "where is" and there are no warranties, expressed or implied, made by the Grantor as to the condition and performance of said structures and/or fixtures. Further, the Grantees acknowledge and understand that all maintenance, upkeep and/or cost of the sanitary serf plant located upon said property shall be divided between the Grantees and Bald Mountain Development Corporation solely, The Grantor is reh�of any and all responsibilities, liabilities or other alleged damages arising in respect to the abovoowfserr xd property, fixtures and/or structures, FOR TITLE REFERENCE: See Deed Book 263, Page 672, Madison County Registry. 13-1320 Thi ' not a certification that this Madison County Parcel Identification Number In this eed description ID Tax Collecti S Signature Date m nrnnnragni11111I1111! ill Filed: Madison County, NC 10/26/2010 02:13:13 PM Susan Rector, Register of Deeds Excise Tax: $1,400.00 Prepared By: Staunton Norris, Attorney at Law, PO Box 548, Burnsville, NC 28714 STATE OF NORTH CAROLINA SPECIAL WARRANTY DEED COUNTIES OF YANCEY & MADISON DATE: �� ,� E��, 2010 This Property fdees / does not include any portion of Grantor's rims residence. Yancey County Parcel No(s). P o�?t o9S863.04-81-4074 Primary sib. nce. Madison County Parcel No(s); �; a portion of Pin #985291713.� 862012705 _/ Excise Tax; $1,40Q.40 (PJ9VA6LE `thy tkoDlSor4 0-0"N� /VO 9�-s& ly*vccyc 1. Verified by Yancey County on the day of��, 2010 BY: _ Verified by Ma_ di _,son County on the y� - - a�.�el�S day of,r�'., 2Q 1 Q By: BALD MOUNTAIN DEVELOPMENT CORPORATION, a Tennessee Corporation, authorized to do business in the State of North Carolina, of 63 Village Lane, Mars Hill, NC 28754, GRANTOR, hereby deeds to WOLF LAUREL PROPERTY OWNERS ASSOCIATION, a North Carolina non profit corporation, of 784 Wolf Laurel Rd, Mars Hill, NC 28754, GRANTEE, thus; WITNESSETH: FOR TEN DOLLARS AND 01100 ($10,00) and other good and valuable considerations, the receipt of which are hereby acknowledged, the GRANTOR does hereby bargain, sell and convey (subject to the exceptions and reservations hereinafter set forth, if any,) unto the GRANTEE, its successors and assigns, those certain parcels or tracts of land lying and being in No. 7 Township, Madison County, North Carolina and Egypt Township, Yancey County, North Carolina, and being more particularly described as follows: FIRST TRACT: LYING AND BEING IN NO. 7 TOWNSHIP, MADISON COUNTY, NORTH CAROLINA. BEGINNING on an existing iron pin in the western line of Lot No. 15 as shown at Plat Book 3, Page 33 of the Madison County Deed Registry and running thence with said Iine S 05 50 04 E 31.37 feet 1 µ =u11�aA corner with John Luranc and his wife as their propa --- Madison County Deed Book 266, Page 775; thence with ihei line is 67 55 W described 238:18 feet to an iron pin set on the eastern margi Laurel Road; thence with the margin of said n of the right of way for Wolf right of way the following courses and distances: N 09 45 06 E 34.03 feet to a point, N 05 42 28 W 32.32 feet to a Point, N 0140 42 W 73.01 feet to a point, N 00 08 59 W 121.17 feet to a point, N 05 13 05 E 9420 feet to a point, N 16 52 58 E 50.45 feet to a point, N 22 2124 E 58.60 feet to a point, N 42 24 02 E 63.16 feet to a point and N 46 49 05 E 82.62 feet to a point; thence upon a curve to the left having a radius of 219.50 feet and a length of 99.58 feet, a bearing and chord distance of N 3132 06 E 98.73 feet to a point; thence N 16 0127 E 140.35 feet to a to a point; thence on a curve to the right having a radius of 80.50 feetEand a lengthfeet of 53.58 feet, a bearing and chord distance of N 5109 36 E 53.25 feet to a poin; thence N 70 28 13 E 15.02 feet to a point; thence on a curve to the left having a radius of 219.50 feet, a length of 39.15 feet and a bearing and chord distance of N 65 2139 E 39.10 feet to a point; thence N 60 4157 E 39.09 feet to a point; thence N 64 08 11 E 100.49 feet to a point; thence N 60 24 26 E 34.63 feet to a point on the eastern margin of Valley View Circle; thence leaving Valley View Circle and crossing a creek S 57 13 41 E 263.65 feet to an iron pin set on the margin of Valley View Circle; thence on a curve to the left having a radius of 145.21 feet, a length of 29.88 feet, a bearing and chord distance of S 05 20 16 W 28.83 feet to a Point; thence S 00 21 25 E 101.59 feet to an iron pin set; thence S 55 25 06 W 36.87 feet to a control corner consisting of an existing iron pin for Lot No. 2A as shown on a map and plat of record in the Madison County Deed Registry at Plat Book 2, Page 199; thence with the line of Lot No 2A S 45 36 40 W 103.57 feet to an iron pin at a common corner with Lot No. 1; thence with the line of Lot No. 1 S 42 45 02 W I44.21 feet to an iron pin set; thence continuing with the line of Lot No. I S 35 46 36 E 115.49 feet to an iron set at the margin of the right of way for Village Lane; thence crossing Village Lane S 35 46 36 E 25.63 feet to an iron pin set on the southern margin of the right of way for said road; thence on a curve to the left having a radius of 173.79 feet, a length of 35.31 feet, a bearing and chord distance of N 84 18 39 E 3525 feet to a point on the margin of said right of way; thence continuing with the margin of the right of way of Village Lane N 78 46 30 E 54.47 feet to an iron pin set at the corner of the intersection of the rights of way between Village Lane and Southgate Road; thence with the margin of the right of way of Southgate Road S 18 09 00 E 27.24 feet to a point; thence on a curve to the right having a radius of 29.70 feet, a length and cord distance of S 17 45 18 W 34.83 feet to a poit thence S 53t39 2 W bearing 0.21 hfeet to a point, thence on a curve to the left having a length of 5.06 feet, a radius of 126.96, a bearing and chord distance of S 52 27 56 W 5.06 feet to a point; thence on a curve to the left having a length of l I5.09 feet, a radius of 126.96 feet, a bearing and chord distance of S 25 21 16 W 111.19 feet, thence on a curve to the right having a radius of 97.43 feet, a Iength of 68.98 feet, a bearing and chord distance of S 19 40 06 W 67.55 feet to a point; thence leaving Southgate Road and 2 YKAA all" 1V Gy 1 J 33 W yS.67 feet to a point on the centerline of a 30-foot right of way; thence N 29 13 55 W 7895 feet to an iron pin at the northeast corner of Lot No. 14; thence continuing with the line of the said Lot No. 14 S 57 47 13 W 163.89 feet to an iron pin set at the northernmost corner of Lot No. 15; thence with the line of Lot No. 15 S 48 15 05 W 118.17 feet to an iron pin set and S 07 34 21 W 100.17 feet to the point of BEGINNING, containing 9.90 acres according to a map and plat of a survey by Surveying Dimensions, Donald D. McEntire, Registered Land Surveyor No. L-4183, dated 10 December, 2005 and bearing the Map No. 05-0499. THIS CONVEYANCE is made subject to that certain Agreement Regarding Amenities Access and Easement recorded in Yancey County Deed Book 555, Page 494 and Madison County Deed Book 430, Page 303, between Bald Mountain Development Corporation and The Preserve at Wolf Laurel, LLC. RESERVING unto Bald Mountain Development Corporation, it's successors and assigns, all of the easements and rights granted to The Preserve at Wolf Laurel, LLC as set forth in the aforesaid Amenities Agreement and Easement which reservation shall arise upon the termination of said agreement for any reason. This reservation shall exist and continue thereafter until 31 May, 2015, during which period all of the rights and easements extended in said agreement to The Preserve at Wolf Laurel, LLC, shall be possessed and may be exercised by Bald Mountain Development Corporation, it's successors and assigns. THIS CONVEYANCE is made subject to easements and rights of way of record for roads, utilities and other matters including but not limited to those shown on the aforesaid map and plat of record in the Madison County Deed Registry. ALSO CONVEYED HEREWITH are perpetual and nonexclusive easements and road rights of way over and upon existing roads in Wolf Laurel Development which lead to and from the hereinabove described premises and the public road in Madison County. EXCEPTING AND EXCLUDING HEREFROM the following described parcel or tract of land: BEGINNING on a p/k nail set in the paved parking area of the above -described 9.80 acre parcel or tract of land which p/k nail is located N 43 34 57 W 143.76 feet from the western corner of Lot 1 described at Plat Book 2, Page 199 of the Madison County Deed Registry, which corner is located N 35 39 34 E 583.68 feet from an iron pipe found and designated a control corner of Lot 15 at Plat Book 3, Page 15 of the Madison County Deed Registry; thence from said p/k nail set with a new line S 49 02 19 W 120.12 feet to a p/k nail set in the paved drive; thence N 42 41 17 W 92.13 feet to a reference iron rod and cap set; thence the same course 15.19 feet to a point in Wolf Laurel Branch; thence with the centerline of the branch N 21 20 51 E 28.07 feet to a point, N 31 10 40 E •.__" it 'AV11 rva aria cap Is located N 59 29 00 E 24.52 feet from another ron rod found; thence S 47 55 05 E 109.07 feet to an iron rod and cap found; thence the same course 11:00 feet to the point of BEGINNING, containing 14,661 square feet, according to a map and plat of a survey by Mattern & Craig, dated 29 j September, 2010, being pin #985298005 and a portion of pin #9852-91-7133. TOGETHER WITH a perpetual and nonexclusive easement and road right of way to travel over and through roads leading to and from the hereinabove described exception parcel as well as the 9.80 acre parcel for Puoses egress and regress (both pedestrian and vehicular) from the pubIiicmroad. of ingress, SECOND TRACT; LYING AND BEING IN NO. 7 TOWNSHIP, MADISON COUNTY, NORTH CAROLINA- BEGINNING on an unmarked point in the margin of Valley View Drive located S 57 13 41 E 63.33 feet from the terminus of the 21 st call in the description of the First Tract hereinabove and running thence from said point N 36 01 24 E 302.74 feet to an unmarked point; thence S 57 13 41 E 140.32 feet to an unmarked point on the centerline of Valley View Circle; thence S 09 07 25 E 94.50 feet with said line to an unmarked point on the centerline of said drive, thence S 36 01 24 W 239.74 feet to an unmarked point on the western margin of Valley View Circle; thence N 57 13 41 W 200.32 feet to the point of BEGINNING, containing 1.347 acres according to a map and Plat of a survey by Mattern & Craig, dated 7 November, 2007, being a portion of Pin #9852-91-7133. EXCEPTING AND EXCLUDING HEREFROM are perpetuand non- exclusive easements and rights to take and use water from Well Nos 14 and 15 al located upon the hereinabove described parcel or tract of land together with rights Of ingress, egress and regress to go upon said parcel or tract of land for purposes of maintenance, inspection, improvement and repair of said wells, water transmission lines leading to and from the same as well as the installation of additional water transmission lines. This exception is unto the GRANTOR, it's heirs, successors and assigns, including but not limited to Carolina Water Service, it's successors and assigns. THE CONVEYANCE of this Second Tract is made subject to the sixty -foot right of way for Valley View Circle as the same may traverse the hereinabove described 1.347 acre parcel. ALSO CONVEYED HEREWITH unto the GRANTEE, its successors and assigns, are the strips of land, if any, lying and being located to the West, North, and East of the hereinabove described 1.347 acre parcel between the boundaries of said parcel and the inside margins of the 60-foot right of way of Valley View Circle. 4 -- - - -x. All axtu [O rnat certain parcel or tract of 16 land vaydeed dated January, 2003 from Wolf Cave describedinInn, Inc. to Bald Mountain Development Corporation appearing of record in the Madison County Deed Registry at Deed Book 289, Page 707 containing 612 feet, more or less, together with access and utility easements to and from the same and subject to the reversionary provisions thereof, reference to which deed is hereby made for the incorporation of a metes and bounds description of said parcel, the easements and rights of way to and from the same and the reversionary clause to take effect in the event said parcel should ever cease to be used as a sanitary sewer plant. FOURTH TRACT: LYING AND BEING IN NO. 7 TOWNSHIP, MADISON COUNTY, NORTH CAROLINA. BEING a strip of land ten feet in width consisting of the existing Nature Trail and commencing at its point of intersection with the 150 foot right of way for Walnut Mountain parkway with Wolf Laurel Road, adjacent to the property of Ann Marks described at Deed Book 394, Page 294 of the Madison County Deed Registry and continuing thence with the centerline of said nature trail as presently constructed traversing the Walnut Mountain Parkway for approximately 0.7 miles until the point where said centerline arrives at the boundary of Wolf Laurel ResortSaid parcel of land to be ten (10) feet in width as measured five (5) feet on either side of the above referenced centerline from its point of commencement to the boundary line of the Wolf Laurel Resort. THIS CONVEYANCE is made subject to the rights of property owners in the Wolf Laurel Resort to use the Nature Trail as above described. FIFTH TRACT: LYING .AND BEING IN EGYPT TOWNSHIP, YANCEY COUNTY, NORTH CAROLINA. BEGINNING on a No. 3 rebar found, which No. 3 rebar is located at the southern margin of the 60-foot right of way for Birch Spring Lane and running thence across the right of way of Birch Spring Lane N 3 27 33 W 46.26 feet to a point on the northern margin of said right of way; thence on a curve to the right having a radius of 308.79 feet, a length of 66.25 feet, a delta angle of 12.29, and a bearing and chord distance of S 37 54 31 E 66.13 feet to a point on the margin of said right of way; thence S 3145 33 E 84.94 feet to a Point; thence crossing Angelico Ridge Road N 64 01 05 E 40.00 feet to a No. 3 rebar with identification cap set; thence the same course 52.98 feet to a No. 3 rebar set with identification cap in the line of the U.S. Forest Service tract as the same is shown and reflected at Plat Book 2, Page 268 of the Yancey County Deed Registry; thence with the line of the U.S. Forest Service S 25 58 55 E 124.12 feet to an iron Pipe found located N 33 11 48 W 166.92 feet from another iron pipe found; thence S 78 26 14 W 100.19 feet to a No. 5 rebar found with identification cap located N 39 34 39 E 230.98 feet from a common corner between Trustland Partners, LLC property described at Deed Book 517, Page 237 and Douglas W. Bushong and wife, Elizabeth; thence N 52 31 20 W 97.62 feet to a No. 5 rebar `rwg, (sated October 9 2010. --r -� ysu� vi a survey ALSO CONVEYED HEREWITH are tual and road rights of way to travel over and upon existing subdivision roadand nonexclusive s in the Wolf Laurel Resort leading to and from the hereinabove described property and the public road. THIS CONVEYANCE is made subject to the rights of way for private roadways shown as Birch Spring Road (60 feet), Angelico Ridge Road (100 feet), and Town Mountain Road (100 feet), as the same traverse the hereinabove described 0.43 acre parcel or tract of land and which appear of record on maps and plats recorded in the Yancey County Deed Registry at Plat Book 1, Page 52B, Plat Book 2, Page 26B and Plat Book 2, Page 27B. SIXTH TRACT: LYING AND BEING IN EGYPT TOWNSHIP, YANCEY COUNTY, NORTH CAROLINA- AND BEING Lot 4 of Overlook Village at Blue Mountain as shown on a reap and plat of record in the Yancey County g Registry at Plat Book 2, Page 141-B, reference to which is hereby made for incorporation of the metes and bounds description of said lot. THIS CONVEYANCE is made subject to the Declaration of Restrictive and Protective Covenants applicable to Overlook Village of record in the Yancey County Deed Registry at Deed Book 219, Page 28 as amended at Book 219, Page 652 and all subsequent amendments thereto which appear as a matter of public record. FOR TITLE REFERENCE: see Yancey County Deed Book 345, Page 295 and Book 378, Page 496. SEVENTH TRACT: LYING AND BEING IN EGYPT TOWNSHIP, YANCEY COUNTY, NORTH CAROLINA. BEING Lot 143, as shown on a map of Revised Sheet 2, Section 4, Wolf Laurel Heights, dated July, 1973, made by Matheson, Hintz & Associates, Consulting Engineers and Land Surveyors, Fletcher, North Carolina, of record in the Register's Office or Yancey County, North Carolina in Plat Book 2, Page 3, and reference to which is hereby made for the incorporation of the metes and bounds description of said lot. THIS CONVEYANCE is made subject to the Declaration of Restrictive and Protective Covenants applicable to Wolf Laurel Heights appearing of record in the Yancey County Deed Registry at Deed Book I H Page 120, and a1I subsequent amendments thereto which appear as a matter of public record. FOR TITLE REFERENCE: See Yancey County Deed Book 188, Page 525 and Deed Book 193, Page 71. 6 ana 1%11LZS' Pnviteges and appurtenances thereto belonging, vunto it,the1said GRANTEE, its successors and assigns, to their only use and behoof fore ver. GRANTOR COVENANTS to and with GRANTEE, its successors and assigns, that it has the right to convey the hereinabove described property subject to the exceptions and reservations set forth in this instrument in fee and that during its ownership of the same, it has done no act to diminish the title to said property. IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be executed by its President, pursuant to authority duly given the day and year first above written. by its Board of Directors, this BY: STATE OF COUNTY OF I, do hereby certify that WILLIS W Notary Public for said county and state, DEVELOPMENT, INC., personally appeared before me this o is the President of BALD MOUNTAIN due execution of the foregoing instrument on behalf of said corporation pursuant ed It s authority duly given to him for all purposes therein expressed. WITNESS my hand and Notarial Seal this the &Aday of • -•..7 •�� `'� +s NO AR UBLIC *.Vol • : �'b t My Commission Expires .,..•Ct y .......�. ate•,,,, S°' � z. INSIDE THIS BOX ONLY: 7 1111111111111111111111111 -%mill I\C4lV►, rceglsleror ueeds DRAWN BY AND MAIL TO: RAYMOND A. BURKE 4731 Hedgemore Drive, Suite 200 Charlotte, NC 28209 NOTICE OF A FORECLOSURE OF A DEED OF TRUST MADISON COUNTY, NORTH CAROLINA Date: H 10 _ aid 1LI Parcel Identifier No.: 9862-02-4024 File No: 13-SP-111 Names of all parties to the original instrument: Grantor: James E. Jones and wife, Patricia A. Jones Trustee: Best and Best, PLLC Beneficiary: Creative Financial Services of Tampa Bay, Inc. The undersigned Trustee hereby files this Notice of Foreclosure on that debt or other obligation in the amount of $412,500.00 secured by the Deed of Trust executed by the Grantor to the Trustee for the benefit of the Beneficiary and recorded in the Madison County Register of Deeds Office in Book 440 at Page 1; Loan Adjusted 01/22/09 as shown in BK 479 PG 168 pursuant to the provisions of G.S. 45-38. Said Deed of Trust was foreclosed on March 5, 2014 and the lands conveyed thereby to Ba 'ewwLo n�Servicing, LLC, a Delaware, LLC by Trustee's Deed recorded on aql , in Book _�K_ at Page v Q� _ (Substitution of Trustee recorded in Book 561, at Page 182) 13-1320 aymo d A. B rke, Substitute Trustee STATE OF NORTH CAROLINA MECKLENBURG COUNTY I, �Q� ��-(- C 4' `��i a Notary Public of County, North Carolina, do hereby certify that Raymond A. Burke, Substitute Trustee, ersonally appeared before me this day and acknowledged the execution of the foregoing Notice of Foreclosure. Witness my hand and notarial seal this D_ day of , 20—PL, My commission expires: Not Fublic The foregoing Certificate(s) of c is certified to be correct. This the day of 13-1320 20 Deputy/Assistant James & James Environmental Management, Inc. 3801 Asheville Hwy., Hendersonville, N. C. 28791 OFFICE: (828) 697-0063 FAX: (828) 697-0065 RECEIVEDIDENROWR APR 2 0 2015 N. C. Department of Environment and Natural Resources Water Quality Division of Water Quality/NPDES Unit Permittinq Scctior 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James Environmental Mgt., Inc. To Whom It May Concern: Sludge from this facility (Wolf Laurel POA WWTP NC0082716) is pumped by Mike's Septic Tank Service and is permitted to be dumped at Brevard Waste Treatment System and MSD. Sinicer�ely Juanita es James and James Environmental Mgt., Inc. jjemi@bellsouth.net +� JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX April 6, 2015 Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Wolf Laurel POA Dear Mr. Menzel, During this permit renewal process there are a few items held within the permit for Wolf Laurel POA that we would appreciate being considered as a change in the permit. (1) We would appreciate consideration in making the "open" season for this system to be between the months of April to October. During the remaining months there are minimal people on site and minimal water usage. We propose pumping out the chlorine contact chamber and the clear water from the clarifier to ensure a NO FLOW condition. (2) We would appreciate consideration in reducing the monitoring visits for the ORC to 1 time per week during the "closed" season. This would ensure that the winter rains and snows had not increased the water level in the system to promote flow. If it does seem to be reaching a point of discharge we shall pump the facility again to obtain the level reflecting a NO FLOW status. (3) We would appreciate consideration in. removal of the Oil and Grease sampling requirement. There are no kitchens on this system; seasonal or year round. There is also no plans in the future to have a kitchen in any of the existing buildings and no plans to expand. (4) We would appreciate consideration in removing the .requirement for continual flow monitoring to a grab flow. While there are water meters on the two individual entities, with the water breaks and other issues outside the systems control, these flows are not accurate. The ORC would like to request permission to do instantaneous flow measurements to show the actual. flow reaching the waste water plant. This well is not owned by Wolf Laurel POA but is owned and operated by Carolina Water. Thank you for taking the time to review above requested. James & James believes that these changes will be a great asset to the small Wolf Laurel POA community with the great ,financial burden of the facility. If I can assist you with any matter with regard to the permit or any other needs, please contact me. Wit egards, anita James NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <LO MGD Mail the complete application to: N. C. DENR I Division of Water Quality !NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-161.7 NPDES Permit NCO082716 If you are completing this form in computer use the TAB key or the up — down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Othemise, please print or type. 1. Contact Information: Owner Name Wolf Laurel POA & Bay'vieNv dba Wolf Cave Inn Facility blame Wolf Laurel POA WW—TP Mailing Address 91 Village Lane City Mars Hill State Zip Code NC 28754 Telephone Dumber 828-689-4597 Fax Number e-mail Address jland*-@%volflaurelpoa.com 2. Location of facility producing discharge: Check here if same address as above 13 Street Address or State Road 125 Iv'alley Kiev Circle City Mars Hill State Zip Code NC 29754 County Madison RECEIvEDIDENRDWIR APR 2 0 2015 1Nater. Qu Permittn1q oon 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (vote that this is not referring to the Operator in Responsible Charge or ORC) Name Wolf Laurel POA & Bay -view dba Wolf Cave Inn Mailing Address 91 Village Lane City Mars Hill State / Zip Code NC 28754 Telephone Number 828-689-4597 Fax Number e-mail Address ilandry@\A,,olflaurelpoa.com 4. Description of wastewater: Facility GeneratinV7tewater. ill that a alp Industrial Number of Employees Commercial Number of Employees 5 -12 Residential Number of Homes 2 School Number of Students/Staff Other Ex 1p ain: See below Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): One half owner — Multi room Inn currently not in use. One half owner — Property Owners Asso. with minimal usage during winter season and moderate usage during the summer with weekly events. of persons served: 5 average (off season), 10 to 20 normal and 50 at summer events. 5. Type of collection system X Separate (sanitary sewer only) Combined (storm sewer and sanitary sewer) b. Outfall Information: Number of separate dischargLpourts 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? Yes X No 7. Name of receiving stream(s) (NEW go icants: Provide a map showing the exact location of each outfall): Wolf Laur Branch S. Frequency of Discharge: X Continuous Intermittent If intermittent: Days per week discharge occurs_ Duration: 9, Describe the treatment system List all installed components, including capacities; provide design removal for BOD, TSS; nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. A 0.007 MGD extended aeration system with flow equalization tank, aeration basin, clarifier with sludge return, sludge holding tank, chlorination, dechiorination, flow meter. 10. Flow Information: Treatment Plant Design flow 0.007 MGD Annual Average daily flow .0.0008 MGD (for the previous 3 years) Maximum daily flow 0.0008 MGD (for the previous 3 years) IL Is thisfacifily located on Indian countq? Yes X NO 12. Effluent Data NEWAPPIKANIA Provide datafor the parameters listed:Fecal Coliform Temperature and pHshall be grab samples for all other parameters 24-hour composite sampling shall be used If more than one analysis is reported, report daily maximum and monthly average ffanly one analysis is reported, report as daily maximum, RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months for parameters currently in your permit. Mark other parameters "N/A". .7- Parameter I Dail, Maximum Monthly' Average Units of Wasurement Biochemical Oxygen Demand (BOEQ 38.0 28.0 MG Fecal Colilorm 400 0.0 CFU/100NIL Total Suspended Solids 37.0 26.0 N4G/l, Temperature, (Summer) 19.0 18.0 C temperature (Winter) 14.0 12.0 C pH 7.8 1 7.7 ullit.,; 13. List all pertnits, construction approvals and/or applications: 'l)ype Permit Number Ivpe Permit Number Hazardous 'Waste (kCkA) NNESHAPS (CAA) UlC (SDWA) Ocean Dumping Qk1PRSA) INPDES NC0082.72Ei Dredge or fill (Section 404 or CWA) PSD (C-AA) Other Non -attainment pmgxam (CAA) 14. APPLICANT CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Person Signing Title A "� 4'V-'&C44"* /s- Aig e of Applicant Date ,,natuT aaxrecording or monitoring device or method mQuired to be operated or maintained under Article 21 or regulatiotis of the litivironmental \ Management Commission implementingthat Article, shall be guilty of a tnisderneanor punishable by a fine not to exceed $25 00O. or h , J 1 of 3 Form-D 11/12