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NC0055611_Historic_Efile_20201109
Davidson, Landon From: gsh <gshook@caIdwelIcountync.org> Sent: Tuesday, June 14, 2016 2:54 PM To: 'Sue Glenn'; Wiggs, Linda Cc: 'Paul Isenhour'; Chad Gambill Subject: RE: Blackberry Ridge Septic Easements Attachments: 20160614150108209.pdf; BK1897 PG 728-734 DRAINFIELD EASMENT AGREEMENT.pdf, BREMCO AGREEMENT BK1897 PG1154-1157.pdf, PB32 PG82 SEPTIC EASEMENT PLAT.pdf, BK1197 PG 726-727 SG TO BLACKBERRY CONDOMINIUM ASSN.pdf Sue and Linda- Attached is your permit (V attachment)for the Blackberry Condos subsurface septic system along with the necessary attachments (following attachments). Please pass this information on to your installer. I have on the permit that we will want a preconstruction meeting briefly before the install at the site,just to make sure we are all on the same page. Linda, once the system is installed I will let you know. Per the permit we will have to have the existing tanks properly abandoned, I am not sure if that is something your department needs to see or not but let me know if you do and I can let you know. Also per your last email I assume you will also rescind the old permit correct after our install correct? Thanks 931i4 R4w#, R.5gs Caldwell County Environmental Health Program Coordinator 2345 Morganton Blvd. Lenoir, NC 28645 Office—(828)426-8582 From:Sue Glenn [mailto:sueglenn@blowingrockrealty.com] Sent: Friday,June 10, 2016 2:44 PM To: Gloria Rhoney; Linda Wiggs 1 Cc: Paul Isenhour Subject: Blackberry Ridge Septic Easements Dear All, OK. Everything is recorded (see attached). We are waiting to hear back from Jordan Triplett about his timetable and estimated costs. What else do you need from me? Thank you! Sue Glenn 828-295-9861 z Davidson, Landon From: Sue Glenn <sueglenn@blowingrockrealty.com> Sent: Friday, November 11, 2016 2:45 PM To: Wiggs, Linda Cc: Paul Isenhour; Gloria Rhoney Subject: Re: Blackberry Sewer Plant has been pumped Attachments: Permit rescission letter.pdf; Sewer pictures 10-31-16.pdf;Jim Greene bill 11-1-16.pdf; Triple T bill.pdf Linda, I'm attaching here a copy of my rescission request letter, pictures of the disabled plant and site, and copies of the paid bills for Triple T Pumping and Jim Greene's Backhoe Service. I am sending the same package to Mr. Sledge. Is there anything else I need to do? Thank you, Sue Glenn Blackberry Sewer System 828-295-9861 From: Wiggs, Linda Sent: Wednesday, October 26, 2016 4:58 PM To: Sue Glenn Cc: Paul Isenhour ; Gloria Rhoney Subject: RE: Blackberry Sewer Plant has been pumped Goods news. Go ahead and send me a cc of the Triple T receipt. You can scan it and send it to my email if that suits you. Please send me pics of the cleaned out WWTP, contact chamber and the disconnected pipe. You need to cover/fill close out the contact chamber in the manner you chose,,,,I think you planned on filling it? I will try to get out there next month, however you do not need to wait on my visiting the site to do any of these tasks,please proceed. Also proceed with sending your letter to request rescission of your permit as I instructed in the 10/13/2016 email. I am not sure what your second paragraph below meant, so I assume that was directed to Gloria? Q" o� Environmental Senior Specialist—Asheville Regional Office Water Quality Regional Operations Section NCDEQ— Division of Water Resources 1 828 296 4500 office 828 299 7043 fax Email: linda.wiggs(cDncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 BE- J"Whhv Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sue Glenn [mailto:sueglenn@blowingrockrealty.com] Sent: Wednesday, October 26, 2016 10:41 AM To:Wiggs, Linda <linda.wiggs@ncdenr.gov> Cc: Paul Isenhour<waterqualitylabs@yahoo.com>; Gloria Rhoney<grhoney@caldwellcountync.org> Subject: Blackberry Sewer Plant has been pumped Linda, Paul, The folks at Triple T Pumping tell me that the sewer plant tank and contact chamber were pumped on Monday and are ready for inspection. What do I need to do next? The surveyor was also out on Monday to finish definition of the tank placement and BREMCO access. He will be sending me a sketch for approval later today and we should be able to get that paperwork finalized by early next week. Thanks, Sue Glenn Blackberry Sewer System 828-295-9861 2 Caldwell County Health Department 2345 Morganton Blvd , Lenoir NC 28645 O11Site Water Protection Permit IP : (828) 426-8579 Fax: (828) 757-6864 Improvement Permit I F Construction Authorization Permit # 23860 New System (] . Expansion I [J Repair PIN 4 2817615550 Lot size: .5 (sq.. F4. JAcre) Issued to: Blackberry Ridge Condos Homeowners Association Sub ivision: BlacF erry ge Lot No. NA Section : Nq Address of the Property: 5970 Blowing Rock Blvd. Directions to site: From Lenoir take 321 N toward Blowing Rock. Just before town of Blowing Rock, condos are on the right Facility Type: 12 bedroom condominium # Of Bedrooms 12 Basement: Yes No Basement Fixtures: Yes No Design Wastewater Flow: 1440 (gal/day) IType of water supply: public Expiration Date: Syears The issuance of this permit by CCHD in no way guarantees the issuance of other permits. The permit holder is responsible for checking with appropriate governing bodies in meeting their requirements. This permit is subject to revocation if the site plan, plat, or intended use changes. I accept the system type and site plan/layout as specified on the IP/CA. Applicant / Legal Representative Signature : Date : Not To Scale Permit is to install a pressurized (pump to) 10" large diameter pipe initial system. Ensure that the following conditions are followed upon install: -Install -system as drawn on attached Maps A & B (Based on proposal by Land Resource Management signed 12/15/15 by Gloria Phoney. - Installation may likely need to be hand installed if a machine cannot manage. If a trackhoe/backhoe is used, do not bench the slope. Boulders at the surface can be rolled downhill, off of system area. - Divert any surface water drains around the system. -Tank bottoms must be placed on undisturbed soil. It is likely that plastic tanks maybe necessary in order to get placement as drawn. - Ensure that all parts of system, including tanks and supply lines are installed within the recorded easement (see attached map by Snyder Surveying Book 32 Page 82). - Ensure all requirements of BREMCO encroachment agreement are followed (see attached agreement Book 1897 Page 1154-1157). -System details are as follows: ' Force main diameter: 3" Pump Requirements: must be able to pump at least 7.1 ' at 60.39 gallons per minute u Dosing Volume: 494gal/dose - - Tapsizes: all 1 /2" diameter taps Pump off float elevation must be lower than pressure manifold elevation (the pump must pump uphill) Pump must have anti-siphon hole -Ensure that the existing tanks for the existing DWR system are properly abandoned. -Do not grade or fill over system or repair area. .. - PRECONSTRUCTION MEETING ONSITE REQUIRED PRIOR TO INSTALL. PLEASE CALL (828) 426-8582 or (828) 426-8579 Initial: 10" Large Diameter Pipe Repair: DRIP Total Length Trench Width Min: Spacing Max Trench Depth Septic Tank Pump Tank Distribution 1152 (h.) 12 (in.) 7.5 (ft.) an center 1g . (in.) lowside 2200 min (gaL ) 1466 min (gal.) ump to regsi ire me nf( d Common setbacks Well : 100 (fL) Spring: 50 ift.) Building Foundation : 5 (ft.) Property Line : 10 (ft.) Waterline : 10 (ft ) Installation Requirements : Cutbank: 15 (ft.) Stream : 50 (ft.) j) A valid CA is required for system installation. Contractors must call CCHD between 8-9am to schedule final inspections 2) Nitrification lines represent approximate, contours only. The contractor must flag the system within the approved area prior to beginning the installation to ensure prppergrade trench depth and spacinl; is maintained 3) The construction and installation requirement of Rules .1950, . 19521 .1954, .1955, .1956, '19570 . 1958, and . 1959 are incorporated by reference into this permit and shall be met 4) Systems shall be installed in accordance with the system layout depicted on the CA 5) If you have questions regarding any of the permit conditions or installation requirements contact CCHD at 828-426-8579 Issue Date REHS Signature : / / m � - / s M - � L 00000 m o iI toe co Ld 0 ,�� 4 N LO G. �! ` p off, O 04 . 2. �p i m to co Ir W II II I A \ / 1- Q Cr m U Q U �n I / w N Pr d00000p , / m a 9 I 000010 vooNo� / --� a % �b ZZ a 1 t.5 a Z !ng ' 1 � a � �- � coto z GY 00 ca iol Ld � 0C� i� ` wro Z !1. ow CD r, o / �I Oma D PFF ZA `I vi a 00 �: ( G � > N ice/ •\!�J' 43,11 I e v to oN .per r r•1 t�l+ to O Z X I � CO) I % ' 9 I / / o4"61 j W oN I b \1 1 Z •�/ � / /// // y ti I I BK 1897 PG 726 - 727 ( 2 ) This document presented and filed : 06/07/2016 04 : 10 : 48 PM RIGHT OF WAY Fee $26 . 00 10001165 Caldwell County North Carolina Wayne L . Rash , Register of Deeds RIGHT-OF- WAY and EASEMENT Excise Tax : $ mO- Brief Description for the index : Right-of--way and Sewer line easement for Blackberry Ridge Condominiums Prepared by : Richard E. Mattar, Attorney at Law, Post Office Box 447, Blowing Rock, NC 28605 . Return to : [jCAUsers\Richard Mattar\Documents\Blackberry Ridge Condos\Easement from Susan Glenn to COAwpd] THIS EASEMENT, made this the 6, day of j U _ , 20 , by and between SUSAN GLENN , single (hereinafter known as " Grantor" ) and BLACKBERRY RIDGE CONDOMINIUMS OWNERS ASSOCIATION, a North Carolina non-profit corporation (hereinafter known as "Grantee" ) As referred to herein, the terms " Grantor" and " Grantee " shall be masculine singular, but shall include the above parties, their heirs, personal representatives, successors and assigns, and each term shall include the singular, plural , masculine, feminine or neuter, and any combination thereof, as required by the context. WITNESSETH : That Grantor, for a valuable consideration paid by Grantee, the receipt, adequacy and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto Grantee a right-of-way and easement situated in Patterson Township, Caldwell County, North Carolina, described as follows : All of her right, title and interest in and to that Existing Sewer Line Easement running between Blackberry Ridge Condominiums and Cone Orchard Ln. as shown on plat entitled " Proposed Septic System Easements for : Blackberry Ridge Condominiums on the Property of Winterset, Ltd . " recorded in Plat Book 3 9�w , Page [Book and Page to be inserted upon recording] , Caldwell County, North Carolina, Public Registry . BK 1897 PG 727 DOC# 10001165 TO HAVE AND TO HOLD the aforesaid right-of--way and easement and all privileges and appurtenances thereto belonging to Grantee, subject, however, to the exceptions , terms and provisions hereinafter stated. Grantor makes no warranties or covenants, express or implied, as to title to the aboveAescribed property. IN TESTIMONY WHEREOF, Grantor has set her hand the day, month and year first above written. SUSAN GLENN ACKNOWLEDGMENT COUNTRY/STATE OF AIOXM COUNTY/CITY/PARISH OF GUp;i1�G� �4 I, the undersigned notary public or other official authorized to take oaths and affirmations, proofs and acknowledgments, certify that the following person( s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document for the purpose stated therein, as an individual in his or her own right or acting in a representative or fiduciary capacity indicated herein (and if not herein stated, then in the capacity and on behalf of the party or entity indicated in the foregoing document) : SUSAN GLENN, single . Date : 41ilZelb {affix legible notarial stamp or seal within the margins of this 12 below} C& Richard E Mattar Notary ublic Notary Public !� Watauga County, NC Prime Or typed name : / C✓ - My Commission Expires Aug . 26 , 2017 My commission expires : Z6 Z� BK 1897 PG 728 - 734 ( 7 ) This document presented and filed : 06/07/2016 04 : 10 : 49 PM EASEMENT Fee $26 . 00 Excise Tax : $20 . 00 11111111111111111111111 10001166 Caldwell County North Carolina Wayne L . Rash , Register of Deeds Prepared by & Return to : RICHARD E. MATTAR, Attomey at Law, PO Box 447, Blowing Rock, NC 28605 excise tax : $20 STATE OF NORTH CAROLINA COUNTY OF CALDWELL St� � r� lcnn `� ✓ DRAINFIELD EASEMENT AGREEMENT THIS AGREEMENT, made this the 6( L day of J () ,ue� , 201610 by and between by and between WINTERSET, LTD. , a North Carolina corporation, hereinafter "GRANTOR", and BLACKBERRY RIDGE CONDOMINIUMS OWNERS ASSOCIATION, a North Carolina non-profit corporation , hereinafter "GRANTEE ; " WITNESSETH : WHEREAS , GRANTOR is the owner of that property described in deed recorded Caldwell County, North Carolina, Public Registry at Book 664 , Page 437; WHEREAS , GRANTEE is the Owners Association for Blackberry Ridge Condominiums as described in Unit Ownership File/Condominium Plat Book 1 , Page 51 , and Book 906, page 381 , Caldwell County, North Carolina, Public Registry; WHEREAS , all or a portion of a new septic system and wastewater drain field area for said Blackberry Ridge Condominiums is to be located on Grantor's property in the area designated as "Proposed Field Line Easement . 297 Ac . 12 ,950 . 9 sq . ft . " on plat entitled " Proposed Septic System Easements for : Blackberry Ridge Condominiums on the Property of Wmterset, Ltd . " recorded in Plat Book 39, Page 21. [Book and Page to be inserted upon recording] , Caldwell County, North Carolina, Public Registry, and as described as "Field Line Easement Area" on the attached EXHIBIT A ; WHEREAS , all or a portion of a new septic system and wastewater repair area for said Blackberry Ridge Condominiums is to be located on Grantor's property in the area designated as BK 1897 PG 729 DOC# 10001166 "Proposed Repair Area Easement . 394 Ac . 17, 145 . 0 sq . ft. " on the plat to be recorded described above, and described as " Repair Area Easement" on the attached EXHIBIT A ; WHEREAS , sewer lines for said new septic and wastewater system will run within a portion of the 'Existing Sewer Line Easement " described in Book 920 , Page 804 , Caldwell County, North Carolina, Public Registry, within a portion of the 'Existing Sewer Line Easement " described in Book 1104 , page 283 , Caldwell County, North Carolina, Public Registry, and within a portion of the " Proposed Sewer Line Easement with centerline of Rd . " all of which are shown on plat to be recorded described above, and described as " Sewer Line Easement" on the attached EXHIBIT A; WHEREAS , GRANTOR has agreed to grant the appropriate areas and easements above described together with rights-of--way for ingress, egress and regress as are shown on the plat to be recorded described above . NOW, THEREFORE , for a valuable consideration each to the other in hand paid, and the mutual conveyances, terms and provisions of this Agreement, the receipt, adequacy and sufficiency of which is hereby acknowledged, GRANTOR has given, granted, bargained, sold and conveyed to GRANTEE, and by these presents does give, grant, bargain, sell and convey unto GRANTEE a nonexclusive, perpetual and appurtenant right and easement to construct and maintain across and upon the areas herein defined an underground septic drainfield, lines and a drainfield repair area (the "wastewater system") as required per state law with regard to service for the existing Blackberry Ridge Condominiums, together with a right of ingress, egress and regress to go upon said areas and easements whenever reasonably necessary for the purposes of installation, inspection, operation, maintenance, monitoring and repairing of said wastewater system, subject to the terms and provisions as follows : L Other than that part of said wastewater system located on the common areas and facilities of Blackberry Ridge Condominiums itself, said wastewater system shall be located within that areas described above for location of septic drain filed and repair areas and for placement of septic lines, all as shown on plat entitled " Proposed Septic System Easements for : Blackberry Ridge Condominiums on the Property of Winterset, Ltd . " recorded in Plat Book Page , Caldwell County, North Carolina, Public Registry, and described in the attached EXHIBIT A . GRANTOR shall not use any of said area in a way which shall interfere with the use and operation of the septic wastewater system described herein . 2 . GRANTEE shall remove all surplus earth, put the disturbed area back to its natural state above said wastewater system, and interfere as little as is reasonably possible with any plants, fences or other improvements upon said "Utility easement . " 3 . The easement herein granted runs with the title and is appurtenant to the dominant Blackberry Ridge Condominiums described above and the servient property of GRANTOR described above, and is not affected by change of ownership or control . BK 1897 PG 730 DOC# 10001166 4 . The easement herein granted is valid for as long as the wastewater system is required for the facility that it is designed to serve, the Blackberry Ridge Condominiums described . TO HAVE AND TO HOLD said right and easement, and all privileges and appurtenances thereunto belonging, to GRANTEE , its successors and assigns , forever, subject however to the terms and provisions contained herein . IN TESTIMONY WHEREOF, the parties hereto have caused this instrument to be signed in their corporate names by their duly authorized officers by authority of their respective Boards of Directors, as of the day, month and year first above written. WINTERSET, LTD. a North Carolina corporation by : ( SEAL) SUSAN GLENN, President BLACKBERRY RIDGE CONDOMINIUMS OWNERS ASSOCIATION a North Carolina non- profit corporation by : ( SEAL) H. E. GOLDSWORTHY, ent BK 1897 PG 731 DOC# 10001166 ACKNOWLEDGMENT COUNTRY/STATE OF /I/ni?,1�f� wLi, & COUNTY/CITY/PARISH OF 141*14 if I, the undersigned notary public or other official authorized to take oaths and affirmations, proofs and acknowledgments, certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document for the purpose stated therein, as an individual in his or her own right or acting in a representative or fiduciary capacity indicated herein (and if not herein stated, then in the capacity and on behalf of the party or entity indicated in the foregoing document) : SUSAA/d 4L&AIAI &L< 6 , ©� 1.t/N f , (a') (name (s) of principal(s)) . Date : Zp {affix legible notarial stamp or seal within the margins of this page below} Richard E Mattar Notary Public N tary Public Watauga County, NC Printed or typed name : _ My Commission Expires Aug . 26 , 2017 My commission expires : ACKNOWLEDGMENT COUNTRY/STATE OF COUNTY/CITY/PARISH OF I, the undersigned notary public or other official authorized to take oaths and affirmations, proofs and acknowledgments, certify that the following person( s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document for the purpose stated therein, as an individual in his or her own right or acting in a representative or fiduciary capacity indicated herein (and if not herein stated , then in the capacity and on behalf of the party or entity indicated in the foregoing document) : 0 XT Onw Ye tjAlee names) of principal(s)) . Date : 6 {affix legible notarial stamp or seal within the margins of this page below) E Mattar ary Public N Public a County, NC [IRich:ard Expires Aug . 26 , 2017 P rated or typed name : My commission expires : 2d BK 1897 PG 732 DOC# 10001166 Snyder SUIVeylllg Inc . Professionally Licensed M TN & NC 156 Doe Creek Road Ph/Fax 023 ) 768-3932 Butler, '1'N 37610 NC Kirin # G2812 einail : rick4siiydersunrcN7ing. net EXHIBIT A Metes and Bounds Descriptions for septic system easements for Blackberry Ridge Condominiums Being certain easement areas as situate in the Patterson Township of Caldwell County, North Carolina, being located on The Property of Winterset, LTD . as recorded in Bk. 664, Page 437 and being more particularly described as follows : Field Line Easement Area Commencing at a point in the centerline of U. S . 321 , corner to Blackberry Ridge Condominiums (Condominium Book 1 , Page 51 & Book 906 , Page 381 ) ; thence with said condominium property and the south side of a 50 ' Road Right of Way, N 43 °2551 E a distance of 41 . 20' to an existing P . K. nail in asphalt; thence with a curve to the right with a radius of 101 a 86 . an arc length of 62 . 26 ' , a chord bearing of N 60° 56'28 " E, a chord length of 61 . 30' to an existing P .K. nail in asphalt; thence N 78°25 ' 51 E a distance of 140 . 00' to a 3/4" existing iron pipe ; thence with a curve to the right with a radius of 116 . 50' , an arc length of 57 . 98', a chord bearing of S 87018'42 " E. a chord length of 57 . 38' a 3/4" existing iron pipe, corner to Winterset, LTD . (Book 664 , Page 437) ; thence leaving said right of way and with Winterset, LTD . , S 28 ° 13 '48 " E a distance of 57 . 46' to a maple stump; thence S 32 ° 19'04 " W a distance of 79 . 20 ' to a point in the centerline of an existing 15 ' sewer line easement (Plat Book 13 , Page 101 ) ; thence with the centerline of said existing easement, N 59° 12 '55 " E a distance of 53 . 75 ' to a point; thence N 78 °20'36 " E a distance of 38 . 04' a point, the Point of Beginning of the centerline of a 25 ' sewer line easement, to be conveyed for the purpose of tying in the new field lines to the existing sewer line ; thence with said centerline, S 14 °23 '40 " E a distance of 48 . 67 ' to a '/2" iron pin new, the Point of Ending of the new 25 ' sewer line easement and also being the Point of Beginning and the northern most point of the new field line easement being described herein; thence with said field line easement, S 37°43 ' 19 " E a distance of 101 . 67 to a `/2" iron pin new; thence S 52 °30'02 " W a distance of 122 . 09' to a `/z" iron pin new on the northwest side of a road bed; thence N 50 ° 50' 17 " W a distance of 79 . 69' to a '/2" iron pin new on the northwest side of a road bed; thence N 29° 54'03 " E a distance of 69 . 15 ' to a '/z" iron pin new; thence N 54 °20'24 " E a distance of 76 . 28' to the Point of Beginning, containing 0.297 acres more or less . The above described easement area is also subject to a 100 ' transmission line easement in favor of Blue Ridge Electric Membership Corporation. Repair Area Easement Beginning at a '/z" iron pin new at the intersection of the repair area boundary and the centerline of the 25 ' sewer line easement; thence running through the Winterset, LTD . Property (Book 664 , Page 437), S 79 °40'40 " E a distance of 57 . 78' to a `/2" iron pin new in the line of Kelvin & Rebecca Gryder (Book 1354 , Page 338 ) said iron pin being located S 00 °24'53 " W a distance of BK 1897 PG 733 DOC# 10001166 Snyder Surveying, I11C . Professionally Licensed in 'I'N & NC 156 Doe Creek Road Pli/Fax 023) 768-3932 Butler, TN 376 -10 C Firm # G2812 einail : rick@snydersuneNing. net 33 . 70' from a 3/4" existing iron pipe, corner to Gryder and Winterset, LTD . ; thence with the line of Gryder, S 00 °24'53 " W a distance of 19 . 37 to a `/z" iron pin new, said iron pin being located N 00°24'53 " E a distance of 132 . 57' from a 1 " existing iron pipe, corner to another tract of Gryder ( Book 1856 , Page 23 ) , Alvin & Ruby Harmon (Book 467 , Page 411 ) and Winterset, LTD . ; thence leaving the line of Gryder, S 44 '03 ' 17 " W a distance of 119 . 32 ' to a '/z" iron pin new on the north side of the branch ; thence S 44 °03 ' 17 " W a distance of 16 . 71 ' to a point in the branch; thence up the branch and with its meanders, N 84 '36' 18 " W a distance of 33 . 76 ' to a point; thence N 67°09'40 " W a distance of 30 . 42 ' to a point; thence N 36 °2257 " W a distance of 38 . 10' to a point; thence N 45 °23 '21 " W a distance of 11 . 84' to a point; thence leaving the branch, N 09°05'48 " E a distance of 5 . 62 ' to a '/2" iron pin new on the northwest side of the branch; thence N 09°05 '48 " E a distance of 69 . 39 ' to a '/2" iron pin new at the northwest corner of an old dilapidated house; thence S 89°43 '57 " E a distance of 118 . 70' to the Point of Beginning, containing 0.394 acres more or less. Sewer Line Easement Being a 25 ' wide easement for the purpose of installing and maintaining a sewer line from an existing sewer line to the above described repair area. Said easement running with the centerline of Cone Orchard Lane (Right of way agreement recorded in Book 1093 , Page 1109) and lying 12 . 5 ' on each side of said centerline being more particularly described as follows : Commencing at a 1 " existing iron pipe, corner to Kelvin & Rebecca Gryder (Book 1856 , Page 23 & Book 1354 , Page 338), Alvin & Ruby Harmon (Book 467, Page 411 ) and Winterset, LTD. ; thence with the line of Gryder and Winterset, LTD . , N 00°24'53 " E a distance of 132 . 57 to '/z" iron pin new corner to the repair area; thence N 00°24' 53 " E a distance of 19 . 37' to a '/2" iron pin new, corner to the repair area, said iron pin being located S 00°24'53 " W a distance of 33 . 70' from a 3/4" existing iron pipe, corner to Gryder and Winterset, LTD . ; thence leaving Gryder and running with the repair area N 79 °40'40 " W a distance of 57 . 78' to a '/z" iron pin new, the Point of Beginning of the centerline of the easement herein described; thence through the property of Winterset, LTD . , N 05 °06'07 " W a distance of 92 . 94' to a point in the existing centerline of Cone Orchard Lane ; thence with said centerline and with a curve to the left with a radius of 150 . 00', an arc length of 12 . 85 ', a chord bearing of N 64 °23 '36 " E, a chord length of 12 . 84; thence N 61 ° 56'23 " E a distance of 49 . 53 ; thence with a curve to the left with a radius of 80 . 00', an arc length of 66 . 57', a chord bearing of N 38 °06'06 " E, a chord length of 64 . 66; thence N 14° 15 '48 " E a distance of 61 . 65 ; thence with a curve to the right with a radius of 60 . 00', an arc length of 75 . 60', a chord bearing of N 50 °21 '32 " E, a chord length of 70 . 70; thence with a reverse curve to the left with a radius of 200 . 00'. an arc length of 127 . 95 ', a chord bearing of N 6800739 " E. a chord length of 125 . 78; thence N 49 °48'01 " E a distance of 102 . 67 ; thence with a curve to the left with a radius of 63 . 38'. an arc length of 29 . 73 ' , a chord bearing of N 36 °21 '43 " E, a chord length of 29 . 46' to a point in the centerline of the existing sewer line easement (Book 1104, Page 283 ), said point being located S 02 °39'40 " E a distance of 26 . 37' from a 1 - '/4" pipe in BK 1897 PG 734 DOC# 10001166 Snyder Surveying, hic . Professionally Licensed in INN & NC 156 Doe Creek Roar] Pli/Far- ( 4 23 ) 768-3932 Butler, 'I'N 37640 NC Firm # C-2812 email : rickC sriydersur% eNung. net concrete, corner to Rhodes, Green & Green (Book 109, Page 481 & Plat Book 14 , Page 157) and said point being the Point of Ending of the new sewer line easement. See next page for certificate. This description was drafted by Ricky L. Snyder, PLS , L4418 , according to a plat prepared by Snyder Surveying, Inc . Firm #C -2812 , entitled Proposed Septic System Easements for: Blackberry Ridge Condominiums, dated January 20, 2016 . DIGITAL COPY ACCORDING TO NC ADMINISTRATIVE CODE 21 -56 , 1103 (D) THIS DOCUMENT ORIGINALLY ISSUED AND SEALED BY RICKY L. SNYDER, NC * L44181 ON JANUARY 20, 2016 . THIS MEDIA SHALL NOT BE CONSIDERED A CERTIFIED DOCUMENT. BK 1897 PG 1154 - 1157 (4 ) This document presented and filed : 06/ 10/2016 09 : 18 : 24 AM AGREEMENT Fee $26 . 00 II 10001257 Caldwell County North Carolina Wayne L . Rash , Register of Deeds BLUE RIDGE ELECTRIC MEMBERSHIP CORPORATION NORTH CAROLINA — CALDWELL COUNTY AGREEMENT This agreement, made and entered into this the / d day of �aU N 42, , 2016 , by and between Winterset, LTD , party of the first part ; Blackberry Ridge Condominiums Owners Association, a North Carolina non-profit corporation, party of the second part, and Blue Ridge Electric Membership Corporation, party of the third part ; WITNESSETH That whereas the party of the second part is installing and maintaining a septic system located on property of the first part between Blue Ridge Electric Membership Corporation transmission pole number BR259 and Blue Ridge Electric Membership Corporation transmission pole number BR260 , tax parcel # 2817710553 and described in Deed Book 684 at Page 437 , Caldwell County Registry. Whereas the parties of the first part and second part agree to hold Blue Ridge Electric Membership Corporation, party of the third part, blameless for any accident resulting in personal injury or property damage including but not limited to damage to the septic tank , fill lines or other features necessary for the operation septic system which occurs as a result of said septic system being so located, whether such damages result from maintenance of the line now existing or a future line yet to be constructed . Whereas the parties of the first part and second part maintain a clearance of 30 feet in all directions between septic system and Blue Ridge Electric' s power pole . Whereas the parties of the first part and second part realize and understand that any equipment used in the construction and future repairs to said septic system could be in close proximity to high voltage power and realizes the possible dangers thereof. Whereas the parties of the first part and second part hereby agree to give the party of the third part access to all Blue Ridge Electric Membership Corporation electric facilities at said location . ( Signatures and Acknowledgements continued on following pages) BK 1897 PG 1155 DOC# 10001257 IN TESTIMONY WHEREOF , the parties hereto have set their hands and seals this the day of O A C , 2016 . WINTERSET, LTD. a North Caroli a corporation by : ( SEAL) SUSAN GLENN, President BLACKBERRY RIDGE CONDOMINIUMS OWNERS ASSOCIATION a North LC oli non- profit co a on by : ( SEAL) H. E. GOLDSWORTHY.NP11 ident BLUE RIDGE ELECTRIC MEMBERSHIP CORPORATION a North Carolina corporation by : ( SEAL) (Name & Tit e : ) t, 1 e DperA)6 04-6 STATE OF NORTH CAROLINA COUNTY OF I, be'emm e , T , a Notary Public, do hereby certify that Susan Glenn personally came before me this day and acknowledged that she is President of Winterset, Ltd. , a North Carolina corporation, and that she, as President, being authorized to do so , executed the foregoing instrument on behalf of the corporation. This the (� day of rPA& , 2016 . Richard E Mattar Notary Public C �� Watauga County, NO �— My Commission Expires Aug. 26, 2017 N ary Public P ' nted or typed name : _ _ My commission expires : rr 0,0z� BK 1897 PG 1156 DOC# 10001257 STATE OF NORTH CAROLINA COUNTY OF Z422ftlL- I, f °1LC' - ,,,, , a Notary Public , do hereby certify that H. E . Goldsworthy personally came before me this day and acknowledged that phe is President of Blackberry Ridge Condominiums Owners Association, a North Carolina non-profit corporation, and that he, as Preside being authorized to do so , executed the foregoing instrument on behalf of the corporation. Richard E Mattar N ary Public Notary Public Watauga County, NC P nted or typed name : C�_C— - My Commission Expires Aug . 26, 2017 y commission expires : STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public, do hereby i that Michael High personally came before me this day and acknowledged that he is Director ngineering Services of Blue Ridge Electric Membership Corporation, . A North Carolina corpor ' n, and that he , as Director of Engineering Services , being authorized to do so, executed the egoing instrument on behalf of the corporation. This the day of 16 . Notary Public Printed or type e : My co sion expires : BK 1897 PG 1157 DOC# 10001257 STATE OF NORTH CAROLINA COUNTY OF CALDWELL I , :18 ,s ,04* C , (A� I �C� , a Notary Public, do hereby certify that Robert Kent personally came before me this day and acknowledged that he is the Director of Operations of Blue Ridge Electric Membership Corporation , a North Carolina corporation , and that he , as Director of Operations, being authorized to do so , executed the foregoing instrument on behalf of the corporation . 4,11 This the it) day of , 2016 . P .�. Notar lic4" Print or typed name : YA M My c mission expires : - ` : all -/ f �s +�awato Non s f 4alkit r f � ,• � ' . "Inn kk Ili, fo IN IF imago ' !1.l+t 9~K�Y►,ram r . :S I ,tf :1 - r `F r land IF \ \ \ ,, . ^V aa i at; .i n, ell Fee I p y �_ . N. ta 1 if l New IN \ t , . s , y , , nl „III p� do n It r{ � dl to f ftijjo;� fv a � <IF '�'� r. 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" 10 / 30 / 2013 10 25 "y 4 �� all J' * Cranford, Chuck From: Sue Glenn [sueglenn@blowingrockrealty.com] Sent: Wednesday, August 15, 2012 6:05 PM To: Cranford, Chuck; Menzel, Jeff Subject: Blackberry Sewer Update Gentlemen: Thank you for meeting with me yesterday, for hearing me out, and for helping me find some possible solutions for what seemed an impossible situation. I contact Jadd Brewer with WQ Labs in Banner Elk and worked some things out. I am confirming things with him, but I think we have re-established a working relationship. They have asked that I pre-pay for monthly services and will look toward my settlement with the Town of Blowing Rock to take care of the back bill of approximately $12,000. In return, Jadd told me that he was sending an operator out to my site today to "get it up and running." They will also send in the monthly reports from January through April of this year and will send in the monthly monitoring reports from here on. I have sent his check along with a statement of my understanding of this arrangement. The Town of Blowing Rock did move forward with the annexation of the Blue Ridge Vista condominiums, with a final vote next month. I did get to speak with the Town engineer, Doug Chapman, at that Council Meeting last night. He felt that the cost of connection to the Town sewer for the Blackberry Ridge condos would require at least two lift stations and would cost "hundreds of thousands of dollars". I'll question him a bit further about why he came up with such a huge off-the- top-of-his-head estimate, but he also encouraged me to explore the shared septic system for the Blackberry Ridge condos as an alternative and seemed to regard the Gideon Ridge connection as something that had already been done. I did also speak with the fellow in charge of the municipal utilities, Mike Wilcox. He had one of his employees call me, but it turned out that the referred employee was not adequately certified to do the job. That employee, however, referred me to another man, whom I will contact in the next couple days to take a look at things and let me know what he could do as a back-up operator or perhaps as an alternative to WQ. So, I think we made huge headway yesterday and today, and I'll update you further as I have more news. Again, thank you for your help. Sincerely, Sue Glenn, Broker ABR, CRS, CRB, GRI Blowing Rock Realty PO Box 1770 Blowing Rock, NC 28605 828-295-9861 Toll free 1-800-255-9861 www.BlowingRockRealty.com i United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 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 INI 2 1 51 31 NCO055611 111 121 13/10/30 117 181 C I 19I S I 201 I Remarks 211 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 169 70131 711 I 721 N I 73I I 174 751 I I I I I I 1 80 Section B: Facility Data I_I_I 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) 10:00 AM 13/10/30 08/12/01 Blackberry Sewer System Blackberry Rd Exit Time/Date Permit Expiration Date Blowing Rock NC 28605 11:30 AM 13/10/30 13/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Susan Glenn,PO Box 1770 Blowing Rock NC 28605//828-278-4777/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports Self-Monitoring Program 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 Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cant. 1 3 NCO055611 111 12I 13/10/30 117 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Unpaid fines have recently gone to collections. If it is possible to do away with this WWTP and tie into the nearest municipal collection system it is suggested this option be seriously considered. Due to the terrain and poor condition of the access road, if the power were to go out, a back up generator would not be able to be brought to this wastewater treatment plant (WWTP). However, the operator believes the condominium complex this WWTP serves is on a drinking water well system and is on the same power supply as the WWTP. Therefore, no power no water no discharge. Page# 2 Permit: NCO055611 Owner-Facility: Blackberry Sewer System Inspection Date: 10/30/2013 Inspection Type: Compliance Evaluation 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? ■ ❑ 0 #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ❑ ■ 0 Is the inspector granted access to all areas for inspection? ■ ❑ rl ❑ Comment: The plant is not restricted from the public, but is very secluded in the woods. Access to this plant is limited and vehicular traffic is restricted due to a narrow, steep eroded road. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ fl ❑ Judge, and other that are applicable? Comment: DO, pH Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical Are the bars adequately screening debris? ■ ❑ ❑ Is the screen free of excessive debris? ■ ❑ fl ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ Comment: Very little solids come to this pant due to the septic tanks at each residence; it is basically grey water, no solids. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ Are the diffusers operational? ■ ❑ rl ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Page# 3 Permit: NCO055611 Owner-Facility: Blackberry Sewer System Inspection Date: 10/30/2013 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? I] 0 I] ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: White foam present. The aeration system runs all the time since the clock is broken. This item is likely an inexpensive fix and should be fixed; it should save on electricity. During a hard winter the sytem will likely have to run all the time to avoid freezing. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ fl ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ fl Are weirs level? ■ n n n Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ fl El 0 Is scum removal adequate? ■ ❑ 0 ❑ Is the site free of excessive floating sludge? ■ ❑ 0 ❑ Is the drive unit operational? n n n n Is the return rate acceptable(low turbulence)? rl ❑ ■ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ❑ ❑ ❑ ■ Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ❑ ❑ ❑ ■ Are UV bulbs clean? n n n ■ Is UV intensity adequate? ❑ ❑ ❑ ■ Is transmittance at or above designed level? ❑ ❑ ❑ ■ Is there a backup system on site? 0 ❑ 0 ■ Is effluent clear and free of solids? 0 ❑ 0 ■ Comment: UV system is not in operation; ORC uses tablets in the trough instead. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? 0 ❑ ■ ❑ Page# 4 Permit: NCO055611 Owner-Facility: Blackberry Sewer System Inspection Date: 10/30/2013 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth, or sludge buildup? ■ Is there chlorine residual prior to de-chlorination? rl ❑ rl ■ Comment: ORC uses tablets in clarifier discharge trough. De-chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? 0 ❑ ■ ❑ Is storage appropriate for cylinders? ❑ ❑ ■ ❑ #Is de-chlorination substance stored away from chlorine containers? ■ Comment: Are the tablets the proper size and type? ■ ❑ ❑ ❑ Are tablet de-chlorinators operational? ■ Number of tubes in use? 1 Comment: Page# 5 i JIM GREENE'S BACKHOE SERVICE P.O. Box 2362 Blowing Rock, NC 28605 828-295-9938 L, 828-773-4696 Septic Tank Service Footers - Any Kind of Ditching Customer s ``� ► Address Phone Dated _ Qty. Description Price 3 � C% y f ATTACHMENT A Susan Glenn CASE NUMBER:MV-2013-0008 PERMIT: NCO055611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $75.00 12-2012 001 Effluent TOTAL N-Conc 12/31/12 Quarterly mg/I Frequency Violation $44.00 12-2012 001 Effluent TOTAL P-Conc 12/31/12 Quarterly mg/I Frequency Violation DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT Violator: Susan Glenn Facility Name: Blackberry Sewer System Permit Number: NCO055611 County: Caldwell Case Number: MV-2015-0020 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6) Whether the violation was committed willfully or intentionally; 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and 8) The cost to the State of the enforcement procedures. $159.26 Date G.Landon Davidson,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary Certified Mail#7014 0510 0000 4466 5931 Return Receipt Requested June 08, 2015 Susan Glenn Susan Glenn PO Box 1770 Blowing Rock,NC 28605 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES Permit No.NCO055611 Susan Glenn Blackberry Sewer System Case No. MV-2015-0020 Caldwell County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$278.26($119.00 civil penalty +$159.26 enforcement costs)against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for the month of December 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NCO055611. The violations,which occurred in December 2014,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit No. NCO055611 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, 1, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Susan Glenn: 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500 \Internet:www.ncdenr.gov<http://www.ncdenr.gov> An Equal Opportunity\Affirmative Action Employer-Made in part by recycled paper 75.00 for 1 of the 1 failures to properly monitor TOTAL N - Cone in violation of NPDES Permit No. NC0055611. $44.00 for 1 of the 1 failures to properly monitor TOTAL P - Cone in violation of NPDES Permit No. NC0055611. 119.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs 278.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thi!U 30) dqys of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919) 733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr. Sam M.Hayes,General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 4 If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, for S. Jay Zimmerman,P.G. Director,Division of Water Resources,NCDENR By G.Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: MV-2015-0020 County: Caldwell Assessed Party: Susan Glenn Permit No.: NC0055611 Amount Assessed: $278.26 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Susan Glenn ) Blackberry Sewer System ) PERMIT NO.NCO055611 ) CASE NO. MV-2015-0020 Having been assessed civil penalties totaling $278.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 08, 2015, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Susan Glenn CASE NUMBER: MV-2015-0020 PERMIT: NCO055611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $75.00 12-2014 001 Effluent TOTAL N-Conc 12/31/14 Quarterly mg/I Frequency Violation $44.00 12-2014 001 Effluent TOTAL P-Conc 12/31/14 Quarterly mg/I Frequency Violation ROY COOPER . _ s"•ti � �I�rl a[ti { �SU��I i,✓o � (✓nPc'l'AUP i MICHAEL S. REGAN w OCT 31 2017 WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL OVALITY t1 i „n � !(� "fat igf"1S )�IPC'C101' October 20, 2017 .Ms„ _S.usan Glenn P.O. Box 1770 Blowing .Rock, NC 28605-1770 Subject: Rescission of NPDES Permit NCO055611 Blackberry Sewer System Caldwell County Dear Ms. Glenn: The Division received your request to rescind the subject permit, and we do not object to your request. NPDES permit NCO055611 is hereby rescinded, effective immediately. This letter is to close the permit file for the Division., and for .your records. If in the future your facility wishes to discharge wastewater to the State's surface waters, you must first apply for and receive a new NPDES permit. If you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charles.weaver@ncdenr.gov] . Sincerely, Jay immerman, P.G. Director Divi-sion :o-f .Water R.es.o�-r.c-es cc: Central Files Asheville Regional office / Landon Davidson NPDES files Teresa Revis / Budget State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh,NC 27699-1617 .919 8.0.1h3.00 .9.19-80.7-.6389-FAX- https://deg.nc.Zov/about/divisions/water-resources/water-resources permits/wastewater-branch/npdes-wastewater-pernuts C4 VICINITY YAP c CENTERLINE OF THE EXISTING CENTERLINE OF THE PROPOSED PROPOSED FIELD PROPOSED REPAIR NOT TO SCALE \ SEWER 1111E EASEMENT SEWER LINE EASEMENT LINE EASEMENT GAS AREA EASEMENT CALLS I EGEND us 221 O w hNo. RAD. ARC BEAAINc cNNaRD NO. ARc CHORD LINE BEARING p5T DISTANCE0 IRON PIN (OLD) C7 153.63 64.90' s 79.234s E 64.42' C5 6J.78 29.73 5 36'21 43 w 29.4E L13 S 1a2340 E 48.67 L79 5 OSOB'or E 9294 a AWN PIN (NEW) C2 148.% 100. 5 71'3936 E W114 C6 200.Do 127.% 5 88' Jo W 125.78 L14 5 3T43.19 E A101 L20 S 7V4040 E 57.78C3 81 .00 201 .44 N SC1503 E 153.39 C7 t10.00 75.60 5 50.21 32 IN 70.7o L15 S 52' W L21 5 OP2453 W 19. O IXISTRJC IRON PfPE BLOWINGC< 100.9 246.M N 4C3534 E 1%.86 Cs 80.00' 68.57' S JS0606 W 64.E6' L76 N SV501 WL225 K0317 W 119.32 O UTILITY POLE RACKNCo 150.00 12115' S 84'23'36 W 1284' L77 N 2P5403 E L23 5K031 w 18.71 ® POWER METER US }2, �PAFafeMY Z UL1 N W7255 E 53.75UE LINE BEARING LIS N 24 E L24 N BC]618 W 33.76 pOAyT r` , 0 (� y L2 N 78'2036 E 35.04 L10 S M1801 W 102.67 L2S N 67'0940 W J0.42 D FENCE FY157 COUNTRY CUIB W 64 0 m L3 N 78'20'36w E 5.46 L11 S 14.15'46 W 61 .% L26 N JT2257 W 38.10 Q WATER VKY£ WI•TAWA CO. DIiIYE L4 5 871542 E 842J L12 5 61'S62J W 49.53 L27 N 462321 W 111N -x- FENCE LAVE CO. V L5 N 23'0046 E 37.50 L26 N O9'OS'48w E 5.62 CENTERLWE CN0AFIL = ti O LB 5 573000 E 100.00 L!0 5 BP436 E 116.70 _ - - A0.10WIERY LINE gte BfJd(BERRY RD. Cn L7 5 85.48 52 E 2A0.98 L9 5 2r4520 E 49.84 OVERHEAD UTTL/RES I.IJ) O d U ROOD 00 THAD L t VIRGINIA F. McNULTY A=57.%' \ /� \\ \ ,C' ry BK. 1312, PG. 868 B-S18T78'42' E \\ \ ! - ��\ '°hyr REBECCA LANE RNODES Q4 9 7 / q,. OUVER WAYNE GREEN = P.B. 21 , PG, 461 C=57.38' \`��� \��,aYyr WALTER GWYNN GREEN I Q a \ S 28'13'48' E / _-_� BK. 109, PC. 181 A-62.26' N 78'25'S1 ' E BRFNCO 57.46' \ \ `� `ash P,B. 14, PG, 157 R=101 .86' 140.00' =A2� ` WINTERSET. LTD. \ \ C=61 .3O �W56* • E/ / / _ �.' - _ \ BK. 664. PG. 437 µ\A�,, \ \ S 32.19.04• W �� / \P to \ 1 '/4. 79.20' \\\ NI CONCRETE W c Exh7I1G \ T \Y �� ( If. nw M. CV o o N 4J'23'S1 ' E \ 3/4• OF EXISTING SEWER / • nC\ zee) o o 41 .20' \ \ \ 1111E EASEMENT OT) / easntRT� r � J (y d [L t o \ \ P/K NAIL .\ BREIICe TMPIE \ � L _ r ___-_-_-_-- e \ \ . � P/K NAIL PP 261 \ SNYP� _C C�� 1 I \ nos �o zCL Pg \ \ \ Y j - -� p F 3 � \ {1 S 07' (`!K' E � y% Z Z 0 B. \La tz.s' �� J j / 28.37' (TIE LIiE) Wp ry f:> 1 \ � 6 Jl� P.O.B. \ � •\\ �AJ�'(�7- ,zs• EXISTING SEWER c \ \ � PROPOSED SEWER / �Q VNEtEaASE�11E NT / \ \ UNE EASEMENT M /•� \ - - - � wRN maE,nr.NE a RD�4 // G�D'of Q 41 SB La q P' BLACKBERRY RIDGE CONDOMINIUMS / '\ /t. ;- / _ / gip/ p �6 �4, �. P� C0ND0MINIUM SK, 1 , PG. 51 , 0-A a BK. 9069 PG. 381 (If /1 mac` \ ��` �°t� =' `7�// i e+' a W 04 W '�;� 1 25.0• n c7 0. EXISTING SEWER / m LINE EASEMENT I PROPOSED TIN. 9zo. TC. Eo4 L FI6I.l.D TINE \ T4' zw � -\ 6A810 . \ WINTERSET. LTD. / F E+ z .287 1C. % \ p, \ BK. 884, PC. 437 'z, i 120950.9 sq. R. \ \` rin \ m Q�y 0 O 10 3/40EN PROPOSED S 00'24.53' W REPAIR AREA �.� s1 -• -•M-A..1� 33.70' 2p .. EASEIRITT all IP.O.B. rn '. 7, - r, o1a `""ter • certify that hiis survey .884 AC. -t 17,145.o DE. R. Nose / KELVIN R. CRYDER t WIFE North Carolina-Caldwell Counh ! an iab Parcel ! land nd dose not roots a w attest or change an g4 (�j , REBECCA EGGERS-GRYDER e�iati/q� street. \ �/ BK. 13549 PG, 338 1, �t>I,dra G� e_ene R.N.w aro4r d /CY �j � �4 or to carntr. as Is that me map s ON d S 00'24'S3' W PontWd b which tho nrdfleafs b oN4N meets o3 'Surveyor, Registratio Number 6N 132.57' statutory rpuirelrwnte / recording. 2 • BP eer L 8yp• L s, 5IW • «,wr that this Wet was seen taller my mvereem \ \\ lA - 6 7- 1 (. <� ' m m actual su qr neb under my aW Wri+on (b rs(deed dw.'rLP 11 nd inld \ \ Date ha Z b U LSr tntNWb r/iry s xhmn heem) 1: Imt His handafr not su )od \ \ an bWN hw iTetrMse W 6 m i1 ki ;a MIA la MIA \ \ KELVIN R. GRYDER t WIFE W 'n ,�W g Nat We FA& Of p Jsen it 1: 7500� : Ad New Wet ear PMeb i1 aomNsNr \ ALVIN E. k RUBY J. HARYON \\ REBECCA EDGERS-GRYDER Q u .We Cs 47-30 m amTeoded. INbnas ay aylad Avoctee, n9Wdim terror, \ BK. 4679 PG. 411 \ SK. 1856, PG. 23 OW sell END -21MIL.- by Of AMMM • Aas 20 16 \ \ N CA )YO!11,11 J L U7/P \\ =2oQ oFESS/Oti.!y ,z ' Surveyor, Registration Names : ¢ SEAL ` ; 9 L-4418NOTES � yOe. oy �• q Suft : THES PROPERTY DCTO WAY, OF RECORD. OR THIS PROPERTY IS S(A4IET TO ANY OR FINDINGS OF A SEARCH 3. THIS SVRWY MANES NO CLAMIS AS TO MATTERS OF LEGAL TITLE TO THE PROPERTY AS SHOWN. 4. ALL AREAS ARE CALCULATED USING COORDINATE CEON17TRY. ALL DISTANCES ARE HOFOWAL. 5. NO UNDERGR0UND UTCOIES HERE LOCATED FOR THIS SURVEY UNLESS OTHERWISE NOTED. FIRM C-2812 W W m VE 6. NO LOCAL GEODETIC CONTROL WAS FOL)NO AT THE TIME OF SLWWY. ADOMM41. OFF SITE TIES f� 7. ACCf TO FLOOD T INN 371 08 12/3/09, 100' 0' 700' 200' 1•a� 2 THE PROPERTY SHOWN HEREON IS NOLOCATED SCALE In = 1000 Susan Glenn Blackberry Sewer System PO Box 1770 Blowing Rock, NC 28605 October 31, 2016 North Carolina Department of Environmental Quality Division of Water Resources — NPDES Compliance & Expedited Permitting Unit Attn: Bob Sledge 512 N. Salisbury Street 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Rescission Request for Permit No. NC0055611, Blackberry Sewer System WWTP, Caldwell County Dear Mr. Sledge: I would like to request rescission of the above permit. -Under instructions of Linda Wiggs, the plant has been pumped, the input line has been cut and capped, and the near-by chlorine contact chamber has been pumped and filled with dirt. I am attaching pictures, and it is my understanding that Ms. Wiggs will conduct an on- site inspection in the near future. I am also attaching copies of the receipts for the pumping operation and the excavation work to fill the chamber. Thank you to the entire department for working with me to resolve this matter. Sincerely r Susan Glenn 828-295-9861 Email: sueglenn(a-)_blowingrockrealty.com MEN „t • ��` > \s .` ,� �q� .y � r . . :3 � . . ..,., `�!" �,.,. >t r- .r a *1' vc .A ,. . .. �� J � a,,^•+ v i Y : •• r [i, T� �. _40 } Aq JWI Li ttT e_ f r = - el v ' 1 b map e AO t J� v. Irp 00 1 , 4 14 �► FIF OF OFF OF . t iy4% IF I IF Of OFF IF IF .�i:� Fp OF For , . 1 , LL IF Ow I t, f I tr " f OFF- FFF OF OF OFF . * 11 t 9 r _ OFF a�alb FOF IF IOF FFF % It I a t �. L k +. .;., i v FL w,� . . a , "'� 1y p ON IF A ^ '_s _ice .t OFF. I r ' ,Ov -, 41 '" j41 \\r OFF Fl tfr \!, NO IFFY a OFF IF T " = �N ._ - o-�* � . /� ) { ter . �,� Or t ° r r ` IF I Few 0 ! , Or I es IF IF OFF, 04V OF j OFF , AO _ ' fair / � - •f ' aO Fa OF FI - . fOr IF �, it J 1 :� / _ ) f FF FO OF PFp, OF IF OFI Or I IF OF. Of IF OF FO Or 1:FF IF 00, OFF, OF aool OF, rOF, ;1 _ OF 41 � - - _ i y r 1 � y ,, , -it % _ �. i.. / �_ ' . ` - _ `� y7 _ SOP OFOr OF OF IF OFF- OF OFF I OFF Fo 1� ; / or I AtOFF 0 OF OF f Or OFF f Of ' s OF FOOL For OFF OF Or FF0 Or _ �---� / "��f l fJ �t Of 0 lyre 0 OZ: I 01 Or OF IF For If OFF- OFF- IF Fa OF OF IF �. - a _ Or— Ow OF OF I Fie IF mP OL OOFOON fr S , 40 ; 4 . _ ._ . .. lop low rd Ir mm bb V . d6+�. ... „z a . ! d ' 0 mI A i alow ., " �a .S � , . .f,. ' . ' rAZ3 1 dL 1 IN qoi Mai kc Mk tA �e � � s ,� r� ,. FL stir Lk , � . L � 444 rr � � � r \ Blackberry Sewer Plant, Caldwell County October 31 , 2016 r. . - 5 ,!A '7/ - `��6"6•"�e�7� � Via- �' % 1W 1 Sewer Plant Cut and capped entry line !LiF ;7 ��� /s a � Pumped interior chambers Pumped chlorine contact chamber F �F 1, _f. Dirt-filled contact chamber Area including filled contact chamber 1/if r NORTH CAROLINA AGREEMENT TO TRANSFER WATER AND SEWER SYSTEMS CALDWELL COUNTY THIS AGREEMENTTO TRANSFERWATER AND SEWER SYSTEMS is made and entered into this _ day of November, 2014, by and between SUSAN GLENN d/b/a BLACKBERRY SEWER SYSTEM, a Sole Proprietorship (hereinafter "Glenn"), and THE TOWN OF BLOWING ROCK, a North Carolina Municipal Corporation (hereinafter -"Blowing Rock") , WITNESSETH: WHEREAS, Glenn is the owner and operator of a sewage collection, transmission and treatment system (hereinafter referred to as "sewage system") in Caldwell County, North Carolina, which sewage system was approved and dulylicensed in 1983 by the North Carolina Environmental Management Commission, Division of Environmental Management; and WHEREAS, the sewage system was constructed in accordance with the plans and specifications prepared by Rothrock Engineering entitled "Sewer Collection Forcemain Blackberry Ridge, Blowing Rock, NC" dated May 20, 1983, copies of which are attached to this Agreement and incorporated herein by reference; and WHEREAS, the sewage system was established as a forceline system pumped from individual tanks for homes located in the Gideon Ridge community and carried to the Blackberry Sewer System Treatment Facility near Blackberry Road; and WHEREAS, the sewage system includes approximately 2,060 linear feet of installed forceline sewer pipe (665 feet of 2 inch line and 1,395 feet of 3 inch line), and WHEREAS, at the time the sewage system was installed by Glenn, the homes in the Gideon Ridge community which are served by the sewage system were not in the Town of Blowing Rock; and WHEREAS, the homes served by the sewage system were annexed into the Town of Page 1 of 7 Blowing Rock on June 30, 2008, and there is now a Town Sewer Line at the end of Gideon Ridge Lane; and WHEREAS, at the request of Glenn, Blowing Rock has investigated the feasibility -of acquiring ownership of the sewer lines serving the homes in the Gideon Ridge community by reversing the flow of the forceline from the end of Gideon Ridge Lane to where the existing town line is located and connecting the sewer line owned by Glenn to the Town's system; and WHEREAS, Blowing Rock in factconnected the sewer line owned by Glenn to the Town system and has determined that the system is functional; and WHEREAS, there are currently ten (10) homes in the Gideon Ridge community which are served by the sewage system who will become customers of Blowing Rock; and ' WHEREAS, Glenn has properly recorded easements for the sewer lines which Glenn desires to transfer and convey to Blowing Rock; and WHEREAS, Glenn's easements were created and established by the following instruments recorded in the Caldwell County Register of Deeds Office: 1.) Declaration of Restrictions for Blowing Rock Estates Subdivision recorded in Book 765, Page 244, Caldwell County Registry, under which Glenn, as Successor Declarant, reserved the right of way for the laying of water and sewer lines along the subdivision roads;. 2 .) Deeds from Glenn for Lots 9 and 10 of Block A of Blowing Rock Estates Subdivision, under which Glenn reserved the right of way for laying water and sewer lines along the streets serving said lots; 3 .) Right-of--Way and Easement for Sewage System and Maintenance Agreement recorded in Book 922, Page 508, Caldwell County Public Registry; 4.) Reservation of Easement for Utility Installation and Maintenance recorded in Book 989, Page 580, Caldwell County Public Registry; and WHEREAS, Glenn is also the owner of approximately 2,060 linear feet ofinstalled 6 inch PVC water line which also serves the Gideon Ridge community and runs parallel with the sewer lines referenced above; and WHEREAS, the water lines installed by Glenn in the Gideon Ridge communityhave been connected to Blowing Rock's water system since their installation, but said waterlines are still owned by Glenn; WHEREAS, Glenn and Blowing Rock have reached an understanding and agreement under which Glenn has agreed to transfer and convey to Blowing Rock the water lines and sewer lines which are referenced and described below, subject to and conditioned upon the Page 2 of 7 terms and conditions set forth herein. NOW, TBEREFORE, in consideration for the mutual covenants contained herein and the money paid by Blowing Rock to Glenn, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows; 1.) Glenn does hereby grant and conveyto Blowing Rock all of its right, title and ownership in and to the existing sewer lines in the subdivision known as Blowing Rock Estates, which sewer lines include the following; a.) Asewerline running alongthe north side of the private driveway which serves Lot10 ofBlockA of Blowing Rock Estates as shown on the plat recorded in Plat Book 12, Page 22, Caldwell County Public Registry, and continuing across Gideon Ridge Extension and Gideon Ridge Road to a point in the intersection of Gideon Ridge Road and Gideon Ridge Lane; thence running in the southern margin of Gideon Ridge Lane along the northern boundaries of Lots 1, 21 31 4, 5, 6, 71 8 and 9 as shown on said recorded plat for Blowing Rock Estates recorded in Plat Book 12, Page 22, Caldwell County Public Registry; and b.) A sewer line which connects with the sewer line described in (1), above, along the northern boundary of Lot 1 at its intersection with a private driveway, and continuing across Gideon Ridge Lane and running along the southern boundaries of the Gideon Ridge Inn and Lots 14 and 13 of Block B of Blowing Rock Estates as shown on said plat recorded in Plat Book 12, Page 22, Caldwell County Public Registry; and c.) A sewer line connecting with the sewer line referenced in (1), above, at a point along the northern boundary of Lot 6 at its intersection with a private driveway, and continuing across Gideon Ridge Lane and running alongthe western boundaries of Lots 12 and 17 of Block B as shown on said plat recorded in Plat Boole 12, Page 22, Caldwell County Public Registry, 2.) Included in this conveyance from Glenn to Blowing Rock is a perpetual right-of--way and easement 20 feet in width to operate, maintain, repair, and replace said sewer line. The centerline of the 20 foot easement shall be the sewer line in its existing location. 3.) Glenn represents and warrants to Blowing Rock, and Glenn and Blowing Rock'understand and agree, that all property owners who are connected to the sewer lines conveyed by Glenn to Blowing Rock have individual tanks at their homes located in the Gideon Ridge community, and are responsible for pumpingvia aforceline from theirindividual tanks to the Page 3 of 7 sewer lines conveyed herein. Blowing Rock's sole responsibility assumed hereunder shall be to assume the maintenance, repair and replacement of the sewer lines conveyed by Glenn to Blowing Rock described herein. It is further understood and agreed that Blowing Rock assumes no responsibility whatsoever with respect to the remainder to the sewage system constructed by Glenn in 1983, including the sewer line running from Lots 8 and 9 in a southeasterly direction to the sewer treatment facility located on the south side of US Highway 321, or any infrastructure located on the south side of US Highway 321. 4.) Glenn does further transfer and convey unto Blowing Rock ownership in and to the waterlines currently serving the Gideon Ridge community which are located adjacent to and run parallel with the sewer lines conveyed by Glenn to Blowing Rock as described in Paragraph 1 (a), (b), and (c), above. Further, Glenn hereby conveys to Blowing Rock a perpetual right-of-way and easement 20 feet in width to use, operate, maintain, repair and replace said water lines, with the centerline of the 20 foot easement being the water line in its existing location. 5 .) Glenn and Blowing Rock acknowledge thatthere is an existingwater line which connects with the water line conveyed by Glenn to Blowing Rock which continues from the water line at the end of Gideon Ridge Lane over and across Lots 8 and 9 of Block B of Blowing Rock Estates (Plat Book 12, Page 22, Caldwell County Public Registry), and continues under US Highway 321 and currently serves the Blackberry Ridge Condominium located on the south side of US Highway 321, The owners in Blackberry Ridge Condominium are currently served by town water, with each condominium unit being water metered separately. It is the understanding and agreement of the parties that Glenn shall retain ownership and responsibility of said water line from the end of Gideon Ridge Lane which currently serves Blackberry Ridge Condominium. Provided, that Blowing Rock shall continue water service to said condominium units beingserved bythis water line until such time as the new water line is installed along US Highway 321 by the North Carolina Department of Transportation in connection with the US Highway 321 widening project. At such time as said water line is extended to the Blue Ridge Vista Condominiums, the water line running from the end of Gideon Ridge Lane to the Blackberry Ridge Condominiums shall be abandoned and the Blackberry Ridge Condominium shall be allowed an active connection from the new line installed by the North Carolina Department of Transportation, This connection to the new line shall be' made in accordance with the plans prepared by the North Carolina Department of Transportation. The Blackberry Ridge Condominium Association, Inc. will pay for the actual connection to the new water line Page 4 of 7 installed by NCDOT and will also pay to install a connection from the new water line installed by NCDOT to the existing water line which is currently serving Blackberry Ridge Condominium. The Blackberry Ridge Condominium Units are separately metered. Accordingly, the existing water line which will be connected to the new water line installed by NCDOT will become a Town-owned water line to its point of connection with the private lines serving the Condominium Units in Blackberry Ridge Condominium, and the Blackberry Ridge Condominium Association, Inc, shall convey such instruments of transfer as may be reasonably required in order that the Town shall acquire ownership of said existing water line. Glenn agrees to provide Blowing Rock with a letter from Blackberry Ridge Condominium Association, Inc. which confirms this understanding and agreement. Blowing Rock agrees that no additional tap fees shall be due and payable from the unit owners in Blackberry Ridge Condominiums since the existing unit owners are already customers of the Town of Blowing Rock and the water meters are already in place. 6.) In consideration for the transfer of the infrastructure and easements described herein, Blowing Rock agrees to pays to Glenn upon execution ofthis Agreement the sum of$10,00 0.0 0. Further, upon execution of this Agreement, Blowing Rock shall assume full responsibility for the continued maintenance, repair and replacement for the sewer lines and waterlines conveyed herein. As additional consideration for the transfer of the infrastructure and easements described herein, Blowing Rock further agrees to provide for Winterset, Ltd., an installed junction for future connection to the Town water line to be located at or near the intersection of the graded Winterset Access Road between the present stone Blackberry Ridge Condominium sign structure and the entrance drive into Blackberry Ridge Condominiums. TO HAVE AND TO HOLD the aforesaid Agreement to Transfer Sewer System and all privileges and appurtenances thereto belonging to the parties hereto, their heirs, successors and assigns. ' IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written Page 5 of 7 Susan Glenn STATE OF .u.� � �0.(oIEYtG COUNTY OF . V. . I, (fit a Notary Public of said County and State, do hereby certify that Susan Glenn, personally appeared before me this day and acknowledged the execution of the foregoing instrument, t WITNESS my hand and official seal this the �� day ofavee , bzr . 207. 6 tlKo . . t irrg, Notary Public Notary's Pr nb d or Typed Name My commis ion expires : Stacy R0 Ino Notary POND Watauga Oounty NOTARIAL SEAL: M COMMISStOfh1 Ezricrles 11 162018 Page 6 of 7 The Town of Blowing Rock A North Carolina Municipal Corporation By: •(SEAL) STATE OF IVIo. frAL VD I I n aoL COUNTYiqYD I n r` ' CN M9l a Notary Public of s 'd County and State, do hereby certify that ANalri�iirn+ r 2 of The Town of Blowing Rock, a North Carolina Municipal Corporation, personally appeared before me this day and acknowledged the execution of the foregoing instrument, WITNESS my hand and official se 1 this the I day of b c n/ r� 'r . 20 ( 4 a Yarn FI • reen & . Notary Public Notary's Printed or Typed Name M omrpission expires: Z l9 NOTA IAL3UPON H . GREENE Notary Public North Carolina Caldwell County Page 7 of 7 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE 11: j SUPERIOR COURT DIVISION COUNTY OF CALDWELL FILE NO. 16 CVS 125 STATE OF NORTH CAROLINA„eX rel., ) DONALD R. van der VAART, � '-- SECRETARY,NORTH CAROLINA ) DEPARTMENT OF ENVIRONMENTAL ) QUALITY, DIVISION OF WATER ) DEFAULT JUDGMENT RESOURCES, ) Plaintiff, ) V. ) SUSAN GLENN, ) ) Defendant. ) THIS CAUSE being heard by the undersigned Clerk of Superior Court of Caldwell County upon motion of plaintiff for default judgment against defendant, and it appearing to the Clerk from the verified complaint that this is an action on a claim for a sum certain or a sum which by computation can be made certain; that service was had upon defendant; that this Court has jurisdiction over the subject matter of this action; that defendant is not under disability and has failed to plead or appear in the time allowed by law; that default has been entered and that defendant is indebted to plaintiff in the sum of two hundred eighty-eight dollars and nine cents ($288.09), plus interest at the legal rate from February 5, 2016, without set off or counterclaim, and court costs in the amount of two hundred thirty dollars ($230.00). IT IS THEREFORE ORDERED,ADJUDGED AND DECREED that plaintiff have and recover of defendant, Susan Glenn,the sum of two hundred eighty-eight dollars and nine cents ($288.09),plus interest at the legal rate from February 5, 2016, and costs of two hundred thirty dollars($230.00). This the day of w ,2016. 7- 4o'k Superior Court Caldwell County RECEIVED APR 13 2016 Pl.C.A70AflEy GENERAL Enyrrq�n�Dion t STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE ` i{• 52SUPERIOR COURT DIVISION COUNTY OF CALDWELL , FILE NO. 16 CVS 125 L.Q.C. STATE OF NORTH CAROLINA, ex rel., } DONALD R. van der VAART, - - --}---- SECRETARY, NORTH CAROLINA ) DEPARTMENT OF ENVIRONMENTAL } QUALITY, DIVISION OF WATER ) ENTRY OF DEFAULT RESOURCES, ) } Plaintiff, ) } V. } SUSAN GLENN, ) Defendant. } THIS CAUSE being heard by the undersigned Clerk of Superior Court of Caldwell County upon motion of plaintiff for entry of default against defendant, Susan Glenn, and it appearing to the Clerk that service was had upon defendant, that defendant is not under disability and has failed to plead in the time allowed by law, and that defendant is subject to entry of default as provided by the Rules of Civil Procedure. NOW THEREFORE, default is hereby entered against defendant in this action as provided by Rule 55(a) of the Rules of Civil Procedure. This the_ day of 12016. Y Clerk o Superior Court Caldwell County RECEIVED APR 13 2015 N.C.ATTUtbvEY GENERAL Enmonmantm Division STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE 5 2 SUPERIOR COURT DIVISION COUNTY OF CALDWELL FILE NO. 16 CVS 125 - S.C. STATE OF NORTH CAROLINA, ex rel., } DONALD R. van der VAART, SECRETARY,NORTH CAROLINA } DEPARTMENT OF ENVIRONMENTAL ) QUALITY, DIVISION OF 'WATER } AFFIDAVIT IN SUPPORT OF MOTION RESOURCES, } FOR ENTRY OF DEFAULT AND } DEFAULT JUDGMENT Plaintiff, } V. } } SUSAN GLENN, ) Defendant. } James Bernier, Jr., being duly sworn according to law deposes and says the following: 1. I am an Assistant Attorney General employed by the North Carolina Department of Justice, and am assigned to represent the State in this action. 2. The plaintiff is and was at the time this action was filed the sovereign State of North Carolina. The North Carolina Department of Environmental Quality, formerly known as the Department of Environment and Natural Resources, is an agency of the State established pursuant to the provisions of N.C. Gen. Stat. § 14313-279.1, et seq. 3. Defendant, Susan Glenn, is and was at the time this action was instituted a citizen and resident of Caldwell County,North Carolina. 4. Defendant is not an infant, incompetent person, deployed in active military service, or otherwise under a legal disability. 5. This is an action commenced by the State to collect a civil penalty assessed against defendant and said penalty has not been paid. By its verified complaint, the State seeks to collect a civil penalty in the amount of two hundred eighty-eight dollars and nine cents ($288.09). 6. This action was instituted in this court on February 5, 2016, this court being a court of this State and having jurisdiction over the subject matter of this action, and Caldwell County is the proper venue for this action because defendant resides in Caldwell County(N.C. Gen. Stat. § 1-82). 7. Defendant was served with process on February 10, 2016, by sheriff in accordance with Rule 40)of the Rules of Civil Procedure. 8. Plaintiff incurred direct costs totaling two hundred thirty dollars ($230.00) in this action. The complaint filing fee was two hundred dollars ($200.00), for which a Civil Summons was issued on February 5, 2016. The fee for service of process by sheriff was thirty dollars ($30.00). 9. Time for filing an answer or other pleading by defendant has expired and no answer or other pleading has been filed by defendant, and defendant has not otherwise appeared to defend the action. This the day of A,r' 52016. r ames Bernier, Jr. Assistant Attorne eeneral STATE OF NORTH CAROLINA COUNTY OF WAKE Sworn to and subscribed before me this day by James Bernier, Jr. This the day of r �� ` ) 2016. I ) Danielle B Wilburn ul- NOTARY PUBLIC anielle B. Wilburn Wake County Notary Public State of North Carolina tAy Comm. Bxp, My commission expires: March 19,2018 [SEAL] CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing AFFI)AVIT IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT AND DEFAULT JUDGM"ENT�� defendant by depositing a copy in the United States mail, first class pnstage prepAid;h tessed as follows: - _....,. Susan Glenn 5970 Blowing Rock BV—32 Lenoir,NC 28645 This the day of " , 2016. ROY COOPER Attorney General By: L�times Bernier, Jr. Assistant Attorney General RECEIVED APR 13 2016 N.nvrc pgNEy GENERAL �xnentm Dtvlyon STATE OF NORTH CAROLINA '; --_' ~ IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF CALDWELL ;;: FILE NO. 16 CVS 125 STATE OF NORTH CAROLINA,•ex rel. l DONALD R. van der VAART, } SECRETARY,NORTH CAROLINA } _� DEPARTMENT OF ENVIRONMENTAL ) QUALITY, DIVISION OF WATER ) MOTION FOR ENTRY OF DEFAULT RESOURCES, ) AND DEFAULT JUDGMENT Plaintiff, ) V. } SUSAN GLENN, ) } Defendant. } Plaintiff, State of North Carolina, ex rel., Donald R. van der Vaart, Secretary,North Carolina Department of Environmental Quality, formerly known as the Department of Environment and Natural Resources, moves this court pursuant to Rule 55 of the Rules of Civil Procedure for entry of default on defendant and for a judgment by default. In support of its Motion for Entry of Default and Default Judgment, plaintiff respectfully shows this court the following: 1. As supported by plaintiff s attached Affidavit, defendant, Susan Glenn, has failed to plead or is otherwise subject to default as provided by the Rules of Civil Procedure. 2. Plaintiff s claim is for a sum certain, or for a sum which can by computation be made certain, in that this is an action pursuant to N.C. Gen. Stat. § 143-215.6A(g) to collect a civil penalty in the amount of two hundred eighty-eight dollars and nine cents ($288.09), plus interest from the date of the complaint, and costs. The civil penalty was lawfully assessed by plaintiff against defendant, and the amount of the penalty is no longer subject to review or modification. Defendant has failed to submit payment. 3. Defendant has failed to plead or appear and is otherwise subject to a default judgment as provided by the Rules of Civil Procedure. 4. Defendant is liable to plaintiff for the relief requested in the verified complaint by reason of the facts shown in the verified complaint. 5. There is due plaintiff from defendant the sum of two hundred eighty-eight dollars and nine cents ($288.09), as shown by the verified complaint, plus costs and interest from the date of the complaint. 6. Defendant is not an infant, incompetent person, deployed in active military service, or otherwise disabled. WHEREFORE,plaintiff prays this court for the following relief. 1. A default be entered against defendant, pursuant to Rule 55(a) of the Rules of Civil Procedure; 2. A default judgment be entered against defendant, pursuant to Rule 55(b)of the Rules of Civil Procedure; 3. Defendant be ordered to pay to plaintiff the sum of two hundred eighty-eight dollars and nine cents ($288.09), plus interest at the legal rate from the date of the complaint, without set off or counterclaim; 4. Defendant be taxed with the costs (as detailed in plaintiff's accompanying Affidavit) of this action in the amount of two hundred thirty dollars ($230.00), and for such further relief as the court may deem just and proper. � f rt This the day of 4� , 2016. ROY COOPER Attorney General B VAmes Bernier,Jr. ssistant Attorney Gene/al Bar No.: 45869 N.C. Department of Justice P.O. Box 629 Raleigh,NC 27602-0629 (919) 716-6600 jbernier@ncdoj.gov CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing MOTION FM ENTRY OF DEFAULT AND DEFAULT JUDGMENT on the defendant�y,depositing a,,capy n� the United States mail, first class postage prepaid, addressed as follows: � Susan Glenn 5970 Blowing Rock BV—32 Lenoir,NC 28645 This the day of� 52016. ROY COOPER Attorney General i B mes Bernier, Jr. Assistant Attorney General Triple T Pumping, Inc. 1372 NC Hwy 194 North Invoice Boone, NC 28607 828-262-5745 31�147 _ - Date k 1 �'1� 10/28/2016 Bill To ion.N1 L.. Blackberry Sewer Plant 131ackbcrry Sewer Plant PO Box 1770 10/24/2016 Blowing Rock NC 28605 Atten: Sue Glen Well Known Fact: Pumping the septic tank is the single most important thing that can he done to maintain and extend the life of the system. Item Description Amount Other Pumped Blackberry Sewer Plant (4000 gallon;) 1,300.00 We'rc 41 in a 42 Busincssl Total $1,300.00 We accept Visa, Master Card, American Express and Discover. Thank you for your business. Invoice# Check# Please return with payment to insure proper credit. All acounts are due on receipt. Water Quality Lab & Operations, Inc. P.O. Box 1167/ 1522 Tynecastle Highway Banner Elk, NC 28604 Ph. 828-898-6277 Fax 828-898-6255 September 29, 2016 Mr. Steven Reid NC Department of Environmental Quality Water Resources Division 1635 Mail Service Center Raleigh, NC 27699-1635 Re: Blackberry WWTP,NPDES No. NCO055611 Mr. Reid: Please accept this statement as certification that as of October 1, 2016, Water Quality Lab and Operations will no longer be the contract operator for Blackberry Condominiums W WTP, the above noted NPDES permit number. The plant is receiving no flow, and the condominiums are on a county-controlled septic system. The system owner, Sue Glenn, is in the process of rescinding her wastewater permit with your department. If you have any questions or concerns, or if I can be of assistance in any way, please do not hesitate to contact me. Sincere Paul Isenhour Laboratory Manager Cc: Linda Wiggs, Asheville Office, via e-mail Sue Glenn, Blackberry Condominiums, via e-mail