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