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HomeMy WebLinkAboutWQ0029962_Permit Rescission_20150311NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 11, 2015 Robert L. Graves Graves 196, LLC Post Office Box 5818 Hilton Head Island, SC 29938 Dear Mr. Graves: Donald R. van der Vaart Subject: Permit No. WQ0029962 Permit Rescission Cold Mountain Development Reclaimed Water Permit Haywood County Secretary Reference is made to your written rescission request received February 11, 2015 for the subject Reclaimed Water permit. Staff from the Asheville Regional Office has confirmed that the subject permit is no longer required. Therefore, in accordance with your request, Permit No. WQ0029962 is rescinded, effective immediately. If in the future you wish again to operate the subject non -discharge system, you must first apply for and receive a new Reclaimed Water permit. Please be advised that construction and/or operation of the subject facilities without a valid permit is a violation of North Carolina General Statute § 143-215.1 and may subject the owner/operator to appropriate enforcement actions in accordance with North Carolina General Statute §143-215.6A-6C. Civil penalties of up to $25,000 per day per violation may be assessed for failure'to secure a permit required by North Carolina General Statute § 143-215.1. If you need additional information concerning this letter, please contact Ed Hardee (919) 807- 6319 or ed.hardee@ncdenr.gov. cc: Sincerely, i S. Jay Zimmerman, Director Division of Water Resources County Health Beth Buffington, Public Water Supply Section — ,Division of Water Resources Budget Office Permit File WQ0029962 Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-64641 Internet: htto://Portal.ncdenr.org/web/wa Division oP Waier Resources MAR 1 6 2015 Water nuality Regional Operations Asheville Regional 0-fii e An Equal Opportunity 1 Affirmative Action Employer— Made in part with recycled paper Permit Reseissi®nOr Information. -to be `filled out- by Central Office: Facility Name: Cold Mo--un* tain;Developmeift pera t Number: WQ909962. RekWiW OfFee.: Asheville. -County: Hayw.o9d Date Rescission: Requested. 2/11/2015 ;Permit �xpxation:. 4/30%2015 FLeeeved Original Request`Central Office Regional Office Form. of Received Request Letter Signed Annual Fee Invoice Qfher Information to be -filled out by Region: . P'lease-Check Appropriately: _: _ Ground site vlsif Performed :: water. Conceiis Addressed Render Decision "for Rescission of the Above Referenced_ Nrmit: A roved Denied' Note: If approved this permit will become inac *wan the DIMS database and w l: riot lie billed through the division billing system. Complete if Approved: V�[ Rescind Immediately Reason for Appravai �1 �}� t t �-�i. �� /� ,Reason_ foi Detual - Signature of Cerfifaer: J State, of North Carolina Elaine F. Marshali SECR4TA.KY OF StAM Department P -of The Secretary of State March 121 2010 Graves Development Cor6Qration J.,Graves,.Agent P.0(_BO.X�6 Waynesville, NC 28786 Cheri L. Myers Dwc,= OF CORPOPUNITONS NOTICE OF GROUNDS FOR. REVOCATION OF CERTIFICATE OF AUTHORITY OF:.C-Maves - -Development Coypoptioll.- Recently, this offloc conducted, aii,intern filrev lew, of die annual. reports .tiled for A business corporations in,North Carolina. Unfortunately; the review indic4tes1hat the above referenced: business-corpora0pti, is: ,not in compliance with the North Caroilmia 'Business- Corporation. Act and is -delinquent in delivering two .(2) annual report(s), The -Secretary of Statvis authorized by N.C.G1 & 55-B.34 'to revoke the CerdfloawofAuthority­f, I. . authorized I . . M, . .., : . 11 � 11 _. ­ I - 1, ... o -,.a foreign busiossporparatio if * e m-is'. ' hile:the..' 4 1 one:or mor&,grjmqds.fbr revocation x t. Pleucliot6:tfiat4w revocation, process has not . yet. I be=:c6fidluded-,. this,. Notice is. the first, stepofthe revocation'. process. In order topre . ve . n . t-revocation .1ofeertificate 6fauthority, the business corporation must'�il'elhe appropriate; pTi .1 a to, :annual reports) within §ixty,(60),days.,ft-om the date ortig Notice," Determining. Annual Reports Due You: may view 6, listing of annual -reports previously submitted to the: Secretary of Statel7s Office, by clicking`fliei lihk:to-1ieCqrpor4fi6ns Division wot' pages at wWw.sopnc.qom. You gill need -to search. for Your company -by -name, then cli ck "File Annual Report Online." This, will, bring you to a listing of annual reports- submitted. From thispage" you will bet able to,, secif-mannual report was submitted- but -not filed due° to in error -which to date has not been corrected and/or determine how many annual report,s -are required to become compliai% Thedue date for.filipg a Busin.cz.Q01pQrations annual report is Abe Online. Utilize die., above referenced. link- to the entity profile page,,,- then. click;on "File an Annual Rep or0atthe top of the -page and fbl1ox-th6-4iLeqd ons, 'Tho:Feo. f $-2,O.0b s Paper Filing. Yowmayalso print a, pr&7popu1atdd.fbrva from the same,weib. page by clicking "Print a pre -populated annual report form." If :there are any changes; ,cross outthd.-old information and ,enter' the : correct. . information, then. rn�ij the report and fees to-flid Corporations:-. dii-i-is-ion at the address on the bottom of the , forni, The -fee: is $25..00, if you haveany con0his or experience and (olibical difficulty—writh the filing:process--pInse, contact tact our staff -at. (919)807,2225.: The:-CorporatiO0 Divisloil �O BOX 29671 RALEIGff, NORTH CAROLLINT'A.- 27W-0 -6-22 ROBER'T I. GRAVES P.O..BOX 5818 HILTON HEAD ISLAND, SOUTH CAI20LINA 29938 Office :843, 341-2238 FAX: (3'43) 341-2290 February.9, 2015 Division of Water Resources Water Quality Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, North.Carolina 27699-1.636 Attention: , Mr. Ed Hardee .Reference:: Cold -Mountain Development Reclaimed Wastewater System Permit No: WOQ29962, Haywood County Dear Mr: Hardee, The, above referenced, permit was issued to Graves, Development Corporation: The system was never constructed and Graves Development. is no longer in business. Graves 196, L. now owns,the development and has permittedthe wastewater. system, as per, the enclosed Brooks Engineering memorandum, dated. July 10, 2010. As a result of the above, we. arei requesting the rescission of Permit No. "0029962 for the .Cold Mountain Development. If further information is needed; please do not hesitate to contact this office. Sincerely, Joy C Walker (for) Robert L Graven. Attachment: Project. -Memorandum. FEo 1 201-5 OW 40Secrioll 9 PROJECT MEMORANDUM Date: July 14, 2010 To: Robert Graves From: Walker Ferguson, LSS Regarding: Cold Mountain Septic System Permits ]BEA Project No.: 343510 Sold Lots ® BEA has obtained Improvement Permits (IP) with off -site drainfields for each of these lots. BEA understands that Graves `196, LLC (The Developer) will. be, responsible for the installation :and maintenance of these systems. The developer will be required to obtain a Construction Authorization (CA) for each of these -lots. There will be a $100 fee associated withthis permit (Approximately 13 sold lots not on:Phase I of the community system). There will be a .10 cent charge for each gallon for Phase I of the community system (5280 gallons = 528.00 dollars)'.,, Cluster I, Cluster II, and Phase I of the community system will each require detail engineering plans before construction. o Phase I of the community system contains sold lots 12; 17, 20, 21, 22, 23, 24, 25, 26, 29, and 36. It also contains unsold lot 38. Unsold Lots BEA has obtained IP's for each of these lots. It will be the responsibility of the future homeowners to obtain CA permits, construct, and maintain -their individual septic systems. Lot 38; is on Phase I of the community system and Lots 27, 33, 39, and 41 are on Phase IV of the community system. When each of these phases -is installed the developer will be responsible.for the maintenance and cost of the system. Lots 67, 68; 69,;and 70 have been approved by the Haywood County Health Department, but do not have an IP; These lots will be issued an 1P once the plat of each lot is recorded. Future Development © The Mill Village — Consists of Phase II of the community system. It contains 19-3-bedroom units and has an IP from Haywood County. This system will require engineering and is much more expensive system then Phase I (Aerobic Subsurface Drip Irrigation): PROJECT MEMORANDUM Date: July 14, 2010 . To: Robert Graves From: Walker Ferguson, LSS Regarding: Cold Mountain Septic System Permits BEA Project No.: 343510 Sold Lots • BEA has obtained Improvement Permits (IP) with off -site drainfields for each of these lots. BEA understands that Graves 196, LLC (The Developer) will be responsible for the installation and maintenance of these systems. The developer will be required to obtain a. Construction Authorization (CA) for each of these lots. There will be a $100 fee associated with ,this permit (Approximately 13 sold lots not on Phase I of the community system). There will be a. 10 cent charge for each gallon for Phase I of the community system (5280 gallons = 528.00 dollars)., Cluster I, Cluster II, and Phase I of the community system will each require detail engineering plans before construction. • Phase I of the community system contains sold lots 12, 17, 20, 21, 22, 23, 24, 25, 26, 29, and 36. It also contains unsold lot 38. Unsold Lots • BEA has obtained IP's for each of these lots. It will be the responsibility of the future homeowners to obtain CA permits, construct, and maintain their individual septic systems. Lot 38 is on Phase I of the community system and Lots 27, 33, 39, and 41 are on Phase IV of the community system. When each'of these phases is installed the developer will be responsible for the maintenance and cost of the system. • Lots 67, 68, 69, and 70 have been approved by the Haywood County Health Department; but do not have an IP. These lots, will be issued an IP once the plat of each lot is recorded. Future Development • The Mill Village — Consists of Phase H of the community system. It contains 19 3-bedroom units and has an IP from Haywood County. This system will require engineering and is much more expensive system then Phase I (Aerobic Subsurface Drip Irrigation). • The Tree. House Cottages.— Consists of Phase III of the community system. It contains 10 3- bedroom units, plus lot 68. The system has been approved by both the state and county. However, no IP will be issued until the permit application and payment is made. The IP fee will be $2,040 to the Haywood County Health Department. This application and payment has no deadline: The system is an Aerobic Subsurface Drip Irrigation system which will require engineering. • The Mountain Village — Consists of Phase IV of the community system. It contains 25 3- bedr000m units, plus lots 27, 33, 39, and 41.The system has been approved by both the state and county. However, no IP will be issued until the permit application and payment is made. The IP fee will be $5,220 to the Haywood County Health Department. This application and payment has no deadline. The system is an Aerobic Subsurface Drip Irrigation system which will require engineering. Cold Mountain Wastewater Summary BEA Project No. 3343510 Page 2 NOTICE TO REGISTERED AGENT: Under N.G.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Graves Development Corporation (0824021) P.O. Box'6 Waynesville, NC 28786 State of North Carolina Department of The Secretary of State CERTIFICATE OF REVOCATION OF CERTIFICATE OF AUTHORITY L Elaine F. Marshall, Secretary of State, as mandated by lave; do hereby certify that the certificate of authority of Graves Development Corporation to transact business in the state of North Carolina has been revokedpursuant to the procedures set forth in N.C.G.S. Section 55-15-31 for failure to file an annual report effective as of the date set forth hereunder. This the 26th day of August, 1010 Elaine F. Marshall Secretary of State Document Id: C201023813714 • a Vie Tree House Cottages —Consists of Phase III of the'community system. It contai„b L y 3- bedroom .units, plus lot 68. The system has been. approved by both the state arid -county_ However, no ]P will be issued until the perinit application and payment is made. The IP fee will be $2,040 to the Haywood County Health Department. This application and payment has no deadline. The system is an Aerobic Subsurface Drip Irrigation system which will require engineering. The,Mountain.Village — Consists. of Phase:IV of the community system..It:contains 25 3- 'bedr000m units, plus lots:27, 33, 39, and 41.The-4ystem has been approved by both. the state and..county. However; no IP will be issued until the permit application ,and:payment is made. The IP fee will --be $5220 to the Haywood County Health Department. This application and payment has. no deadline. The system is an Aerobic Subsurface Drip Irrigation system which will require engineering. Cold-Mountaf t Wastewater Summary ,BEA,Project:No. 3343510 Page 2