HomeMy WebLinkAboutNCG551010_owner name change_20221121ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
November 21, 2022
Milton Patrick, Jr.
P.O. Box 212
Warwick, GA 31796
Subject: General Permit NCG550000
Certificate of Coverage (CoC) NCG551010
10590 Lower Alarka Road
Swain County
Dear Permittee:
The Division has approved your request to transfer coverage under the subject General Permit.
Accordingly, the Division hereby issues you a revised version of NCG551010, along with a copy of
NCG550000. Discard any earlier versions of the permit and use this version until further notice. This CoC
is issued pursuant to the requirements of North Carolina General Statue 143-215.1 and the Memorandum of
Agreement between North Carolina and the US Environmental Protection agency dated October 15, 2007 [or
as subsequently amended].
PLEASE NOTE: Your facility discharges to a class C-Trout waterbody. Therefore, you will use the
limits and monitoring frequencies found in Part I, section C. (1.) of NCG550000.
If any parts, measurement frequencies or sampling requirements contained in this General Permit
are unacceptable to you, you have the right to request an individual permit by submitting an individual
permit application. Unless such demand is made, the certificate of coverage shall be final and binding.
This CoC is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the CoC. Contact the Asheville Regional Office prior to
any sale or transfer of the permitted facility. Regional Office staff will assist you in
documenting the transfer of this CoC.
This permit does not affect the legal requirements to obtain any other State, Federal, or Local
governmental permit that may be required. If you have any questions concerning the requirements of the
General Permit, please contact Derek Denard of the NPDES staff [derek.denard@ncdenr.gov].
cc: NPDES file
Sincerely,
li V.7)7
.
for Richard E. Rogers, Jr.
Director, Division of Water Resources
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
GENERAL PERMIT NCG550000
CERTIFICATE OF COVERAGE NCG551010
DISCHARGE OF DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND
OTHER 100% DOMESTIC DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and
the Federal Water Pollution Control Act, as amended,
Milton Patrick, Jr.
is hereby authorized to discharge <1000 gallons per day of domestic wastewater from a
facility located at
10590 Lower Alarka Road
Bryson City
Swain County
to receiving waters designated as Alarka Creek, currently a class C-Trout stream in subbasin 04-
04-04 of the Little Tennessee River Basin in accordance with the effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, II, and III hereof.
This certificate of coverage takes effect 11/21/2022.
This Certificate of Coverage shall remain valid for the duration of the General Permit.
Signed this day 11/21/2022
ii 144
for Richard E. Rogers, Jr.
Director, Division of Water Resources
By Authority of the Environmental Management Commission
ROY COOPER
Governor
JOHN NICHOLSON
Inlrrim Ser',Wry
S. DANIEL SMITH
Dore, for
NORTH CAROLINA
Environmental Quality
PERMIT NAME/OWNERSHIP CHANGE FORM
CURRENT PERMIT INFORMATION:
Permit Number: .NCOO / / / / or NCGS5I/1/O / 1 / f�
1. Facility Name:
II. NEW OWNER/NAME INFORMATION:
1. This request for a name change ie a result of:
/a. Change in ownership of property/company
b. Name change only
c. Other (please explain):
2. New owner's name (name to be put on permit):
(4-61A 0ti,--i & Tr.
3. New owner's or signing official's name and title:
4. Mailing address:
State:
E-mail address:
Zip Code: 3 j'1 t (Q
1^LI hose (fat;
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF
THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
w\ ,1-6, 4)014 ,)
(Person legally responsible for permit)
r
REQUIRED ITEMS:
(Title)
Pe) 6/0)( z 1 z City: 0(W; C1.4
Phone: (2.Z') 2162 ' (it
owl
1. This completed application form
2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation,
or sales agreement)
[see reverse side of this page for signature requirements]
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
919.707.9000
NPDES Name & Ownership Change
Page 2 of 2
Applicant's Certification:
YV ! t-i-6,y1 Pa-hqck airI,, 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:
Date: / 1 ' 1 S 2D22.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Version 11/2020
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SWAiN COUNTY TAX OFFiC.
Date ID• 5•Z.D27-
Stamps (0O.00
PIN (s(alo2D(031'3tp—ri
Signature tGrn0-.
FILED
SWAIN COUNTY NC
DIANA WILLIAMSON KIRKLAND
REGISTER OF DEEDS
FILED Oct 05, 2022
AT 03:36:27 pm
BOOK 00513
START PAGE 0455
END PAGE 0462
INSTRUMENT # 02297
EXCISE TAX $60.00
(ALL TAXES PAID ON THS PARCEL ONLY.)
NORTH CAROLINA GENERAL WARRANTY DEED
Prepared by: Jonathan C. Mattox, a licensed North Carolina attorney.
Brief description for the Index: 0:76 acres, Lower Alarka
Parcel Number: 6662.06.37.3677
Excise Tax $60.00
Does not include the primary residence of at least one of the Grantors. (NC GS § 105-317.2)
TITLE TO THE WITHIN DESCRIBED LANDS IS NOT CERTIFIED BY JONATHAN C. MATTOX OR
BRIGHAM & MATTOX, PLLC UNLESS A WRITTEN TITLE OPINION IS RENDERED.
THIS DEED made this 4th day of October, 2022 by and between:
GRANTOR:
David Keough and Michael Keough,
Trustees of the Duane A. Keough and
Patricia A. Keough Trust dated
February 2, 2009.
435 Cold Springs Road
Bryson City, North Carolina 28713
GRANTEE:
Milton Patrick, Jr. and Tina M. 'Patrick,
husband and wife
PO Box 212
Warwick, GA 31796
The designation Grantor and Grantee as used herein shall include said parties. their heirs, successors, and assigns,
and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey
unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Charleston
Township, Swain County, North Carolina and more particularly described as follows:
See Exhibit A attached hereto and incorporated herein by express reference.
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TO HAVE AND TO HOLD the aforesaid lot or parcel ofland and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee simple
and has the right to convey the same in fee simple, that title is marketable and free and clear of
all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of
all persons whomsoever except for the exceptions hereinafter stated.
Title to the property conveyed is subject to the following exceptions. Easements, restrictions and
rights of way of record and utility lines and rights of way in existence over, under or upon the
property conveyed by this deed and exceptions set forth herein.
Signatures appear on following pages.
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IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first
above written.
/
DeCnd Keough, Trustee of
2009
(SEAL)
ane A. Keough and Patricia A. Keough Trust dated February 2,
County of Orlv,i l \
State of Fi,,T
I, a notary public, certify that the following person(s) personally appeared before me this day,
each acknowledging to me that he or she voluntarily 'signed the foregoing document for the purpose stated
therein and in the capacity indicated: David Keough, Trustee of the Duane A. Keough and Patricia A.
Keough Trust dated February 2, 2009.
Witness my hOrrd and official seal, this ig7M day of NDeY , 2022.
d /
Affix Notary Seal:
otary Signature (Must Match Name on Seal Exactly)
kricey-4- {;i rr):tr\
Notanted Name (Must Match Name on Seal Exactly)
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BK:00513 PG:0458
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first
above written.
(SEAL)
Michael Keough, Trustee of the Duane A. Keough and Patricia A. Keough Trust dated February
2, 2009
County of
State of,
I, a notary public, certify that the following person(s) personally appeared before me this day,
each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated: Michael Keough, Trustee of the Duane A. Keough and Patricia
A. Keough Trust dated February 2, 2009.
icial this �t_� day of , 2022.
Affix Notary Seal:
Lary Signature (Must Match Name on Seal Exactly)
2t S - (tc�
Notary Printed Name (Must Match Name on Seal EYi1fIly)
Date Commission Expires
D0R5 D. AWERA
• �- Notary public • State of Florida
�Commission X HH 100056
1 -p RdB, My Com%n. Expires Mar 9, 2025
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BK:00513 PG:0459
Exhibit A
Lying and being in the Alarka Creek Community, Charleston Township, Swain County,
North Carolina.
BEGINNING on a nail and cap in the centerline of a bridge where Old U.S. Highway #19
crosses Alarka Creek and runs thence with the centerline of Old U.S. Highway #19, N. 45-29 E.
36.15 feet; N. 58-42-10 E. 55.72 feet; and S. 88-28-10 E. 113.32 feet; thence leaving Old U.S.
Highway #19, N. 06-51-30 E. 51.66 feet, passing iron pins at 23.63 feet and at 51.05 feet to a point
in the Railroad right of way; thence with the railroad right of way, S. 82-40-30 E. 185.90 feet;
thence leaving the Railroad right of way S. 06-46-20 W. 124.68 feet passing iron pins at 80.90 feet
and 106.67 feet to the centerline of Alarka Creek; thence down and with the centerline of said
creek, N. $2-56 W. 365.30 feet to the BEGINNING, and containing .76 acre, more or less.
There is also conveyed a right of way and easement to obtain water from a spring located
upon the adjoining property now or formerly owned by Marguerite Tatum and George Tatum, et
al., for a one single family dwelling, together with.the right to lay and maintain water lines over
and across the said property to connect the above described property with the said spring.
This conveyance is made subject to rights of way for Old U.S. Highway #19 and the
Southern Railway.
Being the same property described in the deed from Brooks Michael Anderson and
Margaret H. Dieckelman to Duane A. Keough and Patricia A. Keough, dated September 23,
1997 and recorded in Book 208, page 404, Swain County Registry. See also deed recorded in
Book 370, page 213, Swain County Registry.
(SEAL)
d Keough;'Trustee off a Duane A. Keough and Patricia A. Keough Trust dated February 2,
2009
(SEAL)
Mike Keough, Trustee of the Duane A. Keough and Patricia A. Keough Trust dated February 2,
2009
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Exhibit A
Lying and being in the Alarka Creek Community, Charleston Township, Swain County,
North Carolina.
BEGINNING on a nail and cap in the centerline of a bridge where Old U.S. Highway #19
crosses Alarka Creek and runs thence with the centerline of Old U.S. Highway #19, N. 45-29 E.
36.15 feet; N. 58-42-10 E. 55.72 feet; and S. 88-28-10 E. 113.32 feet; thence leaving Old U.S.
Highway #19, N. 06-51-30 E. 51.66 feet, passing iron pins at 23.63 feet and at 51.05 feet to a point
in the Railroad right of way; thence with the railroad right of way, S. 82-40-30 E. 185.90 feet;
thence leaving the Railroad right of way S. 06-46-20 W. 124.68 feet passing iron pins at 80.90 feet
and 106.67 feet to the centerline of Alarka Creek; thence down and with the centerline of said
creek, N, 82-56 W. 365.30 feet to the BEGINNING, and containing .76 acre, more or less.
There is also conveyed aright of way and easement to obtain water from a spring located
upon the adjoining property now or formerly owned by Marguerite Tatum and George Tatum, et
al., for a one single family dwelling, together with the right to lay and maintain water lines over
and across the said property to connect the above described property with the said spring.
This conveyance is made subject to rights of way for Old U.S. Highway #19 and the
Southern Railway.
Being the same property described in the deed from Brooks Michael Anderson and
Margaret H. Dieckelman to Duane A. Keough and Patricia A. Keough, dated September 23,
1997 and recorded in Book 208, page 404, Swain County Registry. See also deed recorded in
Book 370, page 213, Swain County Registry.
(SEAL)
David Keough, Trustee of the Duane A. Keough and Patricia A. Keough T
2009
.€4*,/ I../ ' (SEAL)
Michael Keough, Trustee of the Duane A. Keough and Patricia A. Keough T
2, 2009
DORIS D. MAIETTA
Notary vubtk - State of Florida
Commission I NH 100056
My Comm. Expires Mar 9, 2025
0513
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EXHIBIT B
CERTIFICATE OF TRUST
NOW COMES,the undersigned, pursuant to NCGS 36C-10-1013 and acknowledges and
says as follows:
1. That the name of the trust is The Duane A. Keough and Patricia A. Keough Trust dated
February 2 /009 ("the Trust").
2. Duane A. Keough and Patricia A. Keough were the settlors of the Trust.
3. David, and Mike Keough are the currently acting Trustees of the Trust.
4. That said trust gives the trustee the powers to sell real property belonging to the Trust located
in Swain County, North Carolina.
5. That the trust is irrevocable.
6. That the above named Trustees have authority to convey the real property belonging to the
Trust and the above named Trustees have authority to execute a deed for the real property
belonging to the Trust.
7. That the federal identification number of said Trust has been or will be supplied to the
Buyer's closing attorney prior to or at closing for said real property.
8. That the trust property was conveyed to the Trustees by deed referred to herein.
9. That the Trust has not been revoked, modified, or amended in any manner that would cause
the representations contained in this certification of trust to be incorrect.
Signed this the 28+4day of 4-04 , 2022.
(SEAL)
vid Keough, Trustee of theYijjrne A. Keough and Patricia A. Keough Trust dated February 2,
2009
(SEAL)
Mike Keough, Trustee of the Duane A. Keough and Patricia A. Keough Trust dated February 2,
2009
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EXHIBIT B
CERTIFICATE OF TRUST
NOW COMES the undersigned, pursuant to NCGS 36C-10-1013 and acknowledges and
says as follows:
1. That the name of the trust is The Duane A. Keough and Patricia A. Keough Trust dared
February 2, 2009 ("the Trust").
2. Duane A. Keough and Patricia A. Keough were the seniors of the Trust.
3. David and Mike Keough are the currently acting Trustees of the Trust.
4. That said trust gives the trusted the powers to sell real property belonging to the Trust located
in Swain Cc'tty, North Carolina.
5. That the trust is irrevocable.
6. That the above named Trustees have authority to convey the real property belonging to the
Trust and the above named Trustees have authority to execute a deed for the real property
belonging to the Trust.
7. That the federal identification number of said Trust has been or will be supplied to the
Buyer's closing attorney prior to or at closing for said real property.
8. That the trust property was conveyed to the Trustees by deed referred to herein.
9. That the Trust has not been revoked, modified, or amended in any manner that would cause
the representations contained in this certification of trust to be incorrect.
Signed this the
day of Otho`r"" , 2022.
(SEAL)
David Keough, Trustee of the Duane A. Keough and Patricia A. Keough T
2009
/1%rs-1,�.4 J 'e.+� (SEAL)
Michael eoitgh, Trustee of the Duane A. Keough and Patricia A. Keou
2, 2009
lf' DQRiS D. MAiETTA
�r/�� Notay Public - State of Florida
�". Commission a NH 1000%
i!!..r," My Comm. Expires Mar t, 2025
oN-Qh