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HomeMy WebLinkAboutNCG550013_Owner (Name Change)_20220729ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director John K. White, Jr. Mountain Home Arts Development LLC P.O. Box 1283 Arden, NC 28704-1283 Dear Permittee: NORTH CAROLINA Environmental Quality July 29, 2022 Subject: General Permit NCG550000 Certificate of Coverage (CoC) NCG550013 4800-4806 Asheville Hwy Henderson County The Division has approved your request to transfer coverage under the subject General Permit. Accordingly, the Division hereby issues you a revised version of NCG550013, along with a copy of NCG550000. Discard any earlier versions of the permit and use this version until further notice. This CoC is issued pursuant to the requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated October 15, 2007 [or as subsequently amended]. PLEASE NOTE: Your facility discharges to a class C waterbody. Therefore, you will use the limits and monitoring frequencies found in Part I, section C. (1.) of NCG550000. If any parts, measurement frequencies or sampling requirements contained in this General Permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, the certificate of coverage shall be final and binding. This CoC is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the CoC. Contact the Asheville Regional Office prior to any sale or transfer of the permitted facility. Regional Office staff will assist you in documenting the transfer of this CoC. This permit does not affect the legal requirements to obtain any other State, Federal, or Local governmental permit that may be required. If you have any questions concerning the requirements of the General Permit, please contact Derek Denard of the NPDES staff [derek.denard@ncdenr.gov]. cc: NPDES file Sincerely, for Richard E. Rogers, Jr. Director, Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES GENERAL PERMIT NCG550000 CERTIFICATE OF COVERAGE NCG550013 DISCHARGE OF DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND OTHER 100% DOMESTIC DISCHARGES WITH SIMILAR CHARACTERISTICS 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, Mountain Home Arts Development LLC is hereby authorized to discharge <1000 gallons per day of domestic wastewater from a facility located at 4800-4806 Asheville Hwy Hendersonville Henderson County to receiving waters designated as an unnamed tributary to Mud Creek, currently a class C stream in subbasin 04-03-02 of the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This certificate of coverage takes effect 7/29/2022. This Certificate of Coverage shall remain valid for the duration of the General Permit. Signed this day 7/29/2022 for Richard E. Rogers, Jr. Director, Division of Water Resources By Authority of the Environmental Management Commission NORTH CAROLINA Environmental Quality NC DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NPDES PERMITTING PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NCOO or NCGS_5J_0J_0J_1J_3_ 1. Facility Name: 4800-4806 Asheville Hwy II. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: _X_a. Change in ownership of property/company b. Name change only c. Other (please explain): 2. New owner's name (name to be put on permit): Mountain Home Arts Development LLC 3. New owner's or signing official's name and title: John K. White, Jr. (Person legally responsible for permit) Manager (Title) 4. Mailing address: PO Box 1283 City: Arden State: NC Zip Code: 28704 Phone: (828)-490-4027 E-mail address: iohn.white@ikwhitelaw.com III. FACILITY AND DISCHARGE INFORMATION 1. Will the waste stream for the facility remain the same as under the previous owner? Yes X No ❑ 2. Will the treatment system and discharge location remain the same? Yes X No ❑ "No Responses" If either or both of these questions are answered "No" then more information will be needed to review the request. Please attach documentation to describe and explain the changes to the facility activities, waste GDE Ueuartmenl al Cn.nnnnanlal Ou.lity North Carolina Department of Environmental Quality I Division of Water Quality 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 NPDES Name and Ownership Change Page 2 of 2 stream, treatment process or outfall location. The Division may not be able to process the Permit Name/Ownership Change request and may require that the new owner file a new permit application. THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) 3. Information to document facility, waste stream, treatment system or outfall changes as noted in item III above (if appropriate) Applicant's Certification: I, John K. White, Jr. , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I understand that Permit Name/Ownership Change can only take place through action taken by the Division of Water Resources and that no actions on my part or the part of my company result in the automatic transfer of permit coverage. Date: 7/29/2022 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 07/2021 BK 3943 PG 389 - 391 (3) DOC# 983901 This Document eRecorded: 07/27/2022 05:00:52 PM Fee: $26.00 Henderson County, North Carolina William Lee King, Register of Deeds PREPARED BY: EDWARD L. HARRELSON, ATTORNEY AT LAW RETURN TO: BARNWELL AND LONG, PLLC 2000 HENDERSONVILLE ROAD, STE A ASHEVILLE, NC 28803 Stamps: $1,100.00 Tax Parcel No.: 10004045 (NO TITLE EXAMINATION PERFORMED BY PREPARER) This instrument was prepared by Edward L. Harrelson, a North Carolina licensed attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF HENDERSON THIS DEED, made this the day of July, 2022, by and between: 4800 ASHEVILLE HWY LLC, a North Carolina limited liability company, hereinafter called Grantor, whose address is: 46 Lakeview Road, Asheville, North Carolina 28804, and MOUNTAIN HOME ARTS DEVELOPMENT LLC, a North Carolina limited liability company, hereinafter called Grantee, whose address is: Post Office Box 1283, Arden, North Carolina 28704. WITNESSETH: WHEREAS, the property herein granted was acquired by 4800 ASHEVILLE HWY LLC, a North Carolina limited liability company by deed from GENE A. WILKIE and wife, CATHY R. WILKIE dated March 7, 2019 and recorded at Deed Book 3306 at Page 653 of the Henderson County Registry; and WHEREAS, the Grantor has not utilized the property as its primary residence; and WHEREAS, the Grantor now desires to sell and convey the herein described property; Submitted electronically by "Barnwell & Long, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Henderson County Register of Deeds. BK 3943 PG 389 - 391 (3) DOC# 983901 NOW, THEREFORE, Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to him paid by Grantee, receipt of which is hereby acknowledged, does give, grant, bargain, sell and convey unto Grantee, their heirs and assigns, in fee simple, the following described property located in Hendersonville Township, Henderson County, North Carolina: See the attached Exhibit A, incorporated herein by reference as if set out in full for a complete legal description. TO HAVE AND TO HOLD the above described premises, with all privileges and appurtenances thereunto appertaining unto Grantee, their heirs and/or successors and assigns, in fee simple. Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions herein stated. Subject to restrictions, easements, rights of way of record and for ad valorem taxes for the current year. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal, the day and year first above written. 4800 ASHEVILLE HWY LLC JAMES LUTHER OLIVER Its: Managing Member STATE OF NORTH CAROLINA COUNTY OF HENDERSON I, the undersigned Notary Public of the County and State aforesaid, certify that JAMES LUTHER OLIVER personally came before me this day and acknowledged that he is the Managing Member of 4800 ASHEVILLE HWY LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and official seal this the C day of Notary Public My commission expires: My commission expires: January 17, 2025. LEdward L Harrelson NOTARY PUBLIC Polk County, NC BK 3943 PG 389 - 391 (3) DOC# 983901 EXHIBIT A: PROPERTY of MOUNTAIN HOME ARTS DEVELOPMENT LLC A NORTH CAROLINA LIMITED LIABILITY COMPANY BEING all of Tract 3B, containing 0.57 acre tract, more or less, as shown on survey entitled "Survey for Gene A. Wilkie and wife, Cathy R. Wilkie" prepared by Gary L. Corn, Inc. professional land Surveyor, dated January 11, 2011 and revised on January 20, 2011 and February 19, 2014 and February 27, 2014 and December 22, 2018, and being Job No. 10-035-F, said plat being recorded at Plat Book 2018, at Page 11650 in the office of the Henderson County, North Carolina, Register of Deeds, reference to which is hereby made for a more complete description. TOGETHER WITH subject to that Septic Easement recorded in Book 3942, Page 318, Henderson County Registry. TOGETHER WITH and SUBJECT TO easements, rights of way and all other such matters as shown on the above -referenced plat and further of record in the Henderson County Registry. AND BEING that same property described in that deed from Gene A. Wilkie and wife, Cathy R. Wilkie to 4800 Asheville Hwy, LLC, a North Carolina Limited Liability Company dated March 7, 2019 in Deed Book 3306, at Page 653, Henderson County Registry. Said property is further identified by address: 4800 Asheville Hwy Hendersonville, NC 28791 Tax Parcel: 10004045