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HomeMy WebLinkAboutNC0060283_Follow-up Response to NOV-2022-TX-0001_20220216ePROPERTIES america s home' VIA OVERNIGHT DELIVERY Febuary 16, 2022 Ms. Cindy Moore Aquatic Toxicology Branch Supervisior Division of Water Resources North Carloina Departent of Environmental Quality 4401 Reedy Creek Road Raleigh, North Carolina 27699 Re: Ridgeview — Notice of Violation NC NOV-2022-TX0001 Dear Ms. Moore: This letter is a follow-up to phone conversation that I have had with your staff in reference to Ridgeview NC MHC. I have had recent telephone conversations with Ms. Linda Wiggs and Mr. Zachary Thomas of the department. During our telephone conversation it became apparent that the department has not received the required Permit Name/Ownership Change Form. I have attached the required documents for submittal. Ridgeview has retained Jones Environmental to be the Operator in Charge. I will provide the required Operator in Charge form under a separate cover. Ridgeview has been conducting all required sampling since our acquisition. We are aware of the toxicity issue with the sanitary discharge. Our operator has collected water quality samples in the upstream and downstream of the creek. Samples collected did not indicate the presents of contaminants. Based upon previous sampling conducted, we have reached out to our consultants in the attempt to better understand the results and how to approach additional testing. It is our intent to swab the exterior sanitary cleanouts to isolates the location of the contaminates. Our operator is consulting with the testing laboratory to determine the best practice and appropriate preservatives required for these samples. 31200 Northwestern Hwy., Farmington Hills, MI 48334 I Main (248) 626-0737 i Fax (248) 538-7746 j rhp properties.com We will keep your department updated with our findings as they occur. If you have any questions, please do not hesitate to call me at (248) 240-2322. Sincerely yours, Richard1. Mariengere Utilities Infrastructure Manager Cc: File Ms. Linda Wiggs, Environmental Senior Specialist. inda,wiggs@ncdenr.gov Mr. Zachary Thomas, Environmental Specialist 11. Acarytaylor@ncdenr.gov NORTH CAROLINA Environmental Quality NC DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NPDES PERMITTING PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION: Permit Number: NC00 �/0 / 2 /. 8 3 or NCG5 / / /. /— Ridgeview Acres Mobile Home Park 1. Facility Name: 11. NEW OWNER/NAME 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): Ridgeview NC MHC LLC 3. New owner's or signing official's name and title: Joel K. Brown (Person legally responsible for permit) Authorized Agent (Title) 4. Mailing address: 31200 Northwestern Hwy City: Farmington Hills State: MI Zip Code: 48334 mail address: ]brown@rhp.com Phone: (248 ) 626-0737 III. FACILITY AND DISCHARGE INFORMATION 1. Will the waste stream for the facility remain the same as under the previous owner? Yes rij No ❑ 2. Will the treatment system and discharge location remain the same? Yes IN No ❑ "No Responses" if either or both of these questions are answered "No" then more information will be needed to review the request. Please attach documentation to describe and explain the changes to the facility activities, waste stream, treatment process or outfall location. The Division may not be able to process the Permit Name/Ownership Change request and may require that the new owner file a new permit application. D_EQ) North Carolina Department of Environmental Quality i Division of Water Quality 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 NPDES Name and Ownership Change Page 2 of 2 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) 3. Information to document facility, waste stream, treatment system or outfall changes as noted in item III above (if appropriate) Applicant's Certification: Joel K. Brown, Authorized Agent , attest that this application for a name/ownership change 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. I understand that Permit Name/Ownership Change can only take place through action taken by the Division of Water Resources and that no actions on my part or the part of my company result in the automatic transfer of permit coverage. * Signature: Date: GR ALQ / 9oc . THE COMPLETED APPLICATION PACKAGE, 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 * Ridgeview NC MHC, LLC By: Newbury Management Company, its authorized agent By: Joel K. Brown, Authorized Agent Version 07/2021 Excise Tax: $7,212.00 Parcel Identifier No. 9 b 29'''1 q - 619 °I Type: CONSOLIDATED REAL PROPERTY Recorded: 12/30/2021 3:23:16 PM Fee Amt: $7,263.00 Page 1 of 4 Revenue Tax: $7,212.00 Buncombe County, NC Drew Reisinger Register of Deeds B K 6168 PG 479 - 482 Mail after recording to: Harbor City Title Insurance Agency of NC, Inc. 6201 Fairview Road, Suite 325 NORTH CAROLINA DEF arlotte, NC 28210 File # a ID°l/1 y3 Verified by County on the day of , 20 By: Mail/turn to: Katten Muchin Rosenman LLP, 550 S. Tryon Street, Suite 2900, Charlotte, North Carolina 28202 This instrument was prepared by: Daniel S. Huffenus, Esq.. a licensed NC attorney. Delinquent taxes, if any, to be paid by the closing attorney to the County Tax Collector upon disbursement of closing proceeds, Brief description for the Index: conveyance of real property THIS DEED made this c2Zul day of T%l'(z 1 b, 2041, by and between GRANTOR RIDGEVIEW COMMUNITY, LLC, a North Carolina limited liability company GRANTEE RIDGEVIEW NC MHC, LLC, a Delaware limited liability company Grantee's Address: 31200 Northwestern Highway Farmington Hills, MI 48334 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 Buncombe County, North Carolina and more particularly described as follows (the "Property"): See Exhibit "A" attached hereto and incorporated herein by reference for a description of the Property. All or a portion of the Property conveyed herein does not include the primary residence of a Grantor. 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. submitted electronically by "Harbor City Title Insurance Agency of NC, Inc." in compliance with North Carolina statutes governing recordable documents 151268235v3 and the terms of the submitter agreement with the Buncombe county Register of Deeds. Book: 6168 Page: 479 Page 1 of 4 And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: See Exhibit "B" attached hereto and incorporated herein by reference for a list of permitted exceptions. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. GRANTOR: RidgeView Community, LLC, a North Carolina limited liability company By: Name: Title: anager State of North Carolina County of Buncombe I 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:,llvlanager. G DT/ UP a rht" 1Y rh Witness my hand and Notarial stamp or seal this l 3 day of December, 2021. My Commission Expires: 1a 0310. CoNv '1CQ, tj9eA tsft VIKA Constance J Blankenship NOTARY PUBLIC Bi>kikt1ty, NC My Commission Expires December 03, 2024 The foregoing Certificates) of is/are certified to be correct, This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By• Deputy/Assistant - Register of Deeds 151268235v2 Book: 6168 Page: 479 Page 2 of 4 EXHIBIT A RIDGEVIEW Buncombe County, North Carolina BEGINNING at a stake at the intersection of the Northeastern edge of the right of way of Dryman Mountain Road and the Eastern boundary of Fleetwood Road, said point also being the Southwestern corner of Lot #9 as shown on that certain plat or map recorded in Plat Book 34 at Page 5, Buncombe County Registry and proceeding thence from said point and place of beginning with the Eastern margin of Fleetwood Road North 13 deg. 22' East 36.65 feet to a point; thence a curve to the left with a radius of 130 feet, an arc length of 38.52 feet to a point; thence with the Northern line of Lot #9, North 80 deg. 25' East 122.96 feet to a point; thence with the line of Lot #3 North 9 deg. 10' West 120.00 feet to a point; thence with the lines of Lot #4, 5 and lands now or formerly belonging to Louie Justus, North 2 deg. 20' West (passing through an old iron pipe at 179 feet) 208 feet to a point; thence with the old fence, North 1 deg. 28' West 256.33 feet to a stake at a fence post, thence North 36 deg. 23' West 232.07 feet to an iron stake; thence South 46 deg. 53' West 89.2 feet to a stake; thence North 50 deg. 04' West 550.24 feet to a stake at a fence post; thence South 35 deg. 19' West 377.7 feet to an old iron pipe in the center of the old abandoned road; thence with the center line of the old abandoned road, South 41 deg. 54' East 429.58 feet to an iron stake; thence South 43 deg. 24' West 118,12 feet to a stake in the Northeastern margin of the paving of Dryman Mountain Road; thence with the edge of said pavement South 51 deg. 51' East 336.82 feet to a point; thence leaving said road North 37 deg. 57' East 22.05 feet to a point; the Western corner of Lot #11 of the above - described plat or map; thence with the edge of the right of way of Dryman Mountain Road South 52 deg. 12' East 47.1 feet to a point; thence North 56 deg. 12' East 158.37 feet to a point in the Western margin of Fleetwood Road; thence with the margin of Fleetwood Road, South 16 deg. 32' East 31.3 feet to a point; thence a curve to the right with a radius of 840 feet, an arc length of 49.95 feet; thence South 13 deg. 08' East 96.89 feet to a point; thence on a curve to the right with a radius of 70,0 feet, an arc length of 32.38 feet to a point; thence South 13 deg. 22' West 11.22 feet to a point; thence crossing Fleetwood Road in a Southeasterly direction approximately 60 feet to the point and place of Beginning. 151184338v1 Book: 6168 Page: 479 Page 3 of 4 Exhibit "B" Permitted Exceptions 1. Taxes and assessments for the year 2022 and subsequent years, a lien not yet due and payable. 2. Matters that would be disclosed by a current and accurate ALTA survey of the property. 3. Any building or zoning regulations affecting the property. 4. Rights of tenants in possession, as mobile home tenants only, pursuant to written but unrecorded rental or lease agreements, without rights or options to purchase, including, but not limited to, Mobile Home Lots. 5. Terms and conditions of that Service Agreement as recorded in Book 5144, Page(s) 371, of the Buncombe County Registry, reference being made to the records thereof for the full particulars. 6. Easement(s) to Carolina Power & Light Company as recorded in Book 1444, Page(s) 168, of the Buncombe County Registry, reference being made to the records thereof for the full particulars. 7. Easement(s) to BellSouth Telecommunications, Inc., a Georgia corporation, as recorded in Book 3420, Page(s) 450, of the Buncombe County Registry, reference being made to the records thereof for the full particulars. 8. Easements, Setback Lines and any other facts shown on those Plats in Plat Book 34, Page(s) 5; Plat Book 35, Page 34 and Plat Book 200, Page 113, all of the Buncombe County Registry, reference being made to the records thereof for the full particulars, 9. Title to that portion of the property within the bounds of Dryman Mountain Road, and any rights of others entitled thereto. 10. Right(s) of Way Site Easement to Southern Bell Telephone and Telegraph Company as recorded in Book 1658, Page(s) 274, of the Buncombe County Registry, reference being made to the records thereof for the full particulars. Book: 6168 Page: 479 Page 4 of 4 Delaware The First State Page 1 6388156 8100 Authentication: 204689892 SR# 20213779209 Date: 11-15-21 You may verify this certificate online at corp.delaware.gov/authver.shtml I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF FORMATION OF “RIDGEVIEW NC MHC, LLC”, FILED IN THIS OFFICE ON THE TWELFTH DAY OF NOVEMBER, A.D. 2021, AT 3:02 O`CLOCK P.M. State of Delaware Secretary of State Division of Corporations Delivered 03:02 PM 1142/2021 FILED 03:02 PM 11/12/2021 SR 20213779209 - File Number 6388156 CERTIFICATE OF FORMATION RIDGEVIEW NC MHC, LLC 1. The name of the limited liability company is: Ridgeview NC MHC, LLC. 2. The address of its registered office in the State of Delaware is Corporation Trust Center, 1209 Orange Street in the City of Wilmington, Delaware 19801, County of New Castle. The name of its registered agent at such address is The Corporation Trust Company. 3. The latest date on which the limited liability company is to dissolve is: N/A. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation of Ridgeview NC MHC, LLC this 1 lth day of November, 2021. /s/ Katherine L Hammers Katherine L. Hammers, Authorized Person 2/16/22, 3:55 PM FedEx Ship Manager - Print Your Label(s) https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 1/1 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. 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