NC0039187_owner name change_20070118

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 18, 2007
Charles W Burkett
Valley View of Asheville, LLC
801 Alton Road, Suite 2
Miami Beach, FL 33139
Subject: NPDES Permit Modification
Permit NCO039187
Valley View Shopping Center
former owner: Lone Star Equities, Inc.
Buncombe County
Dear Mr. Burkett:
Division personnel have reviewed and approved your request to transfer ownership of the subject permit,
received on December 27, 2006. This permit modification documents the change in ownership.
Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain
unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General
Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental
Protection Agency.
If you have any questions concerning this permit modification, please contact the Point Source Branch at (919)
733-5083 extension 363.
Sincerely,
��Alan W. Klimek, P.E.
cc: Central Files
Asheville Regional Office, Surface Water Protection
NPDES Unit File
Iok1tarolina
atura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]% 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Permit NCO039187
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 provisions 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,
Valley View of Asheville, LLC
is hereby authorized to discharge wastewater from a facility located at the
Valleyview Shopping Center WWTP
U.S. Highway 19/23
west of Candler
Buncombe County
to receiving waters designated as an unnamed tributary to Hominy Creek in the French Broad River
Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth
in Parts I, II, Ill and IV hereof.
This permit shall become effective January 11, 2007.
This permit and authorization to discharge shall expire at midnight on October 31, 2010.
Signed this day January 11, 2007.
6,r,,lan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0039187
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Valley View of Asheville, LLC is hereby authorized to:
1. Continue to operate an existing 0.01 MGD wastewater treatment facility with the following
components:
♦ Extended aeration wastewater treatment
♦ Chlorine disinfection
This facility is located on U.S. Highway 19/23 west of Candler at the Valleyview Shopping Center
WWTP in Buncombe County.
2. Discharge from said treatment works at the location specified on the attached map into an unnamed
tributary to Hominy Creek, classified C waters in the French Broad River Basin.

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0
9RWW—MGM
`•" { DISCHARGE POINT
. l � 1 '-� �"� ''lf�� � •`• "\_ f c' 1 _r i t E,/ i, {"'� ✓� ` � Lam"
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'✓ �• �� ' `�\ �• ,.�� % 'lam' �,,� •�
,�r.,�l � `� ` ��°?, �'-- ,, •y� '� � . �
Valley View of Asheville, LLC
Valleyview Shopping Center WWTP
County: Buncombe Stream Class: C
Receiving Stream: UT Hominy Creek Sub -Basin: 040302
Latitude: 35° 32' 34" Grid/ uad: Enka, NC
Longitude: 82° 43' 52"
r
Facility'�f�
Location
(not to scale)
NORTH NPDES Permit No. NC0039187

Permit NCO039187
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
During the period beginning December 1, 2005 and lasting until expiration, the Permittee is authorized
to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample Location
Flow
0.01 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Residue
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NH3 as N
(April 1 — October 31)
7.0 mg/L
35.0 mg/L
Weekly
Grab
Effluent
NH3 as N
(November i —March 31)
18.0 mg/L
35.0 mg/L
Weekly
Grab
Effluent
Fecal Coliform
(geometric mean)
200 / 100
ml
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorinel
28 µg/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent
pH2
Weekly
Grab
Effluent
Footnotes:
1. The limit for total residual chlorine will take effect June 1, 2007. Until then, the permittee shall monitor
TRC (with no effluent limit).
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
PERMIT NAME/OWNERSHIP CHANGE FORM
CURRENT PERMIT INFORMATION:
Permit Number:
1. Permit holder's name-
2. Permit's signing offich
NC00�) / q /1/-/,:�
(Person legally responsible for permit)
1 (Title)
3. Mailing address: 2. H goad it3cw- S-ZD7 City:
State: Zip Code: 1 l Cp 3 Phone: (5 1 tp) 5 qQ - 3 i CEO
E-mail address:
NEW OWNER/NAME INFORMATION:
1. This request for a name change is a result of:
_X—a. Change in ownership of property/company
b. Name change only
c. Other (please explain):
2. N,ew oyvner's name (name to be put on penVi)):
3. New owner's or signing official's name and title:
(Person legally responsible for permit)
C..f
II -- ) C(Title)
4. Mailing address: � A 1 Tc n d - Si.)-r-e, Z City: M iQrYt.t. B2a c h
State: 'r-L Zip Code: 35 13Q Phone: Goi ) SJ�`% �) dd
.E-mailaddress: C ^GJ�44"eb(;C/" ef/77-e`f 00r-,,
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

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:
1, , 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: /130 06
Applicant's Certification:
I,_ V &I tz � 6 , attest that this application for a
name/ownership change has been reviewed and is arcijrate and complete to +tin knot -Nf r"%
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: aze, Date:
THE COOL ED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS SHOULD BE SENT TO THE FO
LLOWING ADDDRESS:
NC DENR / DWQ
NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Version 9-99

2048708
I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
IIIIIIIIIIIIIIII
Doc ID: S17642590003 Type: CRP
Recorded: 08/01/2006 at 01:51:23 PM
Fee ExcisetTaxpage 1 of 3
: $2 200.00
Workflow# 2048708
Buncombe Countyy, NC
Otto W. DeBruhl Register of Deeds
BK4262PG1197-1199
Excise Tax: $2,200.00 Recording Time, Book & Page
Parcel identifier No. 8697.13-03-2319.000
Verified by County on the day of 20
Mail after recording to: Susan S. Barbour, ROD Box 31 File: 35175
This instrument was prepared by: Susan S. Barbour, McGuire, Wood & Bissette, PA
Brief Description for the index
THIS DEED made
NORTH CAROLINA GENERAL WARRANTY DEED
July ib' , 2006, by and between
C077AU110]7
Lone Star Equities, Inc., A Delaware
Corporation
211 Broadway, Suite 207
Lynbrook, NY 11563
GRANTEE
Valley View of Asheville, LLC,
A North Carolina limited liability
company
c/o Charles W. Burkett, IV
801 Alton Road, Suite 2
Miami Beach, FL 33139
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 Buncombe County, North Carolina and more
particularly described as follows:
See EXHIBIT A attached hereto and incorporated herein.

N
The property hereinabove described was acquired by Grantor by instrument recorded in Deed
Book 1431, Page 517, Buncombe County Registry.
A map showing the above described property is recorded in Plat Book , Page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land 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 the premises, in fee simple,
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 hereinabove described is subject to the following exceptions:
SUBJECT to easements, restrictions, rights of way of record and ad valorem taxes not yet
due and payable.
Lone Star E uitie Inc. elaware Corporation
By: t r�y,r�n1
Louis Wiener, President
State of New York, County of Nassau.
I, a Notary Public of the County and State aforesaid, certify that, LOUIS WIENER, personally
appeared before me and who produced satisfactory evidence of his identity in the form of a drivers
license and who acknowledged that he voluntarily executed the foregoing instrument for the
purposes stated therein and that he is the President of Lone Star Equities, Inc., a Delaware
Corporation, Grantor, an that he, as President, being authorized to do so, executed the foregoing
on behalf of the cnd as the official act of the corporation. Witness my hand and official
stamp or seal, thior d of July, 2006.
My
610
Notary Public
JDlirl DP 1;7lG L
of notary typed or printed
NOTARY SEAL HERE:
IC)f-!kf E1 AMt I-Eft-
1 bfsry Pf!b!(-. Sri- c)f New York
Met. 47"7nt
Ouslifiub In N4 aVrhoevter Countv
Commisxi®rI Expires March 30,

EXHIBIT A
BEGINNING at a railroad spike set at the intersection of the centerline of Morgan Branch Road
(SR 1140) with the southern margin of the pavement of US Highway 19-23, said beginning corner
being the identical beginning corner of the property described in Deed Book 1301, at Page 43.1 of
fhe'Buncombe County, NC Registry and running thence with the centerline of Morgan Branch
Road, South_41 ° 12' 36" East 433.57 feet to a P. K. Nail and. continuing South 40' 47' 06" East
48.94 feet to a point; thence leaving said centerline and running South 87° 15' 01" West 52.71
feet to a point; thence North 83' 31' 24" West 766.13 feet to a'/ inch rebar; thence North 120 58'
51" West 39.29 feet to an' rebar; thence North 050 21' 09" East 245.83 feet to a V hollow iron
pin in the southern margin of the pavement of US Highway 19-23; thence with the southern
margin of said pavement, South 89' 33' 35" East 482.19 feet to the point and place of
BEGINNING, containing 4.77 acres more or less and being shown on that plat entitled "Alta
Survey for Valley View of Asheville, LLC an_d Investors Title Insurance Company," dated June 13,
2006 prepared by Beth B. Gilliam, PLS for Hutchison -Biggs & Associates, Inc. and bearing map #
D-06-1655.
BEING.all of that property conveyed to Lone Star Equities, Inc. by deed recorded in Book 1431,
at Page 517 of the Buncombe County, NC Registry.
Subject to all easements, restrictions and rights of ways of record and specifically to that Deed of
Easement recorded in Book 909, at Page 300 of the Buncombe County,: NC Registry.
z