NC0080098_Permit Modification_20020920

OF WATF�4
r NCDENR
0 �
Mr. Russell McNutt
Blue Ridge Country Club Development LLC
45 Blue Ridge Drive, Suite A
Marion, North Carolina 28752
Dear Mr. McNutt:
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, 1P.E., Director
Division of Water Quality
September 20, 2002
Subject: Modification of NPDES Permit NC©080098
Blue Ridge Country Club
McDowell County
The Division received your request to modify the subject permit on September 27, 2001. In accordance with
your request, the Division is modifying the subject permit to reflect the change in ownership.'
Please find enclosed the revised pages, which should be inserted into your permit. The old pages may then be
discarded. 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 1437215.1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency.
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) dlays
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 (6714 Mail Service Center, Raleigh, North
Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding.
If you have any questions concerning this permit modification, please contact Valery Stephens of the Point
Source Branch at [phone], extension 520.
Sincerely,
i
dtiAlan W. Klimek, P.E.
cc: Central Files
Asheville Regional Office, Water Quality Section
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDIES

Permit NCO080098
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, the
Blue Ridge Country Club Development, LLC
is hereby authorized to discharge wastewater from a facility located. at the
Blue Ridge Country Club and Golf Course
U.S. Highway 221 near Ashford
McDowell County
to receiving waters designated as the North Fork Catawba River in the Catawba
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 September 20, 2002.
This permit and authorization to discharge shall expire at midnight on December 31, 2004.
Signed this day September 20, 2002.
G
Op- an W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NCO080098
SUPPLEMENT TO PERMIT COVER SHEET
Blue Ridge Country Club Development, LLC is hereby authorized to:
1. Continue to operate an existing 0.202 MGD wastewater treatment system with
the following components:
♦ Equalization tank
♦ Dual path aeration tanks
♦ Dual path clarifiers
♦ Tertiary filters
♦ Chlorination & dechlorination
♦ Flow meter
This facility is located at the Blue Ridge Country Club and Golf Course on U.S.
Highway 221 near Ashford in McDowell County.
2. Discharge from said treatment works at the location specified on the attached
map into the North Fork Catawba River, classified C-Trout waters in the Catawba
River Basin.

UO/ UZI zuu1 41. a. Y
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
RQ G�t��cr`1(1S�!
4 Jo
for p,.c -Tgo Pe nidSn9
NCDENR
NORTH C�OLINA DFPARTMEHT OF
ENVIROMMFNT AND NATURAL RLSOUHCE.S
PERMIT NAMEMMERSHIP CHANGE FORM
1. CURRENT PERMIT INFORMATION:
Permit Number: NC00a 9 / a
1. Permit holder's name: Blna Ril1gP rnnnr Tv rinh T. ITT)
2. I Permit's signing official's name and tide: Edward 1 Mever
(Person legally responsible for permit)
(Title)
3. Mailing address: PO Box 88 city: Linville Falls
State: NC Zip Coda: 28647 Phone:( 828 ) 756-7001
E-mail address:
H. NEW OWNERINAME 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. New owner's name (name to be put on permit):
Blue Ridpre Country Club Development LLC
3. New owner's or signing official's name and title; RnggP11 a MPNnrt Q olp
(Person legally sponsible for permit)
P ir1Pnr
(Title)
d. Mailing address: 45 Blue Ridee Drive, Ste A City: Marion
Stale: NC Zip Code:28752
E-mail
tlil I Maul :if?fvi(:e Center, Raleigh, North Carolina 27699.1617
All Equal Opportunity Affirmative Action Employer
Phone:(828 ) 756-4214
Telephone [phone] FAX [phone]
50% recycled / 10% post Sumer paper
08/03/2001 FRI 13:33 [TX/RX NO 88401 000

08/03/2001 13:36 4 PAGE 03
PERMIT NAME I 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 SUBM T1
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.
i
For name change only. the current permit holder' must complete and sign the Applicant's
Certification.
Current Permittee's Certification: AAA i 1a.bl e
IF _ , 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:
Applicant's Certification:
Date:
I, Russell A. McNutt , 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: 14. Looj
q
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATF-RIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DENR 1 DWO
NPDES Unit
1617 Mail Service Canter
Raleigh, North Carolina 276994 SIT
Version 9-99
08/03/2001 FRI 13 : 33 [TX/RX NO 88401 IM 003

NORTH CAROLINA
AGREEMENT
McDOWELL COUNTY
THIS AGREEMENT, made and entered into this the 11) day of August, 2000, by and
between BLUE RIDGE COUNTRY CLUB 1, LTD., of Florida, a limited partnership (hereinafter
called "LTD"), BLUE RIDGE COUNTRY CLUB DEVELOPMENT, L.L.C., a North Carolina limited
liability company (hereinafter called "LLC") and RUSSELL A. McNUTT and wife, ANN W.
McNUTT, of McDowell County, North Carolina (hereinafter called "McNutt");
WHEREAS LTD has agreed to convey to L.L.C., all property which it owns in North Cove
Township, McDowell County, North Carolina, except for Lot #170, this property being all the
property encumbered by deeds of trust to John Noblitt, Trustee for Per Ivan Lundberg, as
Receiver for IM Invent, AB, a Swedish corporation and more particularly described on the
attached Exhibit "A'
AND WHEREAS, Russell A. McNutt and Ann W. McNutt have been assigned the notes
and the deeds of trust on the property above as evidenced by those certain Assignments dated
June 6, 2000 from Per Ivan Lundberg as Receiver for IM Invent, AB, a Swedish corporation, to
Russell A. McNutt and wife, Ann W. McNutt;
NOW, FOR AND IN CONSIDERATION of the mutual covenants and agreements herein
made, the parties agree with each other as follows:
LTD will convey to LLC the property referred to above and as described in that
certain Deed attached hereto as Exhibit "A", absolutely and free of any right of
redemption or other right or interest of LTD. This conveyance shall include all
.buildings, fixtures, and improvements located on the property and all
appurtenances belonging thereto. LTD will have no further claim as to the
premises conveyed or any profits that may be derived therefrom.
2. As the holder of the note and deeds of trust secured by the property described
above, McNutt agrees with LTD that it was a non -recourse note and deed of
trust, LTD does not have any obligation to pay the debt beyond the return of
the property, and upon the re -conveyance and recording of the deed to the
property to the LLC, LTD shall have no obligation to pay any of the debt and
shall be fully and completely discharged from the obligation to pay the debt
arising under the note and deed of trust originally to Per Ivan Lundberg and
now assigned to McNutt.

3. LTD has made an independent determination of the fair market value of the
premises and believes the amount of the indebtedness exceeds the fair market
value of the premises. The premises are unable to generate sufficient income
to repay the debt, and the consideration to be
received by LLC pursuant to the terms of this agreement represents fair
consideration for the conveyance of the premises.
4. Each party to this agreement represents and warrants that all necessary action
on the part of each party has been taken in connection with the execution,
delivery.,and performance of this agreement and the execution, delivery and
performance by each party of this agreement does not constitute a violation of
breach of any such party's Articles of Incorporation, by-laws or other
agreements by which the party is bound.
5. LTD signs this agreement voluntarily and without coercion or duress of any
kind and further represents that LTD is prior to the date of the conveyance
solvent and has a net positive worth and also after the date of the conveyance
will continue to be solvent and have a positive net worth. It expects to pay all
of its creditors, and the parties have not entered into this transaction to
provide preferential treatment to the holder of the note and deed of trust, or
any other creditor, and LTD is not anticipating filing for any relief under the
Bankruptcy Code. LTD will sign an Affidavit as to the matters in this paragraph
upon request and will also execute a lien waiver along with the execution of the
deed.
6. The parties acknowledge notwithstanding the release in this agreement, the
note and deed of trust remain in frill force and effect and will not merge into
the title to the property.
7. LTD and all of its officers and agents agree they will immediately resign as
officers of the POA effecting this subdivision and will absolutely and completely
cooperate with LLC, its agents and employees in turning the control of the POA
and all of its assets to LLC. LLC acknowledges that it will run the POA as
appropriate and see that the POA pays its just obligations to the extent of its
assets, including the payments due to LTD for certain leased equipment owned
and used by the POA.
8. LTD further agrees that as additional consideration for this agreement it hereby
transfers and conveys to LLC all the various permits it holds for the project,
including any licenses, utility permits, and environmental permits. It will
further transfer and assign to LLC any plans, advertising materials, and other
like matters effecting the property transferred to LLC, but not including
property retained by LTD outside of the conveyance, or by its affiliates,
partners, or other associates.

IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands
and seals, in triplicate originals, on this the day and year first above written.
BLUE RIDGE COUNTRY CLUB I., LTD, A FLORIDA LIMITED
PARTNERSHIP BY: BLUE RIDGE COUNTRY CLUB, INC., A
FLORIDA CORPORATION
BY•• 4� &Zt�z 0 ZL6e:iL==Edward J. Meyer resident
ATTEST:
Christina L. Graham, Assistant Secretary
(Corporate Seal)
BLUE RIDGE COUNTRY CLUB DEVELOPMENT, L.L.C.
a North Carolina Limited Liability Company
(SEAL) AA
By: -
Russell A. McNutt., Managing Partner
By ... u3 !-r�
Ann W. McNutt, Managing Partner
S&ANdz/z 42 (SEAL)
RUSSELL A. MCNUTT
fy • byte (SEAL)
ANN W. McNUTT

NORTH CAROLINA
McDOWELL COUNTY
I, a Notary Public of the County and State aforesaid, certify that Christina L. Graham,
personally came before me this day and acknowledged that she is Assistant Secretary of Blue
Ridge Country Club, Inc., a Florida corporation and General Partner of Blue Ridge Country Club
I, Ltd., a Florida Limited Partnership and that by authority duly given and as the act of the
corporation and on bghalf of said limited partnership, the foregoing instrument was signed in
its name by its President, sealed with its corporate seal and attested by her as Its Assistant
Secretary.
WITNESS my hand and official st or seal, this the day of August, 2000.
NOT RY PUBLIC
My Commission Expires:
NORTH CAROLINA
McDOWELL COUNTY
I, a Notary Public of the County and State aforesaid, certify that Russell A. McNutt and
Ann W. McNutt personally came before me this day and acknowledged that they are the
Managing Partners of Blue Ridge Country Club Development, L.L.C. , a North Carolina Limited
Liability Company and that by authority duly given and as the act of the limited liability
company, the foregoing instrument was signed in its name by its Managing Partners and
sealed with its seal.
WITNESS my hand and official stain or seal, this the I0 day of August, 2000.
NOT RY PUBLIC
My Commission Expires:
I- gig- �?-GD-

• s '
NORTH CAROLINA
McDOWELL COUNTY
1, a Notary Public of the County and State aforesaid, certify that RUSSELL A. McNUTT
and wife, ANN W. McNUTT, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
WITNESS my hand and officia4NRVY
or seal, this the day of August, 2000.
PUBLIC
My Commission Expires:
a-JAV- 01y04

BLUE RIDGE COUNTRY CLUB DEVELOPMENT LLC
394 Hunnicut Mountain Road,
Marion, N.C. 28752
State 6f North Carolina,
Dept. of Environment
and Human Resources,
Division of Water Quality,
1617 Mail Service Center,
Raleigh, N.C. 27699-1617
Dear Sirs:
24th September 2001
Blue Ridge Country Club Waste Water System
Subject: Change of Ownership
Herewith are executed copies of the NCDENR Permit Name/
Ownership Change Forms dated August 14 2001 which show the
change of ownership of the waste water system of the Blue
Ridge Country Club from Blue Ridge Country Club I Ltd to
the Blue Ridge Country Club Development LLC.
Yours sincerely,
40. )�Cyow-
Russell A. McNutt,
President, BRCC Dev. LLC
Attachment: Copy of Deed.
Copies: Kennedy Covington Attn: Stanford Baird
McGill Assoc. Attn. Mike Lewandowski