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HomeMy WebLinkAboutNC0036251_Permit Modification_20121126North Carolina Beverly Eaves Perdue Governor JASON POPKIN BLUE STAR OPERATING CO., LLC PO BOX 1029 HENDERSONVILLE, NC 28793 Dear Mr. Popkin: NCDEENR Department of Environment and Natural Resources Division of Water Quality Chuck Wakild Director November 26, 2012 Dee Freeman Secretary Subject: NPDES Permit Modification- Name and/or Ownership Change Permit Number NC0036251 Blue Star Camps W WTP Henderson County Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on March 1, 2012. 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. Chuck Wakild cc: Central Files Asheville Regional Office, Surface Water Protection NPDES Unit File NC0036251 'Fl/,da[I Vice,,nLm I,Ieull,^h :nemery., <in, 1611' L,,^ 'ion S'.:.' N hure SI. `, egil1, loch „rilma ;. o- ' 'nor- �O191E ,tc ,.. ,eN. / �?JE u.,. -. w•,r .r,'X"'JSri ,an - pu,.,._ , n,, ,- ,. -ml, - On: NurthCar()lina ''i atlll'diAy Permit NCO036251 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 (NPDES) 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, B lueStar Operating Co., LLC . is hereby authorized to discharge wastewater from a facility located at the Blue Star Camps WWTP 179 Blue Star Way, Hendersonville Henderson County to receiving waters designated as Mud Creek within the French Broad 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 December 1, 2012. This permit and authorization to discharge shall expire at midnight on September 3 0, 2015. Signed this day November 28, 2012. G' C c akild, Director ision of Water Quality By Authority of the Environmental Management Commission Permit NCO036251 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. BlueStar Operating Co., LLC is hereby authorized to: 1. continue to operate an existing 0.060 MGD extended aeration wastewater treatment facility utilizing: • bar screen • equalization basin with pre -aeration • dual effluent grinder pumps • flow-splitter box • dual path aeration basins • dual clarifiers • aerated sludge holding basin • chlorinator (tablet disinfection) • chlorine -contact chamber • tablet dechlorination • effluent flow meter from a facility located at the Blue Star Camps WWTP, 179 Blue Star Way, Hendersonville, in Henderson County, and 2. discharge from said treatment works via Outfall 001, at a location specified on the attached map, into Mud Creek, [stream segment 6-55], currently classified C waters within subbasin 04-03-02 of the French Broad River Basin. Permit NC0036251 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the permit effective date 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: ARAMETER LIMIT MONITORING REQUIREMENTS [parameter PCS codes] onithly Mly Measurement Sample Sample - — -a M1a9mum Fe - uec--- -- LoationAve Flow 50050 0.06 MGD Continuous Recording Influent or Effluent Temperature Daily Grab Effluent 00010 Total Residual Chlorine (TRC)1 28 µg/L 2/Week Grab Effluent 500601 Fecal Coliform (geometric mean) 200 / 100 ml 400 / 100 ml Weekly Grab Effluent 31616 pH 00400 > 6.0 and < 9.0 standard units — — Weekly Grab Effluent BOD, 5 day (20°C) 00310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00530 NH3 as N (Apr 1 — Oct 31) 3.0 mg/L 15.0 mg/L Weekly Composite Effluent [00610] NH3 as N (Nov 1 — Mar 31) 9.0 mg/L 35.0 mg/L Weekly Composite Effluent [00610] 1. Total Residual Chlorine (TRC) monitoring is required only if chlorine is used by the facility. Because of difficulty measuring TRC in a wastewater matrix, the Division will consider all values reported above 501tg/L, by the North Carolina -Certified test method to be compliant with this permit. However, the Permittee shall continue to report all TRC values (or the test -method minimum detection level) even if these values are below 50µg/L. The Permittee shall discharge no floating solids or foam visible in other than trace amounts. Bluestar Landco, LLC Bluestar Operatingco, LLC 179 Blue Star Way, Hendersonville, NC 28793 Phone: (828) 692-3591, Fax: (828) 692-7030 February 7, 2012 \� Coleen H. Sullins, Director NCDENR/DWQ/NPDES Permits Section �• _ "• 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDES Permit # NC0036251, Henderson County, Blue Star Camps Dear Ms. Sullins, Enclosed is a completed Permit Name/Ownership Change Form. Bluestar Landco, LLC is acquiring the real property where Blue Star Camps is located. Ownership of Blue Star Camps is being transferred to Bluestar Operatingco, LLC. If you have any questions, please contact: Michael Shabsels, Manager 444 E 58th Street, #3 New York, NY 10022 Email: mshabsels@gm3il.com As an alternate, you may contact Tom Kilpatrick, Operator —in -Responsible Charge at 828- 890-4810. Thank you for your cooperation, and please let me know if you require any further information. I can be contacted at the above address and phone number, or by email, jason@bluestarcamps.com. You may also contact Lauren P. Herschthal, Director with the same contact details, save for her email, which is lauren@bluestarcamps.com. Since y, Jason Popkin, Director {e CM. vf1�D ' MAR - 1 2012 DENR-WATER QUALITY POINT SOURCE BRANCH {123224051 o�CF W ATF9oG Beverly Eaves Perdue, Governor 7 Dee Freeman, Secretary [ > -i North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director ' Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C 1 ,0 10 1 3 1 N I C G 1 S 11. Permit status pfi2r to status change. a. Permit issued to (company name): b. Person legally responsible for permit: Blue Star Camps Incorporated Rodger Popkin First MI Last Owner Title Blue Star Camps, Inc. Permit Holder Mailing Address Hendersonville NC 28793 City State Zip (828)692-3291 ( ) Phone Fax c. Facility name (discharge): Blue Star Camps W WTP d. Facility address: PO Box 1029 Address Hendersonville NC 28793 City State Zip e. Facility contact person: Tom Kilpatrick (828) 890-4810 First / MI / Last Phone III. 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 b. Permit issued to (company name): Bluestar Operatingco, LLC c. Person legally responsible for permit: Jason Popkin First MI Last Director Title 179 Blue Star Way Permit Holder Mailing Address Hendersonville NC 28793 City State Zip (828) 692-3591 jason(cDbluestarcamps.com Phone E-mail Address d. Facility name (discharge): Blue Star Camps W WTP e. Facility address: PO Box 1029 Address Hendersonville NC 28793 City State Zip f. Facility contact person: Tom Kilpatrick First Ml Last (828) 890-4810 tomkilpatrick@morrisbb.net Phone E-mail Address Revised 112009 PERMIT NAMEIOWNERSHIP CHANGE FORM Page 2 of 2 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 Will the permitted facility continue to conduct the same industrial activities conducted prior V. to this ownership or, name change? ® Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE 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 required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. Copy......... • •°• . • • , of . Warranty .Deed. attached. ............................................................ 0 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. PERNIITTEE CERTIFICATION (Permit holder prior to ownership change): I, Rodger Po kin attest that this application for a name/ownership change has been review d is accurate and complete to the best of my knowledge. I understand that if all required parts of is appli at' n e not completed and that if all required supporting information is not included, this ap lication ka will a as incomplet February 7, 2012 r Signature U Date APPLICANT CERTIFICATION I, Jason Popkin , 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 is not included, this application package will be returned as incomplete. See next page. February 7, 2012 Signature Date ................ .................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 112009 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 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 INCOMPLETE 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 required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. .........CoPY.. of, ,Warranty.. Deed, attached. 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. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Rodger Po kin , 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 is not included, this application package will be returned as incomplete. See previous page. February 7, 2012 S ignature Date APPLICANT CERTIFICATION I, .lason Popkin , 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 is not included, this applicatio package will be returned as incomplete. February 7, 2012 Si nature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 1/2009 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel Identifier No. Verified by County on the day of , 20 By: Mail/Box to: MARC RUDOW, ROBERTS & STEVENS, BOX This instrument was prepared by: ROBERT J. DEUTSCH, P.A., atty, 75 N. Market Street, Asheville, NC 28801 Brief description for the Index:_ 287.771 acres, more or less, Crab Creek Township THIS DEED made this �� -day-utFEBRUARY, 2012; etween - GRANTOR RODGER M. POPKIN and wife, MARYANN N. POPKIN 2100 N. Ocean Blvd., #1402 Ft. Lauderdale, FL 33305 GRANTEE BLUESTAR LANDCO, LLC a North Carolina limited liability company 179 Blue Star Way Hendersonville, NC 28792 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 the CRAB CREEK TOWNSHIP, HENDERSON COUNTY, NORTH CAROLINA, and more particularly described as follows: BEING ALL THAT PROPERTY SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. { 12322374}NC Bar Association Form No. 3 0 1976, Revised © 1/1/2010 Printed by Agreement with the NC Bar Association The property hereinabove described was acquired by Grantor by instrument recorded in Book 682, page 398, and Book 867, page 701. All or a portion of the property herein conveyed includes or X does not include the primary residence of a Grantor. 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, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. - flo A 6x-1 County, State off Ai % C- • I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: RODGER M. POPKIN and wife, MARYANN N. POPKIN, Grantors herein. Date: February 2012. Name, Notary Public My Commission expires: { 12322374}NC Bar Association Form No. 3 © 1976, Revised © U1/2010 Printed by Agreement with the NC Bar Association EXHIBIT "A" TRACT ONE (Blue Star Camp tract): BEING all that 287.7.771 acres, more or less, as shown on that boundary survey prepared for Rodger Popkin by James M. McNeely, PLS, of Millman Surveying, Inc., dated September 16, 2011, being known as MSI Site No. 23132, as duly recorded in Plat Slide 8508, Henderson County Registry, reference to which is hereby made and incorporated herein for a more particular description by metes and bounds. SUBJECT TO a non-exclusive right-of-way for purposes of ingress, egress and regress to and from property leased to or owned by Sahalee, LLC, as described in Book 1259, at page 269, Henderson County Registry, across the subject property described above to Pinnacle Mountain Road, SR 1114, said right-of- way shown as a dotted line on that survey prepared for Rodger M. Popkin by Michael D. Case, RLS, dated 8/15/86, known as Job No. 86-03-300, and subject to other rights of way conveyed by Grantor in connection with out -conveyances previously recorded. The above described property is the major part of the property conveyed to Rodger Popkin by deed dated January 16, 1986 and recorded in Deed Book 682 at page 398, less out -conveyances previously recorded. TRACT TWO (Caretaker house): BEING the same land conveyed by Donald Drake and wife to F.C. Justus and wife by Deed recorded in Book 309, at page 129 of the Register of Deeds for Henderson County, lying on the dividing ridge between Crab Creek and Mud Creek in front of the Crab Creek Church and on the south side of the Crab Creek Road, and bounded as follows: BEGINNING at a red oak about 18 inches in diameter, marked as a corner, and running thence South 63 deg. East 382 feet to a stone and dogwood pointers; thence North 43 deg. 30 min. East 231 feet to the center of the old abandoned Crab Creek Road, marked by a stone and pointers on the southwest side of said road, said stone located South 84 deg. East 180 feet from the easternmost corner of the building on the property herein conveyed; thence North 51 deg. West (running for about 20 feet with the center of said old road) and thence running with the center of the present Crab Creek Highway) a total distance of 157 feet to a point in the center of said Highway; thence still with the center of same, North 59 deg. West 387 feet to a point in the center of same, marked by a stone on the southwest side of said highway; thence leaving said highway and running South 9 deg. 30 min. West 304 feet to the point and place of BEGINNING, containing 2.79 acres, more or less, and being shown on a survey prepared for Rodger M. Popkin by Case & Associates Surveyors, PA, dated January — May, 1986 (Job No. 86-03-300). BEING the identical property described in the Deed from W.B.W. Howe, Commissioner, to Camp Blue Star, Inc. as recorded in Deed Book 501, at page 474, Henderson County Registry, and the identical property conveyed in Deed from Herman M. Popkin and wife, Rosalie K. Popkin to Rodger M. Popkin and his sister, Vickie B. Popkin, dated December 7, 1976, as recorded in Book 548, at page 931, and the identical property conveyed in Deed from Vickie P. Kligerman and husband, Barry Kligerman to Rodger M. Popkin, dated April 12, 1995, as recorded in Book 867, at page 701, Henderson County Registry, reference to which deeds being hereby made and incorporated herein. • 6WAFrF9p G CO r a �C 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 :0I ;0 3 16 12 1 5 1 1 1 1 N I 1 GI 5 II. Permit status prior to status change. a. Permit issued to (company name): Blue Star Camps Incorporated b. Person legally responsible for permit: Rodger Popkin First MI Last Owner Title Blue Star Camps, Inc. Permit Holder Mailing Address Hendersonville NC 28793 City State Zip (828) 692-3291 ( ) Phone Fax c. Facility name (discharge): Blue Star Camps WWTP d. Facility address: PO Box 1029 Address Hendersonville NC 28793 City State Zip e. Facility contact person: Tom Kilpatrick (828) 890-4810 First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of ® Change in ownership of the facility 0 Name change of the facility or owner Bother please explain: b. Permit issued to (company name): c. Person legally responsible for permit: y - -R ow mD MAR -1 ZGIZ L DENR-WATER QUALITY _ . _ d. Facility name (discharge): e. Facility address: f. Facility contact person: Bluestar Operatingco, LLC Jason Popkin First MI Last Director Title 179 Blue Star Way Permit Holder Mailing Address Hendersonville NC 28793 City State Zip (828) 692-3591 jason rr bluestarcamps.com Phone E-mail Address Blue Star Camps WWTP PO Box 1029 Address Hendersonville NC 28793 City State Zip Tom Kilpatrick First MI Last (828) 890-4810 tomki 1patricka morrisbb.net Phone E-mail Address Revised 1/2009 PERMIT NAMElOWNERSHIP CHANGE FORM Page 2 of 2 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 Will the permitted facility continue to conduct the same industrial activities conducted prior V. to this ownership or, name change? ® Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE 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 required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. Copy of Warranty Deed attached. ..................................................................................................................... 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. PERNIITTEE CERTIFICATION (Permit holder prior to ownership change): I, Rod er Po kin attest that this application for a name/ownership change has been review d is accurate and complete to the best of my knowledge. I understand that if all required parts of tPass, apple ' n not completed and that if all required supporting information is not included, this application will b turn as incomplet �� February 7, 2012 Signature Date APPLICANT CERTIFICATION I, Jason Popkin , 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 is not included, this application package will be returned as incomplete. See next page. February 7, 2012 Signature Date .................................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RevW 112009 . PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 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) Vl Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE 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 required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. .........goPy.. of ,Warranty.. Deed, attachedof 0*00... 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. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Rodger Popkin , 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 is not included, this application package will be returned as incomplete. See previous page. February 7, 2012 Signature Date APPLICANT CERTIFICATION I, Jason Popkin , 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 is not included, this application package will be returned as incomplete. = February 7, 2012 SigilatUre Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 1/2009 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel Identifier No. Verified by County on the day of 920 By: Mail/Box to: MARC RUDOW, ROBERTS & STEVENS. BOX This instrument was prepared by: ROBERT J. DEUTSCH, P.A., atty, 75 N. Market Street, Asheville, NC 28801 Brief description for the Index:_ 287.771 acres, more or Iess, Crab Creek Township THIS DEED made this J� day ofFEBRUARY, 2012; byatstl lsetween GRANTOR RODGER M. POPKIN and wife, MARYANN N. POPKIN 2100 N. Ocean Blvd., #1402 Ft. Lauderdale, FL 33305 GRANTEE BLUESTAR LANDCO, LLC a North Carolina limited liability company 179 Blue Star Way Hendersonville, NC 28792 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 the CRAB CREEK TOWNSHIP, HENDERSON COUNTY, NORTH CAROLINA, and more particularly described as follows: BEING ALL THAT PROPERTY SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. 112322374}NC Bar Association Form No. 3 © 1976, Revised© 1/1/2010 Printed by Agreement with the NC Bar Association The property hereinabove described was acquired by Grantor by instrument recorded in Book 682, page 398, and Book 867, page 701. All or a portion of the property herein conveyed includes or X does not include the primary residence of a Grantor. 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, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (Seal) - am A 4-0- f Y-V 4.4-- County, State off AJ % C . I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ROIDGER X POPK [N and wife, MARYANN N. POPKIN, Grantors herein. Date: February , 2012. �F NOTa2y C Printed Name, Notary Public /'l18LI My Commission expires: ok-3v -/s- 112322374}NC Bar Association Form No. 3 ®1976, Revised © 1/1/2010 Printed by Agreement with the NC Bar Association EXHIBIT "A" TRACT ONE Blue Star Camp tract): BEING all that 287.7771 acres, more or less, as shown on that boundary survey prepared for Rodger Popkin by James M. McNeely, PLS, of Millman Surveying, Inc., dated September 16, 2011, being known as MSI Site No. 23132, as duly recorded in Plat Slide 8508, Henderson .County Registry, reference to which is hereby made and incorporated herein for a more particular description by metes and bounds. SUBJECT TO a non-exclusive right-of-way for purposes of ingress, egress and regress to and from property leased.to or owned by Sahalee, LLC, as described in Book 1259, at page 269, Henderson County Registry, across the subject property described above to Pinnacle Mountain Road, SR 1114, said right-of- way shown as a dotted line on that survey prepared for Rodger M. Popkin by Michael D. Case, RLS, dated 8/15/86, known as Job No. 86-03-300, and subject to other rights of way conveyed by Grantor in connection with out -conveyances previously recorded. The above described property is the major part of the property conveyed to Rodger Popkin by deed dated January 16, 1986 and recorded in Deed Book 682 at page 398, less out -conveyances previously recorded. TRACT TWO (Caretaker house): BEING the same land conveyed by Donald Drake and wife to F.C. Justus and wife by Deed recorded in Book 309, at page 129 of the Register of Deeds for Henderson County, lying on the dividing ridge between Crab Creek and Mud Creek in front of the Crab Creek Church and on the south side of the Crab Creek Road, and bounded as follows: BEGINNING at a red oak about 18 inches in diameter, marked as a corner, and running thence South 63 deg. East 382 feet to a stone and dogwood pointers; thence North 43 deg. 30 min. East 231 feet to the center of the old abandoned Crab Creek Road, marked by a stone and pointers on the southwest side of said road, said stone located South 84 deg. East 180 feet from the easternmost corner of the building on the property herein conveyed; thence North 51 deg. West (running for about 20 feet with the center of said old road) and thence running with the center of the present Crab Creek Highway) a total distance of 157 feet to a point in the center of said Highway; thence still with the center of same, North 59 deg. West 387 feet to a point in the center of same, marked by a stone on the southwest side of said highway; thence leaving said highway and running South 9 deg. 30 min. West 304 feet to the point and place of BEGINNING, containing 2.79 acres, more or less, and being shown on a survey prepared for Rodger M. Popkin by Case & Associates Surveyors, PA, dated January — May, 1986 (Job No. 86-03-300). BEING the identical property described in the Deed from W.B.W. Howe, Commissioner, to Camp Blue Star, Inc. as recorded in Deed Book 501, at page 474, Henderson County Registry, and the identical property conveyed in Deed from Herman M. Popkin and wife, Rosalie K. Popkin to Rodger M. Popkin and his sister, Vickie B. Popkin, dated December 7, 1976, as recorded in Book 548, at page 931, and the identical property conveyed in Deed from Vickie P. Kligerman and husband, Barry Kligerman to Rodger M. Popkin, dated April 12, 1995, as recorded in Book 867, at page 701, Henderson County Registry, reference to which deeds being hereby made and incorporated herein.