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HomeMy WebLinkAboutWQ0041136_Application_20230915September 13, 2023 VIA FEDERAL EXPRESS DELIVERY and EMAIL (non -disc har2e.reports(ncdenr.2ov) North Carolina Department of Environmental Quality Division of Water Resources Water Quality Permitting Section Non -Discharge Branch — Archdale 942W 512 N. Salisbury Street Raleigh, NC 27604 Re: Non -Discharge Permit Ownership Change 648 Ladson Road, Mills River, North Carolina 28759 (the "Pro er �") Existing Permit Number: WQ0041136 Dear Sir or Madam: This letter is provided to you in connection with that certain Non -Discharge Ownership/Name Change (Form: NDPONC 06-16) Application (the "Application") submitted by Cervini Farms North Carolina, Inc. ("Permit Holder) and Nourse Farms NC Acquisition, LLC ("Assignee"). The purpose of this letter is to inform you of a change in ownership of the Property referenced above as of September 2023, and provide documentation of said change in ownership. Enclosed with this letter please find a copy of the recorded special warranty deed transferring ownership of the Property from 2606778 U.S. Holdings, Inc. ("Grantor" and together with Permit Holder, the "Assignor'), parent corporation of the current permit holder, to Applicant. [Remainder of this page intentionally left blank. Signatures appear on following pages.] 149141661.2 ASSIGNOR: 2606778 US HOLDI GS, INC. By: Name: Christooher .ervmi Title: President CERVINI FARMS NORTH CA LINA, INC. By: Nam ristophcr Cervl Title: President DocuSign Envelope ID: A397D891-6F91-4428-B30C-D40FD7B69913 ASSIGNEE: NOURSE FARMS NC ACQUISITION, LLC By: ,1bLl- Na, Name: John Place Title: President State of North Carolina Department of Environmental Quality DWR Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION This form is for ownership changes or name changes of a non -discharge system permit. Please note that "Permittee" references the existing permit holder, and that "Applicant" references the entity applying for the ownership/name change. For more information, visit the Water Quality Permitting Section's Non -Discharge Permitting Unit website A. Non -Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) Application (All Applications): m Submit an original completed and appropriately executed Non -Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) application. 0 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). 0 The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0I06(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): m Submit a copy of the most recently issued permit. C. Property Ownership Documentation (All Applications): ➢ Per 15A NCAC 02T .0504(f), 15A NCAC 02T .0604(e), 15A NCAC 02T .0704(f), 15A NCAC 02T .0804, 15A NCAC 02T .1004(d), 15A NCAC 02T .1104(d)(7), 15A NCAC 02T .1104(e)(5), 15A NCAC 02U .0201(e) or 15A NCAC 02U .0202(f), the Applicant shall demonstrate they are the owner of all property containing the non -discharge system facilities: m Legal documentation of ownership (i.e., GIS, deed or article of incorporation), or m Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or ❑ Written notarized lease agreement that specifically indicates the intended use of the property and has been signed by both parties, as well as a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107. D. Certificate of Public Convenience and Necessity All Applications where the Applicant is a Privately -Owned Public Utility): ❑ Kr 15A NCAC 02T .0115(a)(1), provide one copy of the Certificate of Public Convenience and Necessity from the Nort lC arolina Utilities Commission demonstratingthe Applicant is authorized to hold the utilityfranchise for the area to be served by the non -discharge system. E. Operational Agreements (All 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 pmratioin—al—merit (FORM --- Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By- laws. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T .0115(b), submit an original of the properly executed (Dperation—aF�ment ORNf--DEVy. F. Operation and Maintenance Agreement (All Applications for Single -Family Wastewater Irrigation Systems): ❑ er , submit an original ot a notarized Operation and Maintenance Agreement &M that has been sitaned and dated by all deeded property owners. THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: By Courier/Special Delivery: By Email: Non -Discharge Branch Non -Discharge Branch — Archdale 942W Non-Discharge.Reports@ncdenr.gov 1617 Mail Service Center 512 N. Salisbury St. Raleigh, NC 27699-1617 Raleigh, NC 27604 Telephone Number: (919) 707-3654 INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION Page 1 of 1 State of North Carolina DWR Department of Environmental Quality Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources FORM: NDPONC 06-16 1. EXISTING PERMITTEE INFORMATION: 1. Permittee's name: Chris Cervini 2. Signature authority's name: Chris Cervini per ll5A NCAC 02T .0106(bY Title: CEO 3. Permittee's mailing address: 269 Erie St S. PO box 192 City: Leamington State: ON Zip: N8H -3C0 4. Permittee's contact information: Phone number: (519 )322 -1959 Email Address: ChrisC lakesideproduce.corr 5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Penmittee or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.613? ❑ Yes or ® No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ® No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ® No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ® No H. FACILITY INFORMATION: 1. Facility name: Cervini Farms North Carolina, Inc. 2. Facility's physical address: 649 Ladson Rd City: Mills River State: NC Zip: 28759 - County: Henderson III. PERMIT INFORMATION: 1. Existing permit number: WQ0041136 and most recent issuance date: 07/25/2023 2. Existing permit type: Other Non -Discharge Wastewater 3. Reason for the permit application: Change of Ownership 4. Has the facility been constructed? ®Yes or ❑ No IV. APPLICANT INFORMATION: 1. Applicant's name: Nourse Farms NC Acquisition, LLC 2. Signature authority's name: John Place per 115A NCAC 02T .0106(by Title: President 3. Applicant's mailing address: 41 River Road City: South Deerfield State: MA Zip: 01373 - 4. Applicant's contact information: Phone number: (413 665 -2658 Email Address: inlace ".noursefarms_com 5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.613? ❑ Yes or ® No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ® No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ® No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ® No FORM: NDPONC 06-16 Page 1 of 2 Existing Permittee's Certification per [$A NCAC 02T .0106(b): I, Chris Cervini attest that this application for (Signature Authority's name & title from Application Item 1.2.) Cervini Farms North Carolina, Inc. (Facility name from Application Item I1.1.) 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, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. 1 will 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 package are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. 1 further certify that the existing Permittee or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per I SA NCAC 02T .010510. NOTE — In accordance th General Sta es 4 - and 143-215.66, any person who knowingly makes any false statement, representation, or cert ica �o in any ap icati package shall be guilty of a Class 2 misdemeanor, which may include a me not to exceed $10,000 as w ll c it penalti up to 25,000 per violation. J Signature: _ _ , _ .. e__._. W.__. Date: Applicant's Certification per 15A NCAC 02T .0106(b): 1 John Place attest that this application for (Signature Authority's name & title from Application Item 1V.2) Nourse Farms NC Acquisition, LLC (Facility name from Application Item 11. L) has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that after reissuance of the permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will 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. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A N-CAC_Q2T A LO- NOTE — In accordance with General Statutes 143-215.6A and 143-215.68, 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 well as civil penalties up to $25,000 per violation. Signature: Date: September 5, 2023 FORM: NDPONC 06-16 Page 2 of 2 Existing Permittee's Certification per 15A NCAC 02T .0106(b): 1, Chris Cervini attest that this application for (Signature Authority's name & title from Application Item 1.2.) Cervini Farms North Carolina, Inc. (Facility name from Application Item II.1.) 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, any discharge of wastewater from this non -discharge system to surface waters or the land will 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 the existing 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 as incomplete. I further certify that the existing Permittee or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.613, 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 well as civil penalties up to $25,000 per violation. Signature: Date: Applicant's Certification per 15A NCAC 02T .0106(b): 1, John Place (Signature Authority's name & title from Application Item IV.2.) Nourse Farms NC Acquisition, LLC (Facility name from Application Item II.1.) that this application for has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after reissuance of the permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will 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. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105(e). 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 well as civil penalties up to $25,000 per violation. Signature: — Date: September 5, 2023 FORM: NDPONC 06-16 Page 2 of 2 BK 4086 PG 144 - 150 (7) DOC# 100 1003625 This Document eRecorded: 09/14/2023 04:2 7:2 0 P M Fee: $26-00 Henderson County, North Carolina Tax: $531000000 William Lee King, Register of Deeds Excise Tax: $53,000.00 Tracts One and Two RIEID #00 10003355 Right of First Refusal Tracts REID #0* 10002251 and 10003286 Prepared bV and return to. Diana R. Palecek Fox Rothschild TI.P 101 N. Tryon Street, Suite 1300 Charlotte, NC 28246 Brief Description for Index: Tracts One and Two: Right of First Refusal Tracts: 648 Ladson Road and 652 Lakeside Five Lane,, Mills River 732 Ladson Road and 784 Ladson Road, Mills River SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED ("Deed") is made this b 2606778 US Holdings, Inc., a Delaware corporation having 13 day of September, 2023, its address at 132 Elliott Street, Leamington, Ontario N8H 1 A4 ("Grantor"), to Nourse Farms NC Acquisition., LLC. a North Carolina limited liability company having its address at 41 River Road, Whately, Massachusetts ("Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration., the receipt and sufficiency of which hereby are acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, (i) in fee simple, all of that certain land situate, lying and being in Henderson County, North Carolina, and being more particularly described on Exhibit A attached hereto (the "Land"), together with all improvements situated thereon and all rights, titles and interests appurtenant thereto (collectively, the Land, improvements and appurtenances are referred to herein as the "Property"), and (ii) all of the Grantor's right, title and interest in and to that Right of First Refusal granted by JOYCE ARLENE TAY OR n/k/a JOYCE T. SAUNOOKE and husband, THONIAS E. SAUNOOKE and ROBERT PAU BA ENGER, Unmarried to CERVINI Special Warranty Deed 147653062.2 submitted electronically by "First American Title Insurance Company - NCS Boston" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Henderson County Register of Deeds. BK 4086 PG 144 - 150 (7) DOC# 100 1003625 FARMS (1993). INC., a corporation existing under the laws of the Province of Ontario which is recorded at Book 3237 at Page 307 in the office of the Henderson County, North Carolina, 0 Register of Deeds, reference to which is hereby made for more certainty of description, which right, title and interest was transferred by Cervl*nl* Farms (1993), Inc. to Grantor by that certain General Warranty Deed recorded in Book 3391 at Page 583 in the office of the Henderson County, North Carolina, Register of Deeds (collectively., the "Right of First Refusar') on those certain tracts of land having current Henderson County REID #10002251 and RETID #10003286 physical addresses of 732 Ladson Road and 784 adson Road, Mills River, North Carolina. The Property does not include the primary residence of the Grantor. The Property was acquired by Grantor by instrument recorded in Book 3391 at Page 583 in the Henderson County, North Carolina Register of Deeds Office. TO HAVE AND belonging to the Grantee TO HOLD the Property and all privileges and appurtenances thereto in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title to the Property as Grantor received, and that Grantor will warrant and defend the title to the Property against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the Property is subject to the exceptions set forth in Exhibit B attached hereto (the "Permitted Exceptions"). [Remainder of thispage intentionally left blank. Signature appears on the following page.] Special Warranty Deed 147653062.2 PG 144 - 150 (7) DOC# 100 1003625 IN WITNESS WHEREOF, as of the day and year first above written, the undersigned have set its hand and seal. PROVENCE OF ONTARIO COUNTY OF ESSEX L GRANTOR: 2606778 US By: ings, Ind (SEAL) Name: Chritopher Cervini Title: President a Notary Public of the aforesaid County and Provence, do hereby, certify that certify that CHRISTOPHER CERVINI personally appeared before me this day and acknowledged that he/she is the Preisdent of 2606778 US HOLDINGS, INC., a Delaware corporation, and that he/she as President, being authorized to do so, voluntarily executed and acknowledged the foregoing on behalf of the corporation. Witness my hand and notarial seal this Signature Page to Special Warrant} Deed 147653062 f September, 2023 0 iffy Public) 1 4 L (Printed Name) My commission expires: Notary Regi'strahon Number: :P � 5 h J)+ BK 4086 PG 144 - 150 (7) DOC# 100 1003625 EXHIBIT A Legal Description of Property TRACT ONE: BEING all of that tract or parcel of land identified as 116.80 acres + -Total Acreage Tracts 2 and 3if as shown on that plat of survey by Stacy Kent Rhodes, PLS, entitled "Plat of Survey for Cervini Farms (1993). Inc. Being the properties described in Deed Book 484 Page 1 Tracts 1 and 2, Mills River Township, Henderson County, North Carolina" dated May 14, 2018 and bearing Job Number 18-022, County Registry, reference to which property by metes and bounds. recorded on June 22, 2018 at Plat Slide 11288, Henderson 0 plat is hereby made for a complete description of the BEING all of Tracts 2 and 3 as contained 'I in that deed to Brannon Farms, Inc. recorded at Deed Book 481 at Page 001 in the office of the Henderson County Register of Deeds. AND BEING all of that property described Farms (1993), Inc., dated July 3, 2018 and County Registry. in that deed from Brannon Farms, Inc. to Cervini recorded in Book 3219, at Page 404, Henderson This conveyance is made SUBJECT TO the rights of way in favor of the State of North Carolina (for Ladson Road SR 1314) and for Duke Power Company and for the riparian rights of others in and to the free flow of the French Broad River. TRACT TWO: BEING all of that 4.50-acre tract identified as "4.50 Acres + - Total" as shown on a map of survey prepared by Stacy Kent Rhodes NC PLS 2959 entitled: "Plat of Survey for Cervini Farms (1993) Inc. - A Recombination of Portions of D.B. 4751 Pg 30 and BOR 3121 Pg 670 with BOR 3219 Pg 404-M1*11s River Township, Henderson County, North Carolina" dated July I 1, 2018 and recorded in the office of the Henderson County, Register of Deeds in 2018 at Plat Slide 11369. Reference to said plat is hereby made for a more complete description of the property by metes and bounds and the said Plat is incorporated herein by reference as if set out in full. BEING 0.22 acres from that property described in Book 3121, Page 670, of the property of Robert Paul Iallenger and Joyce T. Saunooke, and BEING 4.28 acres of that remaining property of Joyce A. Taylor (now Saunooke) described in Deed Book 475, Page 30, Henderson County Registry, which were recombined for tax purposes in that General Warranty Deed/Recombination Deed from Joyce Arlene Taylor a/k/a Joyce T. Saunooke and husband, Thomas aunoo e, and Robert Paul Ballenger, unmarried, to Cervini Farms (1993), Inc. dated August 17, 2018 and recorded in Book 3237, Page 303, Henderson County Registry. BEING all of that property described in that deed from Cervini Farms (1993), Inc. to 2606778 US Holdings, Inc., dated September 26, 2019 and recorded in Book 339 at Page 583, Henderson Countye ister This conveyance is made SUBJECT TO the rights of way in favor of the State of North Carolina (for La son Road SR 1314). This conveyance is further subject to the ad valorem taxes of Henderson County for the current year. Exhibit A: Special Warranty Deed 147653062.2 BK 4086 PG 144 - 150 (7) DOC# 100 1003625 BOTH TRACTS ONE AND TWO being one parcel for tax purposes which has a current Henderson County Tax REID #10003355, and has a current physical address of 648 Ladson Road and 652 Lakeside Five Lane, Mills River, North Carolina 28759. Exhibit A: Special Warranty Deed 147653062.2 BK 4086 PG 144 - 150 (7) DOC# 100 1003625 EXHIBIT B Permitted Exceptions 1. Realty taxes (which term includes charges, rates and assessments) not yet due and owing or, if due and owing, that are adjusted for pursuant to that certain Asset Purchase Agreement., dated as of August 31, 2023, between Grantors and Grantee. 2. Restrictions, by-laws, regulations, ordinances and similar instruments imposed by government agencies affecting the use of land or the nature of any structures which may be erected on the Property, including zoning, land -use and building by-laws and ordinances, provided the same have been complied with or if not complied with, that any non-compliance does not materially impair the value, use or operation of the Property. 3. Minor encroachments by the Property over neighboring land permitted under agreements with neighboring landowners and minor encroachments over the Property by improvements of neighboring landowners permitted under agreements with neighboring landowners that in either case do not materially impair the use or operation of the Property and which agreements are recorded with the local registry of deeds. 4. Any minor title defects, irregularities, easements, rights -of -way, fights to use, servitudes or similar interests revealed by any plan or survey of the Property which would be revealed by an up-to-date survey of the Property and which do not materially impair the use or operation of the Property- 5. Easements and any other facts as shown in Plat Cabinet 2018, Slides 11288 and Plat Slide 11369, Henderson County Registry. 6. Estoppel Certificate (waterline) to City of Hendersonville recorded I*n Book 3484, Page 679, Henderson County Registry. 7. Utility Station and Pipeline Easements to Public Service Company of North Carolina, Incorporated d/b/a Dominion Energy North Carolina recorded in Book 3487, Page 3174,, Henderson County Registry. 8. Easement(s) to Duke Power Company recorded in Book 455, Page 104, Henderson County Registry. 9. The right of way of Ladson Road (S.R. 1314)0 10. Any inaccuracy in the area, square footage or acreage of the Property. 11. Riparian and/or littoral rights and rights of others in and to the flow of waters over, upon or adjacent to the Property. 12. Title to that portion of the Property below the high-water line of the French Broad River and any other waterways bounding or coursing the Property. Exhibit B: Special Warranty Deed 147653062.2 BK 4086 PG 144 - 150 (7) DOC# 100 1003625 13. All matters shown on that certain ALTA/NSPS Land Title Survey for TBD and Associates prepared by Hill Number: C-1991, Exhibit B: Special Warranty Deed 147653062.2 P1 . A. by Stacy Kent Rhodes, dated July 13, 2023, last revised , 20231 File: 18022A. LLC N.C.P.L.S., License