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Home My WebLink AboutNC0080098_Permit Modification_20111020North Carolina Beverly Eaves Perdue Governor WILL RUCKER NCDEENR Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director October 20, 2011 LFMC POA PRESIDENT LINVILLE FALLS CLUB PROPERTY ASSOC INC PO BOX 145 LINVILLE FALLS NC 28647 Dear Mr. Rucker: Dee Freeman Secretary Subject: NPDES Permit Modification- Name and/or Ownership Change Permit Number NCO080098 Linville Falls Mountain Club & Preserve McDowell County Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on October 17, 2011. This permit modification documents the change of 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) 807-6304. S11 re1�, Coleen H. Sullins cc: Central Files Asheville Regional Office, Surface Water Protection NPDES Unit File NCO080098 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 NorthCatollina. Internet:ualppw.ncwaterquialive c �atura /Y An Equal Opportunity, 1 Affirmative Action Employer 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 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, Linville Falls Club Property Association, Inc. is hereby authorized to discharge wastewater from a facility located at the Linville Falls Mountain Club and Preserve 17677 US Highway 221 North Linville Falls, NC 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 October 19, 2011. This permit and authorization to discharge shall expire at midnight on December 31, 2014. Signed this day October 19, 2011. rjZ � f12 ColgeoA. Sullins, Director Di ion of Water Quality By Authority of the Environmental Management Commission f Permit NC0080098a SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit"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. Linville Falls Club Property Association, Inc. 1. Continue to operate an existing 0.025 MGD WWTP consisting of the following treatment components: ♦ Influent flow meter ♦ Equalization tank ♦ Dual path aeration tanks ♦ Dual path clarifiers ♦ Tertiary filters ♦ Chlorination and dechlorination ♦ Effluent flow measurement 2. This facility is on the Linville Falls Mountain Club and Preserve, at 17677 US Highway 221 North, Linville Falls, NC in McDowell County. 3. After obtaining an Authorization to Construct from the Division to construct and operate a 0.202 MGD wastewater treatment facility. 4. Discharge from said treatment works at the location specified on the attached map into the North Fork Catawba classified C-Trout waters in the Catawba River Basin. Permit NCO080098 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration or expansion beyond 0.025 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample Location Average Maximum Frequency Type 50050 - Flow 0.025 MGD Continuous Recording Influent or Effluent 00310 - BOD, 5-day (20°C) 5.0 mg/L 7.5 mg/L Weekly Composite Effluent (April 1 —October 31) 00310 - BOD, 5-day (20°C) 10.0 mg/L 15.0 mg/L Weekly Composite Effluent (November 1 —March 31) 00530-Total Suspended 5.0 mg/L 7.5 mg/L Weekly Composite Effluent Solids 00610 - NH3 as N 2.0 mg/L 10.0 mg/L Weekly Composite Effluent (April 1 — October 31) 00610 - NH3 as N 4.0 mg/L 20.0 mg/L Weekly Composite Effluent (November 1 — March 31) 00300 - Dissolved Oxygen2 Weekly Grab Effluent Upstream & Downstream 31616 - Fecal Coliform 100 / 100 ml 200 / 100 ml Weekly Grab Effluent (geometric mean) 50060 - Total Residual 17 pg/L 2/Week Grab Effluent Chlorine 00010 - Temperature (°C) Weekly Grab Effluent Upstream & Downstream 00600 - Total Nitrogen Semi-annually Composite Effluent (NO2+NO3+TKN) 00665 - Total Phosphorus Semi-annually Composite Effluent 00556 - Oil and Grease 30.0 mg/L 60.0 mg/L Weekly Grab Effluent 00400 - pH > 6.0 and < 9.0 s.u. Weekly _ Grab Effluent Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = 1 mile downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. The Division shall consider all effluent TRC values reported below 50 ug/I to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/l. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO080098 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning upon expansion to beyond 0.025 MGD 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 LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location' 50050 - Flow 0.202 MGD Continuous Recording Influent or Effluent 00310 - BOD, 5-day (20°C) 5.0 mg/L 7.5 mg/L Weekly Composite Effluent (April 1 —October 31) 00310 - BOD, 5-day (20°C) 10.0 mg/L 15.0 mg/L Weekly Composite Effluent (November 1 — March 31) 00530 - Total Suspended 5.0 mg/L 7.5 mg/L Weekly Composite Effluent Solids 00610 - NH3 as N 2.0 mg/L 10.0 mg/L Weekly Composite Effluent (April 1 — October 31) 00610 - NH3 as N 4.0 mg/L 20.0 mg/L Weekly Composite Effluent (November 1 — March 31) 00300 - Dissolved Oxygen Weekly Grab Effluent Upstream & Downstream 31616 - Fecal Coliform 100 / 100 ml 200 / 100 ml Weekly Grab Effluent (geometric mean) 50060 - Total Residual 17 pg/L 2/Week Grab Effluent Chlorine3 00010 - Temperature (°C) Weekly Grab Effluent Upstream & Downstream 00600-Total Nitrogen Semi-annually Composite Effluent (NO2+NO3+TKN) 00665 - Total Phosphorus Semi-annually Composite Effluent 00556 - Oil and Grease 30.0 mg/L 60.0 mg/L Weekly Grab Effluent 00400 - pH > 6.0 and < 9.0 standard Weekly Grab Effluent units Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = 1 mile downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. The Division shall consider all effluent TRC values reported below 50 ug/I to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/I. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO080098 A. (3.) PHASED CONSTRUCTION CONDITION Plans and specifications for the next phase and an Engineering Alternative Analysis (EAA) shall be submitted when the flow to the existing units reaches 80% of the design capacity of the currently installed (0.025 MGD) facilities. At no time may.the flow tributary to the facility exceed the existing design capacity. Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C 0 0 Is 10 10 19 8 N C I G S Permit status prior to status change. a. Permit issued to (company name): ReProp Financial Mortgage investors, LLC et al b. Person legally responsible for permit: Goldan C/O Chuck Glenn Salas First MI Last Manager Title 4711 Viewridge Avenue, Suite 270 Permit Holder Mailing Address San Diego CA 92123 City State Zip (858) 560-4505 (858) 442-2137 Phone Fax c. Facility name (discharge): Linville Falls Mountain Club Preserve d. Facility address: 17677 US Highway 221 North Address Marion NC 28752 City State Zip e. Facility contact person: Curently: Glenn Goldan (707) 8454487 First / MI / Last Phone Please provide the following for the requested change (revised permit). a: Request for change is a result of: ❑ Change in ownership of the facility Name change of the facility or owner If other please explain: See letter of 9/14/11; QD recorded 9/4/98; GWD recorded I 1/22/96 {attached) b. Permit issued to (company name): Linville Falls Club Property Association, Inc. - c. Person legally responsible for permit: First MI Last Title go o U V Permit H Ider Mailing Address o �� l[� f�.i[s � a <&6q-7 L-E C T X 7 2011 City State Zip t ) R.wA R 1 Phone E-mail Address 6 g Linville Fall Mountain Club Preserve e. Facility address: 17677 US Highway 221 North Address Marion NC 28752 City State Zip f. Facility contact person: AV,,XI PV- 6 &e___- First MI Last i�Et;MIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 e M-9 ) r-i s6 — t4 -3 i <, 6� e ^ '�' A�-- te, Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: First MI Last Title Mailing Address City State Zip Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL, BE RETURNED UNPROCESSED IF ITEMS ARE INCOIVIPJLETE OR MISSING: This completed application is required for both name change and/or ownership change requests. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is re®� for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PlERMITTEE CERTIFICATION (Permit h lder prior to ownership change): I, Chuck Salas & Glenn Goldan, att st that . application for a name/ownership change has been reviewed and is accurate and complete to t st y knowledge. I understand that if all required parts of this application are not comp ed hat ' required supporting information is not included, this application PPckage will be return i pie 10411 1 it tolit 11 Signature ;! es Date AP �fC R C ICATION Affest at 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 is not included, this application package will be returned as incomplete. Signature Date wi ti �u cam-- t L-F p,�L Po„ PLEASE SEND THE COWLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Revised 112009 PEkMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Raleigh, North Carolina 27699-I617 Reftd 91M ReProp 1-nC*-"H1 C1 !ka September 14, 2011 Bob Guerra NCDENR 512 N. Salisury Street Raleigh, NC 27699 Re: NPDES Permit No. NC0080098 Linville Falls Mountain Club & Preserve McDowell County Dear Guerra, Mortgage Banking Commercial, Industrial, Construction, Ag & Land Lending Asset Management Mortgage Backed Securities 555 H Street Eureka CA 95501 main: 707.444.7711 fax: 707.444.7700 info@reprop.net www.repropfinandal.com Attached please find the above mentioned permit issued November 29, 2010 to ReProp Financial Mortgage Investors, LLC & Diversified Lending Group, Inc, as tenants in common. These parties came into title of the development known as the Linville Falls Mountain Club and Preserve by way of a foreclosure on a loan the parties made to an entity known as CVG II. The parties have since transferred their interests into RDLG, LLC and I am the managing member. Initially we did not know who was the rightful operator of both the private domestic water system and waste water disposal and but knew that the operating permit for the disposal system needed work which is when you and Chuck Salas had some conversations which led to this permit being issued. In December of 2010, we determined that the POA at Linville Falls was the actual owner and operator of both systems dating back to the late `90's as to the disposal system and the early '00's as to the domestic water supply. We have yet to find a copy of any domestic water supply permit assuming one exists. understand that in a recent conversation you had with Will Rucker, president of the POA, you have requested a letter from both of us approving the transfer of the permit. Hopefully this letter serves that purpose from our end. I have agreed to take care of any transfer cost so please let me known if there are any. Sin kGold Glen Attachements: Cc: Permit # NCO080098 Quitclaim Deed VWVTP Book 568 Page 476 Will Rucker Chuck Salas 476 • r•� �J1�ii1..D • Bl Bids countrx Club Pats er Mhubvm=wapMPA=d aacsis ' 6 Poore, P.A., PO Box 248, B ce Pine, BC 28777 QUrtCtdUM OEM 1 PdatedNW(WSW**►)Into:MUZO&Q.bw-ZO.e*rIV, YWdtrAtla,W.C.V= STATE Of NORTH CAUGUNA, Ma-DwO3.4 MY; THIS DUD. Made V4M&W1 nM tk 31 i Waf AuquGt-w�•g.�.., 4and wbvm -- Blue Rifts 63stttz-v Club I, Ltd. , a Florida LiU iced Partnership of Ctststtl� ww 5mse of North ttttottna, ht erCaited Grenw, Bad McDowellBlue Ride County Club PX_0Perty Owuere Aasociationc Inc. � Gos:sasyosdSlareaf►�arta�ro(}�, RetcaEadGtattttte,�vltosaprrraattenittt�il�tgad&stt ' 44 ' b11RidT�, •. r Thd ON Cult, fV aM m atjSidaradm of rho tttm of tan Dnimu (SIM= to Ma M Mtsd oaK dw t cd% d which is hemby add*wftdS4 bars amt %W wW R69assd and bV ttittba FMMW dog trt Mk% nhose, wwjY. wW iemw gt hchka am t1tt: Gmfte. WS Adis aftwor MMMO s and abbfm 41 ftft aft CwM and tttoe ei of the Granmr to Md to a Mtn ;at or taros! of btul tying Oral baby to Worth cove TOWASW i,�a , Noah Cwtltrte, OW rnm byducalhedass ,�Doireil at the narthernmoat point of the vparty herein deacrlbea, the same being W 49' 339 54" W 451.59 feet frcan the beginning corner Of that parapa;ty described is Book. 468, page 818 of the'gSoDowell County Registry; thauce 8 550. 30' 58" R 68.44 ' feet to a point at the edge of the north fork of Catawba River, the same being 9 589 31' 51° a 238"s feet fxom MCOS montut"at "PWA" , H m 187, 703.655 feet, 2 m 1,129,112.332'fast, WW- 27; thence with the edge of the river S 29° 58' 349 W 61.13 feets S 260 39' 50" W 33.61 feet, 6 166 07' 34" W 40.99 feet, 8 246 27' 130'9l 58.22 feet, S 290 53' 44- W 32.54 feet,.S 279'474 36" V 33.81 feet, g 25° 46' 23Q W $2.40 feet: thence leaving the edge of the river W 63° 35. 000 w 97.02 feet to an existing aanarste mOn1 MOAt; thence M 290 48' 16n• 8 182.01 feet to a point; thence 13 320 41''370 R 139,77 Feet to tho point Of , gdntaiAing .61 acre by MID. This conveyance is made subjeot to those beclaratione of Restrictions Of Record in Hook 425, page 704; Book 512, Page 321= Dodk 321, - P3ga 987; and Hank 522, Page 97, of the McDowell County Regi8try,. and as r+arecorded. RUMMR LU HacP , rage 818 Offtthhe Xc it County Registry described AM) Z=M that Prcpert3► described In Uap Book `__g .page ��...`, of the McDbWell County Aegistry.. 3 unto the Grautor those ea4exmeats of •record in Boost �.�'!s[i ' _. page __ VS0 .,w.. of the NaDawelf County Registry. SMMCi to that 11aeement Agreement of record in Hoch: &'a4g ' , oia the bscDvv�ell County Registry, the terms of: which are. ereby incorporated by reference. - Jew PA?Rt01A A REEL Q£OMLL 40oUgffs He 19+ �ar[d co F�td t� tat of pettact of tamed � nit �!� t1p tg to his», the Gr$etOne, tsk hairts astdlas scree grad aa�slgrti. tip erred d id ftm adt d*& tft dabs, cr ftuM of the enputa dabftbv. Vmuo at t rw# bim 7:rr �Sa , srxi �tassme m cued hCrdA stadt irrcta:dasddpxnM4 th*h4Y,4w==UM ww ash. and n�eu8 ttttitld's adngulsr, p�tfa6 t►f; ftKeslmtne ar ss�ter as a�utred by oatdaart. �j OW ON MTRV RUB 1. Lm " 4m m SIB {f TiO. DbSMID) Hwt MGE CWATRY kwD ti LTD. pry IR. DESC6a) �W— f ' 0. j rx�arr auw ,� b i�� .a�.m va k � S•v�gd'• ......o : 6LUB REBOt ecuu ' CLUB !. LTD. D.B. wa PB. 8f8 (m TD. WORMED) • ti a+c na msogv.o .� • � 04 m19d p si �' SUM OF 1 SBWAaff TRuiddmJ' ALAAr PARCRL OtT3` OP pitOPPRT7 DRSMBSD IN A DBJW 2V BLUE RMOR COUNTRY CLUB 1, L.M. t a.. K DBBD BOOB BBB, PBC,S am, 8E'COM -nuc ' JWSCRIBSD ILL 40 tag Now N-CLO zD o 40 w 120 522 94 Filed: �L day ofd/� - 139fi __---c�,--------- AM/PM Piathma A, keel Register of Deeds MCL1o::cu rnunly. N.C. Excise Tan $ — 0 ` (Gift) Eternising Timr. flewfl stud r'ara Tax Lot No. Yurcel 1/1nl+tifier No. Yorl6ed by County on this day of , 19 by Mail attar recording to Blue Ridge Country Club 1'ropert:y Owners Assuc:iatiorr, Inc:. This instrument wax prepared by(,Narrison b Poore, PA, PO dux 908, Spruce Pine, NC 28777 Brief dearription for the lndt'x r1 NORTH CAROLINA GENERAL WARRAN'IrY DEED THtS DEED made this 7th dny of November 96 . ley and between GRANTOR t;XA.,%CTEE BLUE RIDGE COUNTRY CLUB 1, LTD., 81.UE: RIDGE COUNTRY CLUS PROPERTY A Florida Limited Partnership OWNERS ASSUCiATiow, rNC. , A North Carolina Non-profit Corporation CM Aai'flo%j b 10 pfC0it0 W jxpurmw raw to appropriate web for roeb party: natur. address. aAel. It at►proVIalt, rhatoeler of tartly. e.4& corporation of partnertdtA The designation Grantor and Grantea as used htrein shall Include anid portion. their heirs. succl•nac►rs, and assigna. and sbalt Ineludo ainsular. plural. maaeuline. feminine nr neuter na ruquired by conteld. WITNES.41t:TH. ihst the Granter. for a valut,ble ennaideratie+n t►ttlif by the Grantee, the recrlpt of which in hereby nelrmowledged. ham and by thtAe preAentu doea grant, barsain. sell and convey unto the granter to fev almple. all that certain lot or parcel of land altuatvd in the City ebt North Clive Teswnshir McDowell r aunty. North Camisna unit nwre particularly drscrilird u% 16+ll.5a•3I- SEGI@I ING at the northernmost point of the property ho)voi n de:sl.•t ihe.•d, the same being N 496 33' 54" W 451.59 feet from the bounianing c:ornor of that property descriL d in Book 468, page 018 of the M000well County Registry; t:te:7c.e S 55' 301 -:;8" 1: 68.44 fa:et to a ltoint at the edge of the north Cork of Catawba River, they name being 1; 58' 31' S 1" E 236.L5 feet from t1CGS monune!lt "lsollo" , N 787, 703.655 feet, E e< 1,129,112.332 feet, NAD 2?: thence with the 0139c of the river S 29Q 58' 34" W 61.13 feet, S 26" 394 511" w 33.61 fret, S 16" 07' 34" W 40.99 tent, S 24` 27' 12' w 58.22 tact, IS 29" 53' 44" W 32.54 feet. S 270 47' 36" W 33.81 feet, 5 25' 46' 23" W 52.40 foett thence leaving the edge of the river N 63' 35' 00' W 97.02 feet to an existing concrete monumont: thence N 29° 40' 141 E: 182.81 feet to a point; thence tl 32" 41' 37" E 139.77 feet to the point of Ilaf I rMI w=, containing .61 acre by OND . Thie conveyance is made sub3a t to those Declarations of Re_ntr-tetions of Record in Book 425, Page 704; Book $12, flog* 521 ; Book _. Page _.ft7 ; and Dook .5A.L , rage _,-Q,�,, of tI►te "CDO+011 County Regtitry. \ 1 Ilse ♦....• twrw4 1 4 I*% RAMM040 10•• ..+w..w• • r.. •: •r .. • . •... .. � o. yam...- -.. .. • ?r .— .% 522 95 AND FURTlIRR bc-ing a lu)1't ion s►1 In;%*,I to.! ill 1 liat lsl t►lal•t I 1f,1•,l in Book 468, Patio Il l ti tit' t Itl • Alt Uuwt• l 1 %t►tJlt) y ltt•tl s :: t t �, . ' s• The property hNrttiltabuva described was acquired by Grantor by Instrument recorded In t A flap shoving the above described property Is recorded In Most liuttk TO HAVE AND TO HOLD the aforenuid lot or parcel to( land and all privtlelten ntltl allpurteahnees thoreto belonging to We Grange in tea simple. And the Grantor rovenonts with the (:rantra. that Granter i11 srizt•d of ►he prt•minan its fee Ample. 1trs the right tt► misvey the some in tee simple, that title Ip m:trketitblr acid frer and -Iv;,r t-f till rnettmisrsnit•r1. stnft thtst Grantrr will warrant and defend the title against the lawful rluini" +f all pernstnr who•rnmo-i-rr t•rcrltt for the rxs•t•ptilsno hrra•istAfter stated. Title to the property hrrrinazllme describcll in Ituhject to the foll•sw•ilex exeeptittns: in w8vNbt:ss Wisquabr. the Cssalor hes aereuala e•t his head and tret. ►•e it •e10e1.1r. nes eaaerd tots laelrtltaepe to be et aid a eta ewpoeate man"by Its datr saslhor"a a/losers and e be At11s►as eetAwtl r1 $ts ISe,rd at 111e•ttars. the day .2 year PAU { atweo Winos. IN s•eto eteaata sd n BLUE RIDGE COUNTRY CLUB 1, LTD . r ..................................... A F•lozicla..I.itnitud.I'assn�rstt.i,p.. ...ttl�Al.'tl tearparate Moonal •: ' � By its Gclleral Partner: ay; „•............ = Blue Ridge Cousit•y Club Iron. t A Florida l A Corporation •" ....................... ....President fl I .••1 4 +c , 7�+tt{y�,l..,n. = N ward J . Me a t ct7 C=ist&na "L. "t�gahast a 1'resident Blue Ridge country Clt:u, Inc ABBLs••Ooct•tar► teervatats Sall .,.n l aM&Z: avii- ..; c . 7 MoaTh CAttAIAMA. , . 1'•rYa1 f '•1 •�2 .4� 1. s Halary PUMU 4.1 IA• s•uat, and alai• efrrOW4. 1941.1. Ih.t •••• '. •i � „ _ • •' w . 'mot Q ........ ...... .. .. ... ..... ... .. ... .. .. ..... .... C1oolC1. 00 Y" ®A tlerwoatly allpestoG berate we ibis day And srinamlydRN 1ho'HerW64aw at the tol•[rtnd 640mmsaL Wows. or ite •� yJ�t.r L ms ohs official q t elop or s•, tbtl dot al lo. ... is . r 911P •oeaentesloa o•ptrro: Polo// pttbtt, 'y aRA1r04ApP 00M%PO CADAIUMA. .. I'attaar• a lre/aty ioblte of tb, Costar and Slats •Ietesol0. tsntl► lttaa .... .. r pereaaell► saw• belal• use this dal e00 arhaoolsdAsd Mal Rs to . , tl•rntaf7 d ... .. .. . . , Manh r oolsho r•.lborsl+.•n, sea that by satb.l 1F dnt► flies end as Use set of the ce"rut/oa, $hs Ie194WtA4 tOttlllaseat ne• tlao►e to Its hew► or qa •• •••••- 3 Prostanal. sated Olin Its rospasale seal and allsoled 0► so 1st aa►slal►. out"" air Case eft 0"UMl staap W ova, this ds► of to .. . tt1► ,aoltOleslotl OuRtm: ... ... pout? of ub dips 0o0960bts Cormbatoa! of . .. .. . .... .. .... ... .. ... r .... . �. brOd "o cv weds to be trsseoet Ibis In Z.34C�A nod able rosu un4a am 4a1S,1eStA4eh./ at tas dsa •op4ut+a oa* is the Done olio Py sheaa oa W. .... ..•:. .0QUIS9Ct1 air 110004 fail �utJE7f$ OF ... 0e00110 e•elaleoa . tsSeales of peed• + ♦ t oaf Mere teem %. I s Wis No%~4 . tr•' ...�..... • • . ... . • •.. ti NORTIl CAROLINA 522 96 MCDOWEI.I. C'OUNTY 1, a Notary Public of the County and State aforesaid, artily that Crimina L. Gra min, personally came before me this day and acl utmvtedged that she is the Assistant Secretary of;Clue FJdge Country Club, Inc. a Florida Corporatien that is a General Partner of Blue Ridge Country Club 1, Ltd., a Florida Limited Partnership• and that by authority duly given and as the act of the corporation, and on behalf of the Limited Partnership, the foregoing ituoumcnt was sigrrd in its name by its President, scaled with its corporate seal and antsted to by her as its Assistant Secretary. Further appeared before me Edward J. Meyer. who, being first duly j sworn, states that he is the President of Blue Ridge Country Club. Inc.. a Florida corporation that is a General Partner of Blue Ridge Country Club i, Ltd.. a Florida Limited Partnership, and that the seat affixed to the foregoing instrument is the corporate seal of the corporation and that the wrifing was signed and scaled by him in behalf of the corporation as the General Varner of f Blue Ridge Country Club 1, Ltd., by its authority duly given. And the President aeknawNxtged the writing to be the act and deed of the corporation as Geeral Partner of Blue Ridge Country 1 j Club 1, Ltd. WITNESS my hand and official stamp or seat, this 7 day of November. 1994. i My Commission expires: - %• .. Notary Public �!! l I North Carolina McDowell County j The foregoing certificate(s) of Glenna 1. McIntosh, Notary Public Is/are certified E to be correct. riled for registration this 22nd day of November, 1994 8 2:46 P.N. 1..: gaol $22Patricia Root 94. a. . Petri cia A.. Roel Iteg stem n ofDeedsan slur• iy ;.:: r',•.��. �_?: I v:r `uv r�7 Est � is September 14, 2011 Bob Guerra NCDENR 512 N. Salisury Street Raleigh, NC 27699 Re: NPDES Permit No. NC0080098 Linville Falls Mountain Club & Preserve McDowell County Dear Guerra, Mortgage Banking Commercial, Industrial, Construction, Ag & Land Lending Asset Management Mortgage Backed Securities 555 H Street Eureka CA 95501 main: 707.444.7711 fax 707.444.7700 info@reprop.net w .repropfinancial.com Attached please find the above mentioned permit issued November 29, 2010 to ReProp Financial Mortgage Investors, LLC & Diversified Lending Group, Inc, as tenants in common. These parties came into title of the development known as the Linville Falls Mountain Club and Preserve by way of a foreclosure on a loan the parties made to an entity known as CVG II. The parties have since transferred their interests into RDLG, LLC and I am the managing member. Initially we did not know who was the rightful operator of both the private domestic water system and waste water disposal and but knew that the operating permit for the disposal system needed work which is when you and Chuck Salas had some conversations which led to this permit being issued. In December of 2010, we determined that the POA at Linville Falls was the actual owner and operator of both systems dating back to the late '90's as to the disposal system and the early `00's as to the domestic water supply. We have yet to find a copy of any domestic water supply permit assuming one exists. I understand that in a recent conversation you had with Will Rucker, president of the POA, you have requested a letter from both of us approving the transfer of the permit. Hopefully this letter serves that purpose from our end. I have agreed to take care of any transfer cost so please let me know if there are any. Sinc ely, enn Goldan Attachements: Permit # NC0080098 Quitclaim Deed WWTP Book 568 Page 476 Cc: Will Rucker Chuck Salas 'N-15%. MCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 29, 2010 Mr. Charles Salas, Senior Underwriter ReProp Financial Mortgage Investors, LLC 4711 Viewridge Avenue, Suite #270 San Diego, CA 92123 Dear Mr. Salas: Dee Freeman Secretary Subject: Issuance of NPDES Permit No. NCO080098 Linville Falls Mountain Preserve WWTP McDowell County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The following modifications in the September 29, 2010 draft permit remain in the final permit: • The Owners name has been changed to ReProp Financial Mortgage Investors, LLC & Diversified Lending Group, Inc. as tenants in common. • The facility name has been changed to the Linville Falls Mountain Club Preserve (WWTP). • Condition # 2 from the "Supplement to Permit Cover Sheet' has been modified. • The Non -discharge Spray Irrigation Permit" WQ0010273 has been rescinded. • All Permit Limits and Monitoring requirements relating to the "Non -discharge Spray Irrigation Permit WQ0010273 have been deleted from your permit. • All applicable "Footnotes" relating to WQ0010273 have been deleted. • Your only option for disposal of treated effluent is discharge through the WWTP into the North Fork Catawba River. • Permit Condition A. (3.) has been deleted. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6387 l FAX: 919-807-6495 l Customer Service:1-877-623-6748 NorthCarohna Internet: httpJlportal.ncdenrorglweblwglhome Niaturigily An Equal Opportunity1 Affirmative Action Employer If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and 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. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. if you have any questions concerning this permit, please contact Bob Guerra at telephone number (919) 807-6387 or email at (bob.guerra(aD-ncdenr.gov). Sincerely, Coleen H. Sullins Enclosure: NPDES Permit NCO080098 cc: NPDES Unit Central files Asheville Regional Office / Surface Water Protection (Roger.edwards(a-ncdenr.gov,) (ecopy) Technical and Assistance Certification Unit — (steve.reidOmcdenr.gov) (ecopy) 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. SaIrsbury St Raleigh, North Carolina 27604 One Phone: 919-807-63871 FAX 919.807-64951 Customer Service:1-877-623-6748 NofthCarolina Internet: http:11portal.ncdenrorghvebiwglhome An Equal Opportunity 1 Affirmative Action Employer )Vatmnall y Permit NCO080098 STATE OF NORTH CAROLI NA 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, ReProp Financial Mortgage Investors, LLC & Diversified Lending Group, Inc. as tenants in common is hereby authorized to discharge wastewater from a facility located at the Linville Falls Mountain Club and Preserve 17677 US Highway 221 North Near Ashford, NC 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, Il, III and IV hereof. This permit shall become effective January, 01, 2011. This permit and authorization to discharge shall expire at midnight on December 31, 2014. Signed this day November 29, 2010. Coleen H. Sullins, Director �r Division of Water Quality By Authority of the Environmental Management Commission Permit NCO080098 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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. ReProp Financial Mortgage Investors, LLC & Diversified Lending Group, Inc. as tenants in common is hereby authorized to: 1. Continue to operate an existing 0.025 MGD WWTP consisting of the following treatment components: ♦ Influent flow meter ♦ Equalization tank ♦ Dual path aeration tanks ♦ Dual path clarifiers ♦ Tertiary filters ♦ Chlorination and dechlorination ♦ Effluent flow measurement 2. This facility is on the Linville Falls Mountain Club and Preserve, at 17677 US Highway 221 North, near Ashford, NC in Mc Dowell County. 3. After obtaining an Authorization to Construct from the Division to construct and operate a 0.202 MGD wastewater treatment facility. 4. Discharge from said treatment works at the location specified on the attached map into the North Fork Catawba classified C-Trout waters in the Catawba River Basin. IFacility Location H not to scale North NPDES Permit No. NCO080098 McDowell County Permit NCO080098 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration or expansion beyond 0.025 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample Location Average Maximum Frequency Type 50050 - Flow 0.025 MGD Continuous Recording Influent or Effluent 00310 - BOD, 5-day (20°C) 5.0 mg/L 7.5 mg/L Weekly Composite Effluent (April 1 —October 31 ) 00310 - BOD, 5-day (20°C) 10.0 mg/L 15.0 mg/L Weekly Composite Effluent (November 1 — March 31 ) 00530-Total Suspended 5.0 mg/L 7.5 mg/L Weekly Composite Effluent Solids 00610 - NH3 as N 2.0 mg/L 10.0 mg/L Weekly Composite Effluent (April 1 — October 31 ) 00610 - NH3 as N 4.0 mg/L 20.0 mg/L Weekly Composite Effluent (November 1 — March 31) 00300 - Dissolved Oxygen2 Weekly Grab Effluent Upstream & Downstream 31616 - Fecal Coliform 100 / 100 ml 200 / 100 ml Weekly Grab Effluent (geometric mean) 50060 - Total Residual Chlorine3 17 pg/L 2/Week Grab Effluent 00010 - Temperature (°C) Weekly Grab Effluent Upstream & Downstream 00600 - Total Nitrogen Semi-annually Composite Effluent (NO2+NO3+TKN) 00665 - Total Phosphorus Semi-annually Composite Effluent 00556 - Oil and Grease 30.0 mg/L 60.0 mg/L Weekly Grab Effluent 00400 - pH > 6.0 and < 9.0 s.u. Weekly Grab Effluent Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = 1 mile downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. The Division shall consider all effluent TRC values reported below 50 ug/l to be In compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even If these values fall below 50 ug/l. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO080098 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning upon expansion to beyond 0.025 MGD 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. LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample Average. Maximum Frequency Type Location 50050 - Flow 0.202 MGD Continuous Recording Influent or Effluent 00310 - BOD, 5-day (20°C) 5.0 mg/L 7.5 mg/L Weekly Composite Effluent (April 1 — October 31) 00310 - BOD, 5-day (20°C) 10.0 mg/L 15.0 mg/L Weekly Composite Effluent (November 1 — March 31) 00530 - Total Suspended 5.0 mg/L 7.5 mg/L Weekly Composite Effluent Solids 00610 - NH3 as N 2.0 mg/L 10.0 mg/L Weekly Composite Effluent (April 1 — October 31) 00610 - NH3 as N 4.0 mg/L 20.0 mg/L Weekly Composite Effluent (November 1 — March 31) 00300 - Dissolved Oxygen Weekly Grab Effluent Upstream & Downstream 31616 - Fecal Coliform 100 / 100 ml 200 / 100 ml Weekly Grab Effluent (geometric mean) 50060 - Total Residual 17 pg/L 2/Week Grab Effluent Chlorine 00010 - Temperature (°C) Weekly Grab Effluent Upstream & Downstream 00600 - Total Nitrogen Semi-annually Composite Effluent (NO2+NO3+TKN) 00665 - Total Phosphorus Semi-annually Composite Effluent 00556 - Oil and Grease 30.0 mg/L 60.0 mg/L Weekly Grab Effluent 00400 - pH > 6.0 and < 9.0 standard Weekly Grab Effluent units Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream =1 mile downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. The Division shall consider all effluent TRC values reported below 50 ug/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/l. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO080098 A. (3.) PHASED CONSTRUCTION CONDITION Plans and specifications for the next phase and an Engineering Alternative Analysis (EAA) shall be submitted when the flow to the existing units reaches 80% of the design capacity of the currently installed (0.025 MGD) facilities. At no time may the flow tributary to the facility exceed the existing design capacity. Eon UUVW r V W"I v '" "'• l UL0 Ride Count-rX Club Pri=ertX owners Assogiallon. TNs rert was pmpamd Harri.so 6 Poore, P.A., PO Bolt 248, Spruce Pine, NC 28777 QUTTCLMM MW -- g17-1 PARtcd and for saW by)miffsyi M&=&C*.. Inc— P.O. Oft t 27, YX tMR*, K C. VMS STATE OF NORTH CAWLINA, McDowell _ _ CQntrty: THIS DEW, Made andenwedinm this 31 iWaf Auanst , I.9�8 Wand bebween Blue Ridge Club 1, Ltd., a Florida Limited Partnership Of Crsuntyard State of Nath Carolina, hminafter, wiled Cyr =r, and Blue Ridge Country Club ftoperty ownears Association, inc. of McDowell Countyand Stateof North Carolina, hereitta wede:d0mr►tm whm pemsanm malbgaddran is • WEREHE:SSETEh.• r That said Grantor. for and in consideradon of the sum of ten DoEtars (510da4) to h1m In hand pai& the receipt of which is ftereby adomwled&oid► hm rewbad and rBleased and by these Pm ms does remise, rekas% aotray. and forever qultc alm um the Gsza bw, Wa heirs and/or successors mW aelgns, a3 dit title. Haim mid merest of the Grantor in and to a cwWn Out or camel of land Ding and baron in North Cove 7a„ p, McDowell County, north Carolina, and mote patticulatly destA bed as follows: WINNING at the northernmost point of the properlE'y herein described, the same being N 490 33' 54" W 451.59 f6et from the beginsiing corner Of that property described in Book• 468, page ale of the,mcDowell County Registry; the ce S 550, 30 9 58" 9 68.44 , feet to a point at the edge of the north fork of Catawba River, the same being 8 5 8 ° 31' S].t' 2 238.3.5 feet frca WCG6 s;aonumeat "Pond", IR a 187, 703.655 feet, E = 1,129,112.332'feet, NAD•27; thence with the edge of the river S 29' 58' 34" W 61.13 feet, S 26' 39' 50" W 33.61. feet S 16" 07' 34• W 40.99 feet, S 24* 27' 12"'W 58.22 feet, 5 290 53' 44" W 32.54 feet, .S 270' 47' WIN 33.81 feet, 6 250 46' 23" W 52.40 feet; thence leaving the edge of the river N 630 35' 00" W 97.02 -feet to an existing concrete monument; thence H 230 4811 14"•E 182.01 feet to a point; thence bi 32' 411'371 B 139.77 feet to the point of SEGIWrXNG, containing .61 acre by MW . This conveyance is made subject to those Declarations of Restrictions Of Record in BOOK 425, page 704; Book 512, Page 521Y Hook 521, Page 987; and Book 522, Page 97, of the McDowel-1 County Registry,. and as rerecorded. MD FMtTM3R being a portion of Tract #2 Of• -that property described in Book 468, Page 818 of the McDowell County Registry. AND 1EMW that property described in Map Book 5 . Page la of the McDowell County Registry.. unto the Grantor those ea$emeuts of.,record in Bock page 43_, of the McDowell County Registry. SUNOSM 'to that EEsaBeMent Agreement of record in Book S page �•2S �, of the McDowell County Registry, the t� of which are. hereby incorporated by refea: encie . TO WARPQ* FILED N6 JCW PATI;ICIA A REEL 14QDGISTER OF Q�d£iR 0D81i+ YDNO To have and to hold the mores M !ot or p,arerei of lard anti AD p*He6as thmmmto bdoetgirrg to him, the Grantee, his heirs a"dlor successors J end a firer and 8 from ap eight, tittq, claim w r*+tasest of the Cdontor or wwrnw datattag by. through or wider him. 'Flee designation Cramer A Cramme as used hemin sha{t include said parties, their heirs and czrg M and shaq include si r, plural, man km1n1ne or new*r as required by content .,J • ��. BLUE RIDGE Ct9J mmy CLUB I, LTD ,f,tjeu.li w._� 11t1 M M �rtb SMI. wed �� • •' • % wwr � �+ hxc � Al B.B. 460, Pa. al a (aNa T1ir aESCSn@Bo) .r s WZVOW LbAn rr Q. . low, `� ouaso11=10 i 1 • ' rAx m na VIAW-it-0131 a fMC11 A 11429 TO rn; 10JAM4 nnn or 1, • / �. YY flmovi °M."R : n � ` BWE RME COUNTRY cwe I. �t J LTD. wu yr OW WXM W Puy ; D,Br 468, Pa. Ms Ii (ZNO TR. QESCRI$Ett} � I / ak. COMM tIIt.N1IA �a1 Ac tia. use: •�w°• mom ".. sss s� 4 �istw COMM em wmw f, w AVJLR Waaaarr ° eat MIT CIE d AM T� ,' r i t V4CPM MAP age to No R r. z w aQy� • •Rt ' b@V eGep BLUE RMCE COUNM CLUB L LTD. . �, . ; • �: V.B. 488, PO. M (20 72. DESCRIBED) SVRYEY 4F A $11FACE ?'.tom rmirNT PLANT PARCEL Otl3' DF pROPEBTY DESCRIBED IN A DEED TOAk� BLUE PUD191 COUNTRY CLUB 1, LTD+ DEED BOOB 488, PAG3s 818, SECOM •TRACT DESCRIBED BA +w Q!l e,m 40 20 0 40 80 120 Guerra, Bob From: Glenn Goldan [goldan@reprop.net] Sent: Tuesday, August 09, 2011 10:53 AM To: Guerra, Bob Cc: Chuck Salas; 'Will Rucker; 'Andy Price' Subject: Tansfer of Permit NC0080098 _ Linville Falls Attachments: Request to Change Permited Party Sullins NCDENR 04-14-11.pdf Mr. Guerra, You'll recall that earlier this year I contacted your office concerning the transfer of the waste water system operational permit to the Linville Fall Club Property Owner's Association ("LFCPOA") who is the owner/operator of the treatment facility. The LFCPOA asked that I hold the request until they did some internal research. They have completed that research and agree that the operational permit should be transferred to them. I believe you have talked with their president Will Rucker who can be reached at the above email address or 704.472.2854. Please let me know if there is anything I can do to facilitate the transfer. My best number is 707.845.4487. Thank you. Glenn Goldan I ReProp Financial® 555 H Street, Eureka CA 95501::: www.repropfinancial.com ::: eoldan@reprop.net 707.444.7711(main) 1707.444.7790 (direct) 1707.444.7700 (fax) From: Will Rucker [wgrucker@bellsouth.net] Sent: Monday, August 01, 2011 11:36 AM To: Guerra, Bob Cc: Will Rucker Subject: Fw: Meeting notes from 7/12/11 Attachments: mtg notes.docx Bob, Realize you are out of the office but I have a question. We have found out that there is a deed transferring the land were the WWTP is to the POA--this was done back in 1996 by Ed Meyer (developer #2 ) when he controlled the POA. Our attorney feels that we do own the WWTP. Was the state aware of the deed and if so, would this have changed anything. Also, a board member has asked the question --if we do own the WWTP, do we need to have the permit in our name or should it stay in the developers name. Was the permit put in the developers name because they applied for the permit or did the State feel that the developer owned the system. Does the POA having a deed change anything? Please call me at 704/472-2854 if you need to. Will ----- Original Message ----- _ _ _ _ _ _ _ To: bob.guerraCa_ncdenr.4ov Sent: Sunday, July 24, 2011 2:34 PM Subject: Meeting notes from 7/12/11 Bob, Sorry I have taken 2 weeks to respond but I wanted to share my notes with you from our conversation. After you approve these notes, I will share them with the Board. Please let me know if I have any thing wrong or please feel free to add anything I need to know. If you have any information as to how or who we need to contact about flood insurance for the WWTP that would be most helpful. We seem to be getting nowhere with a local insurance firm. Will