Loading...
HomeMy WebLinkAboutWQCS00238_Owner (Name Change)_20230118 FEARRINGTON UTILITIES, LLC January 13, 2023 North Carolina Division of Water Resources Water Quality Permitting Section PERCS Unit 1617 Mail Service Center Raleigh, NC 27699-1636 Dear Sir/Madam: Enclosed please find the necessary documentation required for a sewer system ownership/name change. Please let me know if you have any further questions or if additional information is needed. Also please note the name of our wastewater system is "Fearrington Utilities, LLC", not "Fearrington Utilities, Inc." as was referenced in the collection system permit issued by NC DEQ on June 18, 2021. The system was transferred from Fitch Creations, Inc., and perhaps that's the source of the confusion? It's perhaps a minor point but could cause problems or delays for us in the future. Could an updated permit be sent to us correcting the name to "Fearrington Utilities, LLC"? Thank you so much for your help with this. Best, 1/4..e.0)) [IV Greg Fitch Fearrington Utilities, LLC RECEIVED JAN 1 8 2023 NCDEQIDWRINPDES 2000 Fearrington Village Center I Pittsboro, NC 27312 919-542-4000 I fearringtonutilities@fearrington.com State of North Carolina Department of Environmental Quality DW R Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16 This form is for ownership changes or name changes of a sewer system permit. Please note that"Permittee"references the existing permit holder,and that"Applicant" references the entity applying for the ownership/name change. Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in the subject field. This form should not be used for permits with NC,NCG,SW or other types of non-sewer permits beginning with WQ. For more information, visit the Division's Water Quality Permitting's website: A. Sewer System Permit Ownership/Name Change(FORM: PNOCF 01-16)Application(All Applications): ® Submit an original completed and appropriately executed application(PNOCF 01-16). ❑ The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T 0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). ❑ The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T.0106(c),an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T.0106(b). B. Existing Permit(All Applications): ® Submit a copy of the most recently issued permit and certification. C. Property Ownership Documentation(All Applications): ➢ The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities: ® Legal documentation of ownership(i.e.,GIS,deed,article of incorporation,or contract),or ❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map,or ❑ Approved board minutes D. Certificate of Public Convenience and Necessity(All Applications where the Applicant is a Privately-Owned Public Utility): ® Per 15A NCAC 02T .0115(a)(1), provide one copy of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non-discharge system. E. Operational Agreements (Applications where the Applicant is a Home/Property Owners'Association or Developer of lots to be sold): ➢ Home/Property Owners' Associations ❑ Per 15A NCAC 02T.0115(c),submit an original properly executed Operational Agreement(FORM: HOA). ❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation,Declarations and By- laws that contain the language required by the Operational Agreement. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T.0115(b),submit an original of the properly executed Operational Agreement(FORM:DEV). F. Package Submitted in Duplicate ® Submit a copy of all required documents in Instructions A-E as required THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED IN DUPLICATE TO: NCDEQ-DWR Water Quality Permitting Section PERCS Unit By U.S.Postal Service: By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 N.SALISBURY ST. RALEIGH,NORTH CAROLINA 27699-1636 SUITE 925 RALEIGH,NORTH CAROLINA 27604 TELEPHONE NUMBER: (919)807-6300 INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of 1 State of North Carolina PaLt Department of Environmental Quality Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16 I. EXISTING PERMITTEE INFORMATION: 1. Permittee's name:Fearrington Utilities,Inc. 2. Signature authority's name:Greg Fitch per 15A NCAC 02T.0106(b) 3. Signature authority's title:manager 4. Permittee's mailing address:2000 Fearrington Village Center City:Pittsboro State:NC Zip:27312-_ 5. Permittee's contact information: Phone number:(919)542-2000 Fax Number( ) Email Address:greg@fearrington.com II. APPLICANT INFORMATION: 1. Applicant's name:Fearrington Utilities.LLC 2. Signature authority's name:Greg Fitch per 15A NCAC 02T.0106(b) 3. Signature authority's title:manager 4. Applicant's mailing address:2000 Fearrington Village Center City:Pittsboro State:NC Zip: 27312-_ 5. Applicant's contact information: Phone number:(919)542-2000 Fax Number( ) Email Address:greg@fearrington.com 6. Representative's name: Greg Fitch 7. Representative's title: manager 8. Representative's contact information Phone number:(919)542-2000 Fax Number( ) Email Address: greg@,fearrington.com III. PERMIT INFORMATION: 1. Existing permit number: WOCS00238 and most recent issuance date:June 18.2021 2. Reason for the permit application:Name Change If other, attach detailed explanation 3. Has the facility been constructed? ®Yes or No 4. Has the facility been certified per 15A NCAC 02T.0116? ®Yes or❑No FORM:PNOCF 01-16 Page 1 of 2 IV. CERTIFICATIONS: Existing Permittee's Certification per 15A NCAC 02T.0106(b): I, 11 l'1 ( aI/f a attest that this application U ((Signature Authority's name&title from Application Item 1.2&3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name,I will continue to be responsible for compliance with the current permit and any discharge of wastewater from this system to surface waters or the land may result in an enforcement action that may include civil penalties,injunctive relief, and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application are note completed and that if all required supporting information and attachments are not included,this application will be returned to me as incomplete. NOTE — In accordance with General Statutes 143-215.6A and 143215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor,which may include a fine not to exceed$10,000 as w 11 as civil penalties up to$25,000 per violation. Signature: F7.1'2e Date: t(l l 12 5 Applicant's Certification per 15A NCAC 02T.0106(b): , ( j '��(�+ m attest that this application `/ (,ignature Auth ity's name&title from Application Item II.2&3.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into the Applicant's name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non- discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included,this application package will be returned to me as incomplete. NOTE—In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation,or certification in any application package shall be guilty of a Class 2 misdemeanor,which may include a fine not to exceed$10,000 as 11 as civil penalties up to$25,000 per violation.Signature: /(� �' l/l Date: l ( ll // Z3 FORM:PNOCF 01-16 Page 2 of 2 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-661, SUB 10 DOCKET NO. W-1341, SUB 0 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application by Fearrington Utilities, LLC, and ) Fitch Creations, Inc. d/b/a Fearrington Utilities, ) ORDER GRANTING 2000 Fearrington Village Center, Pittsboro, ) TRANSFER, APPROVING North Carolina 27312, for Authority to Transfer ) RATES, REQUIRING the Wastewater Utility System and Public Utility) TRANSFER OF BOND, AND Franchise for Providing Wastewater Utility ) REQUIRING CUSTOMER Service in Fearrington Village Subdivision in ) NOTICE Chatham County, North Carolina, and Approval of Rates BY THE COMMISSION: On June 1, 2022, Fearrington Utilities, LLC (Fearrington Utilities), and Fitch Creations, Inc. d/b/a Fearrington Utilities (Fitch Creations) (Applicant) filed with the North Carolina Utilities Commission (Commission) an Application for Transfer of Public Utility Franchise and for Approval of Rates (Application), seeking authority to transfer the wastewater utility system and public utility franchise serving the Fearrington Village Subdivision in Chatham County, North Carolina, from Fitch Creations to Fearrington Utilities, a subsidiary of Fitch Creations. On June 1 and June 24, 2022, Fearrington Utilities filed with the Commission supplemental and additional materials in support of the Application. On September 14, 2022, the Commission issued an Order Requiring Customer Notice. The order stated that the matter may be determined without public hearing if no significant protests were received within 45 days of customer notice. On October 10, 2022, the Applicant filed its Certificate of Service certifying that the required notice had been provided to customers. The time within which customers could protest expired on October 29, 2022, and no protests were received. On December 12, 2022, the Public Staff presented this matter at the Commission's Staff Conference. The Public Staff recommends that the Commission require Fitch Creations to transfer the existing $100,000 bond posted with the Commission to Fearrington Utilities prior to closing on the transfer, approve the transfer of the assets and Certificate of Public Convenience and Necessity (CPCN), approve the requested rates, and require customer notice. 2021 NC E FINDINGS OF FACT 1 Fitch Creations holds a CPCN to provide wastewater utility service to approximately 1,431 customers in the Fearrington Village Subdivision in Chatham County, North Carolina. 2. Fearrington Village wastewater treatment plant's (WWTP's) National Pollutant Discharge Elimination System (NPDES) permit modification was issued under permit number NC0043559 on February 8, 2022. The permit modification states that the North Carolina Department of Environmental Quality approved the request of Fitch Creations to transfer ownership of the Fearrington Village WWTP permit to Fearrington Utilities and authorized operation of the existing 0.27 million gallons per day (MGD) capacity WWTP 3. Fearrington Village Collection System permit (WQCS00238), issued on June 18, 2021, described the overall system consisting of approximately 17.4 miles of gravity sewer. approximately 1.5 miles of force main, three duplex pump stations, and other related appurtenances. 4. Upon acquisition, Fearrington Utilities plans to make capital improvements including the renovation of the existing 270,000 gallons per day WWTP at a cost of $4,186,225. 5. Fearrington Utilities requests to continue to charge the present rates approved for Fearrington Village Subdivision in Docket Nos. W-661, Sub 8, and M-100, Sub 138, as shown below: Residential Flat Rates and Commercial Establishments Not Listed Below: Present Proposed If paid annually in advance $ 259.97 $ 259.97 per year per year Galloway Ridge Apartments and Villas $ 21.67 $ 21.67 per month, per month, per residence per residence Annual Commercial Flat Rates: Fearrington House Restaurant $2,599.23 $2,599.23 Fearrington Inn $2,287.43 $2,287.43 The Market $2,078.63 $2,078.63 Village Beauty Shop $ 806.16 $ 806.16 Fitch Creations, Inc. Admin. Building $ 806.16 $ 806.16 Galloway Ridge Commercial Center $8,578.55 $8,578.55 2 • Reconnection Charges: If sewer service cut off by utility for good cause $ 14.05 $ 14.05 If sewer service discontinued at customer's request $ 14.05 $ 14.05 6. Fearrington Utilities has the technical, managerial, and financial capacity to provide sewer utility service in Fearrington Village Subdivision in Chatham County, North Carolina. 7. Fearrington Utilities has filed all exhibits required with the application. 8. The Public Staff recommended that the current bond surety of$100,000 for Fitch Creations, Inc. d/b/a Fearrington Utilities be transferred to Fearrington Utilities prior to closing on the transfer CONCLUSIONS Based on the foregoing, the Commission concludes that the existing $100,000 bond posted by Fitch Creations should be transferred to Fearrington Utilities and approved by the Commission prior to closing on the transfer, the transfer should be granted, the requested rates should be approved, and customers should be notified. IT IS, THEREFORE, ORDERED as follows: 1. That prior to closing on the transfer, Fitch Creations, Inc. d/b/a Fearrington Utilities shall transfer the $100,000 bond surety with Truist Bank to Fearrington Utilities, LLC, in a form acceptable to and approved by the Commission; 2. That Fearrington Utilities, LLC, is granted a CPCN to provide sewer utility service in Fearrington Village Subdivision in Chatham County, North Carolina, effective upon closing of the transfer of the sewer utility system to Fearrington Utilities; 3. That Appendix A, attached hereto, shall constitute the CPCN for Fearrington Village Subdivision; 4. That the Schedule of Rates, attached as Appendix B, is approved and deemed to be filed with the Commission pursuant to N.C. Gen. Stat. § 62-138. This Schedule of Rates is authorized to become effective for service rendered on and after the date of the closing of the transfer of wastewater system assets to Fearrington Utilities, LLC; 5. That a copy of this Order, including Appendix B attached hereto, shall be mailed with sufficient postage or hand delivered by the Applicant to all customers affected 3 by the transfer no later than 15 days after the date of this Order; and that Fearrington Utilities, LLC, shall submit to the Commission the attached certificate of service, properly signed and notarized, not later than 30 days from the date of this Order; 6. That Fearrington Utilities, LLC shall provide written notification to the Commission that the transfer has been completed within five business days after the closing; and 7. That the CPCN to provide sewer utility service to Fitch Creations, Inc. d/b/a Fearrington Utilities granted in Docket No. W-661, Sub 0, for Fearrington Village Subdivision is cancelled effective on the date Fearrington Utilities, LLC, files with the Commission written notification that the closing of the transfer of the sewer system assets has been completed. ISSUED BY ORDER OF THE COMMISSION. This the 20th day of December, 2022. NORTH CAROLINA UTILITIES COMMISSION ,147 Tamika D. Conyers, Deputy Clerk Commissioners ToNola D. Brown-Bland and Kimberly W. Duffley did not participate in this decision. 4 APPENDIX B SCHEDULE OF RATES for FEARRINGTON UTILITIES. LLC for providing sewer utility service in FEARRINGTON VILLAGE SUBDIVISION Chatham County, North Carolina Residential Flat Rates and Commercial Establishments Not Listed Below: If paid annually in advance $ 259.97 per year Galloway Ridge Apartments and Villas $ 21.67 per month per residence Annual Commercial Flat Rates: Fearrington House Restaurant $2,599.23 Fearrington Inn $2,287.43 The Market $2,078.63 Village Beauty Shop $ 806.16 Fitch Creations, Inc. Admin. Building $ 806.16 Galloway Ridge Commercial Center $8,578.55 Reconnection Charles: If sewer service cut off by utility for good cause $ 14.05 If sewer service discontinued at customer's request $ 14.05 Bills Due: On billing date Bills Past Due: 15 days after billing date Billing Frequency: Shall be annually for service in advance Finance Charge for Late Payment: 1% per month will be applied to the unpaid balance of all bills still past due 25 days after billing date. Issued in Accordance with Authority Granted by the North Carolina Utilities Commission in Docket No W-1341, Sub 0, on this the 20th day of December, 2022.