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HomeMy WebLinkAboutWQ0033804_Application_20210412State of North Carolina DWR Department of Environmental Quality Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources 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 "Permitiee" references the existing permit holder, and that "Applicant" references the entity applying for the ownership/name change. For more information, visit the Water Quality Permitting Section's Non -Discharge Permitting Unit website A. No Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) Application (All Applications): Submit an original completed and appropriately executed Non -Discharge Permit OwnershiplName Change (FORM: NDPONC 06-16) application. ❑ The Existing Permittee'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 02T .0106(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 02T .0106(h). B. Existing Permit (All Applications): ❑ Submit a copy of the most recently issued permit. C. Property Ownership Documentation (AIl Applications): ➢ Per 15A NCAC 02T .0504 15A NCAC 02T .0604(e), 15A NCAC 02T ,0704(f), 15A NCAC 02T .0804. 15A NCAC 02T .1004(d), 15A NCAC 02T .I 104(d)(7), 15A NCAC 02T .I 104(e)(5), .15A NCAC 02U .0201(e) or 15A NCAC 02U .0202 the Applicant shall demonstrate they are the owner of all property containing the non -discharge system facilities: Legal documentation of ownership (i.e., GIS, deed or article of incorporation), or ❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or ❑ Written notarized Iease 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 15A NCAC 02L .0107. D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public UtiIity): ❑ 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/Pro a Owners' Associations ❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement (FORM: HOA). ❑ Per I5A NCAC 02T .0115 c , submit an original proposed or approved Articles of Incorporation, Declarations and By- laws. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T .O 115(b), submit an original of the properly executed Operational Agreement FORM: DEV . F. Operation and Maintenance Agreement (All Applications for Single -Family Wastewater Irrigation Systems): ❑ Per I5A NCAC 02T .0604(h), submit an original of a notarized Operation and Maintenance Agreement (FORM: SFRWWIS O&M) that has been signed and dated by all deeded property owners. THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: By Courier/Special Delivery: Non -Discharge Branch Non -Discharge Branch — Archdale 942W By Email: 1617 Mail Service Center 512 N_ Salisbury St. Non-Dischar e.Re orts cdenr, ov Raleigh, NC 27699-1617 Raleigh, NC 27604 Telephone Number: (919) 707-3654 INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION Page 1 of 1 State of North Carolina DWR Department of Environmental Quality Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources FORM: NDPONC 06-16 1. Permittee's name: 2. Signature authority's name: per 15A NCAC 02T .0106(b) Title: 3. Permittee's mailing address: n 5 City: State: Zip: - Permittee's contact information: Phone number: { ) - Email Address: Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Permittee 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? ❑ Yes or ❑ No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ❑ No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ❑ No d. is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ❑ No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ❑ No II. FACILITY INFORMATION: I. Facility name: Laurel Mountain etre 2. Facility's physical address: City: Weavermille State: NC Zip: 28787 - County: Buncombe III. PERMIT INFORMATION: I . Existing permit number: WQ00 33804 and most recent issuance date: 2/21 /2017 2. Existing permit type: Wastewater Irrigation 3. Reason for the permit application: Change of Ownership 4. Has the facility been constructed? OYes or ❑ No IV. APPLICANT INFORMATION: I. Applicant's name: Mountain and Sea Getamys Inc. 2. Signature authority's name: _B_Q.jamin L. and Lisa M. Sprouse per 15A NCAC 02T .0106(b} Title: jDwners _ 3. Applicant's mailing address: City: Asheville State: NC Zip: 2 803- 4. Applicant's contact information: Phone number: Email Address: 'i(1ouY n IS o� �� 5. Demonstration of historical consideration for permit approval —15A NCAC 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. 143-215.6B? ❑ Yes o0No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or.0 No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes OrM No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or�o No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105 e 2 ? ❑Yes or No FORM: NDPONC 06-16 Paae 1 of 2 1, attest that this application for (Signature Authority's name & title from Application Item I.2.) (Facility name from Application Item II.I .) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior 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 that if 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 .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a CIass 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Applicant's Certification per 15A NCAC 02T .0106(b): I, that this application for (Signature Althority s name & title from Application Item IV.2.) (Facility name from Application Item II.1.) 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 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 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. I 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 15A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, 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 $10,000 as well as civil penalties up to $25,000 per violation. Signature: i Date: FORM: NDPONC 06-16 Paae 2 of 2 State of North Carolina Department of the Secretary of State ARTICLES OF INCORPORATION SOSID: 2086687 Date Filed: 11/23/2020 11:04.00 AM Elaine F. Marshall North Carolina Secretary of State C2020 325 00683 Pursuant to §55-2-02 of the General Statutes. of North Carolina, the undersigned does hereny suDMItTrieseArtic es Or Incorporation for the purpose of forming a business corporation. 1. The name of the corporation is: Mountain and Sea Getaways Inc. 2. The number of shares the corporation is authorized to issue is: 1,000,000 3. These shares shall be: (check either a or b) a. F All of one class, designated as common stock; or b. ❑ Divided into classes or series within a class as provided in the attached schedule, with the information required by N.C.G.S. Section 55-6-01. 4. The name of the initial registered agent is: Benjamin L Sprouse 5. The North Carolina street address and county of the initial registered office of the corporation is: Number and Street 56 Mills Gap Rd #331 City Asheville State NC Zip Code 28803 County Buncombe 6. The mailing address, if different from the street address, of the initial registered office is: Number and Street City State NC Zip Code County 7. Principal office information: (must select either a or b.) a.F The corporation has a principal office. The principal office telephone number: The street address and county of the principal office of the corporation is: Number and Street 56 Mills Gan Rd Apt 331 City Asheville State NC ZipCode 28803 County Buncombe The mailing address, ifdifferent from the street address, of the principal office of the corporation is: Number and Street City State Zip Code b. The corporation does not have a principal office. County BUSINESS REGISTRATION DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 (Revised July 2017) (Form B-01) S. Any other provisions, which the corporation elects to include, i.e., the purpose of the corporation, are attached. 4. The name and address of each incorporator is as follows: Nance Address Benjamin L Sprouse 56 Mills Gap Rd #331, Asheville, NC 20803 10. (Optional): Listing of Company Officers (See instructions on why this is important) Name Address Title Benjamin L Sprouse 56 Mills Gap Rd #331 Asheville, NC 28803 President Lisa M Sprouse 56 Mills Gap Rd #331 Asheville, NC 28803 Secretary, Treasurer 11. (Optional): Please provide a business e-mail address: The Secretary of State's Office will a-nmiI the business automatically at the address provided at no charge when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is being offered, please see the instructions for this document. 12. These articles will be effective upon ding, unless a future date is specified: This the 1 L) �h dayof MUVCK�t5o 10 SignaAi e Benjamin L Sprouse Incorporator Type or Ps-int Name and Title NOTES: 1- Filing fee is $125. This document must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 (Revised Jule- 2017) (For►;; R-01) Incorporator's Certificate of Mountain and Sea Getaways Inc. I, Benjamin L Sprouse, the sole Incorporator of Mountain and Sea Getaways Inc., a(n) NORTH CAROLINA corporation formed in accordance with the laws of that state, sign this statement to set forth action taken as follows: FIRST: I state that the Certificate of Incorporation of Mountain and Sea Getaways Inc., a true copy of which is annexed to this statement, was filed with the Department of State of NORTH CAROLINA on November 23, 2020. SECOND: The bylaws annexed to this statement have been adopted by me as the bylaws of Mountain and Sea Getaways Inc. THIRD: The following persons have been nominated and elected by me as directors of Mountain and Sea Getaways Inc. to hold office until the first annual meeting of shareholders and until their successors are elected and qualify: • Benjamin L Sprouse • Lisa M Sprouse FOURTH: I hereby assign all my rights, responsibilities, and duties as incorporator of Mountain and Sea Getaways Inc. to the above -named Directors. After execution of this Certificate, the Incorporator named herein shall have no rights, responsibilities, or duties in regards to this corporation. The foregoing is established by my signature on this instrument at 56 Mills Gap Rd #331 Asheville, NC 28803 on November 23, 2020. Benjamin L Sprouse, Incorporator