HomeMy WebLinkAboutWQ0031396_Regional Office Physical File Scan Up To 1/13/2021
March 18, 2019
JACK MINSKI – MANAGING MEMBER
LAKE POINT PROPERTIES ON SANTEETLAH, LLC
1815 GRIFFIN ROAD, SUITE 404
DANIA, FLORIDA 33004
Subject: Application No. WQ0031396
Additional Information Request
Santeetlah Lakeside WWTP
Reclaimed Water Generation and
Dedicated Utilization System
Graham County
Dear Mr. Minski:
Division of Water Resources’ Central and Regional staff has reviewed the application package
received December 19, 2018. However, additional information is required before the review may be
completed. Please address the items on the attached pages no later than the close of business on April 17,
2019.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina
rules and regulations. Any oversights that occurred in the review of the subject application package are
still the Applicant’s responsibility. In addition, any omissions made in responding to the outstanding items,
or failure to provide the additional information on or before the above requested date may result in your
application being returned as incomplete.
Please reference the subject application number when providing the requested information. All
revised and/or additional documentation shall be signed, sealed and dated (where needed), with two paper
copies and one electronic copy.
If you have any questions regarding this request, please do not hesitate to contact me at (919) 707-
3660 or tessa.monday@ncdenr.gov. Thank you for your cooperation.
Sincerely,
Tessa Monday, Environmental Engineer
Division of Water Resources
cc: Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Permit Application File WQ0031396
Mr. Jack Minki
March 18, 2019
Page 2 of 2
A. Application (15A NCAC 02T .0105 & .0115(b)):
Application Form Item E requires a signed Operational Agreement to be submitted. The applicant must
either verify to not be a developer of lots to be sold or provide a signed Operational Agreement.
Divlsiari of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE
INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION
This form is for ownership changes or name changes of a non -discharge system permit- Please note that '*Permittee"
references the existing permit holder, .and that "Applicant" references the entity applying for the ownershipinarrte change.
Far more informatwn, visit the Water Quality Permitting Sections Non -Discharge Permitting Urat website
A. Iron -Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) Application (All Applications):
❑ Submit an original completed and appropriately executed Non -Discharge Permit OwnershipfNasne Change (FORM:
NDPONC 06-16) application.
The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T -0 06(b). Per 15A NCAC 02T
_0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who
meets the criteria in 15A NCAC 02T =OI06(b).
❑ The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an
alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the
criteria in 15A NCAC O2T ,4106(0.
B. Existing Permit (All Applications):
❑ Submit a copy of the most recently issued permit.
C. Property Ownership Documentation (All Applications):
> Per 15A ,:CAC (2TT0504(i'), 15A NCAC 02T .0604(e), I5A NCAC 02T 07 (,15A NCAC 02T.0804, l 5A NCAC 0.2T
.1004(4 15A NCAC 02T-1 I04(d)(7), 15A NCAC 02T..110eX5),15 i NCAC 02110201(e) or i5ANCAC 02U .02020
the Applicant shall demonstrate they are the owner of all property containing the non -discharge system facilities:
to Legal documentation of ownership (i.e., CIS, deed or article of incorporation), or
17 Written notarized intent to purchase agreement signed by both parties with a plat or survey map. or
O Written notarized lease agreement that specifically indicates the intended use of the property and has been signed by both
parties, as well as a plat or survey map. Lease agreements shall adhere to the requirements of i5A NCAC (321,.0107.
D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility):
❑ Per 15A NCAC 02T .0115(a)(1), provide one copy of the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served
by the non -discharge system.
E. Operational Agreements (All Applications where the Applicant is a Home./Property Owners. Association or Developer of lots to
be sold):
• Home/Prppe Owners' Associations
❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement((FOR: HOA).
..............
El Per 15A NCAC 02T.0115(e), submit an original proposed or approved Articles of Incorporation Declarations and By-
laws.
> Developers of lots to be sold
❑ Per 15A NCAC 02T .115(b),submit an original of the properly executed Operational Agreement (FORM: i?EV).
F. Operation and Maintenance Agreement (All Applications for Single -Family Wastewater Irrigation Systems):
❑ Per 15A NCAC 02T 060401, submit an original of a notarized Operation and Maintenance Agreement (FORMSFRWrFWIS
O&M) that has been signed and dated by all deeded property owners.
1'LLE COMPLETED APPLICATION AND SUPPORTLNG DOCUMENTATION SHALL BE SUBMITTED TO:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIISION OF WATER RESOURCES
WATER QUALI''Y PERMUTING SECTION
NON -DISCHARGE BRANCH
By U.F.S. Postal Service:
1617 MAIL SERVICE CENTER
RALEIGIL NORTH CAROLINA 27699-1617
By Courier/Special Delivery:
512 N. SALISBURY ST.
RALEIGH. NORTH CAROLINA 27604
TELEPHONE NUMBER: (919) 707-3654
INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION Page 1 of 1
' � of Water esaurces
State of North Carolina
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE
FORM NDPONC 06-16
L EXISTING PERMI t'1 EE INFORMATION:
1. Permittee`s one: IBEX 'Thunderbird, LLC
2. Signature authority's name: JoseF. Rasado. per 15A NCAC 02T .01060) Tifile•. President
3. Pertnittee's mailing address: I3002 San Jose Street
City: Coral Gables State: FL Zip: 33156-
4. Pertnittee's contact information: Phone number: (305) 772-5111 Email Address: Rosado,.jf gmailc
5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120:
Has the Pernuttee or any parent, subsidiary or other affiliate exhibited the following?
a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.6B? fl Yes or ta No
b. Haspreviously abandoned a wastewater treatment facility without properly closing that facility? 0 Yes or No
c. Has unpaid civil malty where all appeals have been abandoned or exhausted? [ Yes or El No
d. Is non -compliant with anexisting non -discharge permit, settlement agreement or order? Q Yes or M 4 ' o
e. Has unpaidannual fees in accordance with 15A NCAC 02T.0105(e)(2)? 0 Yes or U No
II. FACILITY INFORMATION:
I. Facility name: Santeedah Lakeside side_ WTP
2. Facility's physical address: 14 Marina „Dui
City: Lake Santcetlah State: NC Zip: 28771-- County: Graham
Iii. PERMIT P FOILMAT1ON:
1. Existing permit number: WQ0031396 and most recent issuance date: ?vlay 15, 2007
2. Existing permit type: Reclaimed Water Local Program Approval
3. Reason for the permit application: Change of Ownership
4. Has the facility been constructed?
Yes or No
IV. APPLICANT LNFORMATION:
I. Applicant's name: Lake Point PropertiesOnSanteellah,LLC
2. Signature authority's name: JackNlhaskt per t5A NCAC 02T .0106(b)
3. Applicant's mailing address: 15. ffin Rd.#
City: Dania State: FL Zip: 33004-
4. Applicant's contact information: Phone number: (786) 271 7850 Email Address: jack@futura-capitaLcom
5. Demonstration of historical .consideration for permit approval —15ANCAC 02T .0120;
Has the Applicant or any parent, subsidiary or other affiliate exhibited the following?
a. Has been convicted of environmental crimes under Federal law or G.S. I43-215.6B? ] Yes or No
b. Has previously abandoned a wastewater treatment facility without properly closing that facility? {] Yes or i No
c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? Q Yes or [1 No
d. Is non -compliant with an existing non -discharge pert<nit, settlement agreement or order? El Yes or El No
e. Has unpaid annual fees inaccordance with t 5A NCAC A2T. 145(e)(2)? Yes or No
Title: .
FORM: NDPONC 06-16
Page 1 of 2
Existing I" ermittee's Certification. per I5A NCAC 02T .0106(16:
S'1 f 7 77/0 0EZ 9) attes� this 1 c &t o y
(Signature Authority's name & title from Application Item .)
(Facility name from Application Item
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand thatprior to reissuance of the
permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result
in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will. make no claim against
the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of
this application package are not completed and thatif all required supporting information and attachments are not included, this
application package will be returned as incomplete. I further certify that the existing Permittee or any affiliate has not been convicted
of an environmental crime. has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty
where all appeals have been exhausted or .abandoned, are compliant with any active compliance schedule, and do not have any
overdue annual fees per 15A NCAC 02T .0195(e).
NOTE — In accordance with
representation, or certifica
exceed $I0,000 as well
Signature:
eral Statute
n in any applieati
civil b ~35:�� apt.
43-21.5.E and 143-215.6B, any person who knowingly makes any false statement,
pac , _e shall be guilty of a Class 2 misdemeanor, which may include a fine not to
S2 : i t per violation.
Date:
it;? 9*/' 8-e
Applicant's Certification per 15A
T 1O6(h):
o 4 SN4 ArEt'Tla'FL, LA.C.
J� e-•t , c k :K.l para.rl fhvn&. f tpxc c5 P97 rrT t' tc sit
'es that this application for
(Signature Authority's name it title from Application Item IV.2.)
Sp4-.Yr y Pc\-\ LA'r.CI 04>......,.t/'kaiTr ..._ _.. ,, a__
(Facility name from Application Item MI.)
has been reviewed by me and is accurate and complete to the best of my .knowledge. I understand that after reissuance of the permit
into the Applicant's milli-, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an
enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the
Division of Water Resources should a condition of this permit be violated, I also understand that if all required parts of this
application package are not completed and that if all required supporting information and attachments are not included, this
application package will be returned to me as incomplete. 1 further certify that the Applicant or any affiliate has not been convicted of
an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty
where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any
overdue annual fees per 15ANCAC412T .0105(e).
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6)3, any person who knowingly makes any false statement,
representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed SI0,000 ash civil penalties up to $25,000 per violation.
Signature:
Date: ................ 1.4-19
FORM: NDPONC 06-16
FORM: NDPONC 06-16
Page 2 of 2
Page 2 of 2
1
Willmer, Mikal
From:Davidson, Landon
Sent:Tuesday, November 27, 2018 2:12 PM
To:Price, Bev
Subject:FW: Permit No. WQ0031396 - Santeetlah Lakeside WWTP
Attachments:NDSR 06-16.docx; NDPONC 06-16.docx; WQ0031396p070515.pdf
Importance:High
Follow Up Flag:Follow up
Flag Status:Flagged
G. Landon Davidson, P.G.
Regional Supervisor – Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ – Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon.Davidson@ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Thornburg, Nathaniel
Sent: Tuesday, November 27, 2018 1:17 PM
To: jfrosado@aol.com
Cc: info@IBEXAdvisors.com; mack@tallantlawnc.com; jeff@sylvalawyers.com; Davidson, Landon
<landon.davidson@ncdenr.gov>
Subject: RE: Permit No. WQ0031396 - Santeetlah Lakeside WWTP
Importance: High
Dear Permittee,
What is the status of the renewal package for the subject permit? The permit expired April 30, 2016.
I wanted to notify you once more that the renewal application is due prior to proceeding to a Notice of Violation with
Intent to Enforce.
Sincerely,
Nathaniel D. Thornburg
Branch Chief
Non-Discharge Branch
Department of Environmental Quality
919 707 3653 office (NEW)
2
nathaniel.thornburg@ncdenr.gov
512 N. Salisbury St.
1617 Mail Service Center
Raleigh, North Carolina 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 .
From: Thornburg, Nathaniel
Sent: Wednesday, September 20, 2017 10:18 AM
To: 'jfrosado@aol.com' <jfrosado@aol.com>
Cc: 'info@IBEXAdvisors.com' <info@IBEXAdvisors.com>; 'mack@tallantlawnc.com' <mack@tallantlawnc.com>;
'jeff@sylvalawyers.com' <jeff@sylvalawyers.com>
Subject: Permit No. WQ0031396 - Santeetlah Lakeside WWTP
Importance: High
Dear Permittee,
Division of Water Resources records indicate that your permit, which was issued May 15, 2007, expired April 30, 2016. To
date, the Division has not received a renewal application. It is a condition of your permit and required by administrative
code 15A NCAC 02T .0109 to request renewal of your permit at least 180 days prior to its expiration.
As the Permittee, you are responsible for renewing and maintaining this permit. Failure to do so may result in assessment
of civil penalties in accordance with North Carolina General Statute §143-215.6A. Therefore, it is important that you
respond as soon as possible by selecting one of the following options:
1. APPLY FOR PERMIT RENEWAL – When you apply for and receive a renewal, operation of your non-discharge system
will be permitted to continue. As such, the payment of annual fees, and any operation and maintenance procedures
specified in your permit will be required. You may renew your permit by completing and submitting the attached
permit renewal application.
2. APPLY FOR PERMIT RESCISSION – If the non-discharge system has not been constructed, or if it is no longer active, you
may request to rescind your permit. By rescinding your permit, all overdue annual fees will be waived; however, if in
the future you wish again to operate the subject non-discharge system, you must first apply for and receive a new
reclaimed water permit.
3. CHANGE OF OWNERSHIP – If you no longer own the property containing the subject facilities, please complete and
submit the attached Change of Ownership application.
Please submit the completed forms to the following address:
Division of Water Resources
Non-Discharge Permitting Unit
ATTN: Nathaniel Thornburg
1617 Mail Service Center
Raleigh, NC 27699-1617
Thank you in advance for your cooperation and timely response. If you need additional information regarding this e-mail,
please contact me at your convenience.
Sincerely,
3
Nathaniel D. Thornburg
Environmental Program Supervisor III
Non-Discharge Permitting Unit
Department of Environmental Quality
919 807 6453 office
nathaniel.thornburg@ncdenr.gov
512 N. Salisbury St.
1617 Mail Service Center
Raleigh, North Carolina 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 .
1
Willmer, Mikal
From:Price, Bev
Sent:Tuesday, April 2, 2019 8:31 AM
To:'Roger Carlton'
Cc:'Alli Hooper'
Subject:RE: [External] Your request for the McGill 2006 Report on Santeetlah Lakeside Sanitary Solutions
Attachments:WQ0031396p190328.pdf
Roger,
The Reclaimed permit WQ0031396 was reissued effective March 28, 2019. I did forward your information to the
reviewer in our central office and it was discussed with the non‐discharge supervisor. Unfortunately, this is not an issue
we would be involved in. I have attached a copy of the permit.
Please feel free to contact me if you have any questions.
Regards,
Bev Price
Bev Price
Environmental Senior Specialist – Asheville Regional Office
Water Quality Regional Operations Section
NC DEQ – Division of Water Resources
828 296‐4500 office
bev.price@ncdenr.gov
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Roger Carlton <rcarlton57@hotmail.com>
Sent: Thursday, March 28, 2019 10:46 AM
To: Price, Bev <bev.price@ncdenr.gov>
Subject: [External] Your request for the McGill 2006 Report on Santeetlah Lakeside Sanitary Solutions
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
report.spam@nc.gov
2
Please find attached the referenced report. By way of interpretation, the report provides suggested solutions
for 30 lots. There are two additional lots which have been approved by the County Sanitarian and are not
germane to this analysis.
The report creates three categories of potential solutions. The first includes Lots 1, 6, 9 and 21‐30 for a total of
thirteen single family lots that would be served by the Re‐Use plant for which a construction permit
No.WQ0031396 was issued on May 15, 2007. This ties to the 13 two bedroom single family homes
referenced in the permit.
The second category includes Lots 2‐4, 5, 7, 8,,10, 12 and 14 for a total of nine lots that were believed at the
time to be able to pass percolation tests and thereby not create any demand outside their platted limits. The
only test of this 12 year old theory has been for Lot 12 which failed its recent percolation test.
The third category includes Lots 11, 13, 15‐20 for a total of eight lots that would be served temporarily until
the Re‐Use plant was certified for operation by utilizing the Old Lodge two septic tanks. Some of those lots
have been developed and the temporary solution is still in place.
There are three key items that you might wish to consider as your review of the application to change the
ownership of the Re‐Use Plant from IBEX to Lake Pointe Properties proceeds. The first can be found in the
undated McGill Description in Paragraph 3 that states that no repair areas are necessary because the lots were
platted before 1983 and there are no proposed changes to the plat. In fact the lots have been replatted which
legal advice should demonstrate that changing the plat after 1983 eliminates the exception to the required
repair areas. The second key point is in the second paragraph of the McGill October 20, 2006 letter to former
County Sanitarian Alicia Parham that clearly states that " Due to the phased nature of construction within the
development and complexity of permitting the re‐use system, the developer desires to be allowed to use an
interim scheme to allow certain home sites to be constructed prior to the permanent wastewater re‐use
system and temporarily placed onto the existing hotel system before being connected to the permanent re‐
use system." Per the McGill chart attached these sites are the 8 homes in Category 3 above and potentially
more from Category 2 if the sites won't percolate. The third item relates to numerous concerns regarding the
Construction Permit itself, however, it might be best to discuss those issues in a subsequent conversation as
those issues can be worked out with the new owner should you approve the transfer.
Please feel free to contact me at 305 903‐3002. Thank you for your willingness to consider the issues
presented in this e‐mail.
2
Thank you for your phone call this morning. As discussed in our conversation, I am sending you a renewal application
form (attached). Once completed, please send to my attention at nathaniel.thornburg@ncdenr.gov or 1617 MSC,
Raleigh, NC 27699‐1617.
If you have any questions, or need assistance, please contact me and I will happy to help.
Sincerely,
Nathaniel D. Thornburg
Branch Chief
Non‐Discharge Branch
Department of Environmental Quality
919 707 3653 office (NEW)
nathaniel.thornburg@ncdenr.gov
512 N. Salisbury St.
1617 Mail Service Center
Raleigh, North Carolina 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.
‐‐
3
Jose F. Rosado
1
Willmer, Mikal
From:Jack Minski <jack.minski@gmail.com>
Sent:Wednesday, December 19, 2018 1:37 PM
To:Jose Rosado
Cc:Thornburg, Nathaniel; Price, Bev; Davidson, Landon
Subject:[External] Re: WQ0031396 - Santeetlah Lakeside - Phase II
Attachments:Scan 2018-12-19 13.36.03.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Report Spam.
Please see attached.
Thanks,
Jack Minski
Sent with Shift
On Tue, Dec 18, 2018 at 2:24 PM Jose Rosado <rosado.jf@gmail.com> wrote:
Nathaniel
In reference to the above system, I had requested a change of ownership
form and a renewal form for the permit. My quesiton is whether the
renewal form should be filled in by the old owner or the new owner?
I have finished filling out the change of ownership form but still would
need to know:
1. the most recent issue date of the permit, and
2. the exisiting permit type
Our permit number is WQ0031396
I would appreciate your help on this matter. Once I have the
information, we will submit the applications right away.
Thank you very much.
2
Regards
Jose F Rosado
On Thu, Nov 29, 2018 at 9:27 AM Thornburg, Nathaniel <nathaniel.thornburg@ncdenr.gov> wrote:
Mr. Rosado,
Thank you for your phone call this morning. As discussed in our conversation, I am sending you a renewal application
form (attached). Once completed, please send to my attention at nathaniel.thornburg@ncdenr.gov or 1617 MSC,
Raleigh, NC 27699‐1617.
If you have any questions, or need assistance, please contact me and I will happy to help.
Sincerely,
Nathaniel D. Thornburg
Branch Chief
Non‐Discharge Branch
Department of Environmental Quality
919 707 3653 office (NEW)
nathaniel.thornburg@ncdenr.gov
512 N. Salisbury St.
1617 Mail Service Center
Raleigh, North Carolina 27699‐1617
Email correspondence to and from this address is subject to the
3
North Carolina Public Records Law and may be disclosed to third parties.
‐‐
Jose F. Rosado
1
Willmer, Mikal
From:Thornburg, Nathaniel
Sent:Thursday, November 29, 2018 9:27 AM
To:rosado.jf@gmail.com
Cc:Price, Bev; Davidson, Landon
Subject:WQ0031396 - Santeetlah Lakeside - Phase II
Attachments:NDSR 09-18.docx
Mr. Rosado,
Thank you for your phone call this morning. As discussed in our conversation, I am sending you a renewal application
form (attached). Once completed, please send to my attention at nathaniel.thornburg@ncdenr.gov or 1617 MSC,
Raleigh, NC 27699‐1617.
If you have any questions, or need assistance, please contact me and I will happy to help.
Sincerely,
Nathaniel D. Thornburg
Branch Chief
Non‐Discharge Branch
Department of Environmental Quality
919 707 3653 office (NEW)
nathaniel.thornburg@ncdenr.gov
512 N. Salisbury St.
1617 Mail Service Center
Raleigh, North Carolina 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.
1
Willmer, Mikal
From:Thornburg, Nathaniel
Sent:Wednesday, September 20, 2017 10:49 AM
To:Price, Bev
Subject:FW: Permit No. WQ0031396 - Santeetlah Lakeside WWTP
Attachments:NDSR 06-16.docx; NDPONC 06-16.docx
Importance:High
Follow Up Flag:Follow up
Flag Status:Flagged
FYI…
Nathaniel D. Thornburg
Environmental Program Supervisor III
Non‐Discharge Permitting Unit
Department of Environmental Quality
919 807 6453 office
nathaniel.thornburg@ncdenr.gov
512 N. Salisbury St.
1617 Mail Service Center
Raleigh, North Carolina 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.
From: Thornburg, Nathaniel
Sent: Wednesday, September 20, 2017 10:18 AM
To: 'jfrosado@aol.com' <jfrosado@aol.com>
Cc: 'info@IBEXAdvisors.com' <info@IBEXAdvisors.com>; 'mack@tallantlawnc.com' <mack@tallantlawnc.com>;
'jeff@sylvalawyers.com' <jeff@sylvalawyers.com>
Subject: Permit No. WQ0031396 ‐ Santeetlah Lakeside WWTP
Importance: High
Dear Permittee,
Division of Water Resources records indicate that your permit, which was issued May 15, 2007, expired April 30, 2016. To
date, the Division has not received a renewal application. It is a condition of your permit and required by administrative
code 15A NCAC 02T .0109 to request renewal of your permit at least 180 days prior to its expiration.
As the Permittee, you are responsible for renewing and maintaining this permit. Failure to do so may result in assessment
of civil penalties in accordance with North Carolina General Statute §143‐215.6A. Therefore, it is important that you
respond as soon as possible by selecting one of the following options:
1. APPLY FOR PERMIT RENEWAL – When you apply for and receive a renewal, operation of your non‐discharge system
will be permitted to continue. As such, the payment of annual fees, and any operation and maintenance procedures
2
specified in your permit will be required. You may renew your permit by completing and submitting the attached
permit renewal application.
2. APPLY FOR PERMIT RESCISSION – If the non‐discharge system has not been constructed, or if it is no longer active, you
may request to rescind your permit. By rescinding your permit, all overdue annual fees will be waived; however, if in
the future you wish again to operate the subject non‐discharge system, you must first apply for and receive a new
reclaimed water permit.
3. CHANGE OF OWNERSHIP – If you no longer own the property containing the subject facilities, please complete and
submit the attached Change of Ownership application.
Please submit the completed forms to the following address:
Division of Water Resources
Non‐Discharge Permitting Unit
ATTN: Nathaniel Thornburg
1617 Mail Service Center
Raleigh, NC 27699‐1617
Thank you in advance for your cooperation and timely response. If you need additional information regarding this e‐mail,
please contact me at your convenience.
Sincerely,
Nathaniel D. Thornburg
Environmental Program Supervisor III
Non‐Discharge Permitting Unit
Department of Environmental Quality
919 807 6453 office
nathaniel.thornburg@ncdenr.gov
512 N. Salisbury St.
1617 Mail Service Center
Raleigh, North Carolina 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.
1
Willmer, Mikal
From:Jose Rosado <rosado.jf@gmail.com>
Sent:Tuesday, December 18, 2018 2:24 PM
To:Thornburg, Nathaniel
Cc:Price, Bev; Davidson, Landon; Jack Minski
Subject:[External] Re: WQ0031396 - Santeetlah Lakeside - Phase II
Follow Up Flag:Follow up
Flag Status:Flagged
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Report Spam.
Nathaniel
In reference to the above system, I had requested a change of ownership
form and a renewal form for the permit. My quesiton is whether the
renewal form should be filled in by the old owner or the new owner?
I have finished filling out the change of ownership form but still would
need to know:
1. the most recent issue date of the permit, and
2. the exisiting permit type
Our permit number is WQ0031396
I would appreciate your help on this matter. Once I have the
information, we will submit the applications right away.
Thank you very much.
Regards
Jose F Rosado
On Thu, Nov 29, 2018 at 9:27 AM Thornburg, Nathaniel <nathaniel.thornburg@ncdenr.gov> wrote:
Mr. Rosado,
1
Willmer, Mikal
From:Craig Zachrich <craig_zachrich@msn.com>
Sent:Wednesday, April 3, 2019 9:32 PM
To:jimhager@gmail.com; Price, Bev; Wallace, D, Karen; dmcdaniels@maconnc.org;
alli.hooper@grahamcounty.org; Nelms, Jacob
Cc:Craig Zachrich
Subject:[External] FW: Lake Santeetlah Lakeside - Zachrich Lot 15 Sewer Guarantee
Attachments:Lot 15 - J Rosado Answers to 08.18.2015 MEMO.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
report.spam@nc.gov
Dear ALL,
I feel compelled to inform the Town of Lake Santeetlah, Graham County and the North Carolina DENR that our Lot 15 in
Santeetlah Lakeside is guaranteed Sanitary Sewer transmission and treatment in the existing “Old Lodge” system
(common system) and in the New Package Plant System installed by Jose Rosado and Santeeltah Lakeside when the Old
Lodge temporary septic system is required to be shut down and all inflow is redirected to the new drip irrigation system
as stated in the 2006 McGill Report. Please add our 2 Bedroom Reserve and Capacity to your calculations when you are
analyzing the capacity of the New Treatment Package Plant for any future development.
I have attached a MEMO that addresses our guaranteed treatment of our Sanitary Sewer needs and existing reserve
capacity in the existing “Old Lodge” treatment facility and New Package Plant System. It is as follows:
1. MEMO, dated August 18, 2005 from Craig Zachrich to Mr. Jose F Rosado, Santeetlah Lakeside, and Mr. Rosado’s
responses in BLUE:
a. ITEM 3 ‐‐ The sentences toward the end of Item 3 read as follows, “The common field is in place and
functioning and Lot 15 is stubbed out for the connection. The force main will be used to collect sewer
from lot 15 and take it to the common system.
b. ITEM 4 ‐‐ The last sentence states, “No perk tests are necessary since the reason that lot 15 is dedicated
to the common system is that it is not expected to perk for a private system.”
It is of the utmost importance that our Lot 15 is serviced with Sanitary Sewer as stated above. Without the Sanitary
Sewer Service our lot becomes worthless.
Please confirm that our Lot 15 will be included in any future Sanitary Sewer system that replaces the “Old Lodge”
(common system) when any and all analyses are made and capacity assigned.
Thank you in advance for your assistance in this request.
Regards,
Craig Zachrich
Lot 15 Owner
847‐334‐2547
1
Willmer, Mikal
From:Craig Zachrich <craig_zachrich@msn.com>
Sent:Wednesday, April 3, 2019 9:16 PM
To:jimhager@gmail.com; Price, Bev; Wallace, D, Karen; dmcdaniels@maconnc.org;
alli.hooper@grahamcounty.org; Nelms, Jacob
Cc:Craig Zachrich
Subject:[External] FW: (DFART-- DRAFT--DARFT )Lake Santeetlah Lakeside - Zachrich Lot 15 Sewer Guarantee
Attachments:Lot 15 - J Rosado Answers to 08.18.2015 MEMO.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
report.spam@nc.gov
From: Craig Zachrich <craig_zachrich@msn.com>
Sent: Monday, April 1, 2019 6:36 PM
To: Roger and Beth Carlton <rcarlton57@hotmail.com>
Subject: (DFART‐‐ DRAFT‐‐DARFT )Lake Santeetlah Lakeside ‐ Zachrich Lot 15 Sewer Guarantee
Roger,
This is what I am planning to send to Bev Price, Karen Wallace, Derryl McDaniels, Alli Hooper, Jacob Nells ‐‐‐‐‐ The Mayor
if you send me his email ‐‐‐ and anyone else, ie, Jose, Minski, etc. Just let me know who else should be on the list.
Thanks,
Craig
Dear ALL,
I feel compelled to inform the Town of Lake Santeetlah, Graham County and the North Carolina DENR that our Lot 15 in
Santeetlah Lakeside is guaranteed Sanitary Sewer transmission and treatment in the existing “Old Lodge” system
(common system) and in the New Package Plant System installed by Jose Rosado and Santeeltah Lakeside when the Old
Lodge temporary septic system is required to be shut down and all inflow is redirected to the new drip irrigation system
as stated in the 2006 McGill Report. Please add our 2 Bedroom Reserve and Capacity to your calculations when you are
analyzing the capacity of the New Treatment Package Plant for any future development.
I have attached a MEMO that addresses our guaranteed treatment of our Sanitary Sewer needs and existing reserve
capacity in the existing “Old Lodge” treatment facility and New Package Plant System. It is as follows:
1. MEMO, dated August 18, 2005 from Craig Zachrich to Mr. Jose F Rosado, Santeetlah Lakeside, and Mr. Rosado’s
responses in BLUE:
a. ITEM 3 ‐‐ The sentences toward the end of Item 3 read as follows, “The common field is in place and
functioning and Lot 15 is stubbed out for the connection. The force main will be used to collect sewer
from lot 15 and take it to the common system.
b. ITEM 4 ‐‐ The last sentence states, “No perk tests are necessary since the reason that lot 15 is dedicated
to the common system is that it is not expected to perk for a private system.”
It is of the utmost importance that our Lot 15 is serviced with Sanitary Sewer as stated above. Without the Sanitary
Sewer Service our lot becomes worthless.
Please confirm that our Lot 15 will be included in any future Sanitary Sewer system that replaces the “Old Lodge”
(common system) when any and all analyses are made and capacity assigned.
Thank you in advance for your assistance in this request.
Regards,
Craig Zachrich
2
Lot 15 Owner
847‐334‐2547