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HomeMy WebLinkAboutNC0086053_Owner (Name Change)_20210422 h ��;, Junaluska Sanitary District � Sr P.O. Box 35 (-- = o P.O. Lake Junaluska, NC 28745 see4 828-452-1178 , ,,r www.jsdwater.org April 12, 2021 Julie Grzyb, Deputy Director Jeffery Poupart, WQ Permitting Section NCDEQ/DWR/NPDES 217 West Jones Street Raleigh, NC 27603 RE: Permit Name/Ownership Change Form Request: NPDES NC0086053 • I am writing on the behalf of Junaluska Sanitary District (JSD), a body of politic and a corporate unit of local state government established pursuant to North Carolina General Statute section 130A-47 et seq. JSD is requesting a meeting with Julie Grzyb and Jeffery Poupart to discuss our Permit Name/Ownership change application. We will gladly travel to Raleigh to meet, or if preferable, coordinate an online meeting. Our application request was submitted in October 2020 and we have followed up numerous times since then with no clear response. We did receive a phone call from Mr. John Hennessey about this subject matter and was told that DEQ was in discussion with the Pilot Travel Center about their sewer facility and there was nothing to report to the District. In addition, he stated the Pilot's sewer plant had been removed so there is no permit to evaluate the name change. It is our opinion that Mr. Hennessey's information is inaccurate and the manner in which this has been handled with another local state government agency is inappropriate. In summary, we would like to meet and discuss the following: • JSD has a signed contract/agreement with the Pilot Travel Center, whereas Pilot has transferred the ownership of the NPDES permit # NC0086053 from Pilot to JSD (see attached). • Through the agreement and as part of JSD's 209 Sewer CIP (CS370920-01), Brown . Consultants was hired by Pilot to de-commission their existing sewer plant once they were hooked up to the new public sewer system. In addition, Pilot engaged Brown Consultants to represent Pilot's discharge permit as it was transferred to JSD. > Pilot's sewer plant operation and the Discharge permit are two separate matters that Brown Consultants are handling for Pilot and the Sanitary District. • In discussions with the Pilot Travel Center, no one from DEQ has discussed this matter or been in contact with them about closing the permit out. • JSD has followed all DEQ requirements (as defined on NCDEQwebsite and 40 CFR 122.63, name/ownership change) https://deq.nc.gov/about/divisions/water-resources/water- quality-permitting/npdes-wastewater/permitting-process and has an agreement with Pilot to take over the discharge permit. Please advise a time when we can meet. Sincerely, Josh Nickol General Manager/ Finance Officer Junaluska Sanitary District CC: Jim Francis,JSD Board Chairman Fred Barbour,JSD Counsel Jeffery Brown, JSD Engineer Enclosures:JSD and Pilot Transfer of Ownership Agreement Brown Consultants and Pilot Agreement IN WITNESS WHEREOF on the day and year indicated in the respective notarization, Grantor has caused this instrument to be duly executed in its name for the purposes herein stated by its duly authorized representatives as Grantor's official act. Pilot Travel Center, LLC 70; 1:1):(ecr-4/ ,44/ Name and Offi6( [COMPANY SEAL] State of -re_..rnnc- sr,:'e_ County of kAtt;''r I, ��1 C'_t Y' L• [Type or Print Name], a Notary Public for the County of , State of 1 t' e. . , hereby certify that on this day; • The foregoing instrument was produced to me in l<r)Q7,. County,jj 1r Case e, • Before me, i'O �,, (� D\rec_koy- FIDP, of Pilot Travel Center personally appeared 1efore m. and acknowledged the execution of the foregoing instrument by authority duly Diven and as the act of the corporation, the foregoing instrument was signed in its name by him/her its irc�4-it 'j PA. and sealed with its corporate seal. • l0 is known to me and known to me to be the person described in the foregoing instrument. This the 14 day of( ane ti 2020. gg i F 1116__1(t7 My Commission Expires- i6-10"a--0 [Affi 1ptakye',,3 /', Signature ulotary '•.,° <\'‘% Typed or Printed Name of Notary N NP�RC+' .; IN WITNESS WHEREOF on the day and year indicated in the respective notarizations,the parties have caused this instrument to be duly executed in their respective names for the purposes herein stated or by their duly authorized representatives as their individual official act. JUNALUSKA SANITARY DISTRICT By: /"`' NJni� ` [Official Seal] JoshNNicko , General Manager North Carolina-Haywood County (warn act I, LRRO ire/4,6E/2 G- , a Notary Public for-++ayweod County, North Carolina, certify that Josh Nickol, General Manager of JUNALUSKA SANITARY DISTRICT, a body politic established pursuant to N.C.G.S. Section 130A-47 et seq., personally appeared before me this day and acknowledged the execution of the foregoing instrument by the authority given him as the General Manager on behalf of JUNALUSKA SANITARY DISTRICT. WITNESS my hand and official stamp or seal,this the /9'r� day of (UCYD 86 re 2020. Cl+.oe_ My Commission Expires— ®3// [Affix Notary Seal] Lar Feinberg- Nott)Publi `a ..................• s NOTARY ••� PUBLIC oee My Comm. =c= s;i Expires S 0'•e 3/18/2025 .�`�t4 'r PAT MCCRORY 4y j' DONALD R. VAN DER VAART I-� ti _ r° _ S. JAY ZIMMERMAN Water Resources ENOIRONNENTAL DUAL ITT PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NCOO 8 /6,/O /S/ 3 or NCGS / / / / 1. Facility Name:-.1' iktri C FATE II. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: Xa. Change in ownership of property/company b. Name change only c_ Other(please explain): 2. New owner's name(name to be put on permit): i . f w?= 3. New owner's or signing official's name and title:_ { 14 I4- .YD j (Person legally responsible for permit) *A4EtZtke., A At,zt7 . g4A#.1L O14-14Eft. 2 (Title) 4. Mailing address: •Q Sad :7&} City: 11:j s State: 14 C Zip Code: 2 ?2. Phone:(9/Qj) S,.� �11 E-mail address: f r�: CG►K-+ 1 Li� 'C�C` .,. '��`� THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] State of Norlh Carolina I Environmental Quality I Water Resources 1617 Mail Service Center i Raleigh,NC 27699-1617 919 807 6300 919-807-6389VAXC laps://dcq.ne.gov/aboutldivisionsAvater-resources/water-resources-permits/wastewater-bl gulch/npdes-wastewater-permits NPDES Name&Ownership Change Page 2 of 2 Applicant's Certification: Joe , attest that this application for a name/ownership Ehange has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. rJ. r / Signature: ,% V ' i g ,�— /,�� is ! � Date: lD/ Zv / THE COMPL TEffAPPLICATION ACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ/DWR/NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 7/2016 BROWN(UMW,"AWN • • • Mr.key Cupp Director,Rtivironmental Pilot Company Re: WWT.F.and Discharge Pettr. it :Engineering-Consulting SerVices Deaf-Mt. Ciipp, • Thank you for kcall last week,please find this engagement letter for Elpineering assistance in the',closure of tif.6'.AVIVTF and the Transfer of Discharge Permit to the S.1.41uska Sanitary ' District. !• - pti big oororsougt„I Will contact and woiic withNCDEQasnecessthy on behalf of Pilot in the WWTF closure,additionallywill contact and work with NCDEQ as necessary in the transfer of the discharge permit to:JSD. • Thanklion,and if you have any questions,please di)not hesitate td:contact Me. • 1' I Signed 4/ '2J •4413: P e ey- „ • •_ • • • ; /1- • I I 30 Bdn LipOOK;Schotil Ro0„Suitg?02,,A,00111e,,NC 28806 8Z8.35A76q3,[0yrice] NC License No.:,C43i14>www.l?rovonpa,net I. This instrument prepared by Sales Agreement THIS SALES AGREEMENT made and entered into by JUNALUSKA SANITARY DISTRICT, a body politic and corporate, [herein "the District"] and Pilot Travel Centers , LLC ,5508 Lonas Dr, Knoxville, TN 37909 [herein "Grantor"]. [The District and Grantor may also variously be collectively referred to herein as "the Parties".] The Sole purpose of this Sales Agreement is to provide an agreement of the Transfer of Ownership of the NPDES Permit No NC0086053. WHEREAS, the District is a sanitary district established pursuant to N.C.G.S. Section 130A-47 et seg.,which desires to take over Ownership of the NPDES Permit No 0086053. WHEREAS, Grantor is the owner of the NPDES Permit No. NC0086053. WHEREAS,the Parties desire to define the relative rights of the Parties in respect to the matters addressed herein. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises herein contained, and other good and valuable consideration,the receipt of which is hereby acknowledged, IT IS HEREBY AGREED as follows: 1) GRANTOR CONVEYANCES.Grantor hereby grants and conveys to the District the following: The transfer of Ownership of the NPDES Permit No, NC0086053, not to include any physical assets, such as piping, buildings, tanks, pumps,wwwtp appurtnaces. 2) THE DISTRICT. The District hereby in exchange for the NCPDES Permit No NC 0086053, conveys to the Grantor a commercial pump station, backup generator, and connection the District Sewage System. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK