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HomeMy WebLinkAboutNC0064416_Owner Name Change_20000414NPDES DOCUMENT SCANNING: COVER SHEET NPDES Permit: NC0064416 Cullasaja Club WWTP Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Correspondence Owner Name Change Additional Information Received Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: April 14, 2000 This document is printed on reuse paper - ignore any content on the resrerse side 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 April 14, 2000 Mr. Daniel A. Almers Cullasaja Homeowner's Association, Inc. 1371 Cullasaja Club Drive Highlands, North Carolina 28741 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Modification - Name Change Permit NC0064416 Cullasaja Homeowner's Association, Inc. (formerly Cullasaja Joint Venture) Jackson County Dear Mr. Almers: In accordance with your request received March 22, 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 150B 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. Sincerely, NOW Signed By Davki A. Goodrich Kerr T. Stevens cc: Central Files Asheville Regional Office, Water Quality Section 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 Visrr us ON THE INTERNEE @ http://h2o.enr.state.nc.us/NPDES Christie.Jackson @ ncmail.net 7 V Permit NC0064416 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, Cullasaja Homeowner's Association, Inc. is hereby authorized to discharge wastewater from a facility located at the Cullasaja Homeowner's Association, Inc. East of US Highway 64 & NC Highway 28 Intersection northeast of Highlands Jackson County to receiving waters designated as Norton Mill Creek in the Savannah 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 April 14, 2000. This permit and authorization to discharge shall expire at midnight on August 31, 2002. Signed this day April 14, 2000. By Signed 4riginal David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0064416 SUPPLEMENT TO PERMIT COVER SHEET Cullasaja Homeowner's Association, Inc., is hereby authorized to: 1. Continue to operate an existing 0.15 MGD wastewater treatment facility with the following components: • Dual train activated sludge facility • Tertiary filters • Chlorine disinfection • Five day detention effluent holding pond The facility is located at Cullasaja Homeowner's Association, Inc., east of US Highway 64 and NC highway 25 intersection, northeast of Highlands in Jackson County. 2. Discharge from said treatment works at the location specified on the attached map into Norton Mill Creek, classified C-TR with an additional management strategy to protect downstream ORW waters in the Savannah River Basin. GUNSTER, YOAKLEY, VALDES-FAULI & STEWART, P.A. ATTORNEYS AT LAW VIA FEDERAL EXPRESS March 21, 2000 Ms. Christie Jackson NC DENR/DWQ NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 OuR Fax NUMBER: 13290.00090 WRITER'S DIRECT DIAL. NUMBER: (561) 650-0521 Re: Permit Name/Ownership Change Form Dear Ms. Jackson: In connection with our telephone discussion on March 20, 2000, enclosed please find a fully executed original of the above referenced form with respect to name change indicated therein. As we had instructed me, I have enclosed a copy of the executed, unrecorded Special Warranty Deed and copy of the original permit. For your reference, I have also enclosed a corporate resolution which indicates that the Cullasaja Homeowner's Association, Inc. has given it prior approval for the execution and delivery of transaction documents. Thank you for your cooperation in this matter. Please contact me should you have any questions concerning this letter. Very truly yours, Jean M. Croughan 487295.1 p.iiL l� l� li j L MAR 2 2 2000 1 L.-' DERR - WATER QUALITY POINT SOURCE BRANCH Phillips Point 777 South Flagler Drive, Suite 500 East • West Palm Beach, FL 33401-6194 (561) 655-1980 Fax: (561) 655-5677 e-mail: clientservices@gunter.com http://www.gunster.com FORT LAUDERDALE • MIAMI • PALM BEACH • STUART • TALLAHASSEE • VERO BEACH • WEST PALM BEACH JC€v vouive 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 kVA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION: II. Permit Number: 1. Permit holder's name: NC00_6_/_4_/_4 / 1_/ 6_ Cullasaia Joint Venture 2. Permits signing official's name and title: Daniel A. Almers (Person legally responsible for permit) (Title) 3. Mailing address: 1371 Cullasaia Club Drive State: NC Zip Code: 28741 E-mail address: dan_almers@Arvida.com NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: a. Change in ownership of property/company _X_b. Name change only c. Other (please explain): 2. New owner's name (name to be put on permit): Cullasaia Homeowners' Association, Inc. 3. New owner's or signing official's name and title: Project General Manager City: Highlands Phone: (828) 526-3531 (16) [l \v MAR 2 2 2000 DENR - WATER QUALITY Same as above (Person legally responsible for permit) Same as above (Title) 4. Mailing address: Same as above City: State: Zip Code: Phone: ( E-mail address: 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Fnllal Onnnrhunifv Affirmafivo Arfinn FmnInvor Telephone (919) 733-5083 FAX (919) 733-0719 Frw,c, rarvrlcri 11f1RL. nnetrnnciimor Want 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 ownership, 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, , 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: Applicant's Certification: I, Daniel A. Almers , 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. Signature: U! 1/'--- Date: 3/7/00 THE COMPLETED 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 1/arcinn A-QQ THIS INSTRUMENT PREPARED BY: Bernard R. Baker, 111, Esquire MAIL AFTER RECORDING TO: STATE OF NORTH CAROLINA COUNTY OF JACKSON Gunster, Yoakley, Valdes-Fauli & Stewart, P.A. 777 South Flagler Drive, Suite 500 East West Palm Beach, FL 33401 Revenue S — 00; Whole Transfer; _ mprovcd Property SPECIAL WARRANTY DEED THIS DEED made the / J day of March, 2000, by and between CULLASAJA JOINT VENTURE, a Georgia joint venture (hereinafter referred to in the neuter singular as "Grantor"), and CULLASAJA CLUB, INC., allorth Carolina non-profit corporation, of 1371 Cullasaja Club Drive, Highlands, North Carolina 28741 (hereinafter referred to in the neuter singular as "Grantee"). THAT SAID GRANTOR, for and inconsideration of the sum of TEN and NO/100THS DOLLARS ($10.00), receipt of which is hereby acknowledged, has given, granted, bargained, sold and conveyed, and by these presents does hereby give, grant, bargain, sell and convey unto said Grantee, its heirs, successors, administrators and assigns, in fee simple, all that certain piece, parcel or tract of land situate, lying and being in Cashier's Township, Macon County and Jackson County, North Carolina, and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE AND TO HOLD the above described lands and premises, together with all privileges and appurtenances thereunto belonging, or in any wise appertaining, unto the Grantee, it heirs, successors, administrators and assigns forever, in fee simple, but subject always, however, to the limitations set out below. 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 conveyed subject to the following exceptions: SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal on the day and year first above written. s (ID Ji i... fI MAR 2 2 2000 DENR - WATER QUALITY POINT SOURCE BRANCH CULLASAJA JOINT VENTURE, a Georgia Joint Venture By: ARVIDA/JMB PARTNERS, L.P., a Delaware limited partnership, managing partner By: ARVIDA/JMB MANAGERS, INC., a Delaware corporation, its general partner 10.e.4.:i Z17w. 4. Q By: Name: Title: Y(a f Si 41,— STATE OF GEORGIA COUNTY OF ptc=_--i- , I, ` ' a Notary Public of the County and State aforesaid, certify that 4,rS personally came before me this day and acknowledged that he is the c t , rj ' J ' of Arvida/JMB Managers, Inc., a Delaware corporation and general partner of Arvida/ B Partners, L.P., a Delaware limited partnership and mans ing partner of Cullasaja Joint Venture, a Georgia joint venture, and that he, as CAG4_.ertry44ef, beingauthorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official stamp or seal, this/ `" `day [NOTARY SEAL] rev►'tw My commission expirfs: � wA STATE OF NORTH CANTAreaSsof COUNTY OF JACKSON ',• ^ 'outj f fMarch, 2000. A_e 1 ; Il Notary Public The foregoing certificate of , Notary Public, is certified to be correct. This instrument was presented for registration this day of , 2000, and duly recorded at o'clock _.M., in Deed Book , Page 484713.1 2 Register of Deeds Jackson County, North Carolina EXHIBIT "A" LEGAL DESCRIPTION Being all of Lot 18, Overlook Villas, Cullasaja Club, containing 0.33 acre, as described by survey prepared by Sylvester & Company, P.A., dated November 8, 1999, drawing no. 4031 as recorded in Plat Cabinet 10, Slide , Jackson County Public Registry, to which reference is specifically madc. Being all of Lot 19, Overlook Villas, Cullasaja Club, containing 0.33 acre, as described by survey prepared by Sylvester & Company. P.A., dated November 8, 1999, drawing no. 4032 as recorded in Plat Cabinet 10, Slide __ , Jackson County Public Registry, to which reference is specifically made. The above referenced property Lots 18 & 19, Overlook Villas will be conveyed prior to closing from Arvida / JMB Partners to Cullasaja, Joint Venture for rcconveyancc to Cullasaja Club, ittc. simultaneously at closing. The above Lots arc subject to the following special restrictions: 1. Alt construction of any residence, garbage or building whatsoever on the premises shall be limited and restricted to a thirty-six foot (36') in width by a sixty-five foot (65) in width rectangle as thc s:unc my be approved by the architectural control committee hereinafter set forth. 2. The building blueprint including carpon cannot exceed eight -five per cent (85%) of thc thirty-six foot (36') by sixty-five foot (65') in width rectangle building. 3. The driveway over thc twenty -foot (20') in width right-of-way of Overlook Villas Drive cannot exceed ten feet (10') in width. 4. One paved turn -around or extra parking area is allowed, but such arca cannot exceed two hundred forty square feet. 5. There shall he no windows on the right side of the house as viewed from Overlook Villas Drive. 6. All installation and maintenance of utilities running to the structure from Overlook Villas Drive shall be the responsibility of the Grantee. A-1 7. It is expressly agreed and understood that any improvement located on the premises must conform in dimensions. site location, style, materials, exterior finish, color and other details affecting the exterior appearance to those certain plans and specifications assThe Overlook Cabins Plan Scheme No. N/A, Pages 1-6 by Alfred 1:. Platt, Jr. A.I.A., N.A. Project No. 9U33. dated December 20, 1990 revised Junuary 22, 1991 ("The Improved Plants) as such plans tray be tunendcd from time to time. The Grantor and the Architectural Control Committee reserves thc right to withhold the plan of any specification from improvements on the Lot which do not confiner to the approval plans. All plans must be submitted and reviewed according to the terms of Article 5 of The Declaration of Restrictive Covenxnts for Cullasaja Club as recorded in Book H-17, Macon County :'ublic Registry and Page 266, and Book 658, Page 714, Jackson County Public Registry. It is expressly agreed and understood that the foregoing restrictions shall. be binding upon the Grantee, its heirs, successors and assigns and shall inure to the benefit of the Grantor, its heirs. successors and assigns. TH POLL W PRO ..RT WN Y CULI.ASAJA JOINT VENTURE: Being ail c,f Lot 44, Cullasaja Club, containing 0.79 acre, as described by survey prepared by Sylvester & Company, P.A., dated July 17, 1998, last revised November 30, 1999, drawing no. 3701 as recorded in Plat Card . Macon County Public Registry. to which reference is specifically tnadc. Being all of Lot 47, Cullasaja Club, containing 0.99 acre, us desc-ribcd by survey prepared by Sylvester & Company, P.A.; dated November 29, 1999, drawing no. 40341 as recorded in Plat Card , Macnn County Public Registry, to which reference is specifically made. Subject to a reserved the thirty (30) feet in width Ciolf Course Maintenance Easement as reserved unto Cullasaja Joint Venture and Cullasaja Club, Inc., their successors and/or assigns as the same runs over, through and across a portion of subject premises as set forth more particularly on subject plat. Being that certain casement for Golf Course Maintenance as reserved in Section 7.07 of the First Amendment of Declaration of Covenants, Restrictions and Easctnents for Cullasaja Club as recorded in Book L-17, Page 344, Macon County Public Registry and in Book G72, Page 20, Jackson County Public Registry, to which reference is specifically made. Being all of Lot 48, Cullasaja Club, containing 0.91 acre, as described by survey prepared by Sylvester & Company, P.A., dated November 29, 1999, drawing no. 4035 as recorded in Plat Card , Macon County Public Registry, to which referents: is specifically made. Being all of Lot 45, Cullasaja Club, containing 0.67 acre, as described by survey prepared by Sylvester & Company. P.A., dated November 29, 1999, drawing no. 4033 as recorded in Plat Card Macon County Public Registry, to which reference is specifically made. Subject to a reserved thc thirty (30) feet in width Golf Course Maintenance Easement as reserved unto Cullasaja Joint Venture and Cullasaja Club, lnc., their successors and/or assigns as thc same runs over, through and across a portion of subject premises as set forth more particularly on subject plat. Being that certain easement for Gulf Course Maintenance as reserved in Section 7.07 of thc First Amendment of Declaration of Covenants. Restrictions and Easements for Cullasaja Club d.`i recorded in Book L-17, Page 344, Macon County Public Registry and in Book 672, Page 20, Jackson County Public Registry, to which reference is specifically made. Bring all of Lot 49, Cullasaja Club, containing 0.89 acre, as described by survey prepared by 1999 drawing no. 4036 as recorded in Plat Card Sylvester 8c Company, P.A., dated November 29, . Macon County Public Rcjdstry, to which reference is specifically tundc. A-2 Subject to a reserved thc thirty (30) feet in width Golf Course Maintenance F.auemcnt as reserved unto Cullasaja Joint Venture and Cullasaja Club, Inc., their successors and/or assigns as the same nuns over, through and across a portion of subject premises as set forth more particularly on subject plat. Being that certain easement for Golf Course Maintenance as rescrvcd in Section 7.07 of the First Amendment of Declaration of Covenants, Restrictions and Easements. for Culla_saja Club as recorded in Book L-17, Page 344, Macon County Public Registry and in Book 672, Page 20, Jackson County Public Registry, to which reference is specifically made. Being all of Lot 80, Cullasaja Club, containing 0.55 acre, as described by survey prepared by Sylvester & Company, N.A., dated December 1, 1999, drawing no. 4037 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically made. Subject to a reserved the thirty (30) feet in width Golf Course Maintenance Easement as reserved unto Cullasaja Joint Venture and Cullasaja Club, Inc., their successors and/or assigns as the same runs over, through and across a portion of subject premises as set forth more particularly on subject plat. Being that certain easement for Golf Course Maintenance as reserved in Section 7.07 of the First Amendment of Declaration of Covenants. Restrictions and Easements for Cullasaja Club as recorded in Book L-17, Page 344, Macon County Public Registry and in Book 672. Page 20, Jackson County Public Registry. to which reference is specifically made. Subject to a twenty foot (20') in width general access easement for ingress and egress from "Golf Course Tract C" Dinning over, through and across Lot 80 and Lot 79, Cullasaja Club as said casement is set forth more particularly on subject plat. Being all of Lot 88. Culla rja Club, containing 0.60 acre. as described by survey prepared by Sylvester & Company, ?.A., dated December 2, 1999, drawing no. 4038 as recorded in Plat Cart! , Macon County Public Registry, to which reference is specifically made. Subject to a reserved the thirty (30) feet in width Golf Course Maintenance Easement as reserved unto Cullasaja Joint venture and Cullasaja Club, Inc., their successors and/or assigns as thc sauce runs over, through and across a portion of subject premises as set li th more particularly on subject plat. Being that certain casement fur Gulf Course Maintenance as reserved in Section 7.07 oldie First Amendment of Declaration of Covenants, Restrictions and F.ascmcnts for Cullasaja Club as recorded in Book I.-17, Page 344, Macon County Public Registry and in Book 672, Page 20, Jackson County Public Registry, to which reference is specifically made. Being all of Lot 93, Cullasaja Club, containing 0.6U acre, as described by survey prepared by Sylvester & Company, P.A., dated December 6, 1999, drawing no. 4039 as recorded in flat Card Macon County Public Registry, and Plat Cabinet 10. Slide _, Jackson County Public Registry, to which reference is specifically made. Subject to a reserved the thirty (30) feet in width Golf Course Maintenance F..: scmcnt as reserved unto Cullasaja Joint Venture and Cullasaja Club, Inc., their successors and/or assigns ar thc same runs over, through and across a portion of subject premises as set forth more particularly on subject plat. Being that certain easement for Golf Course Maintenance as reserved in Section 7.07 of the First Amendment of Declaration of Covenants, Restrictions and Easements for Cullasaja Club as recorded in Book I.-17, Page 344, Macon County Public Registry and in hook 672, Pagc 20. Jackson County Public Registry, to which reference is specifically ntadc. Ruing all of Lot 98, Cullasaja Club, containing 0.65 acre, as described by survey prepared by Sylvester & Company, PA., dated November 30, 1999, drawing no. 3549A as recorded in Plat Card Macon County Public Registry, to which reference is specifically made. Subject to a reserved the thirty (30) feet in width Gulf Course Maintenance Easement as reserved unto Cullasaja Joint Venture and Cullasaja Club, Inc., their successors and/or assigns as the same runs over, through and across a portion of subjcct premises as set forth more particularly on subject plat. being that ccrtaia cuscmcnc for GolfCoursc M:uintcnancc a_. rcccrvcd in Scction 7.07 of the. First Amendment of Declaration of Covenants, Restrictions and Easements for Cullasaja Club as recorded in Book L-17, Page 344. Macon County Public Registry and in Book 672, Page 20, Jackson County Public Registry, to which reference is specifically made. A-3 Subject to a general casement for drainage as the same sets within the boundary of t.ot 9x, Cullasaja Club, as set forth more particularly on subject plaL Being all of Lot 251, Cullasaja Club, containing 0.93 acre, as described by survey prepared by Sylvester & Company, P.A., dated October 17, 1997, last revised November 17. 1999, drawing no. 3581 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically made. Subject to a reserved the thirty (30) feet in width Golf Course Maintenance Easement as reserved unto Cullasaja Joint Venture and Cullasaja Club, Inc., their successors and/or assigns as thc same runs over, through and across a portion of subject premises as set forth more particularly on subject plat. Being that certain casement for Golf Course Maintenance as reserved in Section 7.07 of the First Amendment of Declaration of Covenants, Restrictions and Easement.~ for Cullasaja Club as recorded • in Book L-17, Page 344, Macon County Public Registry and in Book 672, Page 20, Jackson County Public Registry, to which reference is specifically made. Being all of Lot 286A, Cullasaja Club, containing 0.9(1 acre, us described by survey prepared by Sylvester & Company, P.A., dated November 30. 1999, drawing no. 3552A as recorded in Plat Card _ , Macon County Public Registry, to which reference is specifically made. Being all of Lot 217, Cullasaja Club, containing 0.90 acre, as described by survey prepared by Sylvester & Company, P.A., dated December 13, 1999. drawing no. 4044 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically made. Improvements located on the subject property are subject to a special set hack from the Cullasaja River as designated and regulated by the Macon County Water Shed Ordinance. Being all of Lot 218. Cullasaja. Club, containing 0.71 acre. as described by survey prepared by Sylvester & Company, P.A., dated December 13, 1999, drawing no. 4045 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically made. Being all of Lot 219, Cullasaja Club, containing 0.82 acre, as do scribcd by survey prepared by Sylvester & Company, P.A., dated December 13, 1999, drawing no. 4046 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically made. improvements located on thc subject property arc subject to a special set back from the Cullasaja River as designated and regulated by the Maenn County Water Shed Ordinance. Being all of Lot 220, Cullasaja Club, containing 0.73 acre, as described by survey prepared by Sylvester & Company, P.A., dated December 13, 1999, drawing no. 4047 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically made. Improvements located on the subject property are subject to a special set back from the Cullasaja River as designated and regulated by thc Macon County Water Shcd Ordinance. Being all of Lot 221, Cullasaja Club, containing 1.04 acre, as described by survey prepared by Sylvester & Company, Y.A., dated December 13. 1999, drawing no. 4048 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically made. Improvements located on the subject property arc subject to a special sct back from the Cullasaja River as designated and regulated by the Macon County Water Sheol Ordinance. Being all of Lot 222. Cullasaja Club, containing 0.67 acre, as described by survey prepared by Sylvester & Company. P.A., dated December 14, 1999, drawing no. 4081 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically made. Subject to an existing thirty foot (30') in width road ;recess and utility right-of-way as the same flirts over, through and across Lot 222, Cullasaja Club. along and with its castenunnst boundary as set forth more particularly on subject plait. A-4 improvements located on the subjcct property tut subject to a special set hack from the Cullasaja River as designated and regulated by thc Macon County Water Shed Ordinance. Being all of Lot 223, Cullasaja Club, containing 0.6li acre, as described by survey prepared by Sylvester & Company, P.A., dated December 13. 1999, drawing no. 4049 as recorded in Plat Curd Macon County Public Registry, to which refcrt ncc is specifically made. Being all of l.ot 224, Cullasaja Club, containing 0.69 acre, as described by survey prepared by Sylvester & Company, P.A., dated December 13, 1999, drawing no. 4050 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically made. Improvements located on the subjcct property are subject to a special act back from thc Cullasaja River as designated and regulated by the Macon County Water She&O, dinancc. 13cing all of Lot 223, Cullasaja Club. containing 0,91 acre, as described by survey prepared by Sylvester & Company, P.A., datcd December 13, 1999. drawing no. 4051 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically made. Improvements located on the subjcct property are subject to a special sct buck from the Cullasaja River as designated and regulated by the Macon County Water Shed Ordinance. 13eictg all of Lot 248 and L,ot 248A, Cullasaja Club, containing 0.74 acre, as described by survey prepared by Sylvcstcr & Company, P.A., dated December 2, 1999, drawing no. 4052 as recorded in Plat Card •.. - :- _ Macon County Public Registry, to which reference is specifically made. Subject to n reserved the thirty (30) feet in width Golf Course Maintenance Easement as reserved unto Cullasaja Joint Venture and Cullasaja Club, Inc., their successors and/or assigns as the same runs over, through and across a portion of subjcct premises as set forth more particularly on subjcct plat. Being that certain casement for Golf Course Maintenance as reserved in Section 7.07 of the First Amendnreat of Declaration of Covenants. Restrictions and Easements for Cullasaja Club as recorded in Book L-1 7, Page 344, Macon County Public Registry and in Book 672, Page 20, Jackson County Public Registry, to which reference is specifically made. Being all of Lot 249 and Lot 249A, Cullasaja Club, containing O,i;6 acre, as described by survey prepared by Sylvester & Company, P.A., dated December 2, 1999, drawing no. 4053 as recorded in Plat Card , Macon County Public Registty, to which reference is specifically made. Subjcct to a reserved the thirty (30) feet in width Golf Course Maintenance Easement as reserved unto Cullasaja Joint Venture and Cullasaja Club, Inc., their successors and/or assigns as die same runs over, through and across a portion of subject premises as sct forth more particularly on subjcct plat. Being that certain casement for Golf C:our a Maintenance as reserved in Section 7.07 of the First Amendment of Declaration of Covenants, Restrictions and 1 ase:nentc for Callawja Club as recorded in Book I: 17, Page 344, Macon County Public Registry and in Book 672, Page 20; Jackson County Public Registry, to which reference is specifically made. Being all of Lot 250 and Lot 250A, Cullasaja Club, containing 0.80 acre, us described by survey prepared by Sylvester & Company, P.A., dated December 2, 1999, drawing no. 4054 as rccordal in Plat Card , Macon County Public Registry, to which reference is specifically made. Subject to s reserved the thirty (30) feet in width Golf Course Maintenance Casement as reserved unto Cullasaja Joint Ventura and Cullasaja Club, Inc., their successors and/or assigns as the same runs over, through and across a portion of subjcct premises as sex forth more particularly on subjcct plat. Being that certain easement for Golf Course Maintenance as reserved in Section 7.07 of thc First Amendment of Declaration of Covenants, Restrictions and Easements for Cullasaja Club as recorded in Book L-17. Page 344. Macon County Public Registry and in Book 672, F'age 20, Jackson County Public Registry, to which reference is specifically made. Being all of that certain Tract described as thc Cullasaja Club Eotreuice Area. including Guard I -louse, as the same is described inorc particularly according to a survey prepared by Sylvcstcr & Company, Y.A., dated Fcbr-cuary 2000 as recorded in Plat Carol . Macon County Public Registry. to which reference is specifically made. A-5 Subject to those certain road rights -of w Ly withiri Cullasaja Club as conveyed by Cullasaja Joint Venture to Cullasaja Homeowner's Association, Inc. in Book C-18, Page 287, Macon County Public Registry and in Book 710, Page 650, Jackson County Public Registry, to which reference is specifically made. Subject to thc towns of a certain Easement Agreement for cable service executed by and between Cullasaja Homeowner's Association, Inc. by and between Cullasaja Iomeowner's Association. Inc_, Cullasaja Joint Venture and Security I lightendc Limited recorded in Book H-18, Page 424, Macon County Public Registry and Book 726, Page 560, Jackson County Puhlic Registry, to which reference is specifically made. Subject to the terms and conditions of that certain Easement Agreement dated April 13, 1988 between Cullasaja Joint Venture and Anne W. Scott as recorded in Book V-17,,Page 204, Macon County Public Registry. to which reference is specifically made.. Being -all of the lands and premises known as the Cullasaja Maintenance Building as the same is described more particularly according to a survey prepared by Sylvester & Company, P.A., dated February , 2000 as recorded in Plat Card , Macon County Public Registry, to which reference is specifically madc. Together with a non-exclusive right-of-way for ingress and egress from ll.S. Highway 64 as thc sane is described more particularly on subject plat. Being all of l.nt 124, Cullasaja Club, containing _ acre, as described by survey prepared by Sylvester & Company, P.A., dated , drawing no. _ as recorded in Plat Cabinet 10, Slide , Jackson County Public Registry, to which reference is specifically made. Being all of Lot 196, Cullasaja Club, containing acrc, as described by survey prepared by Sylvester & Company, P.A., dated _ drawing no. _ as •recorded in Plat Cabinet 10, Slide _, Jackson County Puhlic Registry, to which reference is specifically made. Being all of Lot 197, Cullasaja Club, containing _ ^— acre, as described by survey prepared by Sylvester & Company, Y.A., dated , drawing no. _ as recorded in Plat Cabinet 10, Slide , Jackson County Public Registry, and Card , Macon County Public Registry, co which reference is specifically made_ EXHIBIT "B" PERMITTED EXCEPTIONS 1. General and special taxes for 2000 and subsequent years, not yet due an payable. 2. Restrictive Covenants, easements and obligations contained therein, recorded in Book H- 17, at Page 266 of the Macon County Registry and Book 658 at Page 714 of the Jackson County Registry, amended in Book L-17, at Page 344, Book P-18, at Page 148, Book X- 19, at Page 1046-1048, Z-20, at Page 879 and Book , at Page (new Deed) of the Macon County Registry and Book 672, at Page 20, Book 832, at Page 48, Book 746, at Page 345, Book 898, at Page 689 and Book , at Page (new Deed) of the Jackson County Registry. 3. Rights of way of any public or private utilities or public or private roads and sidewalks affecting the property as set forth more particularly on the individual plats of the property described on Exhibit "A". 4. Special setback from the Cullasaja River as designated and regulated by the Macon County Water Shed. This exception will apply only to Lots 217, 218, 219, 220, 221, 222, 223, 224 and 228. 5. Rights of way recorded in Book C-18, Page 287 of the Macon County Registry and Book 710, at Page 650 of the Jackson County Registry. 6. Easement Agreement recorded in Book V-17, at Page 204 of the Macon County Registry. 7. Easement Agreement recorded in Book H-18, at Page 424 of the Macon County Registry and Book 726, at Page 560 of the Jackson County Registry. PUPIL/ Per rnit No. NC0064416 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, Cullasaja Joint Venture is hereby authorized to discharge wastewater from a facility located at the Cullasaja Joint Venture east of US Highway 64 & NC Highway 28 Intersection northeast of Highlands Jackson County to receiving waters designated as Norton Mill Creek in the Savannah 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 September 1, 1998 This permit and the authorization to discharge shall expire at midnight on August 31, 2002 Signed this day August 3, 1998 MAR 2 2 2000 DENR - WtTLR QUALITY POINT SOURCE BRANCH J A. Preston Howard, Jr., P.E.�pirect�jr Division of Water Quality By Authority of the Environmental Management Commission tl SUPPLEMENT TO PERMIT COVER SHEET Cullasaja Joint Venture is hereby authorized to: Permit No. NC0064416 1. Continue to operate an existing 0.15 MGD wastewater treatment facility consisting of a dual train activated sludge facility with tertiary filters, chlorine disinfection and a five day detention effluent holding pond located at Cullasaja Joint Venture, east of US Highway 64 and NC Highway 28 intersection, northeast of Highlands, Jackson County (See Part III of this permit), and 2. Discharge from said treatment works at the location specified on the attached map into Norton Mill Creek which is classified Class C-TR with an additional management strategy to protect downstream ORW waters in the Savannah River Basin. WRITTEN CONSENT OF THE ADVISORY COMMITTEE OF CULLASAJA CLUB, INC. AND CULLASAJA HOMEOWNERS' ASSOCIATION, INC. The undersigned being all of the members of the Advisory Committee of Cullasaja Club, Inc. ("Club") and of Cullasaja Homeowners' Association, Inc. ("Association"), hereby take the following action by unanimous consent in lieu of a special meeting: WHEREAS the Club seeks to acquire certain assets of the developer and to cause the developer to turn the Club over to its members, as voted on and approved by its members at the Special Meeting of the Club Members occurring January 15, 2000, on terms and conditions memorialized in the member resolution of even date; and WHEREAS the Association members voted on and approved at the Special Meeting of the Association Members occurring January 15, 2000, to cause the developer to turn the Association over to its members on certain terms as memorialized in the Association resolution of even date; and WHEREAS the Association members and the Club members, respectively, further voted on and approved that the Advisory Committee, as elected by the members of each, take such action as may be necessary and appropriate to consummate the transaction contemplated by the respective member resolutions mentioned above. NOW THEREFORE be it: RESOLVED that the Advisory Committee hereby approves the terms and conditions of the Sale, Purchase and Turnover Agreement between Cullasaja Joint Venture, Cullasaja Club, Inc. and Cullasaja Homeowners' Association, Inc., dated March , 2000 (the "Agreement"); and it is FURTHER RESOLVED, that the Advisory Committee hereby authorizes the execution and delivery of all documents required to be executed and delivered by the Club or Association, which may be necessary or appropriate to consummate the transaction contemplated by the Agreement in substantial conformity with the Agreement (collectively the "Documents"); and it is FURTHER RESOLVED, that Charles "Lib" Julian hereby act on behalf of the Advisory Committee to cause the parties to the Agreement to finalize such Documents in substantial conformity with the terms and conditions of the Agreement, and to take such other action as may be appropriate and necessary to nable the parties to consummate the transaction contemplated thereby; and it is D G 7 ' r MAR 22i' DENR - WATER Oil'kLITY POINT SOLIq. FURTHER RESOLVED, that the President Elect of the Association or of the Club, as the case may be, or any other officer of the Club or of the Association having requisite power and authority, be hereby authorized to execute and deliver such Documents on behalf of the Club or the Association; and it is FURTHER RESOLVED, that all actions previously taken and hereafter taken by the Club or Association in connection with the transaction contemplated by the foregoing resolutions be hereby ratified, confirmed and approved in all respects, including, but not limited to, the Club's and the Association's entry into and execution of the Agreement; and it is FURTHER RESOLVED, that these Resolutions shall continue in full force and effect and may be relied upon by the Club and the Association until receipt by each of written notice of any change herein. Executed this /3 day of March 2000. Advisory Committee Members: Charles "Lib"`Juli John M. Darden W. M. "Billy" H William F. "Bill" Pike Marilyn M. Watkins FURTHER RESOLVED, that the President Elect of the Association or of the Club, as the case may be, or any other officer of the Club or of the Association having requisite power and authority, be hereby authorized to execute and deliver such Documents on behalf of the Club or the Association; and it is FURTHER RESOLVED, that all actions previously taken and hereafter taken by the Club or Association in' connection with the transaction contemplated by the foregoing resolutions be hereby ratified, confirmed and approved in all respects, including, but not limited to, the Club's and the Association's entry into and execution of the Agreement; and it is FURTHER RESOLVED, that these Resolutions shall continue in full force and effect and may be relied upon by the Club and the Association until receipt by each of written notice of any change herein. Executed this/0 day of March 2000. Advisory Committee Members: Charles "Lib" Julian ept.L.e___.,._. ILA W. M. "Billy" Huffman John M. Darden William F. "Bill" Pike Raymond C. "Pete" Updegraff Marilyn M. Watkins Howard H. Weston MAR— 1 .4-00 69 :5.4 HM a HE. 6265269965 P. 62 FURTHER RESOLVED, that the President Elect of the Association or of the Club, as the case may be, or any other officer of the Club or of the Association having requisite power and authority, be hereby authorized to execute and deliver such Documents on behalf of the Club or the Association; and it is FURTHER RESOLVED, that all actions previously taken and hereafter taken by the Club or Association in connection with the transaction contemplated by the foregoing resolutions be hereby ratified, confirmed and approved In all respects, Including, but ot limited to, the Clubs and the Association's entry into and execution of the Agreement; and It is 9 FURTHER RESOLVED, that these Resolutions shall continue In full force and effect and may be relied upon by the Club and the Association until receipt by each of written notice of any change herein. Executed this day of March 2000. Advisory Committee Members: Charles "Lib" Julian John M. Darden William . "Bill" Pike Raymond C. "Pete" Updegraff Marilyn M. Watkins Howard H. Weston W. . "Bill Huffman Received Mar-14-00 08:55am Fram-0205260885 To-HUNTON AND WILLIAMS Page 02 r 4 FURTHER RESOLVED, that the President Elect of the Association or of the Club, as the case may be, or any other officer of the Club or of the Association having requisite power and authority, be hereby authorized to execute and deliver such Documents on behalf of the Club or the Association; and it is FURTHER RESOLVED, that all actions previously taken and hereafter taken by the Club or Association in connection with the transaction contemplated by the foregoing resolutions be hereby ratified, confirmed and approved in all respects, including, but not limited to, the Club's and the Association's entry into and execution of the Agreement; and it is FURTHER RESOLVED, that these Resolutions shall continue in full force and effect and may be relied upon by the Club and the Association until receipt by each of written notice of any change herein. Executed this _ day of March 2000. Advisory Committee Members: Charles "Lib" Julian W. M. "Billy" Huffman John M. Darden Raymond C. "Pete" Updegraff Howard H. Weston William F. "Bill" Pike )/7 ii/ e%LG /4Zv Marilyn MWatkins