HomeMy WebLinkAbout NC0022489_Ownership Change_20010721, State of North Carolina .
Department of Environment and Natural Resources
Division of Water Quality
PERMIT NAME/OWNERSHIP CHANGE FORM
.'ENR-FRS
Any changes made tothis, form wili result in the application being returned.
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGIRA4
.EOUIRED ITEMS
For more information,, visit our web site at: h2o.enr.state.nc.us/ndpu/;
1
Submit one original of the completed and appropriately executed Permit Name/Ownershi$ Change Form. For a
change of ownership, the certification must be signed by both the current permit holder and the new applicant.
For a name change only, the certification must be signed by the applicant.
Provide legal documentation of the transfer of ownership .(such as a contract, deed, article; of incorporation, etc:)
for ownership changes. A copy of the Association Bylaws and Declarations should be submitted for a change of
ownership to a Homeowners Association.
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Submit a properly executed Operation and Maintenance Agreement for all Single Family Spray:Drip Irrigation
permits requesting a change of ownership.
: URRENT PERMIT INFORMATION
•
'ermit number::,/,
'ermit hO flees
'ermit'signing officialna ne and title:''
C:1_A RIL.
(Person legally responsible for permit)
OcoNe2.
Mailing address: P.O. Bo 9 000
'ity: 36..00f O . . State NO
elephone number: (3j) (a (o - 0500
fEW OWNER/NAME INFORti1ATION
(title)
Zip: 0
Facsimile number: (
his request for a permit change is .a result of '
Change in ownershipof property/company
,::"';; b. Name Change'only:
c. Other (please explain):
current- permit -until -a -new
Signature:....-'j�
Applicant's Certification:
I, BOb1Nl R. rn i 1 e_R, , attest that this application for 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
2. New owner's name (name to be used in permit): G(by 1 n i 162 1SP.s rfC�
3. Ne*pwner's,:or•signi
g--
offcial's.; :.. ;;
'
:.-- name and=title;-..:_.__._..
(Person egally3iesponsi e.for etmmit � -?%,
(title)
4. Mailing address: ld (54 6 Wa,$)- PD f Ad Stcees'
City: -D011�
Telephone number: (q10 ) . - 105'4
Facsimile number: (q I () ) 9 - g 45i-j
V. CERTIFICATION -
State: 1'(ee Zip: 4423 Li
Current Permittee's Certification:
I, h') l KE (► >,AtQ , attest that this application for 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 '
q pp g information and attachments are ,not. included,- ;P this application 1 ,
package_
ac agevwill be returned as mconiplete 1 understand I will continue_toybe responsible -for compliance' -with the t
1 .ssi 2
---- .-Date: _ ,-.Z.Y.
not completed and that if.all required supporting information and attachments are. not included, this application
package will be returned as Incomplete._._-,-,
Signature:
Date: 7/12/o1
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALLSUPPORTING INFORMATION,AND - MATERIALS, SHOULD,BE SENT,TO -THE FOLLOWINGADDRESS: •"' `' `
NORTH CAROLINA DEP T• • �. c _—
NORTH MENT OF ENVIRONMENT AND:NATURAL REnSOURCES 1 -: , `{ _.r ; 1"; 2" 1 Y "" • `-''' .
; sr•: ; NOD=DISC WATER;QUA-ITV i----(- ' Z., -;f: )i y*f/ +63 ^ t'iVr S ]r+ : :rrr
_ _ BARGE PERHIITTING: UNIT<• - 3 . i• •J.
S. Postal'Service -• - _ _
1
MAIL SERVICECENTER' . 512 NORTH SALISBURY STREET, SUITE 12.19
,EIGH, NORTH CAROLINA 27699-1617 :-
.. . .RALEIGH, NORTH CAROLINA 27604 -
TELEPHONE NUMBER: (919) 733-5083
RM: PNOCF 06/00 Page 2 of 2
A. SETTLEMENT STATEMENT -:
U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT .
OMB NO. 2502-0265
B. TYPE Of LOAN
1. I ] FHA 2. ( ] FmHA 3. (X7 Cony. Unts. 6. FILE NUMBER I7.' LOAN NUMBER 'I
4. ( ] VA 5. ( ) Cony. Ins. L&83 I
C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to end by the settlement agent
are shown. Items marked ',WOW were paid outside the oloeing] they are shown here for informational purposes and are
not included in the totals. 5.0 10-96 (5/L&B3)
D. NAME AND ADDRESS OF BORROWER
L & B Enterprises of Dunn, LLC
1006-e West Broad street
Dunn, NC 28334
iE. NAME AND ADDRESS OF SELLER
Atlantic Investment Properties
P. 0. Box 3291
cery, MC 27519
8. MORTGAGE INS CASE NUMBER
F. NAME AND ADDRESS OF LENDER
G. PROPERTY LOCATION
Leurelea MHP Leese
NC ?.r%Y o ••
Cumberland County, NC
IN. SETTLEMENT AGENT ; I. SETTLEMENT DATE
Dewey R. Butler
May 23, 2001 '
PLACE OF SETTLEMENT
509 W. Broad Street
Dunn, NC 28334a
J. SUMMARY OF BORROWER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER
101, Centregt Sales Price
102; P_Cras2 en l Property
- went Chimes to Borrower linet400
104.
105.
�1 54QtQ0
9 000.00
Adiustments far items paid by Seller in advance
106._�1tvltown texas rq T
691 00 403
404. h
405
li
Adiustmdnts for items oei iv_l-gjjer in advent
K. SMART OFISELLER'S TRANSACTICN
400. GROSS AMOUNT DUE TO SELLER
4Qj. Contract Sales grit, I 5.540.0
402. Personal Property i I ��9.000.00
4
107. County taxes. to
•.iJ4. Vl .1I •Ytll i.QAny t \Y
407. County taxes I i to
108. Asgeeements ,_20___-
_tpj18
Ag ttamonte
_JD_109. 409, 1
110.1.
470. '1f
411.
112.
412. ;I
120. GROSS AMOUNT DUE FROM BORROWER
125,231.00
420. GROSS AMOUNT DUE TO SELLER
124,540.00
200. AMOUNTS PAID .BY CR IN BEHALF OF BORROWER
500. REDUCTIONS LE AMOUNT DUE TO SELLER
201. Deposit or earnest money
11,554.00
501 Excesa-Depostt (see instructions)
202_. Prinnipal Amount of New Lonn(•e)
502. Settlement Che�raes to Roller linel4D
16.162,99
203. Existing Loan(s) Taker, Subject to
____ _
503 Exietine Loans Teyan Subject to
204.
504 egvoff let Mta toIBrehoh Banking and Trust
,
72.450.54
205.
_
505,�eypff of second mortaane'logn
206. _
506 II 1--•
20 6.
[Deposit disbursed agproceeds)
208.507
508 1 I
2Q9•
509. I' I •
Adjustments for items unoaid.by Seller
'Adjystments fort Dlss]npatd byjeller
210. City/tgwn teXea to
310 City/tgwn.jexes I to
211 County texas 01-01-01 to 05-24-01
J 3.
511 County taxes " 0101-01 to 05-24-01
999.13
2212 Amasismertts to
_929
lig. yss ssments I to
213.
214.
'114,
215.
•
515.
216.
•
217.
_516.
P
_517
5_18
219.21.
519. i I
220. TOTAL PAID BY/FOR BORROWER
12,553.13
520. TOTAL REDUCTION AMOUNT DUE SELLER
89,612.66
300. CASH AT SETTLEMENT-FROM/TO BORROWER
600. CASH AT SETTLEMENT TO/FROM SELLER -
301. Gross Amt Due from Borrower (Line 120)
125,231.00
601. Gross Amount Due ;to Seller (line 420)
_
124,540.00
302. Less Amt Paid by/for Borrower (Line 220)
(
12,553.13)
602. Lees Reductions Due Salter (line 520)
(
89,612.66)
CASH [X7 PROM ( ) TO BORROWER 112,677.87 603. CASH IX] TO I FROM
SELLER
34,927.34
The Undersigned hereby acknowledge receipt of a completed copy of pages 112 of this atat'emeni & any attachments referred to herein
BORROWER L & B Enterprises of Dunn, LLC
BORROWER
SELLER Atlantic Twits ment rties
SELLER
HUD-1 (3-86) RESPA, KB 4305.s
SETTLEMENT STATEMENT
L. SETTLEMENT CHARGES
h
700. Tote Sales/Brokers Commissions Based on Price S / 13,0860Q
PAID FROM
PAID
Division of Commission Cline 700) as followst I
BORROWER'S
FROM
SELLER'S
701.._ $ 11480.00 to Johnson PCDflArtiea I
FUNDS AT
FUNDS
702. $ to
SETTLEMENT
A'
SETTLEMENT
Q_nmigsion Paid et Settlement Ii
•
704.
.080.00
800. ITEMS PA\'ARL.E IN CONNECTION WITH LOAN
.n_OrlainstIon_fet X _10 e
2, Loan Diecount X. to 0
803. Appreleel Fee to I
804 Credit R.00rt to I
to II
1806. Mortaece Ina ARILliato
807. Assumption Fee to I
808, II
809, h
810.
811. . .-- • 11 i
900. ITEMS REQUIRED ST LENDER TO BE PAID IN ADVANCE
901. Interest from to BS /dav( days %) a
902. MorteawIneurance Premium for monthsto. .. - d
903, waserd Insurance Premium for 1.0 yours to
1
904. to
905.
'
1000. RESERVES DEPOSITED WITH LENDER N
1001. Hazard Insurance Moths .8 $ II
per month
ur e months ES oar month
10P3. City/town texas months 8 S per. month I
1004. County taxes months A
$ per month
11005. Ants m@ t onth& per month
106. months 8 $ per onth I
.1007. months 8 $ per month
1008,
!
\
1100. TITLE CHARGES II
1101. Settlement or Closinp Fee t9
1102. Abstract pr Title Search tc
•
1103. JILL; Examination to II
1104. Title inaiwance Binder to
I'
alm_lowitent Preparation tc 0 1-J
1106, Notary Feea to 1 I
. 111)Z,Atteracy's Fees to Dewey R. Butler
650.00
(incl-ades above item nusOars: ) J
1108. Title Insulancsto Irveotor.__Titj lj-j. Co.
______________,
(includes above item numbere; ) ' d
1109.-Lender's Coverage $
11121011flaclaSstazagg--$ 1;
111% CODY Fee to ilewav .R. Butler
r1112.
25 011
•
1113. .
-12.41-01LERJIMENT REZaRDINO AND_IRAMSFER CHARGES
Fees: I
1202. Citygountv Ipx/Stamas: Deed S.:Mortagoe'S
1203. State Tax/Stamps: Dead $ plortime $
1204. Recordina Fee to Cumberlon0 Contv Rea. of Deeds
1205.
!I
_131Q,mcmgaLranapstaramia. a
1301. Survey to if
,
1302. Petjnsoectn to
1303. 2000 Personal Procerhe Tax to Cumbering Co. Tax collector
1304.
1305.
I
. -
1400. TOTAL SETTLEMENT CHARGES (Enter On Lines 103, Section J and 502, Section K) 1
691.00 '
16,162.99
axinement,
(5/L&Ei3)
cline pries
ac now eage
receipt of a comp etedcopY of page 2 of this 2
j I
v 1
..:;eAvessevei Ateakr".>
Dewey R. m.ffer )
Settlement
Agent!
Page
statement,
Bobby Miller Enterprises, Inc.
1006-B W. Broad St.
Dunn, NC 28334
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07/13/2001 12:56
TO:
=== COVER PAGE ===
FAX: 191048E10707
FROM: BOBBY MILLER ENTEPI
FAX: 9108929054
TEL: 9108629054
COMMENT:
„11/114._ 02/./-63 frevt
6
07/13/2001 12:56
9108929054
�.: :'PROM
•
fi
BOBBY MILLER ENTEIPI
t. • z1.? , I
•
Bobby Miller Berg;, [II. ,
1006-B W. Broad.'$t ' '
Dunn, NC 28331••.
Fax & P(910) 8914
ih:081
•
<<�C•,••••,. R SHEET)
MMLINTS ',•
•
[8t0 W.
Cumberland Sr.
dutui NC 28334
5059 Southpor Supply Rd.
Southport NC 2i<1161.
Oarrin & Wanda King
Paroters & Mangier
iI
PAGE 01
BOBBY MILLER ENTERPI
PAGE 02
State of North cambia
in'ent of Environment and NituritResources
Division of Water QUality
T NAME/OWNERSHIP:MANGE FORM
Any eh tittrifde to this form will result In the application being returned.
"-Witiiititif MAY BE PHOTOCOPIED FORUWE ;IS AIVORIGWAL)
•
.:.
'it one orig.'
Completed and appropriately executed Permit Name/Ownership Change Form. For a
..... •.
lase of owneral440te itrtification must be signed by both the current permit holderand the new applicant.
pk.name chartg011yillie certification must be signed by the applicant. i .
. , ,,,,i• ".•,..;,(4,R..., ...:',.:•
0-legal dfttnitlifirillott of the transfer of ownership (such as a coitract, deed, article of incorporation. etc.)
wnership charigii:":.70opy of the Association Bylaws and Diclaritions should be submitted for a change of
F•lltintarahlp to a 1-10M,tvers Association. . . •
...,.. ._ :
. • „•, Ar,
.... i a proper0`...; tiOperation and Maintenance AgreeMent tor all Single FaMily 'Spray:Drip Irrigation
its requesting*
lilhi�g of ownership ,
information, visit our web sire at: hicianr.state,FIC.SlendpU1
•
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'inuniber:
, •
,
•
. .
;. .
. . .
. . . .
•
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older's Ma.'
•
signing
address:
'
name and title: I1<R, 1-,Aa14::, •
(Persontoga*" fesp*ible fot permit)
OwNee-
ne numboi::;fy. ' ^ u
• • (tide)
1-1.0
":-.. . sate: .14A Zipc:71qi o`i
. ..
. ...... .
Facsimile' fitirriber: ( ... ) •
Kftfraiiit: afrIATION
• . .
as. t for a 0 e• is a result of:
a chu•vkt *aisership of property/company
Or!,
b. Nasitelikinge only
c. Othei,;(islaase explain):
•
07/13/2001 12:56
9108929054
BOBBYMILLER ENTERPI
PAGE .03
4w owner's 'n*sb {> to be used in permit): t3 bb tri`� i Ie�, r 4.e r ?sues
owner's• ri f
friting addrega>"-1)014
±Ke,
•9111bial's name and title: y•• � �;� ;� e.r-!
"" • v (PentOn goly telPuusible for permit
.6 , .a.s1- FQ.2A
hone nu • 91,-'10_4
rsej
State: 'ra2ip: r 2Q`2'3
Facsfntile nuiitbet { c 1 t) ;) •? 9 ;1 w q 05j
•
lit Perm: ation: •
1 F c& p,.•,
, attest that this application for'hitiltirtriiersttiip'change has been reviewed And is
�t??t...•.�� ��•` sac and Cv �.
tl ilie! best of my knowledge. I understand :that if all fequired (parts of this application are
Ake° '• • k,�
c ••completed'ii ii4i Il.'required supporting information
•
willl...,p._,
Ba''pi incomplete. I understand r will co
.thdietigiint permitf;"rienttit is issued
a
` titittachnieii is are no't included, this application
stir* to be tesponsible Car compliance with the
Date:
r. •
{icant's Ceitj:
attest that this application for gajtii/O*iersh q change has been reviewed and is
to and c * t is''bist of my knowledge. I understiiitd that if all requited parts of this application are
oorrtpletcd a it frati required supporting information Sid• attiiehmen are no
.�L
re:
';'incomplete. -
11"1 ..•C.
•
included, this application
F •
i
t i e: 7/12, / o I
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COMPL taitICATION PACKAGE, INCLUDING' ALL Isl(JPPOATIIUG INFORMATION AND' 'ill ALSO SHOULD BE SENT ITO THE 'P ING•4 DRESS:
NORTH ' ,' ,,-
NA'DEPARTMENT OF ENVIRONEDIX4T AND NA'[' IRAL RESOURCES
DIVISION _ OF WATER ' ' NON -DISCHARGE PE
•
SERVICE C'EIR
Pi$, NORTH CAROLINA 27699-1617 RA12 P
...,�... , • . - --
• :,TELEPHONERAIw
NUMBER' (9
PNOCF 0 /00
Y. STREET; SUITE 1219
AROLINA , 27604 .
I
I•
I
II
01/50/203.4 03:20 FAX
: OFFER TO PURCHASE AND CONTRACT-
—gig _
•
,`%a'�•* d ��^��Lt. .. y� ^;��}....--.� `y _` .,�_, `:...
� i�Cl� 1��`
eby offers to purchase and i Atlantic Investment Properties
• 11SB27yer
, as Seller,
upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below. together with all improvements located
thereon and such fixtures and personal property as are listed below (collectively referred to as the "Property"), upon the following terms and conditions:
I. REAL PROPERTY: Located in the City of rural Spring Lake
a 001
, County of
Cumberland , State of North Carolina, being known as and more particularly described as:
Spring Lake. NC Zip 28390
Street Address . Waterworks Road
Legal Description: DilCon Mobile Nome Park
(tJ All 0 A portion of the property in Deed Reference: Book 4990 Page No_ 35'0-352 Cumberland County.)
NOTE: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the
Property, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and ocher governing docu-
ments of the owners' association and/or the subdivision, if applicable.
'2. FIXTURES: The following items, if any. are included in the purchase price free of liens: any built-in appliances, light fixtures_ ceiling fans, attached
floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, combination
doors, awnings, antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace
screens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball
goals, storklike sheds, mailboxes, wall and/or door mirrors, and any other items attached or affixed to the Property, EXCEPT the following items:
N I
3. PERSONAL PROPERTY: The following personal property is included in the purchase price: to include all existing
mobile homes . 1
4. PURCHASE PRICE: The purchase price is $ .> .r and shall be paid as follows -
(a) $ % =%c. EARNEST MONEY DEPOSIT with this offer by 0 cash 0 personal check 0 bank check CI certified check 0 other.
to be deposited and held in escrow by Johnson Properties Realtors & Auctioneers, Inc.
("Escrow Agent") until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (T) this offer
is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this
contract by Seller, upon Buycr's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available CO
Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request,
but receipt of such forfeited earnest monies shall not affect any ether remedies available to Seller for'such breach_
NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is required
by state law to retain said earnest money in the broker's trust or'escrow account until a written release from the parties consenting to its disposition has
been obtained or until disbursement is ordered by a court of competent jurisdiction.
(b) $ N/A ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no -later than N/A
TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE.
(c) $ ' N/A BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed
of trust on the Property in accordance with the attached Loan Assumption Addendum.•
(d) S N/A , BY SELLER FINANCING in ecordance with the attached Seller Financing Addendum.
(e) $ e e- ee ere, ee , 13ALANCE of the purchase pric in cash at Closing.
S. CONDITIONS: (State N/A in• each blank that is not a condition to this contract.)
(a) Buyer must be able co obtain a LAFHA j A/A (attach FHA/VA Financing Addendumjl 4 ConventionalN/AOther: N/A loan at ALA Fixed
Rate LAAdjustable Rate in the principal amount of =N/A (plus any financed VA Funding Fee or FHA MIP) for a term of
NLAyear(s), at an initial interest rate not to exceed N/A % per annum, with mortgage loan discount points not to excecdN/A % of the loan amount
Buyer shall apply for said loan withinN/Allays of the Effective Date of this contract_ Buyer shall use Buyer's best efforts to secure the fender's customary
loan commitment letter on or before N/A and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above
letter date, Seller may request in writing from Buyer a copy of the loan commitment letter_ If Buyer fails to provide Seller a copy of the loan commitment
letter or a written waiver of this loan condition within five days of receipt of Seller's request. Seller may terminate this contract by written notice to Buyer
at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. Buyer shall be responsible for all costs with respect to any
loan obtained by Buyer, except if Seller is to pay any of the Buyer's Closing costs (including loan discount points), those costs are as follows;
None
(b) There must be no restriction easement, zoning or other governmental ecgulation that would; prevent the reasonable use of the Property for
R-6—A
purposes.
(c) The Property must be in substantially the same or better condition at Closing es on the date of this offer, reasonable wear.and_[ear excepted.
(d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or as Closing such
that cancellation may be promptly obtained following.. Closing_ Seller shall remain obligated to obtain any such cancellations following Closing.
(e) Title must be delivered at closing byy . . SEED unless otherwise stated herein, and must be fee simple marketable title, free of
all encumbrances except: ad valorem taxes for the current yet:: (prorated through the date of Closing): utility easements and unviolated restrictive
covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved -by Buyer. The
Property must have legal access to a public right of way.
6 SPECIALASSESSMENTS: Seller warrants that there arc no pending or confirmed governmental l special assessments for sidewalk, paving, water,
sewer, .or other Noi provements on or adjoining the Property, and, no pending or confirmed owners' association special assessments, except as follows:
(insert "None" or the identification of such assessments, if any.), Seller shall pay all owners' association assessments and all governmental assessments
co_ confirmed throughNonthe time of Closing, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise. agreed 8s follows:
;
7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall beiprorated and either adjusted between the parties or
paid at Closing: (a) Ad valorem taxeson real property shall be prorated•on -a calendar year basis through the date of Closing; (b) Ad valorem taxes on
personal property for the entire, year shall be paid by the Seller unless the personal property is conveyed to the'Buyer, in which case, the personal property
taxes.shall be prorated on a calendar yearbasis through the date of Closing; (c) All late listing penalties, if any,shall be paid by Seller; (d) Rents, if any,
for the Property shall be prorated through the date of Closing; (e) Owners' association dues and other like charges shell be prorated through>.the date of
Closing. Seller represents that the regular owners' association dues, if any, are $ N/A • per N/A ,
S. CLOSING EXPENSES: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's :obligations under this
agreement, and for excise tax (revenue stamps) required by law. Buyer shall pay for recording the deed and for preparation and recording of.11inattuments •
required CO secure the balance of the purchase price unpaid at Closing. I - -4ee_f ;.._
9. FUEL: Buyer agrees to purchase from Seller the fuel, if any. situated in any tank on the Property at the prevailing rate with thecost of measurement
thereof, if any,, being paid by Seller.. I'
10, EVIDENCE OF TITLE:. Seller agrees CO use his best effors to deliver to Buyer as soon as reasonably possible after the Effective'Date of this
contract, copies of all title information in possession afar available to Seller, including but not limited to: title insurance policies, attorney.'s opinions on
title ;surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property.
11 LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in for•m.satisfactory to Buyer showing that all
labor and materials, it, any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer
againsnall loss from any cause or claim arising therefrom. 1
• ' JOHNSON PROPERTIES.
this form fins been - North Carolina Bar Association - I' , REALTORS &AUCTIONEERS, INC.
approved jointly, by the: North. Carolina Association of REALTORS® ;• 919-639-223►1 • 1_BOO' i655-5896
• Buyer Initials .• jG'/t' i Seller leiriel, 1 itlStandard,Forat No. 2
v2 914 U.-.3 : Zit •A2i.
' pERTY DISCLOSURE AND INSPECTIONS:
' ' psorty Disclosure:
ieuyer has received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract.
:
•
/
Buyer has NOT received a signed copy of the N.C. Residential Property Disclosure Statement prier to the signing of this Offer to Purchase and
Contract and shall have the right to terminate or withdraw this contract without penalty prior to WHICHEVER'OF THE FOLLOWING EVENTS
OCCURS FIRST; (I) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following
the date the contract was made; or (3) Closing or occupancy: by the Buyer in the case of a sale or exchange_
p Exempt from N.C. Residential Property Disclosure Statement because (SEE GUIDELINES) '
ES The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum.)
(b) Property Inspection: Unless otherwise stated herein, or as otherwise provided on an inspection addendum _attached hereto, Buyer shall have the
option of inspecting or, obtaining at Buyer's expense, inspections to determine the condition of the Property. Unless otherwise stated herein,it is a ••
condition of this contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (including
flashing and gutters), doors and windows. exterior surfaces, structural components (including foundations, columns, chimneys, floors, walls. ceilings and
roofs), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and sewer systems (public and Private), shall be
performing the function for which intended and shall not be in need of immediate repair; (ii) there shall be no unusual drainage conditions or evidence of
excessive moisture Adversely affecting the structure(s); and (iii) there shall be no friable asbestos or existing graonmental contamination: Any inspec-
tions shall be completed and written notice of pecessary repairs shall be given to Seller on or before . Seller shall provide written
notice to Buyer of Seller's response within NI A days of Buyer's notice. Buyer is advised to have any inspections made prior to incurring expenses for
Closing and in 'sufficient time to permit any reauked repairs to be corrinleted by Closing,.
(c) Wood -Destroying Insects: Unless otherwise stated herein. Buyer shall have the option of obtaining, at Buyer's expense, a report from a licensed pest
control operator on a standard form in accordance the regulations of the North Carolina Structural Pest Control Committee. statinethat as to all
structures except there was no visible evidence of wood -destroying insects and .
containing no indication of visible damage therefrom- The report must be obtained in sufficient rime so as to permit trearrinent, if any, and repairs, if any. • ' '
to be completed prior to Closing. All treatment required shall be paid for by Seller and completed prior to Closing, unless otherwise agreed upon in wiiting. -
by the parties. The Buyer is advised that the insoection report described in this paragraph may untabeays reveal either snemieraeslemaoe or damage
caused by agents or organisms other than wood -destroying insects. If new construction, Seller shall provide a standard warranty of termite soil treatment. . •
(d) Repairs: Pursuant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the option of completing them or refusing • .
to complete them. If. Seller elects not to complete the repairs, then Buyer shall have the option of accepting the Property in its present condition or ..
terminating this contract, in which case all earnest monies shall be refunded. Unless otherwise stated herein, or as otherwise provided on an inspection •
addendum attached hereto, any items not covered by (b) (i), b (ii), b (iii) and (c) above are excluded from repair negotiations under this contract. •
(a) Acceptance: c LOSING SHALL CONSTITUTE ACCEPTANCE OF_EACH OF THE SYSTEMS. ITEMS AND CONDITIONS LIXT,ED . -'
ABOVE IN ITS THEN NL R VISI N IS W E MADE IN
13. REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing .
or possession by Buyer, to Buyer or Buyer's representatives for the purposes of appraisal. inspection, and/or evaluation. Buyer may conduct a walk-
through e•
inspection of the Property prior to Closing. , .
. •
14. CLOSING: Closing shall be defined as the date and time of recordiofetleeedeecieMparties agree to execute any and all documents and papers . • .;
necessary in connection with Closing and transfer of title ee_or before '42..--aY.L.,..1,.0:27L-!..!JVA--,-.-,' , at a place designed by Buyer. The deed is to .
be made to -.1-'', ce- les ;-Th ‘. I .a.:-. t.,..! (..7•74. ;...•-; i -4 4_-^ 1_, .1 :,....., ? .1 1,,c---;-..--.---,...:,-;;;;:. . .
15. POSSESSION: Unless otherwise 6rovided herein, possession shall be delivered at Closing. In the event -possession is NOT to be delivered at Closing: •:.
0 a Buyer Possession Before Cloeing Agreement is anachecL OR, 0 a Seller Possession After Closing Agreement is attached_
16. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.)
.,''' Buyer, gaugenesee. 111:ignrn' &rt'atil au Ipwheiteall greuiVi agni.b61.3irdA'tg nrillr azini.vdreisite Pc—a.'"IttinpihcfriejOatti#1&"gr's the L'I
1.11iWer acicnowledr t asi ie etas personstly Xnepected the property _ egg is p• varanataisig rhia borne, ..-'•
ropbrty, bulletin e am, enisting mo le homes as s 'where is Wit ittep ta'arrareities Ether written',
meett a.greesient issued y time Dept,_ Q - the IT S„ Army rite ot the Sa•trazussab. District eaneer South.
or Implied and, ed. le 41. Mat .ff- if ail. .Buyer acicito edges easement int c),,paraitiom eaen trout Wise —
Atlantic Division Easaement No. DACAZ —2-167-0.517 to Dilton Park, inc. see poeted ; surereyetor reertfterre
details Fe Time is or the essence.' - -- - "
17. RISK OP LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are -;
destroyed or materially damaged prior to Closing. Buyer may terminate this Contract by written notice delivered to Seller or Seller's agent and all deposits :)
shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract. Buyer shall be entitled to receive. in addition to the Property. any
of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased 4 ,
. .
18. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall . •
be binding on the assignee his heirs and successors. , • .
19. PARTIES: This contract shall be binding upon and shall inure tb the benefits of the parties, i.e., Buyer and Seller and their•heirs, successors and .
assigns. As used herein, words in the singular include the plural 'and the masculine includes the feminine and neuter genders, as appropriate. '
20. SURVIVAL: If.any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall •
survive the Closing and remain binding upon and for the benefit of the parties hereto until fully olikerved, kept or performed. •
21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or ocher:Orovisione •.'
other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall
' alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement. Of any other'
agency agreement between them. . ; .
22. NOTICE AND EXECUTION: Any notice or communication to be given to. a party herein may be given to the party or issueh ptictyi:air,ent..This reie,
offer shall become a binding contract (the "Effective Date) when signed by both Buyer and Seller and such signing is communicated to theoffering party. 's..!...:•:
.',"
This contract is executed under seal in signed multiple originals,•all of which together constitute one and the same instrument, Withet'sigit4d original being
retained by each party and each REALTOR® or broker heretoand the parties adopt the word SEAL" beside their signatures below. ,,--'•,;.!
, . - .,
. . .
s • IF YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE AND CONTRACT OR FEEL THAT IT DOES NOT PROVIDETOR4o*LEGAL-
NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT_
, . •
.-1
Buyer acknowledges having made an on -site personal examination of the Property prior to the making of this offer.
Date. April 18; 2001 . Dm,: CATit.iill'EGfitell
•
.•
Date- T. ,.•
(SEAL) Seller Z.;-;"'"(2.4 . .
2 uy er o?. (SEAL)
•
[a 0 02
• • • /1,iesf.....fr is.P.AL) • ".
Date:: . •
Seller (SEAL). •
\Escrow Ageneaeknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof.
D,ne April 18, 2001 Firm-
Johnson Properties Realtors & Auctioneers, Inc.
By:
•
•
Selling Ascin/Finn/Phone
\ ' : Acting as 0 Buyer's Agent tl Seller's (sub)Agent 0 Dual Agent
Listingegent/Firm/Phone
Bryan Blinson t JohnsonProperties / 919-639-2231
}-
As
Acting tat Seller's (sub) Agent 0 Dual Agent - .i-41;;'',, 4s4,:,
. . JOHNsOriV ,
\ . i;
RiAeriorts .f.c.441010010k
Page . . __.• •• • 2 of 2 \
, • ; . • . • 414439: fS
. • ,. ••• • , , -.
• ;',.••••:.., : .• :,11-:.....,,,,,..
,,•
•
e '••
gereee,:ekee ee • •
'ele•
•Jse •
.State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
July 6, 2001
Bobby. Miller
Bobby Miller Enterprises
1006 B West Broad Street
Dunn, N.C.-28334
SUBJECT: Permit Name/Ownership Change Form
Dilton Mobile Home Park
NPDES Permit No. NC0022489
Cumberland County
Dear Mr. Miller:
A
NCDENR
Please find enclosed a foiiin titled"Permit Name/Ownership Change Form". In a phone
conversation with you on July 5, 2001, it was the understanding of this Division that you have
purchased Dilton Mobile Home Park and have become the new owner! Dilton Mobile Home Park
has a wastewater treatment plant which discharges treated wastewater Ito the surface waters of the
State. This discharge of treated wastewater requires an NPDES Permit which is issued by this
Division: Such permits are not transferable from owner to owner, therefore 'it will be necessary for
you to completethe enclosed form and return it to the address indicated on the form, as well as sent
a copy to the Fayetteville Regional Office on or before July 23, 2001. Please be advised that
failure to do so would constitute a violation of North Carolina General Statues for which this Office
could initiate an enforcement action.
Also, please find enclosed a copy of an inspection report that was conducted on May. 16,
2001. If you have any questions or require further clarification, please :do not hesitate`to contact me
at (910) 486-1541.
Sincerely,
Kitty A.K. Kramer
Environmental Technician V
AKK/aldc
Enclosure
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 '
PHONE (910) 486-1541 FAX (910) 486-0707 WWW.ENR.STATE.NC.US/ENR/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
• State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
PERMIT NAME/OWNERSHIP CHANGE FORM
Any changes made to this form will result in the application being returned.
(THIS FORM MAY BE PHOTOCOPIED. FOR USE AS AN ORIGINAL)
For more information, visit our iveb site at.h2o.enr.state.ncs/ndpu/
I. REQUIRED ITEMS
•
1. . Submit one,original of the completed and appropriately executed Permit Name/Ownership Change Form. For a
change of OW- *ship, the certification must be signed by both the currentpermit holder and the new applicant.
For .a name change only,.the certification must be signed by -the applicant.
2. Provide legal documentation of the transfer of ownership (snah asa contract, d6ed, article of incorporation, etc.)
forepvynership changes. A copy of the Association Bylaws and Declarations shOuld be submitted for a change of
ownership to a Homeowner's Association. • , •
1
3. Submit a properly executed Operation and Maintenance Agreement for all SinIgle 'Family Spray/Drip Irrigation
permits requesting a change, of ownership.. , .
II. CURRENT. PERMIT INFORMATION
1. Permit nuinber:
,.•
2. Permit holder's name:
3. Permit's signing official's name and title: •
(Person legally responsible for permit)
(title)
4. • Mailing address:
City: , State: Zip:
Telephone dumber: ( •) Facsimile number: ( . )
• III. NEW OWNER/NAME INFORMATION
1. This request for a permit change is a result of:
a. Change in ownership of property/company
b. Name change only •
c. Other (please explain):
FORM: PNOCF 06/00 Page 1 of 2
•
Telephone number: (
IV. CERTIFICATION
2. New owner's name (name to be used in permit):
3. New owner's or signing official's name and title:
(Person legally'responsible for permit)
(title)
Mailing address:
City: State: Zip:
Facsimile number: ( )
Current Permittee's Certification:
I, , attest that this application for 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 I will continue to be responsible for compliance with the
current permit until a new permit is issued.
Signature: Date:
2. . Applicant's Certification:
I, , attest that this application for 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.
Signature: Date:
•
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND
MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: -
•
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION.OF WATER QUALITY
• NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service:
1617 MAIL SERVICE CENTER 512 NORTH SALISBURY STREET, SUITE 1219
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: (919) 733-5083
FORM: PNOCF 06/00 Page 2 of 2
--CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Mike Clark
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Postmark
Here i
Name (Please Print Clearly) (to be completed by mai er)
__Mike__ C1axk
Street, Apt. No.; or PO Box No.
PO Box 4000
City, State, ZIP+4
Asheboro
... :�.
:edified Mail Provides:
A mailing receipt
I A unique identifier for your mailpiece
I A signature upon delivery
I A record of delivery kept by the Postal Service for two years
nportant Reminders:
I Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
I Certified Mail is not available for any class of international mail.
I NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi
valuables, please consider Insured or Registered Mail.
I For an additional fee, a Return Receipt may be requested to provide proof o
delivery. To obtain Return Receipt service, please complete.and attach a Returr
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver foi
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
I For an additional fee, delivery may be restricted to the addressee of
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
I If a postmark on the Certified Mail receipt is desired, please present the arti.
cle at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mail.
MPORTANT: Save this receipt and present it when making an inquiry.
'S Form 3800, July 1999 (Reverse) 102595-99-M-208"
North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Fayetteville Regional Office
Michael F. Easley, Governor
• William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
March 19, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mike Clark
Atlantic Investment Properties
P.O. Box 4000
Ashb.oro, N.C. 28203
NCDENR
SUBJECT: Permit Name/Ownership Change Form
Dilton Mobile Home Park
NPDES Permit No. NC0022489
"'Cumberland County
Dear Mr. Clark:.
Please find enclosed a form titled "Permit Name/Ownership Change Form". In a phone
conversationwith you on December 29, 2000, it was the.understanding of this Division that you
had recently purchased the Dilton Mobile Home Park and had become; the most recent new owner.
The Dilton Mobile Home Park has-. a wastewater treatment plant which discharges treated
wastewater to the surface waters of the State. This discharge of treated wastewater requires an
NPDES Permit which is issued by this Division. Such permits are not transferable from owner to
owner, therefore it will be necessary for you to complete the enclosed form and return it to the
address indicated on the form, as well as sent a copy to,the Fayetteville Regional Office on or before
March 31, 2001 , Failure todo so would constitute a violation of North Carolina General Statues
for which this Office could initiate an enforcement action. Also, this Office will be unable to
process any requests 'for changes to this facility until such time as when the Dilton Mobile Home
Park has been properly permitted.
In most recent site visits and conversations with past owners, it has come to the attention of
this Office that wastewater from the Laura Lea Mobile Home Park -may be directed to the Dilton
Mobile Home Park wastewater treatment plant. Such a reroutiiig of wastewater without appropriate
approval would be considered a violation of North Carolina General Statues and if such• a
connection has been made must cease immediately. It is requested 'that written confirmation be
submitted to this Office on or before March 31, 2001 that state that no diversion of wastewater is
occurring.
225 GREEN STREET _ SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
• PHONE (910) 436-1541 FAX (910) 486-0707 WWW.ENR.STATE.NC.US/ENR'
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
Page 2
March 19, 2001
Mr. Clark
If you have any questions or require further clarification, please do not hesitate to contact me
at (910) 486-1541.
Sincerely,
Kitty A.K. Kramer
Environmental Technician V
Enclosure
AKK/akk
cc: Charles Weaver, NPDES Peiniit Unit
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
PERMIT NAME/OWNERSHIP CHANGE FORM
Any changes made to this form will, result in the application being returned.
(THIS FORM MAYBE PHOTOCOPIED FOR USE AS AN ORIGINAL)
For more information, visit our web site at: .h2o.enr.state.nc.us/ndpu/
I. REQUIRED ITEMS
1. Submit one original of the completed and appropriately executed Permit Name%Ownership Change Form. For a
change of ownership, the certification must be signed by both the current permit holder and the new applicant.
For a name change only, the certification must be signed by -the applicant.
2. Provide legal documentation of the transfer of ownership (such as a contract, deed, article of incorporation, etc.)
for ownership changes. A copy of the Association Bylaws and Declarations should be submitted for a change of
ownership to a Homeowner's Association.
3. Submit a properly executed Operation and Maintenance Agreement for all Single Family Spray/Drip Irrigation
permits requesting a change of ownership. -
II. CURRENT PERMIT INFORMATION
1. Permit number:
2. Permit holder's name:
3. Permit's signing official's name and title:
(Person legally responsible for permit)
4. Mailing address:
City: State: Zip:
Telephone number: ( ) Facsimile number: ( )
III. NEW OWNER/NAME INFORMATION
1. This request for a permit change is a result of:
a. Change in ownership of property/company
b. Name change only -
c. Other (please explain):
FORM: PNOCF 06/00 Page 1 of 2
2. New owner's name (name to be used in permit):
3. New owner's or signing official's name and title:
(Person legally responsible for permit)
(title)
4. Mailing address:
City: State: Zip:
Telephone number: ( ) Facsimile number: ( )
IV. CERTIFICATION
Current Pern ittee's Certification:
I, , attest that this application for 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 I will continue to be responsible for compliance with the
current permit until a new permit is issued.
Signature: Date:
2. Applicant's Certification:
I, , attest that this application for 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.
Signature: Date:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND
MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service:
1617 MAIL SERVICE CENTER 512 NORTH SALISBURY STREET, SUITE 1219
RALEIGH, NORTH CAROLINA 27699-1617. RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: (919) 733-5083
FORM: PNOCF 06/00 Page 2 of 2
UNITED STATES POSTAL SERVIOEQ
PM^;uJ
�y? E7 viAR tip/
__First -Glass -Mail
Postage=&_Fees Paid
`LISPS-_
PeFm it.No.-, G-1'0-"—
� 0 `J • Sender: Please print y rxr--fi me, address,?`d ZT''4-ittr,thl's x'
KIYTY KRAMER
DENR - DWQ
225 GREEN ST -.SUITE 714
FAYETTEVILLE NC 28301
l{ °!I.I
CLJ
I.•I,II,II,I,IIIII1111 „ II,I1I1l11 „ .1.111A lll,I „ I1I1,II11,I j
1
ENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mike Clark
Atlantic Investment Properti
PO Box 4000
Ashboro NC 28203
COMPLETE THIS SECTION ON DELIVERY
A. Received by (Please Print Clearly)
/L1rkGC-1P—IC_
C. Signature
X
D. s delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
B. Date of Delivery
3-D-76
❑ Agent
❑ Addresses
3. Service Type
Xail Certified Mail
❑ Registered
❑ Insured Mail
❑ Express Mail
❑ Return Receipt for Merchandise
❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number (Copy from service label)
709,•9; 341i)0;001.1.1134 4779 . ;; ;;;;;;
PS Form 381'11999{ { f t t t 1 DomesticcRetturn Receipt
tt
ifl i f I fi
102595.00-M-0952
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
February 15, 2000
Mr. Robert Leggett
R D & J Properties
P.O. Box 1192
Winterville, North Carolina 28590
461
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
EEWE
E u a 1 7 2000
FAYETEViLLE
'REG. OFFICE
Subject: NPDES Permit Modification - Ownership Change
Permit NC0022489
R D & J Properties
Dilton Mobile Home Park - WWTP
(formerly Little River Properties, Inc.)
Cumberland County
Dear Mr. Leggett:
In accordance with your request received February 4, 2000, the Division is forwarding the subject permit
modification. This modification documents the change in ownership at the subject facility. All other terms and
conditions in the original permit remain unchanged and in full effect. This permit modification is issued under
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 December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit modification
are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be a written petition conforming to Chapter 150E of the
North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447,
Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding.
This permit does not affect the legal requirement to obtain other permits which may be required by the
Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or
Local government permit that may be required. If you have any questions concerning this permit, please contact
Christie Jackson at the telephone number or address listed below.
f--7X"
err T. Stevens
cc: Central Files
IFavetteville Regional -Office, Water Quality Section y
NPDES Unit
Point Source Compliance Enforcement Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 538 (fax) 919 733-0719
VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES
ChristieJacks'on@ncmail.net
Permit NC0022489
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision 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,
R D & J Properties
is hereby authorized to discharge wastewater from a facility located at the
Dilton Mobile Home Park
Manchester Road
northeast of Fort Bragg
Cumberland County
to receiving waters designated as the Little River in the Cape Fear River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective February 15, 2000.
This permit and authorization to discharge shall expire at midnight on May 31, 2001.
Signed this day February 15, 2000.
err T. Stevens, Directob'
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NC0022489
SUPPLEMENT TO PERMIT COVER SHEET
R D & J Properties, is hereby authorized to:
1. Continue to operate an existing extended aeration package wastewater treatment
facility with the following components:
• post chlorination
The facility is located at the Dilton Mobile Home Park on Manchester Road,
northeast of Fort Bragg in Cumberland County.
2. Discharge from said treatment works at the location specified on the attached map
into Little River, classified C waters in the Cape Fear River Basin.
c-.1:!-.'v.•;•• •
DENR
.0 •
JAMES1HYNT J R•
.., •
OVERNOR
Bli1240 LMAN
SECRETARY
02,
KERRTtEVENS •
" -1'1-DIRECTOR::
• '21t--i:,-.7=';'";47
•
• ;
. 10'
•
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES.
1
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
February 2, 2000
Mr. Robert Leggett, Managing Partner
R.D. & J. Properties (Dilton Moble Home Park)•
P.O. Box 1148
Winterville, N.C. 28590
SUBJECT: Acknowledgement Letter
Name Change/Ownership Change Form
Dilton Moble Home Park - WWTP
NPDES Permit No. NC0022489
Cumberland County
Dear Mr. Leggett:
The Fayetteville Regional Office hereby acknowledges receipt of your Name
Change/Ownership Change Form received in this Office on February 2, 2000.
This Document appears to have all the supporting information as requested,
however further documention may be requested by our staff in the Central Office,
Raleigh, upon completion of their review.
If you have any questions or comments concerning this matter, please do not
hesitate to contact me at (919) 486-1541.
Sincerely,
Kitty A.K. Kamer
Environmental Technician V
AKK/akk
SC1.0011.1
Ft JZST
EINEM=
225 GREEN STREET, SUITE 714 / SYSTEL BLD FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 910-486-1541 FAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
-•-'57`;D••,-; ;.;
State of North Carolina
Department of Environment
and Natural Resources Division of Water Quality
James B. Hunt, Jr., Governor-`
Bill Holman, Secretary
Kerr T. Stevens, Director
11.
NORTH CAROLINA DEPARTMENT OF -
ENVIRONMENT AND NArURAL-RESOURCES
PERMIT NAME/OWNERSHIP CHANGE ;FORM
CURRENT PERMIT INFORMATION:
Permit Number: NCO() a / Zl L / 8 / '
1. Permit holder's named (c fL�
2. Permit's signing official's name and title:
3. Mailing address:
State: f
E-mail address:
7// &14 IJe S-1)",,
Zip Code: 9-) )*-1S
V(e'ics
eAr eft Sr�G
0,P tCrki(J Sd rt ?
(Person legally responsible for permit)
(�e�.�—
();
(Title)
01feity: <2rGL t -'
Phone: (d'a`-() )7 2 -es- f
NEW OWNER/NAME INFORMATION:
1. This request for a name change is a result of:
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):
3. New owner's or signing official's name and tit
REOWED
FEB 2 2000
FAYET B E\f1L L E
PEG. nri7c�r�,p
(Person legar onsible for permit)
(Title)
4. Mailing address:�0° X 'g City: Ge.),%/ e7ivieJ
State: P° 6- Zip Code: I o Phone: (a ,5a-- /-3
E-mail address:
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
An Equal Opportunity Affirmative Action Employer
Telephone (919) 733-5083 FAX (919) 733-0719
50% recycled / 10% post -consumer paper
PERMIT NAME / OWNERSHIP CHANGE FORM::
THIS APPLICATION PACKAGE WILL NOT' BE ACCEPTED BY THE DIVISION OF WATER "QUALITY
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 contract, deed, articles of "
incorporation)
-For changes_of.ownershio._:this form must be completed and signed by both the current permit
holder and the new owner of the facility. . .
For name change only, the current permit holder must complete and sign the Applicant's
Certification:
Current Permittee's Certification:
I, fYa' tCJ' V61 8 PI + , attest that this application for
reviewed and -is -accurate and.com lete
name/ownership c ange has been-p _ to best of my
knowledge. .1 understand that if all required parts of thisapplication are not completed and
that if all required supporting information and attachments are -not included, this application
package will be returned as incomplete.
Signature C Date: 7 - i %
Applicant's Certification:
I,�" . , attest that this application, for a
name!ownership_changQhas_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.
Signs r Date:
THE COMPLETE APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DENR`/ DWQ
NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Version 9-99
• —.1— JUL.15.1999 1' 44PM --ENVIRONMENTAL MGMT ' "
— N0.988, ,•P.2/2
•
Mittlii-NAME/9WNERHIP_CktigalM-V404
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT UNLESS ALL OF TUE APPLICABLE ITEMS
LISTED. BELOW ARE INCLUDED WITH THE SUBMIT•
TAL.
REQUIRED TIFsMS:. .
L This completed application . '
) Ilvls :s H
' Na,rG !,roer--F cL.
3., If an ownership change, legal documentation of the transfer of pw•pership (such as a contract. deed,
articles of incorperatloq? ..
CERTIFICATION MU,$T BE COMPLETED AND SIGNED CASE DOTE
THE CCURRENT
PERMIT HOLDER AND THE NEW. APPLICANT IN
OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE
AFPLICdaNT_'S GERTIPICA.TION.. --f - _
Current Permittee'a, Certifications
a [ V 1 a r_ P Va Co `��., a tip this 9pplicatk n for namelowaerrship change has been
reviewed and is accurate and complete to the best of my knowledge. I information and understand that if ail� DMrts this application are _nnont completed and that it all requhod supporting
included, appli will be =rued as incomplete.
Signature* Date'
Ares. L;ff1e 4i.�e. Pra to,. .,Jc_
App1I nnt's Certification j
d G jjZI err , all est that this application for a name/ownership change has been
reviewed and is card complete to the best of m' im su ledge. I understand hat and attachments all required
a parts
of this application .. comic and lured pl w°8
not
included, , . ..pu w,� on .. {sue . j .., plete. / O
b
THE COMPLETES APPLICATION PACKAGE. INCLUDING ALL SUPPORTING INFORMATION
AND MATERIALS, sI,TOUl .D DE SENT TO THE FOLLOWING ADDRESS:
. North Carolina Division of Environmental Management
. Water_Quality_Sectioo_ , � _
- t�iertizilt6 Arid"" Eeg�neer":rag rii it
P.O. Box 29535 .•
Raleigh, North Carolina - 27626 0535
Teltphone: • 919) 73333-5 53
Faz: ' (919)
;
R
'FEB 2 2000
[74,En- EV LLE
RE3. OF RCE
;I•
'A. SETTLEMENT,STATEMENT
U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
OMB No. 2502-0265
els
r
B. TYPE OF LOAN
1. [ ] FIIA 2. [ ] FmHA 3. [ ] Conv. Unis.
4. [ ] VA 5. [ ] Conv. Ins.
6. FILE NUMBER
98RE-353
7. LOAN NUMBER ' '
8. MORTGAGE INS CASE NUMBER
C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent
are shown. Items marked "[POCI" were paid outside the closing; they -are shown here for international purposes and are
not included in the totals. 5.0 10-96 0/LEGGETT.DAT/98RE-353)
D._NAME AND ADDRESS OF BORROWER
R D & J'Properties, A North
Carolina General Partnership
Post Office Box 1192
Williamston, NC 27892
E. NAME AND ADDRESS OF SELLER
Lauralea-Dilton Enterprises,
LLC
Post Office Box 53365
Fayetteville, NC 28305
F. NAME AND ADDRESS OF LENDER
G-.PROPERTY LOCATION
4.02 Acres, Manchester Twp
Spring Lake, NC 28390
Cumberland County, NC
H. SETTLEMENT AGENT 56-1029806 I
Richard M. Lewis, Jr.
I. SETTLEMENT DATE
December 4, 1998
PLACE OF SETTLEMENT
330 Dick Street
Fayetteville, NC 28301
J. SUMMARY OF BORROWER'S TRANSACTION
K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER
400. GROSS AMOUNT DUE TO SELLER
101. Contract Sales Price
484,000.00
401. Contract Sales Price
484,000.00
.102. Personal Property
402. Personal Property '
103. Settlement Charges to Borrower line1400
2,317.00
403.
104.
404.
105.
405.
Adjustments for items paid by Seller in advance
Adjustments for iitems paid by Seller in advance
106. City/town taxes to
406. City/town taxes to
107. County taxes to
407. County taxes to
108. Assessments to
408.`Assessments I to
109.
409.
110.
410.
111. _.
411.
112.
412.
120. GROSS AMOUNT DUE FROM BORROWER
486,317.00
420. GROSS AMOUNT DUE Tp SELLER
484,000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER
500. REDUCTIONS IN AMOUNT DUE TO SELLER
201. Deposit or earnest money
10,000.00
501. Excess Deposit (see instructions)
202. Principal Amount of New Loan(s)
502. Settlement Charges,to!Seller line1400.
968.00
203. Existing Loan(s) Taken Subject to
503. Existing Loans taken subject to
204.
504. Payoff 1st Mtg to ,J. 0. Keene
45,000.00
205.
505. Payoff of second mortgage loan
206.
506. Deposit retained by seller
10,000.00
207. -'
507.
208. Purchase Money Note
384,000.00
508. Purchase .Money Nole 1
384,000.00
209.
509. 1.
Adjustments for items unpaid by Seller
Adjustments for;'items unpaid by Seller
210. City/town taxes to
510'. City/town taxes to
SETTLEMENT STATEMENT PAGE 2
L. SETTLEMENT CHARGES
700. Total Sales/Brokers Commissions Based on Price $
Division of Commission (line 700) as follows:
701. $ to
702. $ to
PAID FROM'
BORROWER'S
FUNDS AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS AT
SETTLEMENT
703..Commission Paid at Settlement
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee 1.0000 % to
802. Loan Discount
to
803. Appraisal Fee to
804. Credit Report to
805. Lender's Inspection Fee to
806. Mortgage Ins. App. Fee to
807. Assumption Fee to
808. Flood Hazard Certification Fee.
809.
810.
811.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest from
to a$
/day( days
%)
902. Mortgage Insurance Premium for months to
903. Hazard Insurance Premium for 1.0 years to
904.
to
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance
months a $
per month
1002. Mortgage Insurance
1003. City/town taxes
1004. County taxes
1005. Assessments
1006.
months a $
per month
months a $
per month
months a-$
per month
months a $
per month
months a $
per month
1007.
months a $
per month
1008.
1100. TITLE CHARGES
1101. Settlement or Closing Fee
1102. Abstract or Title Search
1103. Title Examination
to
to
to Reid, Lewis, Deese, Nance & Person, LL
550.00
1104. Title Insurance. Binder
1105. Document Preparation
1106. Notary Fees
to
to Reid, Lewis, Deese, Nance & Person, LL
100.00
to
1107. Attorney's Fees
to Reid, Lewis, Deese, Nance & Person, LL
1,600.00
(includes above item numbers:
1108. Title Insurance
to Consumers Title Ins. Co.
(includes above item numbers:
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Mark A Gervasoni
Little River Properties, Inc.
2214 Knight Place #1
Spring Lake, North Carolina 28390
Dear Mr. Gervasoni:
A7A
�EHNI
June 2, 1997
JUN051997
F YE TTE\(i LE
REG. OFFICE
Subject: NPDES Permit Modification
NPDES Permit No. NC0022489
Dilton Mobile Home Park
Cumberland County
On April 25, 1997, the Division of Water Quality issued NPDES Permit No. NC0022489 to Little
River_Properties, Inc. A e e_w of the permit-fi-le_has indicated -that an-e ror-was-madver-tently made:in the
permits Accordingly, we are forwarding herewith a modification to the subject permit to correct the error.
This permit modification is to the cover sheet. em'fica ion nrorrethe=n eofthe-facility
Please find enclosed an amended cover sheet which should be inserted into your permit. The old page
should be discarded. All other terms and conditions contained in the original permit remain unchanged and
in full effect. These permit modifications are issued pursuant to the requirements of North Carolina
General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S.
Environmental Protection Agency.
If this permit modification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this letter. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447.
Unless such demand is made, this decision shall be final and binding.
If you have any questions concerning this permit modification, please contact Jennifer Wolfe at
telephone number (919) 733-5083, extension 538.
Sincerely yours,
Original Sigrnad By
Dodd A. Goodrich,
•
A. Preston Howard, Jr., P.E.
cc. Central Files
(Fayetteville Regional_Offia
Permits and Engineering Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper
Permit No. NC0022489
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision 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,,
Little River Properties, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Dilton Mobile Home Park
on Manchester Road
northeast of Fort Bragg
Cumberland County
to receiving waters designated as the Little River in the Cape Fear River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,
II, III, and IV hereof.
The permit shall become effective June 2, 1997.
This permit and the authorization to discharge shall expire at midnight on May 31, 2001.
Signed this day June 2, 1997.
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
.V ly
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Mark A. Gervasoni
Little River Properties, Inc.
2214 Knight Place#1
Spring Lake, North Carolina 28390
Dear Mr. Gervasoni:
April 25, 1997
Subject:
r
ECEVED
MAY 0 5 1997
FAYETTEVILLE
REG. OFFICE
Permit Modification -Name and
Ownership Change
Little River Properties, Inc.
NPDES NO. NC0022489
(formely Dilton Mobile Home Park)
Cumberland County
,l
In accordance with your request received April 21, 1997;the Division is forwarding the
subject permit. The only changes in this permit regard name and ownership. All other terms and
conditions in the original permit remain unchanged and in full effect. This permit modification is
issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the LJ. S. Environmental Protection
Agency dated December 6, 1983. 1
This permit does not affect the legal requirement to obtain other permits which may be
required by the Division of Water Quality or permits required by the Division of Land Resources,
Coastal Area Mangement Act, or any other Federal or Local 'government permit that may be
required.
If you have any questions concerning this permit, please contact Ms. Jennifer Wolfe at
telephone number (919)733-5083, extension 538.
Sincerely,
•
A. Preston Howard, Jr., P.E.
1
cc: Central Files •
CEayetteville:RegionaEOffice, Water Quality Section
Permits and Engineering Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
•
Telephone 919r7331-7015 FAX 919-733-0719
50% recycled/II 0% post -consumer paper
I
.1
Permit No. NC0022489
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
II
In compliance with the provision 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, '
Little River Properties, Inc:
is hereby authorized, to discharge wastewater from a facility located at the
Laura Lea Mobile Home Park
'on Manchester Road
—northeast of Fort Bragg
Cumberland. County
to receivmg'waters designated as the Little. River in the. CapeFear. River Basin=;
in' accordance` with effluent limitations; monitoring requirements; and other conditionsset-forth in Parts I,
II, III, and IV hereof.
The permit shall become effective April 25, 1997.
This permit and the authorization to discharge shall expire at midnight 'on!May 31, 2001.
Signed this day April 25, 1997.
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. NC0022489
SUPPLEMENT TO PERMIT COVER SHEET
Little River Properties, Inc.
is hereby authorized to:
1. Continue to operate an existing extended aeration package wastewater treatment system with
post chlorination located at Little River Properties, Inc., on Manchester Road, northeast of Fort
Bragg, Cumberland County ( See Part III of this Permit), and
2. Discharge from said treatment works at the location specified On the attached map into Little
River which is classified Class C waters in the Cape. Fear Basin.
ROAD CLASSIFICATION
PRIMARY HIGHWAY
HARD SURFACE
SECONDARY HIGHWAY
HARD SURFACE
LIGHT -DUTY ROAD, HARD OR
IMPROVED SURFACE
UNIMPROVED ROAD = = =
Latitude 35°10'54" Longitude 79°01'22"
Map # G22NE Sub -basin 030614
Stream Class C
Discharge Class 100% Industrial
Receiving Stream Little River
Design Q 0.015 MGD Permit expires 05/31/01
SCALE1 1:24 000
0 , 1 MILE
0 7000 FEET
1 0 1 KILOMETER
CONTOUR INTERVAL 10 FEET
Little River Properties,Inc.
NC00222489
Cumberland County
A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0022489
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Measurement Sample. *Sample
Monthly Avg, Weekly AY% Daily Max Frequency. Type Location.
Flow 0..015 MGD Weekly Instantaneous I or E
BOD,_5 day, 20°C 30.0 mg/I 45.0 mg/l Weekly Grab E
Total Suspended Residue 30.0 m g /I -45.0 m g / I Weekly Grab . E
NH3 as N 2/Month Grab E
Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml Weekly Grab E
Total Residual Chlorine Weekly Grab
Temperature Weekly Grab
*Sample locations: E - Effluent, I --Influent
The pH shall not be less than 6.0standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts. -
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 3,1996
Mr. Tim Newton
Dilton Park, Inc.
P.O. Box 53365
Fayetteville, North Carolina 28305
Subject:
Dear Mr. Newton:
NPDES Permit Issuance
Permit No. NC0022489
Dilton Mobile Home Park
Cumberland County -
In accordance with the application for a discharge permit received on October 23, 1995, the Division is
forwarding herewith the subject NPDES permit. This permit is issued puisuant to the requirements of North
Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US
Environmental Protection Agency dated December 6,1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable
to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following
receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer
27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and
binding.
. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed
in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area
Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Mack Wiggins at telephone number (919)
733-5083, extension 542.
cc Central Files
ayetteville Regional Office
Mr. Roosevelt Childress, EPA
Permits and Engineering Unit
Facility Assessment Unit
Sincerely,
Original Signed By
David A. Goodrich
A. Preston Howard, Jr., P.E.;
geliw 9 1993
ENV.
FAYETi EV!LLi Rt!mG. QV.FICE
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Permit No. NC0022489
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER'THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision 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,
Dilton Park, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Dilton Mobile Home Park
on Manchester Road
northeast of Fort Bragg
Cumberland County
N.�
�t
i398
ENV, liNA mod; i;1'. lT
to receiving waters designated as the Little River in the Cape Fear River $psi ni EyjLLE ��E 0
it'irrfCE
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts
II, III, and IV hereof.
The permit shall become effective June 1, 1996
This permit and the authorization to discharge shall expire at midnight on May 31, 2001
Signed this day May 3, 1996
Original Signed By
David . GQodr,ich
A. Preston Howard, Jr., P.E.,1,Director
Division of Environmental Management
' By Authority of the Environmental Mangement Commission
Permit No. NC0022489
SUPPLEMENT TO PERMIT COVER SHEET
Dilton Park, Inc.
is hereby authorized to:
•
1. Continue to operate an existing extended aeration package wastewater treatment system with
post chlorination located at Dilton Mobile Home Park, on Manchester Road, northeast of Fort
Bragg, Cumberland County (See Part III of this Permit), and 11
2. Discharge from said treatment works at the location specified on the attached map into Little
River which is classified Class C waters in the Cape Fear River Basin.
- •
98
.�200
thleti
/Fields
A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL : Permit No. NC0022489
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge • Limitations Monitoring Requirements
Measurement Sample *Sample
Monthly Avg, Weekly Avg, Daily Max Frequency Tyg1 Location
Flow - 0.015 MGD - Weekly Instantaneous I or E
BOD,_5 day, 20°C ;- 30.0 mg/1 45.0 mg/I Weekly Grab E
Total Suspended Residue 30.0 mg/I 45.0 mg/I Weekly Grab E --
NH3 as N 2/Month Grab E
Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml Weekly Grab E
Total Residual Chlorine Weekly Grab E
Temperature Weekly Grab E.
*Sample locations:.E - Effluent, I- Influent
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
PART I
' Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3 . No later than 14 calendar days following a date identified in the above schedule of compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next schedule requirements.
Part II
Page 1of14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Environment, Health and
Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Actor "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33
USC 1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of, all daily discharges
sampled and/or measured during a calendar month on which daily discharges are sampled
and measured, divided by the number of daily discharges sampled and/or measured during
such month. It is therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by the number of days
the tests were reported. The limitation is identified as "Monthly Average" in Part I of the
permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled and/or
measured during such week. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the week and then dividing this sum by the
number of days the tests were reported. This limitation is identified as "Weekly Average"
in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during
a calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as "Daily
Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found
each day of the year and then dividing this sum by the number of days the tests were
reported. This limitation is defined as "Annual Average" in Part I of the permit.
•
Part II
Page 2 of 14'
6. Concentration Measurement
a: The "average monthly concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar month
on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such month (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average monthly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as Monthly Average" a under "Other Limits" in
Part I of the permit.
b: The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week (arithmetic mean of
the daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted by
flow value) of all' the samples collected during that calendar day; The average weekly count
for fecal coliform bacteria is the geometric mean of the counts for samples collected during
��
a calendar week. ,This limitation is identified as "Weekly Averageui "Other under " Limits" in
Part I of the permit.
c. The "maximum daily concentration" is the -concentration of a pollutant discharge during a
calendar 'day. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as
"Daily Maximum" under "Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal 'coliform bacteria; is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily
discharges sampled and/or measured duringsuch year (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected duringthat calendar day . The average yearly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar year. This limitation is identified as "Annual Average" under "Other Limits" in
Part'I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount.
of dissolved oxygen required to be available in the effluent prior to discharge averaged
over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the
sample is considered to be the "daily average concentration" for the discharge. It is
= identified as "daily, average" in the text of Part I.
f. ' The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January. through
March, April through June, July through September, and October through December.
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Page 3 of 14
7. Other Measurements
a. Flow; (MGD): The flow limit expressed in this permitis the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded
during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling,
when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility which
occurs continually without interruption throughout the operating hours of the facility. Flow
shall be monitored continually except for the infrequent times when there may be no flow
or for infrequent maintenance activities on the flow device:
8. Types of Samples
a. Composite Sample: A composite sample shall consist of:
(1) a. series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection, or .
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a presel number of gallons passing the
sampling point. Flow measurement between sample intervals shall be determined by
use of a flow recorder and totalizer, and the present gallon interval between sample
collection fixed at no greater than 1/24 of the expected total daily flow at the treatment
system, or .
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of
flow.
In accordance with (1) above, the time interval between -influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time
of greater than. 24 hours. In such cases, effluent grab samples may be collected at time
intervals evenly spaced over the 24 hour period which are equal in number of hours to the
detention time of the system in number of days. However, in no case may the time interval
between effluent grab samples be greater than six (6) hours nor the number of samples less
than four (4) during a 24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving, waters.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of
the individual values where N is equal to the number of individual values. The geometric
mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual
values. For purposes of calculating the geometric mean, values of zero (0) shall be
• considered to be one (1).
10. Calendar Day
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Page 4.of 14
c. Weighted by Flow Value: Weighted by flow value. means the summation of each
concentration times its respective flow divided by the summation of the respective flows.
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that reasonably
represents the calendar day may be used for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CNR Part 116 pursuant to
Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) ;of the Clean Water Act.
i
SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the 'Clean Water Act within the
time provided in the regulations that establish these standards for prohibitions or standards
for sewage sludge use or disposal, even if the permit has{ not yet been modified to
incorporate the requirement.
b. The Clean Water Act provides that any person who violates a p'ernut condition is subject to
a civil penalty not to exceed $25,000 per- day for each violation. Any person who
negligently violates any permit condition is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal penalties of $5,000
to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,
any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to!exceed $125,000. [Ref:
Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CPR 12141 (a)]
c. Understate law, a civil penalty of not more than ten thousand dollars ($10,000) per
violation may be assessed against any person who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes
§ 143-215.6A] - -
d. Any person maybe assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307,_ 308, 318, or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a permit issued Under section 402 of the
Act. Administrative penalties, for Class I violations are not to exceed $10,000 per violation,
with the maximum amount of any Class I penalty assessed ,not: to exceed $25,000.
PartII,
Page 5 of 14
Penalties for Class II violations are not to exceed $10,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not to
exceed $125,000.
2. Duty to Mitigate
The'permittee shall take all reasonable steps to minimize. or prevent any discharge or sludge use
or disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures"
(Part II, C-7), nothing in this permit shall be . construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-
215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, '33 USG 1321.
Furthermore, the permittee isresponsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or. personal -
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of -personal rights, nor any infringement of Federal, State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the application.
of such provision to other circumstances, and the remainder of this permit, shall not be affected
thereby.
8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists
for modifying, revoking and reissuing, or terminating this permit or to determine compliance
with this permit. The permittee shall also furnish ' to the -Permit Issuing Authority upon
request, copies of records required to be kept by this permit.
.,
Part II
Page 6 of 14
10. Fxpiration of Permit
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit, after the expiration date
of this permit, the permittee must apply for and obtain a new permit
The pernittee is not authorized to discharge after the expiration idate. In order to -receive
automatic authorization to discharge beyond the expiration date, the ,permittee shall submit such
information, forms, and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal at least
180 days prior to expiration, or any permittee that does not have arrmit after the expiration
and has not requested renewal at least 180 days prior to expiration, will subject the permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USG 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority .shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section,
a responsible corporate officer means: (a) a president, secretary, treasurer or vice
president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the corporation,
or (b) the manager of one or more manufacturing production or operating facilities
employing more than .250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or i
(3) For a municipality, State, Federal, 'or other public agency: 'by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person 'described above 'or lby a duly authorized.
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such; as the position of plant
manager, , operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named i position.); and
(3) The written authorization is submitted to the Permit Issuing Authority.
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Page 7 of 14
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification: .
"I certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true; accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for
knowing violations."
12. - Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
- request by the perinittee for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance does not stay any permit
• condition. •
13. Permit Modification. Revocation and Reissuance. or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed
by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts
122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and ,
North Carolina General Statute143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation -or discharge, are hereby revoked by issuance of this permit. [The
exclusive authority to operate this facility arises under this permit The authority to operate the
facility under previously issued permits bearing this number is no longer effective. ] The
conditions, requirements, terms, and provisions of this permit authorizing discharge under the
National Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator.
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities.
Such operator must hold a certification of the grade equivalent -to or greater than the
classification assigned to the wastewater treatment facilities by the Certification Commission.
The permittee must also employ a certified back-up operator of the appropriate type and any
grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility
must visit each Class I facility at least weekly and each Class II, HI, and IV facility at least
daily, excluding weekends and holidays, and must properly manage and document daily
operation and maintenance of the facility and must comply With all other conditions of Title
15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the
Certification Commission which designates the operator in responsible charge within thirty
days after the wastewater treatment facilities are 50% complete.
1
1
Part II
!Page 8 of 14
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also.
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or, similar system§ which are
installed by a permittee only when the operation is necessary to achieve compliance with the
conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
1
4. Bypassing of Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system, which is not a designed or established or
operating mode for the facility.
(2) "Severe property damage" means substantial physical damage;to,property,. damage to
the treatment: facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occurin the
absence of a bypass. Severe property damage does not mean economic loss Caused by
delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice I
(1) Anticipated bypass. If the permittee knows. in advance- of the need for a bypass, it
shall submit prior notice, if possible at least ten days before ;the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
1 1 I
(2) Unanticipated bypass. The permittee shall submit notice o an unanticipated bypass as
required in Part II, E. 6. of this permit. (24 hour notice).
d. Prohibition .of Bypass f j
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass, unless:
r I '
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B). There were no feasible alternatives to the bypass, such as 'the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
Part II: „
Page 9 of 14
periods of.equipment downtime. This condition is not satisfied if adequate backup
equipment should have been ,installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section..
5. Upsets
a. Definition.
"Upset " means an exceptional incidentin which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonablecontrol of the permittee. An upset does not include noncompliance.
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of- preventive maintenance, or careless or improper
operation.
b. -Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
such technology based permiteffluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final„
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who: wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
- (2) The permittee facility was at the time being properly -operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this
permit.
(4) The permittee complied with any remedial measures required under. Part II, B. 2. of this
permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset
has the burden of proof. .
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants- removed in the course of treatment or
control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in
a manner such as to prevent any pollutant from such materials from entering waters of the State
or navigable waters of. the United States. The permittee shall comply with all existing federal
Part II
Page 10 of 14
regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503,
any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40
CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standardsfor the
Use and Disposal of Sewage Sludge (when promulgated) 'within the time provided in the
regulation, even if the permit is not modified to incorporate the requirement. The permittee
shall notify the Permit Issuing Authority of any significant change inits sludge use or disposal
practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability,
to prevent the discharge of untreated or inadequately. treated wastes'during electrical power
failures either by means of alternate power sources, standby generators or retention of
inadequately treated effluent.
SECTION D. MONITORING AND RECORDS j
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall, be characteristic of the
volume and nature of the permitted discharge: Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. - All samples shall be taken at the monitoring points specified in
this permit and, unless otherwise specified, before.the effluent joins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month
and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2,-
3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day
following the completed reporting period
The first DMR is due on the last day of the month following the issuance<of the permit or in the
case of a new facility, on the last day of the month following the commencement of discharge.
Duplicate signed copies of these, and all other reports.required herein,'shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh; North Carolina 27626-0535
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3. Flow Measurements I
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of -
the volume of monitored discharges. The devices shall be installed, calibrated and maintained
to ensure that the accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows with a maximum
deviation of less than + 10% from the true discharge rates throughout the range of expected
Part II
Page 11 of 14
discharge volumes. Once -through condenser cooling water flow' which is monitored by pump
logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's
pump curves shall not be subject to,this requirement. .
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CPR 136; or in the case of sludge use or'
disposal, 'approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been. specified in this permit.
To meet the intent of the monitoring required by this permit,.all test procedures mustproduce
minimum detection and reporting levels that are below the permit discharge requirements and
all data generated must be reported down tothe minimum detection or lower reporting level of
the procedure. If no approved methods are determined capable of achieving minimum
detection and reporting levels below permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall; upon conviction, be punished by a fine of not more than $10,000 per violation, or
by imprisonment for not more than two years per violation, or by both. If a conviction of a
person is for a violation committed after a first conviction of such person under this paragraph, -
punishment is a fine of not more than-$20,000 per day of violation, .or by imprisonment of not
more than 4 years, or both. '
6. Records Retention
Except for records of monitoring information required by this permit related to the.penmittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee 'shall retain records of all
monitoring information, including all calibration and maintenance records and all original strip
chart recordings for continuous monitoring instrumentation, copies of all reports required by
this permit, for a period of - at least 3 years from the date of the sample, measurement, report
or application. This period may be extended by request of ihe Director at any time.
7. Recording. Results
For each measurement or sample taken pursuant to the requirements of this permit, the
penmittee shall record the following information:. .
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses; '
e. The analytical techniques or methods used; and . .
f. The results of such analyses. ' ,
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8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting, as a representative of the Director), upon the presentation of credentials and
other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
I
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit and
•
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized.shall constitute a violation of the permit..
2. Planned Changes
The permittee shall give notice to the Director as soonas possible of any planned physical
alterations or additions to the permitted facility. Notice is required onlywhen:
a. The alteration or addition to a permitted facility may meet one of the' criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b);.or
b. The alteration or addition could significantly change the nature' or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42
(a) (1).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit, including
notification of additional use or disposal sites not reported during the permit application
process or not reported pursuant to an approved land application; plan.
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3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
Part if" <�
Page 13 of 14
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director
may require modification or revocation and reissuance of the permittee and incorporate such
other requirements as may be necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.
D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of
sludge use or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using,
test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or
disposal, approved under 40 CFR 503, or as specified in this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any - ,.
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware -of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a -
description of the noncompliance, and its cause; the period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected,the anticipated time
it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph: .
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit. .
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours. -
c. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24 hours.
7. Other Noncompliance - - The permittee shall report all instances of noncompliance not reported under Part II: E. 5 and 6.
of this permit at the time monitoring reports are submitted. The reports shall contain the
information listed in Part II. E. 6. of this permit. -
K
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until
Final Plans and Specifications have been submitted to the Division of Environmental
Management and written approval and Authorization to Construct !ha i been issued.
I
i -
The permittee shall, upon written notice from. the Director of the' Division of Environmental
Management, conduct groundwater monitoring as may, be required to determine the
compliance -of this NPDES permitted facility with the current groundwater standards.
B. Groundwater Monitoring
C. Changes in Discharges of Toxic Substances
The permittee shall- notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a.That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following. "notification levels";
(1) One hundred micrograms per liter (100 ug/1);
(2)Twohundred micrograms per liter (200 ug/1) ,for. acrolein and acrylonitrile; five
hundred micrograms per liter (500 ug/1) for 2.4-dinitropleng1 and for 2-methyl-4.6-
dinitrophenol; and one milligram per liter (1 mg/1) for antimony;
(3) Five (5) times the maximum, concentration value reported for that pollutant in the
permit application. - - •
b. That any activity has occurred or will occur which would result in any discharge, on a
non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels"; -
(1) Five hundred micrograms per liter (500 ug/1); I i
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the
permit application.
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D. Requirement to Continually Evaluate Alternatives to Wastewater) Discharges
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the
. most environmentally sound alternative of the reasonably cost effective alternatives. If. the
facility is in substantial non-compliance with the terms and conditions of the NPDES permit
or governing rules, regulations or laws, the permittee shall submit a report in such form and
detail as required by the Division evaluating these alternatives land a plan of action within
sixty (60) .days of notification by the Division. .
Part II
Page 14 of 14
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next.
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at " the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester; the known passage of a slug of hazardous
substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form
"within 5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management. As
required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes- any false 'statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
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PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance monitoring fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit.