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NCG550141_owner name change_20180329
ROY COOPER Governor N MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Water Resources ENVIRONMENTAL QUALITY March 29, 2018 Mr. John Hetherington, Manager Ataraxia, LLC 404 Morgan Creek Road Chapel Hill, NC 27517 Subject: NPDES General Permit NCG550000 Transfer of NCG550141 404 Morgan Creek Road Orange County Dear Mr. Hetherington: The Division hereby transmits Certificate of Coverage (CoC) NCG550141, issued under NPDES General Permit NCG550000. 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 fmal 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 Emily Phillips at (919) 807-6479 or via e-mail [emily.phillips@ncdenr.gov]. erely, Linda Culpepper Interim Director cc: Raleigh Regional Office NPDES files State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES CERTIFICATE OF COVERAGE NCG550141 Under GENERAL PERMIT NCG550000 TO DISCHARGE 100%-DOMESTIC AND SIMILAR 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, Ataraxia LLC are hereby authorized to operate a wastewater treatment facility with a discharge of <1000 gallons per day); discharging from 404 Morgan Creek Road Chapel Hill Orange County to receiving waters designated as an unnamed tributary (UT) to Morgan Creek [stream segment 16-41-2-(5)], a waterbody currently classified WS-V; NSW located within sub -basin 03-06-06 of the Cape Fear River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III of General Permit NCG550000 as attached. This certificate of coverage shall become effective March 29, 2018. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day March 29, 2018. da Culpepper Interim Director, Division off arer Resources By Authority of the Environmental Management Commission 4. Mailing address: () (1 State: E-mail address: Zip Code: PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NC00 / / / / or NCG55-1�/0/ % tiU14 Waryun 1. Facility Name: I!. NEW OWNER/NAIVE INFORMATION: 1. This request for a name change is a result of: X. a. 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): RECEIVED/DENR/DWR MAR 222018 Water Resources Permitting Section 3. New owners or signing official's name and title: � a l,1A �2--i� .l2 j` t Vt -CO (Person legally responsible fo permit) lM (t, w a. 0- r L"4-- < 13 Phone: (5j6 ) 2(C/ 6 34 r r :frt-,100NACz9 BE ACCEPTED BY THE DIVISION UNLE� ALL (Tit! 6 "City: L C C THIS APPLICATION PACKAGE WILL NOTOF 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 North Carolina I Environmental Quality j Water Resources 1617 Mail Service Center I Raleigh. NC 27699-1617 919 807 6300 919-807-6389 FAX hops://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits t1E ES Name & Onnerstip Change Page 2of2 , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I u derstand that if all required parts of this application are not completed and that if all required s •porting information and attachments are not included, this application package will b: returned as incomplete. THE COMPLE a ' APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION h MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: Signature: Applicant's Certification: I, �a 1.t.t .c t Date: 1 2U NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 7/2016 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $832.00 Parcel Identifier No. 9788-40-8171 Verified by County on the day of , 20_ This instrument was prepared by: BAGWELL HOLT SMITH P.A. Grantee's address (return to): 404 Morgan Creek Road, Chapel Hill, NC 27514 THIS DEED is made this 27th day of June, 2016, by and between GRANTOR SPENCE MACON FOSCUE and spouse, ELIZABETH SCOTT BRYAN GRANTEE ATARAXIA, LLC, a North Carolina Limited Liability Company The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged. has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Orange County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT A TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. {00054464.DOC}NC Bar Association Form No. 3 © 1976, Revised © 1977,2002 Printed by Agreement with the NC Bar Association - 1981 And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims, excepting ad valorem taxes for the current year, restrictive covenants of record affecting the property, utility easements and rights of way of record, of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. rvi SPENCE MACON FOSCUE (SEAL) Address: ?kart� �..� (SEAL Address: ELIZABESCOTT BRYAN ) (SEAL) Address: 2to rtrresf( .// sy• (ems - 2, lie..) Pursuant to N.C.G.S. §105-317.2, the Seller/Grantor states as follows: The property conveyed here4 Qncludes does not include (initial one) the primary residence of one or more of the Grantors. Each Grantor's address is provided above. ( rcltns. County, North Carolina I hereby certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: SPENCE MACON FOSCUE Date: C-09:1'-Q '=ER C. HARMS (O icial Seal) MY PUBLIC COUNTY, NC CQrtixvir County, North Carolina -a 41 h 1c C. 4--ko,,-itcuAl n1 Notary Public Printed Name of Notary Public My commission expires: 5(1 ojaclap I hereby certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ELIZABETH SCOTT BRYAN Date: HARMS IC ORANGE COUNTY, NC (Official Seal) Q6A0._.%_4„its yk yk. t1r u(.rYY , Notary Public Printed Name of Notary Public My commission expires: 5!101Q0.1D {00054464.DOC}NC Bar Association Form No. 3 C 1976, Revised 6 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 EXHIBIT A All of that certain lot or parcel of land situated, lying and being on the west side of Morgan Creek Road, a short distance South of the Town of Chapel Hill, North Carolina, and known and designated as Lot 10, Block A, MORGAN CREEK DEVELOPMENT, as surveyed and plotted by E.C. Leonard, Registered Surveyor, on July 7, 1952, and more particularly described as BEGINNING at a stake in the west property line of said road, the southeast corner of Lot 9; running thence with the line of said lot South 83° 56' West 204.60 feet to a stake; running thence South 3° 51' West 298.20 feet to a stake, the northwest corner of Lot 11; running thence with the line of said lot North 42° 23' East 132.00 feet to a stake; thence South 89° 03' East 122.30 feet to a stake in the west property line of said road; running thence along the west property line of said road in a northern direction and along the arc of a circle with a radius of 955.40 feet for a distance of 54.90 feet to a stake; running thence along the west property line of said road North 3° 39' East 169.10 feet to the BEGINNING. PIN: 9788-40-8171 NORTH CAROLINA Department of the Secretary of State To all whom these presents shall come, Greetings: I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF ORGANIZATION OF ATARAXIA, LLC the original of which was filed in this office on the 24th day of June, 2016. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 24th day of June, 2016. Scan to verify online. Certification* C201617505008-1 Reference* C201617505008-1 Page: 1 of 3 Verify this certificate online at http:ii ww.sosnc.got'iverilication 1,4 Tai a Secretary of State ARTICLES OF ORGANIZATION OF ATARAXIA, LLC SOS1D: 1526559 Date Filed: 6/24/2016 7:25:00 AM Elaine F. Marshall North Carolina Secretary of State C2016 175 05008 Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. l . The name of the limited Iiability company is: Ataraxia, LLC 2. The name and address of each person executing these articles of organization is as follows: Spruillco, LLC 301 Fayetteville St., Suite 1900 Raleigh, North Carolina 27601 3. The name of the initial registered agent is: Paracorp Incorporated 4. The street address and county of the initial registered agent office of the limited liability company is: Paracorp Incorporated 176 Mine Lake Ct. 4100 Raleigh, NC 27615 Wake County 5. The mailing address of the initial registered agent office is the same as the street address. 6. There is no principal office of the limited liability company at this time. 7. To the fullest extent permitted by the North Carolina Limited Liability Company Act as it exists or may hereafter be amended, no person who is serving or who has served as a manager of the limited liability company shall have personal liability arising out of an action, whether by or in the right of the limited liability company or any of its members or otherwise, for monetary damages for breach of any duty as a manager. Any repeal or modification of this article shall not adversely affect any right or protection of a manager of the limited liability company existing at the time of such repeal or modification. The provisions of this article shall not be deemed to limit or preclude indemnification of a manager by the limited liability company for any liability that has not been eliminated by the provisions of this article. 8. These articles will be effective upon filing. [Signature Page Follows] This is th J day of June, 2016. 2 SPRUILLCO, LLC, Organizer B Me _ an .ridemore Vice Preside DAVI OPERATING AGREEMENT OF ATARAXIA, LLC (A North Carolina Limited Liability Company) This Operating Agreement, dated the I+'aIGTON, as Mamba day of June, 2016 is entered in reinafter referred to as the "Member") • ' D HETHERINGTON as Mana ler (hereinafter referred to as the "Manager'). BACKGROUND STATEMENT It is the desire of the parties hereto to operate a limited liability company under the laws of North Carolina to acquire and own real estate, and to engage in any other lawful business. STATEMENT OF AGREEMENT Now, therefore. in consideration. of the premises. the parties hereto agree to operate a limited liability company under the laws of the State of North Carolina, pursuant to the tbllowing ternis and conditions: ARTICLE ONE FORMATION, NAME AND PRINCIPAL OFFICE Section 1.1. Formation. The Member hereby organizes a limited liability company (the "Company") in accordance with and pursuant to the Limited Liability Company Act of the State of North Carolina, which Act, as amended from time to time, shall govern the rights and liabilities of the Member except as otherwise expressly stated in this Agreement or in the articles of organization of the Company. Section 1.2. Name. The business of the Company shall be conducted under the name ATARAXIA LLC, or such other name as the Member may from time to time designate in