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HomeMy WebLinkAboutNC0089052_Owner Name Change_20110919Ar-- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary September 19, 2011 Mr. Alec H. Chaplin, Jr Manager Zooland Family Campground, LLC of South Carolina P.O. Box 12187 Columbia, South Carolina 29211 Subject: Ownership Change ofNPDES Permit NCO089052 Zooland Family Campground Asheboro, Randolph County Class II Facility Dear Mr. Chaplin: Division personnel have reviewed and approved your application for change in ownership of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). There are no changes in this final permit from the previous permit issued, except for the name of the owner 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 (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64951 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity i Affirmative Action Employer Nne orthCarolina ;vatulotdy aI Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the 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 Jim McKay at telephone number (919) 807-6404. Sincerely, 1 Coleen H. Sullins cc: Winston-Salem Regional Office/ Attn: Mike Mickey - with fact sheet NPDES File Central Files Technical Assistance & Certification Unit Attn: Mr. Steve Reid - via. email with fact sheet Diehl & Phillips, P.A. Consulting Engineers/ 219E Chatham Street Cary, NC 27511/ Attn: Mr. John Phillips P.E. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64951 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity i Affirmative Action Employer One NorthCarolina Naturally A. Y • t� � j Permit NCO089052 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, Zooland Family Campground, LLC of South Carolina is hereby authorized to discharge wastewater from a facility located at the Zooland Family Campground WWTP 3671 Pisgah Covered Bridge Road Asheboro Randolph County to receiving waters designated as Little River in the Yadkin River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III and IV hereof. This permit shall become effective October 1, 2011. This permit and authorization to discharge shall expire at midnight on June 30, 2014. Signed this day September 19, 2011. r leen H. Sullins, Director Division of Water Quality (� By Authority of the Environmental Management Commission Permit NCO089052 SUPPLEMENT TO PERMIT COVER SHEET Zooland Family Campground, LLC of South Carolina is hereby authorized to: 1. After obtaining an Authorization to construct from the Division, to construct, and after submittal of an Engineer's Certificate to: 2. Operate a 0.006 MGD wastewater treatment facility with the following components: 8,000 gallon septic tank influent receiving basin ♦ 3,000 gallon flow equalization tank ♦ Duplex submersible pumps ♦ 2800 gallon.Moving Bed Biofilm Reactor ♦ Duplex blower system ♦ Bioclere with integral clarifier ♦ 2,000 gallon filter feed tank ♦ Two tertiary sand filters ♦ Alkalinity feed system with one pump . ♦ Ultra -violet light disinfection system ♦ Effluent flow meter with recorder ♦ Backup generator and transfer switch 3. After obtaining an Authorization to construct from the Division, to construct, and after submittal of an Engineer's Certificate to: 4. Operate a 0.011 MGD wastewater treatment facility with the following components: ♦ 10,000 gallon septic tank influent receiving basin ♦ 3,000 gallon flow equalization tank interconnected to existing flow equalization tank ♦ Duplex submersible pumps ♦ 5000 gallon Moving Bed Biofilm Reactor ♦ Duplex blower system ♦ Bioclere with integral clarifier ♦ 2,000 gallon filter feed tank (existing) ♦ One additional tertiary sand filter ♦ Ultra -violet light disinfection system ♦ Effluent flow meter with recorder (existing) ♦ Backup generator and transfer switch (existing) This facility is located at the Zooland Family Campground WWTP on Pisgah ,Covered Bridge Road near Asheboro in Randolph County. 5. Discharge from said treatment works at the location specified on the attached map into Little River, classified C waters in the Yadkin River Basin. Permit NC0089052 . � ..-ate �. 1 4,.<�.✓��i� 1f .. � a ,'� �•:,J "' ��t '�F3 �i�Ga, %, '� � :�y„-""" •+� w /�: � 9 i ^� qr �� »� �i�""• "" � iia � �` a "V° � � 11 a MA i K t �. "'�* 7 r�y/` ����'�.; ,z �p`f1.o..•�U"'v � "+wu �.M. ^ Sfr—� ''� � � it �� t�` �� � , ,• .r���.d Out i u 001 d�y<��Yi ,. �� f �"�+"�' {+i�t.`�..,,,� i tl'�� f�r .. `�.�f„ � � �����y '�rr-'1✓�'� !l 5��:1(�J�f � � �A `s t,F° `3` •f� � � � � ,/l //�i} � � y���� � • ¢/fes �tj} i 4 <�. +�9t� ��� x. -i:`}}, ;r>°< 5 yX" •"'l. Ya! V a �b S SCS d K NO, 'if } @ yI � tt 'r s��ll�. ,�.��::11d# , *. '1� �-. �� 9.��+' /qtr ��•�� .\ ZOOLAND FAI%ULY CA AGROUND Facility Location b $ggyw LitleFi"r M Manse iadra Yadkin not b scok LAtkudw 35 36'05-H 79'S0'S8"W M -D 03-07-15 1' : 0.006 MGD a 0017 MGD NPDESPNorth C Ptt� saac:;dfuscso� E195EISsapoti�Nc se..A.a.m c Randolph Count Permit NCO089052 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expansion above 0.006 MGD, or expiration, the Permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT`=q'k sY- y tfk'- IIMITS °:_�`wMONITORINGREQUIREMENTS"$ r `9r�,'k-a �{"':,¢ x�2 t;'< 3k sY a CHARACTERISTICS r x, ,vfi r A^.r r '#l" , " 1VIonthly tDatly tXa- Measurement Sam lei p 'r SampleLocatton v. <; vera e�3,?Maximum A111 r„ 3 e tFre uenc , _..'.Z . .e .,. , . pct.' Flow 0.006 MGD Continuous Recording Influent or Effluent BOD, 5 -day (20°C) 5.0 mg/L 7.5 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent as N (A (April 1 -October 31 0.5 mg/L 2.5 mg/L 2/ Month Composite Effluent as N (No (November 1 -March 31 0.5 mg/L 7.15 mg/L 2/ Month Composite Effluent The daily average dissolved oxygen effluent Dissolved Oxygen concentration shall not be Weekly Grab Effluent, less than 6.0 mg/L. Upstream &Downstream Fecal Coliform (geometric mean 200/100m]. 400 / 100 ml Weekly Grab Effluent Temperature (°C) Effluent, Weekly Grab & Downstream The pH shall not be less than -Upstream 6.0J SU nor greater than 9.0 pH Weekly Grab Effluent Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = at NCSR 1127. There shall be no discharge of floating solids or foam visible in other than trace amounts. a Permit NCO089052 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the submittal of an Engineer's Certificate and lasting until expiration, the Permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT"_` £,r LIMITS'k MONITOR NGREQUIItEMENTS ,-,cHARACTERISTICS' f _.� :�v k 23'_'. t 5 t .:i SF"7H x 3x w W ``Monthl t tDail` Meurment t as e s; a Sam le '^Location dl. f &f k� 3 S '' .�.a �... 2 �X^✓r .n-n'�`t < Fre Le yy 5 t ianmum, .� u-,e-.nc Flow 0.017 MGD Continuous Recording Influent or Effluent BOD, 5 -day (20°C) 5.0 mg/L 7.5 mg/L Weekly, Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 0.5 mg/L 2.5 mg/L 2/ Month Composite Effluent (April 1 — October 31 NH3 as N 0.5 mg/L 7.15 mg/L 2/ Month Composite Effluent November 1 — March 31 The daily average dissolved oxygen effluent Effluent, Dissolved Oxygen concentration shall not be Weekly Grab Upstream & Downstream less than 6.0 mg/L. Fecal Coliform 200 / 100 ml 400/100m] Weekly Grab Effluent (geometric mean) Temperature (°C) Effluent, Weekly Grab Upstream & Downstream The pH shall not be less than 6.0 SU nor greater than 9.0 pH Weekly Grab Effluent Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = at NCSR 1127. There shall be no discharge of floating solids or foam visible in other than trace amounts. DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO089052 SUMMARY Zooland Family Campground is a small campground located near the Uwharrie National Forest outside of Asheboro, NC. Currently there is no permitted wastewater treatment facility at the site. A permit was issued for a package treatment plant in 1973, but it was never built and the permit was not renewed. In September, 2010 the Winston-Salem Regional Office noticed a flow of black septic liquid in a ditch leading to the Little River. Apparently a septic tank had been installed by a previous owner with no permit from DENR or the local health department. A NOV was issued for the unpermitted treatment system, and the campground ceased operation while a treatment plant was designed and a permit to discharge was applied for. The applicant has applied for a Pump and Haul permit to allow the campground to operate in the interim. The treatment plant will be located at 3671 Pisgah Covered Bridge Road in Asheboro, North Carolina, in Randolph County. The design capacity of the treatment system is 0.017 MGD. The facility will have one outfall, which will discharge to Little River, classified Class C waters in the Yadkin River Basin. Little River is not listed as impaired on the 2010 303d list. NPDES discharge permit NCO089052 was issued to the Receiver on June 29, 2011, effective August 1, 2011. The Receiver then sold the campground to the Chaplin Company of South Carolina. The Chaplin Company owns and operates one other campground, the Barnyard RV Park in Lexington, SC, and 5 flea markets in South Carolina and North Carolina. The Chaplin Company is operating the Zooland Family Campground under the registered name of The Zooland Family Campground, LLC of South Carolina. Our rule T15A NCAC 02H.0105(c)(7) requires: "a statement to demonstrate financial qualification and substantial previous compliance with federal and state laws, regulations, and rules for the protection of the environment as required by G. S. 143 -215. 1 (b)(4)(b). " This must be provided by the purchaser at the time of filing for ownership change. Chapman Company submitted a response to this requirement on September 6, 2011, which supplied financial and Fact Sheet NPDES Renewal NCO089052 Pace l Facility Information Applicant/Facility Name: Zooland Family Campground, LLC of South Carolina / Zooland Family Campground WWTP Applicant Address: P.O. Box 12187, Columbia, South Carolina 29211 Facility Address: 3671 Pisgah Covered Bridge Road, Asheboro, NC Permitted Flow 0.006 MGD, expandable to 0.017 MGD 'Type of Waste: Domestic Facility/Permit Status: Class IU New County: Randolph County Miscellaneous Receiving Stream: Little River/ Yadkin River Basin Regional Office- Winston-Salem Stream Classification: C USGS To o Quad: E19SE/ Seagrove NC 303(d) Listed?: Not on 2010 list Permit Writer:, -' Jim McKay Subbasin: 03-04-15 Date: September 19, 2011 Drainage Area mit : 14.74 mi2 Summer 7Q 10 cfs 0.03 Winter 7Q10 (cfs): 0.5 30Q2 (cfs): 1 IWC (%): 46.76S Primary SIC Code: 4952 SUMMARY Zooland Family Campground is a small campground located near the Uwharrie National Forest outside of Asheboro, NC. Currently there is no permitted wastewater treatment facility at the site. A permit was issued for a package treatment plant in 1973, but it was never built and the permit was not renewed. In September, 2010 the Winston-Salem Regional Office noticed a flow of black septic liquid in a ditch leading to the Little River. Apparently a septic tank had been installed by a previous owner with no permit from DENR or the local health department. A NOV was issued for the unpermitted treatment system, and the campground ceased operation while a treatment plant was designed and a permit to discharge was applied for. The applicant has applied for a Pump and Haul permit to allow the campground to operate in the interim. The treatment plant will be located at 3671 Pisgah Covered Bridge Road in Asheboro, North Carolina, in Randolph County. The design capacity of the treatment system is 0.017 MGD. The facility will have one outfall, which will discharge to Little River, classified Class C waters in the Yadkin River Basin. Little River is not listed as impaired on the 2010 303d list. NPDES discharge permit NCO089052 was issued to the Receiver on June 29, 2011, effective August 1, 2011. The Receiver then sold the campground to the Chaplin Company of South Carolina. The Chaplin Company owns and operates one other campground, the Barnyard RV Park in Lexington, SC, and 5 flea markets in South Carolina and North Carolina. The Chaplin Company is operating the Zooland Family Campground under the registered name of The Zooland Family Campground, LLC of South Carolina. Our rule T15A NCAC 02H.0105(c)(7) requires: "a statement to demonstrate financial qualification and substantial previous compliance with federal and state laws, regulations, and rules for the protection of the environment as required by G. S. 143 -215. 1 (b)(4)(b). " This must be provided by the purchaser at the time of filing for ownership change. Chapman Company submitted a response to this requirement on September 6, 2011, which supplied financial and Fact Sheet NPDES Renewal NCO089052 Pace l environmental ethics information. A telephone call to one of the bankers listed as personal references, Mr. Al Barnett of TD Bank in Columbia confirmed that the company was well financed and well run. Mr. Barnett has had a personal banking relationship with the Chapmans. for over 15 years. In addition, Ms. Sara E. Nienow, an economist in the DENR Budget Office has checked the company through the Secretary of State offices in North Carolina and South Carolina. The company is in good standing in both states. Based on all the data, we accepted the validity of the Chapman Company's acquisition of the campground and its' NPDES discharge permit. Little River at the discharge point has a Summer 7Q10 flow of 0.03 MGD. Since the 7Q10 flow is less than 0.05, Little River is considered a Zero Flow stream. Since the 30Q2 is 1, the 15 NCAC 02B .0206 (d) (1) rule allows the discharge permit to be issued. A Level B model was run for a 2 mile stretch of river to verify that the stipulated 5 mg/ L BOD and 2 mg/ L ammonia - nitrogen was protective of the instream DO standard of 5 mg/ L. Based on comments received from the Division of Inland Fisheries, the ammonia limits were reduced to 0.5 mg/ L Summer and Winter in order to protect endangered and threatened mussels; UV radiation will be used for disinfection instead of chlorine. The system will be built in two stages. The first stage with 6,000 gallons per day capacity will consist of: ♦ 8,000 gallon septic tank influent receiving basin ♦ 3,000 gallon flow equalization tank ♦ Duplex submersible pumps ♦ 2800 gallon Moving Bed Biofilm Reactor ♦ Duplex blower system ♦ Bioclere with integral clarifier ♦ 2,000 gallon filter feed tank ♦ Two tertiary sand filters ♦ Alkalinity feed system with one pump ♦ Ultra -violet light disinfection system ♦ Effluent flow meter with recorder ♦ Backup generator and transfer switch The second stage, with an additional capacity of 11,000 gallons per day will consist of: ♦ 10,000 gallon septic tank influent receiving basin ♦ 3,000 gallon flow equalization tank interconnected to existing flow equalization tank ♦ Duplex submersible pumps ♦ 5000 gallon Moving Bed Biofilm Reactor ♦ Duplex blower system ♦ Bioclere with integral clarifier ♦ 2,000 gallon filter feed tank (existing) ♦ One additional tertiary sand filter ♦ Ultra -violet light disinfection system ♦ Effluent flow meter with recorder (existing) ♦ Backup generator and transfer switch (existing) DMR Data Review This permit is for a proposed new WWTP. There is no DMR.data. TOXICITY TESTING Fact Sheet NPDES Renewal NCO089052 Page 2 Current Requirement: New permit. Recommended Requirement: None. INSTREAM MONITORING Instream monitoring will be required for temperature and dissolved oxygen. The Upstream sample point should be at least 100 feet upstream of the discharge point. The Downstream sample should be taken about 2 miles downstream at NCSR 1127. This location corresponds to the DO sag location predicted by a Level B WQ model. COMPLIANCE SUMMARY New permit. Reasonable Potential Analysis ( RPA) New permit. PROPOSED CHANGES . New permit. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: Name/ Ownership Change is a minor mod and no public notice. Permit Scheduled to Issue: September 19, 2011 STATE CONTACT If you have any questions on any of the above information or on the attached permit, please contact Jim McKay at (919) 807-6404. NAME: / /h DATE: NPDES SUPERVISOR NAME: DATE: REGIONAL OFFICE COMMENT Fact Sheet NPDES Renewal NCO089052 Page 3 DIEHL & PHILLIPS, P.A. CONSULTING ENGINEERS 219 East Chatham Street Cary, North Carolina 27511 Telephone (919) 467-9972 — Fax (919) 467-5327 TRANSMITTAL August 25, 2011 TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, NC 27699-1617 FROM: John F. Phillips, P.E. WILLIAM C. DIEHL, P.E. JOHN F. PHILLIPS, P.E. ALAN R. KEITH, P.E. RE: Permit Ownership Change Form NPDES Permit for Zooland Family Campground — Randolph County NCO089052 No. Of Description Remarks Copies Executed Surface Water Protection 1 Section Name/Ownership Change Form 1 Deed confirming the transfer of subject property AUG 29 Z011 Cc: Mr. Mike Mickey, WSRO Mr. Jim McKay, NPDES Permitting Unit Mr. Alec Chaplin D F W ATF `OAC pG Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources O -C' Coleen H. Sullins, Director Division of Water Quality I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C 0 0 1 8 1 9 1 0 5 2 N C G 5 II. Permit status prior to status change. i Revised 112009 a. Permit issued to (company name): Diversified Lending Group, a corporation in Receivership b. Person legally responsible for permit: David A Gill First MI Last Receiver Title Receivership'of Diversified Lending Group, Inc. c/o Mr. David A. Gill, 2029 Century Park East, 3rd Floor Permit Holder Mailing Address . Los Angeles CA 90067-294 City State Zip (310) 277-0077 (310) 277-5735 Phone Fax c. Facility name (discharge): Zooland Family Campground d. Facility address: 3671 Pisgah Covered Bridge Road Address Asheboro NC 27205 City State Zip e. Facility contact person: Larry Perry (336) 381-3422 First / MI /Last Phone Please provide the following for the requested change (revised permit). a. Request for change is a result of- ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): Zooland Familv Campground, LLC (reg, in SO c. Person legally responsible for permit: Alec H Chaplin, Jr. First MI Last QAUG 29 2011 r__3 d. Facility name (discharge): e. Facility address: f. Facility contact person: Title P.O. Box 12187 Permit Holder Mailing Address Cola SC 29211 City State Zip (803) 799-9683 alecjr@chaplin-co.com Phone E-mail Address Zooland Family Campground 3671 Pisgah Covered Bridge Road Address Asheboro NC 27205 City State Zip Gerald Facteau First MI Last ,PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 (336) 381-3422 Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: First MI Last Title Mailing Address City State Zip Phone E-mail Address V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ® This completed application is required for both name change and/or ownership change requests. ® Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, David A. Gill , 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 is not included, this application package will be returned as incomplete. . A� Signature Date APPLICANT CERTIFICATION I, Alec H. Chaplin, 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 is not included, this application package will be returned as incomplete. ; Sigpeure Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Revised 1/2009 FILED Krista M Lowe Register of Deeds Randolph Co,NC Reoordin Fee: $28.00 NC Real state Ex Tx:$450.00 20110721000123320 DEED Bk:RE2242 Pg:897 07/21/2011 01:36:46 PM 114 1 iE72-1000i�3��d..�••••" 1 Excise.Tax $450.00. Recording Time, Book and Page Tax Lot No....................................................Parcel identifier No. 7647751280......................................................... Verified by ........ .............................................. ....County on the .......... day of ............... by.............. ........................................... ...... ......................,............................... ail after recording to: GRANTEE ........... . ...................................................................:.................................. ................................................................................................................................................................ This instrument was prepared by MacNeill & Carlino, PLLC-4No Title Opinion Rendered Brief description for the Index NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this cj�day cf July, 2011; by and between GRANTOR GRANTEE DIVERSCF[Eb LENDING GROUP, INC., a California corporation, ZOOLAND FAMILY CAMPGROUND, LLC, a South Carolina by David A. Gill, Receiver for the estate of Diversified Lending limited liability company Group, Inc., in the matter Securities &Exchange Comm, v. 9 FILED Krista M Lowe Register of Deeds Randolph Co,NC Reoordin Fee: $28.00 NC Real state Ex Tx:$450.00 20110721000123320 DEED Bk:RE2242 Pg:897 07/21/2011 01:36:46 PM 114 1 iE72-1000i�3��d..�••••" 1 Excise.Tax $450.00. Recording Time, Book and Page Tax Lot No....................................................Parcel identifier No. 7647751280......................................................... Verified by ........ .............................................. ....County on the .......... day of ............... by.............. ........................................... ...... ......................,............................... ail after recording to: GRANTEE ........... . ...................................................................:.................................. ................................................................................................................................................................ This instrument was prepared by MacNeill & Carlino, PLLC-4No Title Opinion Rendered Brief description for the Index NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this cj�day cf July, 2011; by and between GRANTOR GRANTEE DIVERSCF[Eb LENDING GROUP, INC., a California corporation, ZOOLAND FAMILY CAMPGROUND, LLC, a South Carolina by David A. Gill, Receiver for the estate of Diversified Lending limited liability company Group, Inc., in the matter Securities &Exchange Comm, v. Diversified Lending Group, Inc., et al., case no. CV 09 -01533 -R -SS in the U.S. District Court, C.D. Calif. c/o David A. Gill, Receiver c/o Alec H. Chaplin, Sr. Danning, Gill, Diamond & Kollitz, LLP PO Box 12187 2029 Century Park East, Third Floor Columbia, SC 29211 Los Angeles CA 90067 The designation Grantor and Grantee as used herein shall include said parties, their heirs; successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.. II IIppI,►� i� �� � llmiltl RE2242 898 214 WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Randolph County, North Caroliria and more particularly described as follows; BEING all of that 33.718 acre parcel lying east of Pisgah Covered Bridge Road (S.R. # 1114) and being shown on a plat recorded in Map Book 84 at Page 2 of the Randolph County Public Registry. The above described property is not the primary residence of Grantor. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2152 at Page 1041 of the Randolph County Public Registry. A map showing the above described property is recorded in Map Book 84 at Page 2. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions; Ad valorem taxes for the current year, as well as all valid and enforceable easements, and restrictions appearing of record. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year fust above written. IiRE2242 899 314 gQI�O�i�y�g�pIIIIIIIRIIflI'III �i GRANTOR: Diversified Lending Group, Inc. By- David A. Gill, Receiver for th tate o Diversified Lending Group, Inc., in the matter Securities & Exchange Comm. v. Diversified Lending Group, Inc., et al., case no. CV 09 -01533 -R -SS in the U.S. District Court,.C.D. Calif. STATE OF CALIFORNIA ) COUNTY OF ) I certify that the following person(s) personally appeared before me this day, each a owledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in th pacity indicated: David A: Gill, as Receiver of Diversified Lending, Inc., a California corporation, as appointe by ted States District Court, Central District of California, a copy of said Order duly recorded in Book 2126 at Pag e Randolph County Public Registry. Date: Notary Public My co ton expires: (Official Seal) ��!1;9U91�VI�lVRIIIPIIIIIIIIIIIIIIIIRE2242 900 414 State of California ) CALIFORNIA ALL-PURPOSE County of Los Angeles' ) CERTIFICATE OF ACKNOWLEDGMENT On July 19, 2011 before me, Aracelli P. Ponta, Notary Public, (here insert name and title of the officer) personally appeared David A. Gill who proved to me on the basis of satisfactory evidence to be the personhose nameXis/Or subscribed to the within instrument and acknowledged to me that hefihsgthey executed the same in his authorized capacity,and that by hi ' ignatur�n the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY Of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand andofficialseal. ' 1 Signatur ,/� =4pCARACELL1NTA427WFOW"UNTY 29, 2015 (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is metnoa of :si ner wentnication attached to a document titled/for the purpose of Proved tome on the basis of satisfactory evidence: North Carolina Special Warranty'Deed, containing 3 o form(s) of identification pages, and dated Juiy 19, 20.11. O credible witness(es)I The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney-in-fact ❑ Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner- Ljmited/General ❑ Trustee(s) ❑ Other: representing: Name(s) of Person(s) or Entity(les) Signer is Representing [XP) 0705 Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additional Signers) ❑ Signer(s) Thumbprint (s) 0 L,,,,,4)A we" / CHAPLIN COMPANY September 6, 2011 Jim McKay NC DENR Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Zooland Family Campground Dear Mr. McKay: L_ SEP 8 2011 s - of ,:_ !ALITY Pol In June of 2011 my father and I purchased the Zooland Family Campground in Asheboro, NC. We purchased the property from David Gill the receiver of Diversified Lending Group. My father and I each have a 50% ownership of the property. As you are aware Zooland needs a new septic system. We have submitted the plans for the new system for your approval. I understand that your approval process requires a finding that the owner of the property 1) is financially capable and 2) does not have a history of environmental violations. The purpose of this letter is to address those two issues. We paid cash for the Zooland Family Campground. There is not a mortgage or any other type of lien on this property. The initial estimate of the new septic system is approximately $250,000. We plan to pay for the septic system and other improvenents through a lime of credit and/or cash flow from one of our operating businesses. We currently own and operate another campground (the Barnyard RV park) and five flea markets. Information about the flea markets can be found at www.baMyardfleamarkets.com. ' We also own several commercial properties that are 100% rented at the present time. We have cash on hand as well as good banking relations. Please feel free to contact one of our bankers. if you would like a personal reference Al Barnette with TD Bank at 1501 Main St. Cohunbia, SC 29201 can be reached at (803) 251 1835. Bruce Wrenn with BB&T at 1901 Assembly St. Columbia, SC 29201 can be reached at (803) 251-1776 or wwre,]! a bb&t.com . In regards to our environmental ethics, three of our businesses are currently on septic systems. Barnyard Flea Market in Lexington, SC has been operating on a septic system for over 20 years. We have never had a violation. In 2006 we installed a large septic system at the Barnyard Flea Market in Greer, SC. We worked with SC DHEC `s Spartanburg County division to complete the installation and it has functioned without any problems since completion. In 2009 we bought an existing flea market in Dallas, NC. Prior to the purchase of the Dallas flea market we established a relationship with the Gaston County Health Department. They made recommendations for improvements to the system and we made them. We have the type relationship that if a problem should arise with the septic system we will promptly take the necessary measures to fix it. Please feel free to contact Samantha Dye of the P.O. Box 12187 • Columbia, South Carolina 29211 • Telephone (803) 799-9683 • FAX (803) 799-8039 i CHAPLIN COMPANY Gaston County Health Department at (704) 853 5230 or samatha.dyenco.gastonnc.us . If you have any questions please feel free to contact me at (803)422-1159 or alec'ra,c�haplin-co.com iSiincerely, /, Alec Chaplin Jr. P.O. Box 12187 • Columbia, South Carolina 29211 • Telephone (803) 799-9683 • FAX (803) 799-8039 Mckay, James From: Nienow, Sara E Sent: Monday, September 12, 2011 2:45 PM To: Mckay, James Subject: Zooland Family Campground, LLC of SC Attachments: South Carolina Secretary of State Search Business Filings.htm; AUTH- ApplicationforCertificateofAuthority_C201116100315[1 ].pdf Hi Jim, I ran your company through at the Secretary of State offices in North Carolina and South Carolina. In each of these places, the company came out in good standing. That means that they don't have any unpaid taxes or fines at the state level. I have attached those documents for you. The company just founded their NC branch in June so there isn't much information there yet. In addition, I checked with EPA's ECHO database and didn't find any violations. I have a call into the Attorney General's Office and will let you know what I hear back from them. Sara Sara Nienow, CCR Economist Division of Budget, Planning, and Analysis Department of Environment and Natural Resources 919.715.4871 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. South Carolina Secretary of State: Search Business Filings Page 1 of 3 ❑ Driving Directions Site Map Terms & Conditions CHAPLIN COMPANY, LLC %�'otc: This online database was last updated on 9,%1 k`2011 6:01., 1 i M. See our Disclaimer. DOMESTIC / FOREIGN: STATUS: STATE OF INCORPORATION / ORGANIZATION: REGISTERED AGENT INFORMATION REGISTERED AGENT NAME: ADDRESS: CITY: STATE: ZIP: SECOND ADDRESS: Domestic Good Standing SOUTH CAROLINA Profit ALEC H. CHAPLIN 1401 MAIN STREET COLUMBIA SC 29201 STE 1115 file://C:\Documents and Settings\James McKay\Local Settings\Temporary Internet Files\... 9/13/2011 South Carolina Secretary of State: Search Business Filings Page 2 of 3 FILE DATE: 06/24/2009 EFFECTIVE DATE: 06/24/2009 DISSOLVED DATE: Corporation History Records CODE FILE DATE COMMENT Document Domestic LLC 06/24/2009 AT WILL Disclaimer: The South Carolina Secretary of State's Business Filings database is provided as a convenience to our customers to research information on business entities filed with our office. Updates are uploaded every 48 hours. Users are advised that the Secretary of State, the State of South Carolina or any agency, officer or employee of the State of South Carolina does not guarantee the accuracy, reliability or timeliness of such information, as it is the responsibility of the business entity to inform the Secretary of State of any updated information. While every effort is made to insure the reliability of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from this database does so at his own risk. Site Search ❑ Enter a keyword to search. Featured Links s Corporation Search 'x UCC Charity Search Notary Search ';. BoardsCommissions "€ UCCOnline.gif X"", Charities ;X, Notary X, Counterfeit `! Transparency In Govt Spending ;, SC.Gov N file: //C: \Documents and Settings\James_McKay\Local Settings\Temporary Internet Files\... 9/13/2011 South Carolina Secretary of State: Search Business Filings X, SC Business One I X� Address: Edgar Brown BUildino, - 1205 Pendleton Street Suite 525 Columbia, SC 29201 "!.Ilail,Fi-,,�,�,-,,",J,dli-ess: SC Secretary of State's Office 1205 Pendleton Street Suite 525 Columbia, SC 29201 Page 3 of 3 file: //C: Tocuments and Settings\James—McKay\Local Settings\Temporary Internet Files\... 9/13/2011 State of North Carolina Department of the Secretary of State SOSID: 1207979 Date Filed: 6/13/20119:53:00 AM Elaine F. Marshall North Carolina Secretary of State C201116100315 APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to §57C-7-04 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the limited liability company is Zooland Family Campground, LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is Zooland Family Campground, LLC of South Carolina 2. The state or country under whose laws the limited liability company was formed is: South Carolina 3. The date of formation was dune ! , 2011 ; its period of duration is: At Will 4. Principal office information: (Select either a or b.) a. 0 The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 1401 Main City, State, Zip Code Columbiz Suite 1115 County-Sichland The mailing address, if different from the street address, of the principal office of the corporation is: b. ❑ The limited liability company does not have a principal office. 5. The street address and county of the registered office in the State of North Carolina is: Number and Street 150 Fayetteville Street, Box 1011 City, State, Zip code Raleigh, North Carolina 27601 County Wake 6. The mailing address, if different from the street address, of the registered office in the State of North Carolina is: 7. The name of the registered agent in the State of North Carolina is: CT Corporation System CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form L-09) C201116100315 APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 8. The names, titles, and usual business addresses of the current managers of the limited liability company are: (use attachment if necessary) Name Alec H. Chaplin Alec H. Chaplin, Jr. Business Address 1401 Main Street, Suite 1115, Columbia, SC 29201 1401 Main Street, Suite 1115, Columbia, SC 29201 9. Attached is a certificate of existence (or document of similar import), duty authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months old. A photocopy of the certification cannot be accepted. 10. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. 11. This application will be effective upon filing, unless a delayed date and/or time is specified: This the Zdayof June 2011 Zooland Family Campground, LLC Name of Limited Liabili ompany lT •� SigGture of Anager Alec H. Chaplin, Jr. Notes: 1. Filing fee is $250. This document must be filed with the Secretaryof State. CORPORATIONS DIVISION P. O. BOX 29622 Type or Print Name RALEIGH, NC 27626-0622 (Revised January 2002) (Form L-09) C201116100315 RESOLUTION OF FOREIGN LIMITED LIABILITY COMPANY ADOPTING A FICTITIOUS NAME I, Alec H. Chaplin, Jr. , certify that I am a manager of Zooland Family Campground, LLC , a limited liability company organized under the laws of the state of South Carolina that the following is a true and correct copy of a resolution duly adopted by the manager(s) of the limited liability company on the � day of June -'20 11 (si nature) MANAGER Alec N. Chaplin, Jr. and RESOLVED, that the limited liability company adopts the name Zooland Family Campground, LLC of South Carolina under which it shall operate in North Carolina because its limited liability company name is not available for use in North Carolina, that Alec H. Chaplin , Jr. is authorized to certify a copy of this resolution and (Manager's Name) is directed to deliver the copy of the resolution to the Secretary of State of North Carolina for filing. October 1999 (Form L-18) CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27603-5909 C201116100315 The State of South Carolina Office of Secretary of State Mark Hammond Certificate of Existence I, Mark Hammond, Secretary of State of South Carolina Hereby certify that: ZOOLAND FAMILY CAMPGROUND, LLC, A Limited Liability Company duly organized under the laws of the State of South Carolina on June 9th, 2011, with a duration that is at will, has as of this date filed all reports due this office, paid all fees, taxes and penalties owed to the Secretary of State, that the Secretary of State has not mailed notice to the company that it is subject to being dissolved by administrative action pursuant to section 33-44-809 of the South Carolina Code, and that the company has not filed articles of termination as of the date hereof. Given under my Hand and the Great Seal of the State of South Carolina this 9th day of June, 2011. op Mark Hammon , Secretary of State DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO089052 SUMMARY Zooland Family Campground is a small campground located near the Uwharrie National Forest outside of Asheboro, NC. Currently there is no permitted wastewater treatment facility at the site. A permit was issued for a package treatment plant in 1973, but it was never built and the permit was not renewed. In September, 2010 the Winston-Salem Regional Office noticed a flow of black septic liquid in a ditch leading to the Little River. Apparently a septic tank had been installed by a previous owner with no permit from DENR or the local health department. A NOV was issued for the unpermitted treatment system, and the campground ceased operation while a treatment plant was designed and a permit to discharge was applied for. The applicant has applied for a Pump and Haul permit to allow the campground to operate in the interim. The treatment plant will be located at 3671 Pisgah Covered Bridge Road in Asheboro, North Carolina, in Randolph County. The design capacity of the treatment system is 0.017 MGD. The facility will have one outfall, _which will discharge to Little River, classified Class C waters in the Yadkin River Basin. Little River is not listed as impaired on the 2010 303d list. NPDES discharge permit NCO089052 was issued to the Receiver on June 29, 2011, effective August 1, 2011. The Receiver then sold the campground to the Chaplin Company of South Carolina. The Chaplin Company owns and operates one other campground, the Barnyard RV Park in Lexington, SC, and 5 flea markets in South Carolina and North Carolina. The Chaplin Company is operating the Zooland Family Campground under the registered name of The Zooland Family Campground, LLC of South Carolina. Our rule T15A NCAC 02H.0105(c)(7) requires: "a statement to demonstrate financial qualification and substantial previous compliance with federal and state laws, regulations, and rules for the protection of the environment as required by G.S. 143-215.1(b)(4)(b)." This must be provided by the purchaser at the time of filing for ownership change. Chapman Company submitted a response to this requirement on September 6, 2011, which supplied financial,and Fact Sheet NPDES Renewal NCO089052 Paye 1 Facility Information Applicant/Facility Name: Zooland Family Campground, LLC of South Carolina / Zooland Family Campground WWTP Applicant Address: P.O. Box 12187, Columbia, South Carolina 29211 Facility Address: 3671 Pisgah Covered Bridge Road, Asheboro, NC Permitted Flow, 0.006 MGD, expandable to 0.017 MGD Type of Waste: Domestic Facili /Perm_ it Status: Class II/ New County: Randolph County 'Miscellaneous Receiving. Stream: Little River/ Yadkin River Basin Regional Office: Winston-Salem Stream Classification: C USGS To o Quad: E19SE/ Seagrove NC 303(d) Listed?: Not on 2010 list Permit Writer: Jim McKay Subbasin: 03-04-15 Date: September 19, 2011 Drainage Area (mit): 14.74 mi2 • Summer 7Q10 cfs 0.03 Winter 7Q I0 (cfs): 0.5 30Q2 (cfs): 1 IWC (%): 46.76S Primary SIG Code: 4952 SUMMARY Zooland Family Campground is a small campground located near the Uwharrie National Forest outside of Asheboro, NC. Currently there is no permitted wastewater treatment facility at the site. A permit was issued for a package treatment plant in 1973, but it was never built and the permit was not renewed. In September, 2010 the Winston-Salem Regional Office noticed a flow of black septic liquid in a ditch leading to the Little River. Apparently a septic tank had been installed by a previous owner with no permit from DENR or the local health department. A NOV was issued for the unpermitted treatment system, and the campground ceased operation while a treatment plant was designed and a permit to discharge was applied for. The applicant has applied for a Pump and Haul permit to allow the campground to operate in the interim. The treatment plant will be located at 3671 Pisgah Covered Bridge Road in Asheboro, North Carolina, in Randolph County. The design capacity of the treatment system is 0.017 MGD. The facility will have one outfall, _which will discharge to Little River, classified Class C waters in the Yadkin River Basin. Little River is not listed as impaired on the 2010 303d list. NPDES discharge permit NCO089052 was issued to the Receiver on June 29, 2011, effective August 1, 2011. The Receiver then sold the campground to the Chaplin Company of South Carolina. The Chaplin Company owns and operates one other campground, the Barnyard RV Park in Lexington, SC, and 5 flea markets in South Carolina and North Carolina. The Chaplin Company is operating the Zooland Family Campground under the registered name of The Zooland Family Campground, LLC of South Carolina. Our rule T15A NCAC 02H.0105(c)(7) requires: "a statement to demonstrate financial qualification and substantial previous compliance with federal and state laws, regulations, and rules for the protection of the environment as required by G.S. 143-215.1(b)(4)(b)." This must be provided by the purchaser at the time of filing for ownership change. Chapman Company submitted a response to this requirement on September 6, 2011, which supplied financial,and Fact Sheet NPDES Renewal NCO089052 Paye 1 environmental ethics information. A telephone call to one of the bankers listed as personal references, Mr. Al Barnett of TD Bank in Columbia confirmed that the company was well financed and well run. Mr. Barnett has had a personal banking relationship with the Chapmans for over 15 years. In addition, Ms. Sara E. Nienow, an economist in the DENR Budget Office has checked the company through the Secretary of State offices in North Carolina and South Carolina. The company is in good standing in both states. Based on all the data, we accepted the validity of the Chapman Company's acquisition of the campground and its' NPDES discharge permit. Little River at the discharge point has a Summer 7Q10 flow of 0.03 MGD. Since the 7Q10 flow is less than 0.05, Little River is considered a Zero Flow stream. Since the 30Q2 is 1, the 15 NCAC 02B .0206 (d) (1) rule allows the discharge permit to be issued. A Level B model was run for a 2 mile stretch of river to verify that the stipulated 5 mg/ L BOD and 2 mg/ L ammonia - nitrogen was protective of the instream DO standard of 5 mg/ L. Based on comments received from the Division of Inland Fisheries, the ammonia limits were reduced to 0.5 mg/ L Summer and Winter in order to protect endangered and threatened mussels; UV radiation will be used for disinfection instead of chlorine. The system will be built in two stages. The first stage with 6,000 gallons per day capacity will consist of- * £ ♦ 8,000 gallon septic tank influent receiving basin ♦ 3,000 gallon flow equalization tank ♦ Duplex submersible. pumps ♦ 2800 gallon Moving Bed Biofilm Reactor ♦ Duplex blower system ♦ Bioclere with integral clarifier ♦ 2,000 gallon filter feed tank ♦ Two tertiary sand filters ♦ Alkalinity feed system with one pump ♦ Ultra -violet light disinfection system ♦ Effluent flow meter with recorder ♦ Backup generator and transfer switch The second stage, with an additional capacity of 11,000 gallons per day will consist of ♦ 10,000 gallon septic tank influent receiving basin ♦ 3,000 gallon flow equalization tank interconnected to existing flow equalization tank ♦ Duplex submersible pumps ♦ 5000 gallon Moving Bed Biofilm Reactor ♦ Duplex blower system ♦ Bioclere with integral clarifier ♦ 2,000 gallon filter feed tank (existing) ♦ One additional tertiary sand filter ♦ Ultra -violet light disinfection system ♦ Effluent flow meter with recorder (existing) ♦ Backup generator and transfer switch (existing) DMR Data Review This permit is for a proposed new WWTP. There is no DMR data. TOXICITY TESTING Fact Sheet NPDES Renewal NCO089052 - Page 2 Current Requirement: New permit. Recommended Requirement: None. INSTREAM MONITORING Instream monitoring will be required for temperature and dissolved oxygen. The Upstream sample point should be at least 100 feet upstream of the discharge point. The Downstream sample should be taken about 2 miles downstream at NCSR 1127. This location corresponds to the DO sag location predicted by a Level B WQ model. COMPLIANCE SUMMARY New permit. Reasonable Potential Analysis (RPA) New permit. PROPOSED CHANGES New permit. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: Name/ Ownership Change is a minor mod and no public notice. Permit Scheduled to Issue: September 19, 2011 STATE CONTACT If you have any questions on any. of the above information or on the attached permit, please contact Jim McKay at (919) 807-6404. NAME: /'"'"� %%1 e- DATE: NPDES SUPERVISOR NAME: DATE: REGIONAL OFFICE COMMENT G- l9- zdit Fact Sheet NPDES Renewal.NC0089052 Page 3