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HomeMy WebLinkAboutNC0082716_Permit Modification_20190628ROY COOPER Governor MICHAEL S. REGAN Seaetory LINDA CULPEPPER Director Mr. Orville M. English Ski the Ridges LLC 578 Valley View Circle Mars Hill, NC 28754 Dear Mr. English: NORTH CAROLINA Envlronawnral Quality June 28, 2019 Subject: NPDES Permit NCO082716 Transfer of ownership / permit modification Wolf Laurel WWTP Madison County Grade II Biological WPCS The Division hereby re -issues NC0082716. This action is taken to show that you are now the owner of the subject facility. 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). If any parts, measurement frequencies or sampling requirements contained in this modification 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. 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 any other Federal, State, or Local governmental regulation. If you have any questions concerning this matter, please contact Emily Phillips at (919) 707-3621 or via e-mail [emily.phillips@ncdenr.gov]. Sin rely, 4 Linda Culpepper Director cc: NPDES Files North Carolina Department of Environmental Quality I Division of Water Resources �FQ 512 North Salisbury Street 1 1617 Mall Service Center I Raleigh, North Carolina 27699-1617 ✓ �+r� /'� 919.707.9000 Permit NCO082716 Grade II Biological Water Pollution Control System [15A NCAC 08G .0302] STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES 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, Orville M. English is hereby authorized to discharge wastewater from a facility located at the Wolf Laurel WWTP 578 Valley View Circle Madison County to receiving waters designated as Wolf Laurel Branch in the French Broad River Basin in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective June 28, 2019. This permit and authorization to discharge shall expire at midnight on September 30, 2020. Signed this day June 28, 2019. a Culpepper, Director � ivision of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NCO082716 Grade I1 Biological Water Pollution Control System [15A NCAC 08G .0302] SUPPLEMENT TO PERMIT COVER SHEET Allprevious NPDESpermits 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. Orville M. English is hereby authorized to: 1. Continue to operate an existing 0.007 MGD extended aeration wastewater treatment system which includes the following components: ♦ 2,000 gallon flow equalization tank ♦ Manual bar screen ♦ 7,000 gallon aeration basin. ♦ Clarifier with sludge return ♦ 550 gallon aerobic digestor ♦ Chlorination ♦ Dechlorination ♦ Flow meter The facility is located at the Wolf Laurel WWTP, east of Mars Hill off of Valley View Circle in Madison County. 2. Discharge from said treatment works at the location specified on the attached map into Wolf Laurel Branch, currently classified C; Tr, ORW waters in the French Broad River Basin. Page 2 of 6 Permit NCO082716 Grade H Biological Water Pollution Control System [15A NCAC 08G .0302] Part I. A. (l.) EFFLUENT LIMITS AND MONITORING REQUIREMENTS [ 15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitoredl by the Permittee as specified below: - EIFFLUE�iT CI,IRACTERlsTtCS rr� Praraeter Cotle� LIMITS*.:, -1, MONITORING �EQU. RE RENTS y Average. •Dail : M" um �r� .,.. 34.:tJ� suremeht ; ` .r ettc �r'! y : .: T' �` _ �..:pr �. L"caiIo Flow 50050 0.007 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Ammonia Nitrogen (summer) C0610 8.0 mg/L 35.0 mg/L 2/Month Grab Effluent Ammonia Nitrogen (winter) C0610 23.5 mg/L 35.0 mg/L 2/Month Grab Effluent Fecal Coliform (geometric mean) 31616 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent Total Residual Chlorine (TRC)2 50060 28 pg/L 2/Week Grab Effluent pH 00400 > 6.0 and < 9.0 standard units 2/Month Grab Effluent Temperature (°C) 00010 Monitor & Report Weekly Grab Effluent Dissolved Oxygen 00300 Monitor & Report Weekly Grab Effluent Oil & Grease 00556 Monitor & Report Monthly Grab Effluent summer = April 1— October 31 * winter = November 1— March 31 Footnotes: 1. The Permittee shall submit discharge monitoring reports electronically using the Division's eDU R application system [See A. (2.)]. 2. The Division shall consider all effluent TRC values reported below 50 µg/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 µg/L. There shall be no discharge offloating solids or visible foam in other than trace amounts Page 3 of 6 Permit NCO082716 Grade II Biological Water Pollution Control System [15A NCAC 08G .0302] A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reportina Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Sewer Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). . Page 4 of 6 Permit NCO082716 Grade H Biological Water Pollution Control System [15A NCAC 08G .0302] 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: hUs://www.federah-egister.ggv/documents/2015/10/22/2015-24954/national pollutant-discharae- elimination-system-nudes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://dgg.nc.gov/about/divisions/Water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: hqp://dgg.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: Page 5 of 6 Permit NCO082716 Grade II Biological Water Pollution Control System [15A NCAC 08G .0302] V certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qual fled personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 5. Records Retention [Supplements Section D. (Q] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41 ]. Page 6 of 6 Latitude: 350 57' 26" Longitude: 820 30' 53" Stream Class: C;Trout, ORW Sub -basin: 04-03-04 Receiving Stream: Wolf Laurel Branch NCO082716 Wolf Laurel POA iTiMI MI Facility Location (map not to scale) North Madison County ROY COOPER MICHAEL S. REGAN LINDA CULPEPPER Water Resources ENVIRONMENTAL QUALITY PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: Permit Number: NC00 / a / 7/ / (o or NCG5 1. FacilityName: r Jo if 4.ctu re. 1 PGA i.uWTP II. NEW OWNER/NAME INFORMATION: RECEIVED/NCDEQ/DWR 1. This request for a name change is a result of: _X—a. Change in ownership o propert ompany JUN 2 1 2019 ter Qual b. Name change only PermItting Secton c. Other (please explain): 2. New owner's name (name to be put on permit): Oru 11�e M. Cn4/;51� 3. New owner's or signing official's name and ( erson legally res onsible for permit) (Ti 4. Mailing address: , S '7 9 L/c I I2 y V ; e u, c, we {.City: State:_dC-a Zip Code: Zf�7S U E-mail Phone: ( ) X,�9 6 Fq 1II,111 THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center 1 Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX ht[ps://deq.nc.gov/about/divisions/water-resources/water-resources-pc mits/wastewater-bmch/npdcs-wastewater-permits NPDES Name & Ownership Change Page 2 of 2 Applicant's Certification: I, O r u : ke M . �/ •'s , 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: a S THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ / DWR I NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1112017 Prepared By: Staunton Norris, Attorney at Law, PO Box 548, Burnsville, NC 28714 This instrument was prepared by Staunton Norris, Attorney at Law, P. O. Box 548, Burnsville, North Carolina 28714, without review or examination of title to the hereinafter described property, and no opinions or representations are being made, either express or implied, by the attorney. STATE OF NORTH CAROLINA SPECIAL WARRANTY DEED COUNTY OF MADISON DATE:2019 This Property does not include a portion of Grantor's primary residence. Madison County Parcel No: 9862-01-2705 & portion of 9862-024024 Excise Tax: $20.00 Verified by Madison County on the day of .2019 By: _ WOLF LAUREL PROPERTY OWNERS ASSOCIATION, INC. and WOLF LAUREL ROAD MAINTENANCE AND SECURITY HOMEOWNER'S ASSOCIATION, INC., North Carolina. Non -Profit Corporations, GRANTORS, hereby deed to SKI THE RIDGES, LLC of 578 Valley View Circle, Mars Hill, NC 28754, GRANTEE, thus; WITNESSETH: FOR TEN DOLLARS AND 0/100 ($10.00) and other good and valuable considerations, the receipt of which are hereby acknowledged the Grantors do hereby bargain, sell and convey (subject to the exceptions, reservations, restrictions and conditions hereinafter set forth, if any) unto the Grantee, its successors and assigns, that certain parcel or tract of land lying and being in the Wolf Laurel Resort, No. 7 Township, Madison County, North Carolina, and being more particularly described as follows: BEGINNING at a point located 12.00 feet south of the existing southwest comer of the one story building now or formerly known as Wolf s Cave Inn (Motel Site) located in the Wolf laurel Resort and also being located on the property formerly owned by Wolf Cave Inn, Inc. (4.23 acre site, Madison County Deed Book 263, Page 672); running thence in a southerly direction 36.00 feet to a point; thence in an easterly direction 17.00 feet to a point; thence in a northerly direction 36.00 feet to a point; thence in a westerly direction 17.00 in place of BEGINNING, containing 612 square feet more or less. GRANTORS also hereby convey to grantee a 25.00 foot access and utility easement (leading from Valley View Circle) for purposes of ingress, egress and regress to the existing sewer plant, as well as the same rights of ingress, egress and regress for the purposes of maintaining, inspecting, repairing and improving all of the existing pipes, service lines and equipment leading to and from the treatment plant and the users served thereby. BEING FORMERLY KNOWN and designated as a portion of Wolf Cave Inn, Inc. Property (4.23 Acre Tract) recorded in Deed Book 263, Page 67, Madison County Register of Deeds Office, Madison County North Carolina. BEING AND INTENDING to convey the existing sanitary sewer treatment plant and all of the components (pipes, manholes, pumps, etc.) which operate and are an integral part of said sewer plant and all existing easements for sewer lines related thereto. THIS CONVEYANCE IS MADE SUBJECT to the terms and conditions of an agreement of even date herewith between the Grantors and the Grantee regarding the transfer of the sewage treatment plant and the continued operation thereof for the benefit of the parties, which terms, conditions, limitations, and restrictions on the use of the herein conveyed property set forth in said agreement are to be construed as covenants running with the land and are incorporated herein by reference. The agreement shall remain on file at the offices of the Grantors and the Grantee for inspection by persons entitled to view the same including but not limited to the officers of the parties, membership of the Grantors and persons authorized to examine the title to the foregoing realty. FOR TITLE REFERENCE see the third tract in a deed dated 26 October, 2010 from Bald Mountain Development Corporation to Wolf Laurel property Owner's Association conveying a 1/2 interest in the foregoing property recorded at Madison County Deed Book 507, Pages, 385-391 and a deed dated 15 February, 2016 from Bay View Loan Servicing, LLC, a Delaware Limited Liability Company, to Wolf Laurel Road Maintenance & Security Homeowners Association, Inc. conveying a larger parcel, in which the foregoing 612 square foot parcel and easements are located, recorded in the Madison County Deed Registry at Deed Book 604, Pages 153-156. TO HAVE AND TO HOLD the interests of the Grantors (a % undivided interest from each Grantor) in the above described parcel or tract of land, together with all rights, privileges and appurtenances thereto belonging unto them, the said GRANTEE, in fee simple. GRANTORS COVENANT to and with GRANTEE, its successors and assigns that Grantors have done nothing to impair such title as each Grantor has received to their respective interests pursuant to the above referenced instruments of conveyance and 2 Grantors will warrant and defend title against the lawful claims of all persons or entities claiming by, through, or under the Grantors subject to all easements, covenants, conditions and restrictions of record relating to said property. IN WITNESS WHEREOF, the GRANTORS have caused this instrument to be executed by their duly authorized officers this the day and year first above written. WOLF LAUREL PROPERTY OWNERS ASSOCIATION, INC. WOLF LAUREL ROAD MAINTENANCE & SECURITY HOMEOWNER'S ASSOCIATION, INC. / BY: Y SMITI, PRESIDENT 3 STATE OF L(% o �; COUNTY OF AAac4;', 5.� I, Vox\-\ , t e- 0 . RtG-e , Notary Public, do hereby certify that o'hn 1& v-m c:k.e *Jr , PRESIDENT of WOLF LAUREL PROPERTY OWNERS ASSOCIATION, INC., personally known or proven to be the person described, appeared before me this day and acknowledged his due execution of the foregoing instrument on behalf of said company pursuant to authority duly given to him for all purposes therein expressed. WITNESS my hand and Notarial Seal this the k O day of Nor ou , 2019. % - RONNIE O. RICE AI NOTARY PUBLIC Madison County ' North Carolina My Commission Expires 11-06-19 PLACE NOTARIAL SEAL INSIDE THIS BOX ONLY! STATE OF COUNTY OF NOTARY PUBLIC My Commission Expires t J -biz - a p lq Notary Public, do hereby certify that PRESIDENT of WOLF LAUREL ROAD MAIN TENAN E & SECURITY HOMEOWNER'S ASSOCIATION, INC., personally known or proven to be the person described, appeared before me this day and acknowledged his due execution of the foregoing instrument on behalf of said company pursuant to authority duly given to him for all purposes therein expressed. WITNESS my hand and Notarial Seal this the Y/,?Z day of , C r; tpZ C � PLACE NOTARIAL SEAL INSIDE THIS BOX ONLY! 4 NOTARY P BLIC My Commission Expires AGREEMENT and Bill of Sale, Assignment and Assumption This Agreement, and Bill of Sale, Assignment and Assumption ("agreement") is made and entered into as of the day of _ , 2019 by and between Wolf Laurel Property Owners Association, Inc., Wolf Laurel Road Maintenance and Security Homeowners Association, Inc., hereinafter referred to as "Sellers", and Ski the Ridge, LLC, hereinafter referred to "Buyer", thus; WITNESSETH: WSEREAS, by Special Warranty Deed of even date herewith the Sellers have conveyed a sewage disposal plant to the Buyer and the parties wish to memorialize certain of the terms and conditions of the sale and transfer as set forth in their prior letter of intent of 20 January, 2018; NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES and the mutual covenants, terms and conditions herein contained the parties do hereby covenant and agree as follows: 1) Contemporaneously herewith Buyer has this day tendered the purchase price for the sale of the treatment plant together with related equipment and appurtenances, all as set forth in this agreement, of $10,000.00 in cash; 2) Sellers hereby sell, transfer and convey and Buyer hereby accepts and assumes all of the above ground and underground equipment and structures located within and without the plant as described in the special warranty deed including presently installed pipes, pumps, holding tanks and other equipment which are used in connection with the plant as it is operated on the date hereof; 3) Excluded from such transfer are two grinder pumps, pipes and related equipment used to remove effluent from the Sellers' property to the plant all as depicted on the attached exhibit as retained equipment which shall not be included in the transfer and shall remain the property of the Sellers; 4) In addition to the foregoing items the Sellers do hereby transfer and assign, and Buyer does hereby accept and assume, all of the contract rights relating to the treatment plant including operating agreements, permits, approvals, easement for sewer lines and agreements to provide services and collect fees from existing residential users as of the date of the transfer. The existing residential users are the successors in title to William Ayers and Ada Marie Ayers who acquired title by deed recorded in the Madison County Deed Registry at Deed Book 238, Page 562 and to Frank B. Cook who acquired title by Deed recorded at Book 257, Page 26 of the Madison County Deed Registry (hereinafter the "Residential Users"). The right to collect fees for sewage services shall be pro -rated as of the date hereof (the "closing date"), with Sellers retaining the right to collect all fees accruing for service provided prior to and including the closing date, and Buyer being entitled to collect fees for services provided commencing the day after closing; 1 5) The parties hereby agree that the treatment plant is being transferred and sold to Buyer in an "As Is, Where Is" condition with all existing faults and without express or implied warranty of any kind including but not limited to warranties arising by operation of law. In this regard, the parties acknowledge that Buyer's affiliated company originally constructed the plant and formerly operated the same. Further, Buyer represents that it has expertise in the operation and maintenance of the plant and waives any defect in construction or design of the same and Buyer assumes responsibility for the operation and maintenance of the plant as of the date of closing and agrees to hold Seller harmless for matters subsequent to the closing date. Buyer acknowledges that in the 90 day period preceding the closing, work and/or materials may have been performed or provided to the plant and Buyer assumes any and all risk associated with the same; 6) Buyer represents that in additional to delivering the purchase price at the closing, Buyer shall have all utilities needed to operate the plant, scheduled to commence in Buyer's name the day following the closing and shall have made arrangements with a waste water operating company to commence operations of the plant in place of Sellers' operating company on a schedule agreeable to the parties; 7) Buyer further agrees that following the closing and continuing as needed in the future Wolf Laurel Property Owners Association, Inc., may discharge its swimming pool into its pond through the existing creek to pond feedline; 8) Buyer covenants and agrees that it shall provide limited capacity sewage disposal services to one nonpublic bathroom on the Wolf Laurel Road Maintenance and Security Homeowner's Association, Inc., property located at 125 Valley View Circle for an annual fee of $450.00 in the event the Association, Inc. requests the service; 9) Buyer shall use the plant to provide sewage disposal to Buyer's commercial building located at 578 Valley View Circle operated as ski lodge, restaurant and office space ("Ski Lodge'). Buyer covenants and agrees that other than the Ski Lodge, the Residential Users, and the property of Wolf Laurel Road Maintenance and Security Homeowner's Association, Inc., Buyer shall not provide services to any other user without first obtaining the consent of Wolf Laurel Road Maintenance and Security Homeowner's Association, Inc.Such consent may be conditioned upon new users providing a letter from Wolf Laurel Road Maintenance and Security Homeowner's Association, Inc. to Buyer before connection confirming that such user has made satisfactory arrangements with Wolf Laurel Road Maintenance and Security Homeowner's Association, Inc. concerning security and road use issues and that proposed user is current in all obligations to Wolf Laurel Road Maintenance and Security Homeowner's Association, Inc.; 10) Sellers shall execute any document or notice of transfer required by the state of North Carolina to transfer or surrender the existing waste water plant permit to Buyer or if required, to facilitate Buyer's new permit to operate the plant. Sellers shall not incur any expense associated or connected with the transfer or surrender of the existing permit; 11) Sellers shall execute, in addition to the easements described in the special warranty deed a new non-exclusive easement for the construction, installation and maintenance of a sewer line, ingress and egress 25 feet in width crossing Sellers' property to and from the plant and the Ski Lodge sewage outflow connection. This easement shall be in addition to the easements for sewer lines now existing, where existing, or to be installed in designated utility corridors. This easement shall provide Buyer the right to travel to and from the plant over and across the lands of the Sellers for designated access to underground facilities located outside the land on which 2 the plant is situated. In addition to ingress and egress the easement shall be for inspection, construction, improvement and repair and shall be documented by separate instrument executed by sellers and incorporating "as built" maps and plans developed by buyer and illustrating the location and nature and extent of the utility equipment located within the easements. 12) This is agreement and the special warranty deed executed contemporaneously herewith are the final, full and exclusive expression of the agreement of Sellers and Buyer and supersedes all prior oral or written statements, agreements or understandings of the parties. This agreement may only be modified or terminated by a writing executed by all parties hereto. 13) Any party hereto shall be entitled to enforce this agreement in a court of competent jurisdiction, and shall be entitled to seek any and all rights and remedies afforded at law or in equity, including but not limited to monetary damages, injunctive relief and the right to demand specific performance of the terms set forth herein, or any combination of the foregoing rights and remedies. This agreement is made for the benefit of the parties hereto and no other person shall have standing to bring any action hereunder, nor shall any other person be deemed a beneficiary of any provision of this Agreement. 14) This agreement shall survive the closing of the transactions contemplated herein. The terms, conditions, limitations and restrictions set forth herein are intended to be covenants running with the land. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their duly authorized officers this the day and year first above written. WOLF LAUREL PROPERTY OWNERS ASSOCIATION, INC. BY: P SIDENT/ VICE PRESIDENT WOLF LAUREL ROAD MAINTENANCE AND SECURITY HOMEOWNER'S ASSOCIA�'y*, INC. Title: /cz,, Ye,r �, �• 3 SKI THE RIDGES, LLC f / By. v ORVILLE ENGLIS , MANAGER/PRESIDENT kP NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory John E. Skvarla, III Governor WATER QUALITY PERNUTTING SECTION Secretary PERMIT NAME/OWNERSHIP CHANGE REQUEST This form is for ownership changes or name changes of NPDES wastewater permits. • "Pennittee" references the existing pennit holder • "Applicant" references the entity applying for the ownership/name change. L NPDES Permit No. (for which the change is requested): or Certificate of Coverage #: N C008271 �� RECEIVED/DENR/D NCGS APR 20 2015 H. Per n,Section Existing Pcrmittee Information: 9 a. Permit issued to (company name): Ski The Ridges LLC - English Wolf Inn - dba: Wolf Laurel Inn WWTP b. Person legally responsible for permit: Orville English First MI Last President/Owner Title 355 Aleesha Mountain Road Permit Holder Mailing Address Mars Hill C 28754- City Late Zip 8j 28)689-4111 ( ) Phone Fax C. Facility name: English Wolf Inn - dba: Wolf Laurel Inn WWTP d. Facility's physical address: 125 Valley View Circle Address Mars Hill C - 28754- City tale Zip e. Facility contact person: Orville English ,(828 68) 9_4111 First / MI / Last Phone M. Applicant Information: a. Request for change is a result of Change in ownership of the facility Name change of the facility or owner Ijother please explain: b. Permit issued to (company name): Wolf Laurel Property Owners Association & Bayview dba: Wolf Laurel Inn C. Person legally responsible for permit: Frederick Tygart Fist Last President - WLPOA Title 91 Village Lane Permit Holder Mailing Address Mars Hill C 28754 City tate Zip �9 tygart2212@yahoo.com Phonc E-mail Address d. Facility name: WLPOA WWTP e. Facility's physical address: 125 Valley View Circle Address Mars Hill 14C 28754- City Itate Zip £ Facility contact person: James G Landry First W Last Director - WLPOA Title (828) 689-4597 jlandry@wolflaurelpoa.com Phone E-mail Address IV. Will the permitted facility continue to conduct the same commerciallindustrial activities conducted prior to this ownership or name change? Yes No (please explain) If applicable, the applicant shall submit a major permit modification request to DWR. A major modification shall be defined as one that increases the volume, increases the pollutant load, results in a significant relocation of the discharge point, or results in a change in the characteristics of the waste generated. V. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: 1. This completed application is required for both name change and/or ownership change requests. 2, Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) reouiLed for an ownership change request. Articles of incorporation are not sufficient for an ownership chan Applicable regulations: 40 CFR 122.41, 40 CFR 122.61 and 15A NCAC 02H .0114 e. The certifications below must be completed and signed by both the permit holder prior to the change (Permtttee), and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITfEE CERTIFICATION (Permit holder prior to ownership change): I, Orville English, attest that this application for a namelownership 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 letter of explanation Signature Date APPLICANT CERTIFICATION I, Frederick Tveart. 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. Signature Date ************************** PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Page I of Revised 710112014