HomeMy WebLinkAboutNCG530064_owner name change_20201106Weaver, Charles
From: Weaver, Charles
Sent: Friday, November 6, 2020 7:42 AM
To: 'High Valley Trout Farm'
Cc: Heim, Tim
Subject: RE: transfer of NCG530064 - complete
Attachments: NCG530064_owner name change_20201106.pdf
Importance: High
Tracking: Recipient Delivery
'High Valley Trout Farm'
Heim, Tim Delivered: 11/6/2020 7:42 AM
Attached you will find the Ownership Change for Certificate of Coverage NCG5300064.
If you have any questions concerning this matter, simply reply to this message.
PLEASE NOTE: as part of the Division's conversion to paperless communication, this email is the
only notification you will be sent regarding the ownership change. No hard copy will be mailed,
unless you request one..
CHW
From: High Valley Trout Farm <highvalleytroutfarm@gmail.com>
Sent: Thursday, November 5, 2020 4:38 PM
To: Weaver, Charles <charles.weaver@ncdenr.gov>
Cc: Young, Brianna A <Brianna.Young@ncdenr.gov>
Subject: [External] Re: need owner documentation for Louissa Shore
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Feiport.spam@nc.gov
Here is the Commercial Lease agreement and other documentation from us fish & wildlife. I also have sent off for my NC
Aquaculture license which will be coming in two weeks. We just want to be current even if it has to renew under my
Grandfather Charles Ziegler. I own the Business now they own the land. Thank you for your help.
Louissa Shore
High Valley Trout Farm
1143 Ziegler Rd, Brevard NC 28712
Business Phone# 828-966-9244
On Thu, Nov 5, 2020 at 6:53 PM High Valley Trout Farm <highvalleytroutfarm@gmail.com> wrote:
Hello, Charles will the lease paperwork on the farm suffice? The business is now operating under Louissa Shore.
Louissa Shore
High Valley Trout Farm
1143 Ziegler Rd, Brevard NC 28712
Business Phone# 828-966-9244
On Thu, Nov 5, 2020 at 6:22 AM Weaver, Charles <charles.weaver@ncdenr.gov> wrote:
In order to transfer ownership we need documentation showing when Ms. Shore took ownership. Transylvania
County's online records still show Charles & Janette Ziegler as the owners of 1143 Ziegler Rd.
We need a:
property deed
or
bill of sale for the farm
Please send me the owner documentation and I can send you the new Certificate of Coverage.
Charles H. Weaver
Environmental Specialist
N.C. DEQ / Division of Water Resources
919-707-3616
charles.weaver(a-)ncdenr.gov
(mailing address) 1617 Mail Service Center, Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.
Weaver, Charles
From: Microsoft Outlook
To: 'High Valley Trout Farm'
Sent: Friday, November 6, 2020 7:42 AM
Subject: Relayed: RE: transfer of NCG530064 - complete
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
'High Valley Trout Farm'(hiahvalleytroutfarm(abgmail.com)
M
Subject: RE: transfer of NCG530064 - complete
Weaver, Charles
From:
High Valley Trout Farm < highvalleytroutfarm@gmail.com >
Sent:
Thursday, November 5, 2020 4:38 PM
To:
Weaver, Charles
Cc:
Young, Brianna A
Subject:
[External] Re: need owner documentation for Louissa Shore
Attachments:
High Valley Lease_20201105_0001.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
report.spam@nc.gov
Here is the Commercial Lease agreement and other documentation from us fish & wildlife. I also have sent off for my NC
Aquaculture license which will be coming in two weeks. We just want to be current even if it has to renew under my
Grandfather Charles Ziegler. I own the Business now they own the land. Thank you for your help.
Louissa Shore
High Valley Trout Farm
1143 Ziegler Rd, Brevard NC 28712
Business Phone# 828-966-9244
On Thu, Nov 5, 2020 at 6:53 PM High Valley Trout Farm <highvalleytroutfarm@gmail.com> wrote:
Hello, Charles will the lease paperwork on the farm suffice? The business is now operating under Louissa Shore.
Louissa Shore
High Valley Trout Farm
1143 Ziegler Rd, Brevard NC 28712
Business Phone# 828-966-9244
On Thu, Nov 5, 2020 at 6:22 AM Weaver, Charles <charles.weaver@ncdenr.gov> wrote:
In order to transfer ownership we need documentation showing when Ms. Shore took ownership. Transylvania
County's online records still show Charles & Janette Ziegler as the owners of 1143 Ziegler Rd.
We need a:
property deed
or
bill of sale for the farm
i
Please send me the owner documentation and I can send you the new Certificate of Coverage.
Charles H. Weaver
Environmental Specialist
N.C. DEQ / Division of Water Resources
919-707-3616
charles.weaver(a)ncdenr.gov
(mailing address) 1617 Mail Service Center, Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Ms. Louiss Michelle Shore
1143 Ziegler Rd
Brevard, NC 28712
Dear Ms. Shore:
NORTH CAROLINA
Environmental Quality
November 6, 2020
Subject: NPDES General Permit NCG530000
Transfer of NCG530064
High Valley Trout Farm
Transylvania County
The Division hereby transmits Certificate of Coverage (CoC) NCG530064, issued under
NPDES General Permit NCG530000. This action is taken to show that you are now the owner of
the subject facility. This CoC 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).
If any parts, measurement frequencies or sampling requirements contained in the General
Permit are unacceptable to you, you have the right to request an individual NPDES permit upon
written request within thirty (30) days following receipt of this letter. Unless such a request is
made, this transfer of the subject CoC shall be final and binding.
This CoC is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the CoC. This permit does not affect
the legal requirements to obtain other permits which may be required by any other
Federal, state, or local government. If you have any questions concerning this matter,
please contact Charles H. Weaver [charles.weaver@ncdenr.gov] in the NPDES program
Sincerely,
led,/ A 16�41 we,
le'r S. Daniel Smith
Director
cc: NPDES Unit (Laserfiche)
~ D QtINNNorth Carolina Department of Environmental Quality I Division of Water Resources
00, 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
a\ r 919.707.9000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
GENERAL PERMIT NCG530000
CERTIFICATE OF COVERAGE NCG530172
DISCHARGE FISH FARM AND SIMILAR WASTEWATERS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and
the Federal Water Pollution Control Act, as amended,
Louissa Michelle Shore
is hereby authorized to discharge fish farm wastewater from a facility located at the
High Valley Trout Farm
1143 Ziegler Rd
Brevard
Transylvania County
to receiving waters designated as Glady Fork, currently a class WS-II Trout HQW
waterbody in subbasin 04-03-05 of the French Broad River Basin, in accordance with the
effluent limitations, monitoring requirements, and other conditions set forth in Part I
hereof.
This certificate of coverage shall become effective November 6, 2020.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day November 6, 2020
//' �� /. I -
for S. aniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
33 34 35
NCG530064
High VaLLey Trout Farm
Receiving Stream: Glady Fork (to Cathey's Creek)
Stream Class: WS-II Trout HQW
Subbasin: 04-03-01
USGS Quad: Rosman, NC
Latitude: 35° 14' 10"
Longitude: 820 49' 23"
�1
Transylvania County
NOS& Map not to scale
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
GENERAL PERMIT NCG530000
to discharge from seafood packing and rinsing, aquatic animal operations,
and similarly designated wastewaters under the
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
NPDES)
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, this permit is hereby issued to all
owners or operators, hereafter Permittees, covered by this permit as evidenced by receipt of a Certificate
of Coverage (COC) issued by the Environmental Management Commission to allow the discharge of
wastewater in accordance with the effluent limitations, monitoring requirements, and other conditions
set forth in Parts I, II, III and IV hereof.
This permit shall become effective March 1, 2018.
This permit shall expire at midnight on March 30, 2021.
�dr `nda Culpepper
Interim Director, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6
General Permit NCG530000
PART I.
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A. EFFLUENT LIMITATIONS AND MONITORING REOUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge from outfalls numbered serially beginning with 001. Such discharges shall be limited and
monitored by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
LIMITS
MONITORING
REQUIREMENTS
Monthly
Averse
Weekly
Averse
Daily
Maximum
Measurement
Frequency
Sample
T e
Sample
Location
Flow
Annually
Estimate
Effluent
Total Suspended Solids
30.0 mg/L
60.0 mg/L
Annually
Grab
Effluent
Settleable Solids
5.0 ml/L
10.0 ml/L
Annually
Grab
Effluent
Dissolved Oxygen 2
Annually
Grab
Effluent
Footnotes:
(1) If the Permittee discharges to a stream classified as High Quality Waters (HQVV), the Daily Maximum limit
for Total Suspended Solids shall not exceed 20.0 mg/L. If the discharge is to waters classified as Trout (Tr),
the Daily Maximum limit for Total Suspended Solids shall not exceed 10.0 mg/L (See Certificate of
Coverage [COC] cover letter for receiving -stream classification).
(2) Daily Average effluent concentration of Dissolved Oxygen shall not fall below 6.0 mg/L.
General Conditions:
a. Although annual reporting to the Division is not required, routine records maintenance (see Part I Section
E. Best Management Practices [BMP] Plan) is required; each item, including laboratory monitoring data,
is to be kept onsite for a minimum of three (3) years, available for inspection upon request by the
Division.
b. Effluent pH for classified freshwater shall not fall below 6.0 nor exceed 9.0 standard units.
c. Effluent pH for classified saltwater shall not fall below 6.8 nor exceed 8.5 standard units.
d. The Permittee shall discharge no floating solids or foam.
e. CAAP facilities discharging to a waterbody classified Nutrient Sensitive Waters (NSW) shall use low -
phosphorus food (see Certificate of Coverage [COC] for receiving -stream classification).
f. No fish/seafood offal or fish/seafood carcasses shall discharge from any facility covered by this General
Permit.
NOTE: Special Condition - Section E: This Certificate of Coverage (COC) requires the Permittee to submit
to the Division a written plan addressing Operation and Maintenance Best Management Practices (BMPs) in
accord with Part 1, Section E. of this permit. Compliance with Section E. shall commence on the anniversary of
the effective date, one (1) year from the issuance of the Certificate of Coverage (COC).
Page 2 of 6
General Permit NCG530000
SECTION B. SCHEDULE OF COMPLIANCE
[G. S. 143-215.1(b)]
1. The Permittee shall comply with Final Effluent Limitations by the effective date of the Certificate of
Coverage (COC).
2. Permittee shall at all times provide the planning, scheduling and maintenance necessary to operate the
existing facilities in accordance with Part H. C. (2) and Part I. Section E. of this permit.
3. The permittee shall at all times manage accumulated solids in such a manner that accumulated solids are not
discharged to the receiving stream. Sweeping, raking, or otherwise intentionally discharging accumulated
solids from raceways or ponds to the receiving stream is prohibited.
SECTION C. APPLICABILITY
[40 CFR 122; NCGS 143-215]
1. This General Permit covers point -source discharges from Concentrated Aquatic Animal Production (CAAP)
facilities, seafood/fish packing and rinsing operations, and any other discharge deemed by the Division to be
similar.
2. A Concentrated Aquatic Animal Production (CAAP) facility, subject to the NPDES program is defined,
but not limited to, a hatchery, fish farm, pond, raceway, net pen, submerged cage system, recirculating
system, flow -through system, or similarly structured facility that meet Cold- or Warm -Water definitions and
criteria.
a. Cold -Water species facilities that meet or exceed all three (3) of the following:
(1) produce a minimum 20,000 lbs (9,072 kilos) harvest -weight of aquatic animals per year, and
(2) feed more than 5,000 lbs (2,268 kilos) of fish food per calendar month, and
(3) discharge more than 30 days per year.
b. Warm -Water species facilities that meet or exceed both of the following:
(1) produce a minimum 100,000 lbs (45,359 kilos) harvest -weight of aquatic animals per year, and
(2) discharge more than 30 days per year.
c. The Director may designate any cold or warm water aquatic animal production facility a Concentrated
Aquatic Animal Production (CAAP) facility, or may require an individual NPDES permit, upon
determining that it is a significant contributor of pollution to the surface waters of North Carolina.
This General Permit does not apply to seafood/fish processing (requiring regulation under Federal
Guidelines), and/or to CAAP facilities deemed to require an individual NPDES permit. Facilities not meeting
the minimum requirements of CRAP, as herein defined, are exempt from monitoring and reporting under this
permit.
Page 3 of 6
General Permit NCG530000
SECTION D. DISCHARGE CHARACTERISTICS
[40 CFR 122.41; NCGS 143-215]
1. Activities Covered by This General Permit
This General Permit covers point source discharges originating from seafood pacldng & rinsing
operations, as defined by 15A NCAC 2H .0103 (19), and from fish farms and hatcheries defined as
Concentrated Aquatic Animal Production (CAAP) facilities with production levels above specified
minimums (see permit Part I, Section C. Applicability [a], [b], and [c]), and any other discharges deemed
similar by the Director.
This General Permit specifically excludes seafood/fish-processing deemed process -contact waste -
generating activities (including but not limited to, gutting, cutting, picking, shucking, cooking, steaming,
rendering) requiring an individual NPDES permit under 40 CFR 408, Subparts A through AG, or other
facility deemed by the Division to require an individual NPDES permit.
2. Geog_raRhic Area(s) Covered by This General Permit
This General Permit covers discharges located within the political boundary of the State of North
Carolina. (Exception: Discharges located on the Cherokee Indian Tribal Reservation subject to permitting
by the US Environmental Protection Agency.)
3. Receiving Waters
Receiving waters include all surface waters of the State of North Carolina including separate municipal
storm sewer systems conveying water to these surface waters.
4. Wastewater Characteristics
Discharges consist of seafood/fish rinse water or wash -down water only, or effluents from Concentrated
Aquatic Animal Production (CAAP) facilities, as defined by this permit. These wastewaters may contain
solids as mud, sand or vegetation, fish food and drugs, accumulated during or after the hatchery and
recovery of fish or seafood.
SECTION E. SPECIAL CONDITION — BEST MANAGEMENT PRACTICES (BMP) PLAN
[NCGS 143-215.1(b)]
Fish food -production facilities defined by this permit as Concentrated Aquatic Animal Production (CAAP)
facilities (See Part I, Section C. Applicability), and process greater than 100,000 pounds of product per year,
shall develop and maintain a written BMP plan describing how to achieve compliance with EPA 40 CFR Sec.
451.11(a) through (e) or Sec. 451.21(a) through (h). Subject to this Part, the Permittee shall certify in writing to
the Division that a BMP Plan has been developed and implemented, and make the plan available to the Division.
This permit also defines narrative conditions to address the potential for CAAP wastewaters to impact the
environment such as equipment/component failure and spilled materials (drugs, pesticides, fish carcasses,
viscera, excess feed, feed bags, packaging materials, netting and/or other wastes). The following summarizes
these narrative limitations to be addressed or referenced in the BMP Plan.
1. Operation and Maintenance BMP Plan. Within one (1) year of the COC effective date, the CAAP facility
owner or designated operator must developed and implement an Operations and Maintenance BMP Plan, as
defined herein (in accord with 40 CFR 451.3), and certify in writing by submitting a co2y of this plan to the
Division. The BMP Plan shall include regular records keeping; each sample, analysis, measurement, report or
application to remain onsite for a minimum of three (3) years, available for Division inspection. The BMP
Plan shall be updated annually and a copy dated and signed by the facility manager, shall be kept onsite and
be available for inspection. This BMP Plan shall address, at a minimum, the following:
Page 4 of 6
General Permit NCG530000
a. Materials Management — CAAP facilities shall ensure proper storage of drugs, pesticides and feed to
prevent spills and any resulting discharges of drugs and pesticides. The BMP plan shall describe how the
facility minimizes solids discharges and how it complies with prohibitions on the discarding of feedbags
and/or other solid waste materials. Equipment used to manage solids or otherwise control the discharge
of floating, suspended or submerged matter shall be cleaned and maintained at a sufficient frequency to
prevent the discharge of floating, suspended or submerged matter. Net pens must minimize the
accumulation of uneaten feed beneath the pens through active feed -monitoring and management
strategies.
b. Inspection and Maintain of Facilities and Containment Structures — The Permittee shall provide
inspection and regular maintenance of all CAAP production and treatment systems to prevent structural
damage.
c. Spill Response and Prevention — The Permittee shall define and implement procedures, and acquire any
relevant materials and equipment necessary to contain and respond to loss of fish, fish parts and offal,
feed, pesticides, drugs, or other materials potentially hazardous to the waters of the state.
d. Training — The Permittee shall train personnel in the responsible use and handling of materials, effective
facility inspections, and maintenance of CAAP systems (as described above). Training shall include
documenting and reporting to the Division any spill, containment -structure failure, or drug use (see
Reporting Requirements).
2. Reporting Requirements. As a means to prevent adverse impacts in the receiving stream, the Division
requires reporting of facility damage, material spills, voluntary or involuntary drug testing, and drug use. The
Division expects facilities to implement proper storage for these products, and implement procedures for
containing, cleaning and disposing of spilled material. CAAP facilities shall make oral and written reports to
the Division (See 40 CFR 451.3), as follows.
a. Spills — the Permittee shall alert the Division to any loss of hazardous materials such drugs, pesticides or
feed with potential impact to the environment. The Permittee shall make an oral report to the Division
within 24 hours of the spill's occurrence followed by a written report within 5 days. The report shall
identify the material spilled and estimate the amount (40 CFR 451.3). Upon receiving the oral report, the
Division may on a case -by -case basis, differ the requirement for a written report.
b. Damage or Breach of Containment Structures — the Permittee shall alert the Division to any damage
to containment structures such as berms, containers, ponds or nets that results in a loss of materials
hazardous to the receiving stream. The Permittee shall make an oral report to the Division within 24
hours of the spill's occurrence followed by a written report within 5 days. The report shall identify the
material spilled and estimate the amount spilled (40 CFR 451.3). Upon receiving the oral report, the
Division may on a case -by -case basis, differ the requirement for a written report.
c. Participation in INAD Testing and the Use of Extralabel Drugs — CAAP facilities must notify the
Division in writing within 5 days of volunteering to participate in investigational new animal drug
(INAD) testing, in accordance with 40 CFR 451.3. The Permittee shall report the intended use of INADs
and any extralabel drugs both orally and in writing. Based on the oral report, the Division may implement
site -specific action, as warranted. The written report shall identify and confirm the use of the drug, and
provide more complete data for fixture analysis and measures control.
INAD or Extralabel Drug Reporting Exception: If the Division has already approved a Permittee's
use of a specific INAD or extralabel drug, additional approval to treat another species, or to treat another
disease using this INAD or extralabel drug, is not necessary provided that the Permittee maintain similar
treatment conditions and restrict the dosage not -to -exceed the approved dosage (See 40 CFR 451.3).
Page 5 of 6
General Permit NCG530000
SECTION F. NOTICE OF INTENT
[40 CFR 122.41(b)]
Individuals intending to obtain coverage under this General Permit shall submit a Notice of Intent (NOI) and an
Application for Certificate of Coverage (COC). A current version of these documents can be obtained by
contacting the Water Quality Permitting Section / NPDES Wastewater Permitting Unit at 919-807-6377, or may
be downloaded from the internet at: https://deq.nc.gov/about/divisions/water-resources/water-quality-
permitting/npdes-wastewater/npdes-permitting/general.
NOIs must be signed and submitted to:
Division of Water Resources
Water Quality Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Applicants who have submitted an NOI are not authorized to discharge until the Division issues a Certificate of
Coverage. In general, the NOI shall include the following information:
1. The mailing address and telephone number for the owner and/or operator.
2. The facility name, address, and telephone number where the discharge will occur.
3. The permit number of any NPDES permit(s) for any discharge(s) from the site.
4. A description of the discharge, including the number of discharge points, the volume of discharge, the
frequency of discharge and any treatment methods applied prior to discharge.
5. The name of the receiving waters and the stream classification (if known).
6. An analysis of non -discharge alternatives, including connection to a regional sewer collection system,
subsurface disposal and spray irrigation.
7. A 7.5-minute series USGS topographic map clearly indicating the discharge location.
8. Final plans and specifications for the treatment system including all major components (if applicable).
9. Certification that the information contained in the NOI is true, complete, and accurate.
Page 6 of 6
OMB Control No. /u,ono* cynir*s:,213^2o,x
Page 1 of
| License
Issuing Office:
Department ofthe Interior
U.S.FISH AND WILDLIFE SERVICE
Office ofLaw Enforcement
187GCentury Boulevard, Suite 38D
Atlanta, GA3O345
Te|:4O4-67@-7195
Emai|:pannitaEaotLE@fvva.gov
Permhtee:
Principal Officer: LUUGSAK4|CHELLEMOORE'OWNER
Permit Number: A19220
Date Effective: 18/30/2020 Date Expires: 09/30/2021
mstrumenissxammer
Authority - Statutes and Regulations: 1GUSCi538(d)�GOCFR13;50CFR14
Location where authorized activity may be conducted: Any Designated Port per 50CFR14(unless further restricted
below),
Reporting Requirements: Licensee is required to maintain records per 50 CFR 13 and 14. Acceptance of this license
authorizes inspection ofrecords per 5OCFR13.
Conditions and Authorizations:
A. General conditions set out in Subpart D of 50 CFR 13, and specific conditions contained in federal regulations cited above,
are hereby made mpart ofthis permit. All activities authorized herein must becarried out inaccord with and for the
purposes described in the application submitted, Continued validity, or renewal, of this permit is subiect to complete and
timely compliance with all applicable conditions, including the filing of all required information and reports.
B. The validity of this permit is also conditioned upon strict observance of all applicable foreign, state, local, tribal, or other
federal law.
C.Valid for use bypernnitteenamed above.
D. Licensee is responsible for requesting renewal of license at least 30 days prior to the expiration date as outlined in 50 CFR
13. Service Law Enforcement Officers will not clear shipments presented for import or export under expired licenses.
E, Licensee is authorized to import/export wildlife and/or wildlife products at the port(s) specified above.
F.Licensee must comply with all import/export procedures aaoutlined in50CFR14.
COMMERCIAL LEASE AGREEMENT
THIS LEASE (this "Lease") dated this -2 'HA day of,5e-P4e-mber , *20,20
BETWEEN:
Charles & Janette Ziegler of 1141 Ziegler Road, Brevard, NC 28712
Telephone: (828) 884-2581
(the "Landlord")
9F.13-01E
Louissa Shore
High Valley Trout Hatchery of 1143 Ziegler Road, Brevard, NC 28712
Telephone: (828) 966-9244
(the "Tenant")
IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant
leasing those premises from the Landlord and the mutual benefits and obligations set forth in this
Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to
this Lease (the "Parties") agree as follows:
Definitions
1. When used in this Lease, the following expressions will have the meanings indicated:
a, "Additional Rent" means all amounts payable by the Tenant under this Lease
except Base Rent, whether or not specifically designated. as Additional Rent
elsewhere in this Lease;
b. "Building" means "Old House" & Hatchery Building, tractor shed, white garage,
equipment, fixtures, property and facilities located at 1143 Ziegler Road., Brevard,
NC 28712.
c. "Common Areas and Facilities" mean:
those portions of the "Old House" and Hatchery Building areas, buildings,
improvements, facilities, utilities, equipment and installations in or
forming part of the "Old House" and Hatchery Building which from time
to time are not designated or intended by the Landlord to be leased to
tenants of the "Old House" and Hatchery Building including, without
limitation, exterior weather walls, roofs, entrances and exits, parking
areas, driveways, loading docks and area, storage, mechanical and
electrical rooms, areas above and below leasable premises and not
included within leasable premises, security and alarm equipment, grassed
and landscaped areas, retaining walls and maintenance, cleaning and
operating equipment serving the "Old House" and Hatchery Building; and
ii. those lands, areas, buildings, improvements, facilities, utilities, equipment
and installations which serve or are for the useful benefit of the Building,
the tenants of the Building or the Landlord and those having business with
them, whether or not located within, adjacent to or near the Building and
which are designated from time to time by the Landlord as part of the
Common Areas and Facilities;
d. "Leasable Area" means with respect to any rentable premises, the area expressed
in square feet of all floor space including floor space of mezzanines, if any,
determined, calculated and certified by the Landlord and measured from the
exterior face of all exterior walls, doors and windows, including walls, doors and
windows separating the rentable premises from enclosed Common Areas and
Facilities, if any, and from the center line of all interior walls separating the
rentable premises from adjoining rentable premises. There will be no deduction or
exclusion for any space occupied by or used for columns, ducts or other structural
elements;
e. "Premises" means the "Old House" and Hatchery Building premises at 1143
Ziegler Road, Brevard, NC 28712.
f. "Rent" means the total of Base Rent.
Intent of Lease
2. It is the intent of this Lease and agreed to by the Parties to this Lease that rent for this
Lease will be on a gross rent basis meaning the Tenant will pay the. Base Rent, and the
Landlord will be responsible for all other service charges related to the Premises and the
operation of the Building save as specifically provided in this Lease to the contrary.
Leased Premises
3. The Landlord agrees to rent to the Tenant the "Old House", Hatchery Building, tanks,
and all water ways used for fish farming including intakes, ponds, springs and wells on
the commercial premises municipally described as 1143 Ziegler Road, Brevard, NC
28712, (the "Premises").
The Premises will be used for only the following permitted use (the "Permitted Use"):
Fish hatchery and farming.
Term
4. The term of the Lease commences at 12M noon on September 12, 2020 and ends at
12:00 noon on September 12, 2200 (the "Term")
5. Notwithstanding that the Term commences on September 12, 2020, the Tenant is entitled
to possession of the Premises at 12:00 noon on September 12, 2020.
6. Should the Tenant remain in possession of the Premises with the consent of the Landlord
after the natural expiration of this Lease, a new tenancy from year to year will be created
between the Landlord and the Tenant which will be subject to all the terms and
conditions of this Lease but will be terminable upon either party giving one months
notice to the other party.
Rent
7. Subject to the provisions of this Lease, the Tenant will pay a base rent of 20% of any
yearly income after tax, payable per year, for the Premises (the "Base Rent"), without
setoff, abatement or deduction. In addition to the Base Rent, the Tenant will pay for any
fees or taxes arising from the Tenant's business.
8. The Tenant will pay the Base Rent on or before the first of each and every year to the
Landlord.
9. No acceptance by the Landlord of any amount less than the full amount owed will be
taken to operate as a waiver by the Landlord for the full amount or in any way to defeat
or affect the rights and remedies of the Landlord to pursue the full amount.
Use and Occupation
10. The Tenant will open the whole of the Premises for business to the public throughout the
Tenn, and will continuously occupy and utilize the entire. Premises in the active conduct
of its business in a reputable manner.
11. The Tenant covenants that the Tenant will carry on and conduct its business from time to
time carried on upon the Premises in such manner as to comply with all statutes, bylaws,
rules and regulations of any federal, state, municipal or other competent authority and
will not do anything on or in the Premises in contravention of any of them.
Quiet Enjoyment
12. The Landlord covenants that on paying the Rent and performing the covenants contained
in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Premises
for the agreed term.
Tenant Improvements
13. The Tenant will obtain written permission from the Landlord before doing any of the
following:
a. Any building of new or permanent structures or buildings.
b. Any altering to land such as new fish tanks or digging for purposes of new
construction.
Utilities and Other Costs
14. The Tenant is responsible for the direct payment of the following utilities and other
charges in relation to the Premises: All general Utilities including Phone, Electricity, etc.
Insurance
15. The Tenant is hereby advised and understands that the personal property of the Tenant is
not insured by the Landlord for either damage or loss, and the Landlord assumes no
liability for any such loss. The Tenant is advised that, if insurance coverage is desired by
the Tenant, the Tenant should inquire of Tenant's insurance agent regarding a Tenant's
policy of insurance.
Abandonment
16. If at any time during the Tenn, the Tenant abandons the Premises or any part of the
Premises, the Landlord may, at its option, enter the Premises by any means without being
liable for any prosecution for such entering, and without becoming liable to the Tenant
for damages or for any payment of any kind whatever, and may, at the Landlord's
discretion, as agent for the Tenant, relet the Premises, or any part of the Premises, for the
whole or any part of the then unexpired Term, and may receive and collect all rent
payable by virtue of such reletting, and, at the Landlord's option, hold the Tenant liable
for any difference between the Rent that would have been payable under this Lease
during the balance of the unexpired Term, if this Lease had continued in force, and the
net rent for such period realized by the Landlord by means of the reletting. If the
Landlord's right of reentry is exercised following abandonment of the premises by the
Tenant, then the Landlord may consider any personal property belonging to the Tenant
and left on the Premises to also have been abandoned, in which case the Landlord may
dispose of all such personal property in any manner the Landlord will deem proper and is
relieved of all liability for doing so.
Governing Law
17. It is the intention of the Parties to this Lease that the tenancy created by this Lease and
the performance under this Lease, and all suits and special proceedings under this Lease,
be construed in accordance with and governed, to the exclusion of the law of any other
forum, by the laws of the State of North Carolina, without regard to the jurisdiction in
which any action or special proceeding may be instituted.
Severability
18. If there is a conflict between any provision of this Lease and the applicable legislation of
the State of North Carolina (the 'Act), the Act will prevail and such provisions of the
Lease will be amended or deleted as necessary in order to comply with the Act. Further,
any provisions that are required by the Act are incorporated into this Lease.
Assignment and Subletting
19. The Tenant will not assign this Lease in whole or in part, nor sublet all or any part of the
Premises, nor grant any license or part with possession of the Premises or transfer to any
other person in whole or in part or any other right or interest under this Lease (except to a
parent, subsidiary or affiliate of the Tenant), without the prior written consent of the
Landlord in each instance, which consent will not be unreasonably withheld so long as
the proposed assignment or sublease complies with the provisions of this Lease.
20. Notwithstanding any assignment or sublease, the Tenant will remain fully liable on this
Lease and will not be released from performing any of the terms, covenants and
conditions of this Lease.
21. If the Lease is assigned or if the Premises or any part of the Premises are sublet or
occupied by anyone other than the Tenant, the Landlord may collect rent directly from
the assignee, subtenant or occupant, and apply the net amount collected, or the necessary
portion of that amount, to the rent owing under this Lease.
22. The prohibition against assigning or subletting without the consent required by this Lease
will be constructed to include a prohibition against any assignment or sublease by
operation of law.
23. The consent by the Landlord to any assignment or sublease will not constitute a waiver of
the necessity of such consent to any subsequent assignment or sublease.
defeat or affect in any way the Landlord's rights in respect of any subsequent default or
breach.
32. This Lease will extend to and be binding upon and inure to the benefit of the respective
heirs, executors, administrators, successors and assigns, as the case may be, of each party
to this Lease. All covenants are to be construed as conditions of this Lease.
33. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease
will be deemed to be Additional Rent and will be recoverable by the Landlord as rental.
arrears.
34. Where there is more than one Tenant executing this Lease, all Tenants are jointly and
severally liable for each other's acts, omissions and liabilities pursuant to this Lease.
35. In the event of legal separation and or divorce of the tenant, John Dustin Shore will
receive no financial or physical assets accrued during the lease period of the tenant
Louissa Michelle Shore and John Dustin Shore will leave the leased premise.
36. Time is of the essence in this Lease.
37. This Lease will constitute the entire agreement between the Landlord and the Tenant.
Any prior understanding or representation of any kind preceding the date of this Lease
will not be binding on either party to this Lease except to the extent incorporated in this
Lease. In particular, no warranties of the Landlord not expressed in this Lease are to be
implied.
Maintenance
24. The Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in
good and sanitary condition and repair during the Term and any renewal of this Lease.
25. In particular, the Tenant will keep the fixtures in the Premises in good order and repair.
The Tenant will, at Tenant's sole expense, make all required repairs to the plumbing,
range, heating apparatus, and electric and gas fixtures whenever damage to such items
will have resulted from the Tenant's misuse, waste, or neglect or that of the Tenant's
employee, family, agent, or visitor.
26. The Tenant will be responsible at its own expense to replace all electric light bulbs, tubes,
ballasts or fixtures serving the Premises.
Care and Use of Premises
27. The Tenant will promptly notify the Landlord of any damage, or of any situation that may
significantly interfere with the normal use of the Premises.
28. The Tenant will not engage in any illegal trade or activity on or about the Premises.
29. The Landlord and Tenant will comply with standards of health, sanitation, fire, housing
and safety as required by law.
Surrender of Premises
30. At the expiration of the lease term, the Tenant will quit and surrender the Premises in as
good a state and condition as they were at the commencement of this Lease, reasonable
use and wear and damages by the elements excepted.
General Provisions
31. Any waiver by the Landlord of any failure by the Tenant to perform or observe the
provisions of this Lease will not operate as a waiver of the Landlord's rights under this
Lease in respect of any subsequent defaults, breaches or nonperformance and will not
IN «-ITNESS «HEREOF the Parties to this Lease have duty affixed their signatures under
hand any :-,al, or by a duly authorized officer under seat, on this -21-/47 day of
jm
Charles & Janette Ziegler (Landlord)
Louissa Michelle Shore (Tenant)
John Dustin Shore (Tenant's Spouse)