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