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HomeMy WebLinkAboutNC0079481_Permit Modification_20060831\o�.o..F��w arF�9Pc `Oil Ylr r- > 1 =i Dennis J. Whitson 3800 Sugar Hill Rd. Marion, NC Dear Mr. Whitson: 28752 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek P.E. Director Division of Water Quality August 31, 2006 Subject: NPDES Permit Modification Permit NCO079481 Harmony Estates W W rP formerly Harmony Estates, Inc. McDowell County Division personnel have reviewed and approved your request to transfer ownership of the subject permit received on August 15, 2006. This permit modification documents the change in ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect This pewit 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 contenting this permit modification, please contact the Point Source Branch at (919) 733-5083 extension 363 or 350. Sincerely, /r, �p AAl=W.limels, P.E. cc Central Files Asheville Regional Office, Surface Water Protection NPDES Unit File North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet h2o.enrstate.ne.us 512 N. Salisbury St. Raleigh, NC 27604 - FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper i Permit NCO079481 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Dennis J. Whitson is hereby authorized to discharge wastewater from a facility located at the Harmony Estates WWTP NCSR 1765 Marion McDowell County to receiving waters designated as an unnamed tributary to North Muddy Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 31, 2006. This permit and authorization to discharge shall expire at midnight on December 31; 2009. Signed this day August 31, 2006. %-- Man W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission s Permit NCO079481 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDM 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. Dennis-J. Whitson, is hereby authorized to: 1. Continue to operate an existing 0.020 MGD wastewater treatment facility with the following components: ♦ Bar screen ♦ Equalization tank ♦ Dual grinder pumps ♦ Aeration tank ♦ Clarifier ♦ Sludge holding tank ♦ Chlorination and dechlorination equipment ♦ Flow meter (totalizer) This facility is located east of Marion at the Harmony Estates WWTP on NCSR 1765 in McDowell County. 2. After receiving an Authorization to Construct from .the Division, construct and operate a 0.040 MGD wastewater treatment system. 3. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to North Muddy Creek, classified C waters in the Catawba River Basin. Illy 11 0 i, /l o I I U U-1 I -1\ N �x 0, 7Xr t 1 1 3946 !6 40 7 11Z I z - L ti 0 42 V 3545 p Utitude: 35*40'28" NC0079481 Llongitude: 81'53'39" Receiving Stream: UT North Muddy Creek Harmony -Estates Qu2d#:EllNW VAVT? Facility ��J, Wi� 0 Location Stream Class: C Subbasin: 30830 q/ORTHSCALE 1:24000 F Permit NCO079481 A. (1.) EFFLUENT LIMITATION$ AND MONITORING REQUIREMENTS [0.020 MGD] During the period beginning on February 1, 2005 and lasting until expansion above 0.020 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS . Monthly Avera a Daily- Maximum ' Measurement Frequency Sample e Sample Locations Flow 0.020 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 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 NH3 as N (April 1- October 31 2.0 mg/L 10.0 mg/L Weekly Composite Effluent NH3 as N November 1- March 31 4.0 mg/L 20.0 mg/L Weekly Composite Effluent Fecal Coliform (geometric mean 200 / 100 ml 400 / 100 ml Weekly Grab Effluent Dissolved Oxygen2 Weekly Grab Effluent, Upstream & Downstream Total Residual Chlorine 28 Ng/L 211Week Grab Effluent Temperature CC) Weekly Grab Effluent, Upstream & Downstream pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L. There shall be. no discharge of floating solids or visible foam in other than trace amounts. t Permit NCO079481 A. (Z.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [0.040 MGD] During the period beginning after expansion above 0.020 MGD and lasting until expiration, ' the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Average Weekly _. Average Measurement. FrequenCy Samete T ` e Sample'Locationi Flow 0.040 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 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 NH3 as N (April 1— October 31 2.0 mg/L 10.0 mg/L Weekly Composite Effluent NH3 as N November 1— March 31 4.0 mg/L 20.0 mg/L Weekly Composite Effluent Fecal Coliform (geometric mean 2001100 ml 400 / 100 ml Weekly Grab Effluent Dissolved Oxygen2 Weekly Grab Effluent, Upstream & Downstream Total Residual Chlorine 28 Ng/L 2/Week Grab Effluent Temperature CC) Weekly Grab Effluent, Upstream & Downstream pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L. There shall be no discharge of floating solids or visible foam in other than trace amounts. Feb 23 07 11:00a Dennis Whitson S y _ r 0 1-828-738-4276 p.2 WM= Q Rms Jr.. Secretary Na lb Carolina Dgmbn of of Euv:roatao :nt and Mum[ Reswmes Alan W. LCLhdi P_E. Di:edw L3ivisionad' Water Quality SURFACE WATER PROTEMON SECTIO " PERMIT N*KVQWNEItSEiP CHANGE Fort t I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Covane N C 1010 1 11.0 141 IN_I_CI-Gl IL Permit status Rk to status change, a Permit issued to (company name): b. Person legally responsible for permit: c. Facility name (discharge): d. Facility address: e. Facility contact person: Harmony Estates Properties, LLC C. Leroy Dixon fka / MI 1 ire President �. 29411 Petunia Dr P=* Hollrx Msitiag Addras Easton NC - • 21 601 MY smk i410 ;822-8306 � 41 9 822-8306 Ifiome ftx Harmony Estates Nebo NC 28761 city Stato 24 Fiat I Lull ! Last Phone ili. Please provide,the following for the requested change (revised permit). a Request for change is a result of ® Change in oummhip of the fatality 13 Name change of the facility or owner ff otherpleme explain: b .remdit4i rcom�pany namej: wG 'CIO ...... VAT ER G(JAII1Y- C.PTO j, �Jj Revised UM d. Facility name (discharge): e. Facility address: for pmwt: .Whi..tsQP P_ _epp a t. _ , Dennis J. Whitson Fast I Lou / Last Broker Mtk 3800 Sugarhill Road Peanit MderMaL bgAddws Marion, LAIC 28752 cit82 738�3540 dennnisw@whits nrealty, co m PAme Emad Astdms Harmony Estates .A►dd= Nebo NC 28761 City Smote zip f. Facility conw person: Dennis J. Whitson Fuat ! MI / L" 7.3&-35Yb Wbi'PstwiQjrad?.t'�.� Phaue LrmO A Ad" Feb 23 07t.11:00a Dennis Whitson 1-828-738-4276 p.3 PERMIT NAME/OWNERSH P CHANGE FORM Page 2 of 2 - IV. Permit contact information: (if different from the person legally responsible for the permit) Permit contact: Fiat I Mt I last Title hWattins Addreta City State Zip phona EnW1 Address V. Will the permitted facility Continue to conduct the $ame industrial sctividess conducted prior to -this ownership or name chaiage? M Yes D No (pleaso explain) ML Requht d Items: THIS APPLICATION HILL BE REIrWED UNPROCESSED IF ITEMS ARE TNCOIIMETE O�MISSING. O This completed application is required for both name change andlor ownership change requests. Cl Legal docimentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is. reylltee for an ownershhip change request. Articles of incorporation are not suffcient for an ownership change. ..................1....A.............................r...........I.................goo, ......... The certifications below must be completed and signed byLot-Is the permit holder prior to the change, end 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 ownersh p change): C . Leroy Dixon attest that this application for a namelowneaMp 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. :'k.)° ,ICAI NT CEi:M1CTION: J-7i I.Oeil attest that this application for a namdownership 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 infonnation is not included, this application Package: will beretu+ ned as ineo ete. siouawm Dale PLEASE SEND THE COMPLETE APPLICATION PACIUGE TO: Division *Mawr Quality Surface Water Protection Section 161.7 Mail Service Center Raleigh, North Carolina 27699-16I7 Revised 7I2005 Feb 23 07•. 11:00a Dennis Whitson Beak 851 Page 999 1-828-738-4276 p.4 2005009194 cc, xc M $20.00 mu of itc Illy EMU On $412.00 $41 : UU ., U-22-M 03:22:31IN Patrtola a. Reel UNIX= Q ease. Kra.. 0=1m ar asses BK:CRP 851 PG: 999-r1001 Excise Tax 3 �{/� Recordis Time. Bookand Page r r.rw - Tax Lot No. Parcel Identifier No. Va tfied by - Cou■ty on the day of , By AIL rfr recording to: GRANTEE Q A 609 ktjo A jeigA n 0 2 $ TS2 This instrument prepared by: H. RUSSELL NEIGHOM, AL. 28 S. Main St., blarion, NC 228752 r mf d30 BRIEF DESCRIPTION FOR INDEX: NEBO TOWNSMP NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this the 20th day of December. 204 by and between GRANTOR GRANTEE HARMONY ESTATES, INC. '* DENNIS J. WRITSOK and A At.0 CORPO RATION * Wife, JENNIFER L WHITSON � CRA TAi a •� * �1 Enter in appropriate block for each Marty: name, addrel% and if appropriate. character of entity, eq, corporative or partnership. The designation Grantor and Grantee as used herein shalt Include said parties, their bears, successors. and sssips, and shall indudesinqular, plarat, masculine. feminine or natter as required by context WITNESS&Tli, tht the Grvitor, for a vittuable camidcration paid by tits Grantee, the receipt Qf wh:cb it herby acknowledged, has and by then presents does grant, bargals, eels and convey auto ttst Grantee in FEE SIMPLE. all that certain lot or pained or land situated in the City of NA, NEBO Township. NICDoweil Caunty,, North Caroltna and more particularly deseribcd as follows: CONMINUED - 31ao Feb 23 07.. 11:00a Dennis Whitson 1-828-738-4276 p.5 80ok 851 Pape 1000 CRP 851 1000 BEING ALL OF LOTS OF PHASE I OF THE HARMONY MATES SUBDIVISION AS R1 E1�.'IM 071BT6 b FTME I oW)rft WA MbAV I MAT �4IT91W �lOW%II RECORDED IN PLAT BOOK 4 ON PAGE 369 IN THE MCDOWF.LL DEED REGISTRY AS FOLLOWS: Four (4); Five (5); Six (A Seven (7); Eight (8); Fourteen (14); Fifteen (15); Sixteen (16); Seveateen (17); Eighteen (18); 'Nineteen (19); Twenty (20); Twenty One (21); Twenty Two (22); Twenty Three (23); Twenty Mine (29); Thirty (30); Thirty One (31); Thirty Two (32); Thirty Three (33); Thirty Four (34); Forty Two (42); Forty Three (43) Forty Four (44); Forty Five (45) as recorded in Plat Book four (4) on Page three hundred sixty nine (369), hereby incorporated by reference as if fully set out to which irSerence is hereby made for more complete description. BEING ALL OF THE LOTS OF PHASE 11 OF TOE HARMONY ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK 4 ON PAGE 369 Ili THE MCDOWELL DEED REGISTRY AS FOLLOWS: One (1); Fifty Four (54). Fifty Five (55); Fifty Six (56); Fifty Seven (57); Fifty Eight (58); Fifty Nine (59); Sixty (60); Sixty One (61); Sixty Two (62); Sixty Three (63); Sixty Four (64); Sixty Five (65); Sixty Six (66); Sixty Severn (67); Sixty Eight (68); Seventy Five (75); Seventy Six (76); Seventy Seven (77) Seventy Eight (78); Seventy Nine (79); Eighty (8ft, Eighty Thrct; (83); Eighty Four (84); Eighty Five (95), Eighty six (86) Eighty Saw (87); And The Water And Septic Systems Locatcd On The Lots And The Lots Themselves Nuanbes+ed Sixty Nine (69% Seventy (70); Seventy One (71); Seventy Two (72) Seventy Three (73); Ninety (90) And Ninety One (91) as recorded in Plat Book four (4) on Page three hundred sixty nine (369) hereby incorporated by reference as if fully set out to which reference is hereby made for more < complete description. Grantor further covenants and agrees that the said maintenance systems for water and septic services are lawfully functioning to the best of Grantor's knowledge, are properly licensed and operational; and are in good working order as of the day of this instrument. Crantor/Developer further expressly covenants and agrees and does hereby modify the Covenants and Restrictions of Harmony Estates as recorded in Book 439 on Page 729, amended in Book 461 on Page 228 and recorded in Bowls 497 on Page 993 of the McDowell Deed Registry that neither grantor/ developer, its (his) heirs nor assigns shall amend, revoke, modify or change tree restrictions currently existing on the above -denoted lots or either of them as hereinabnve detailed without the prior express approval and joinder of Grantee Dennis J. Whitson and wife, Jennifer 1C. Whitson in writing and thereafter duly recorded in the McDowell Public Registry. Said restrictions include all recorded menitnts, restrictions and conditions on said lots and in particular the Decaration of Covemats and Restrictions of harmony Estates recorded in Deed Book 439 at page 729; as amended by Declaration of Covenants and Restrictions of Harmony Estates recorded in Book 461 on Page 228; and as amended in Book 479 on Page 993 of the McDowell Public Registry. GrantorJdeveloper further covenants and expressly agrees that far itself (themselves) its (their) heirs and assigns that they agree to anncnd aW tnAi'y tho Am, 40919d Nvem"is tntd SeAi9dQns Qn t?g 19to RbQYr, 40-M Ugen tc written request of Dennis I. Whitson and wife, Jennifer K. Whitson and joined in by Dennis J. Whitson and wife, Jennifer K. Whitson so long as such modifications and or amendments do not harm the overall residential character scheme and ambiance of the development Harmony Estates nor have a negative effect on the marketability or value of the remaining lots in said subdivision whether Fold or unsold; owned by grantor/developer, Dennis J. Whitson and wife, Jennifer YL Whitson'or third party purchasers. TOGETHER WITH AND SUBJECT TO all rights of ingress, egress and regress over and through all such subdivision roads as are constructed for access to and from Deer Park Road as they currently exist and all private roadway rights of way as sho%m in Plat Book 4 on Page 369 ofthe McDowell Deed Registry. hereby incorporated by reference as if fully set out and to which reference is hereby made for more complete description. END Feb 23 07.11:01a Dennis Whitson 1-828-738-4276 Book 851 Page 1001 CRP 851 1001 TO SAVE. AND TO HOLD the aforestiid let or parcel of land and all privileges and appurtertanves thereto belmgingto the Grantee in FEE SIMLE. belattgingto the Grantee in FEE SIMPLE. And the Orantor covenants whit the Grantee, that Grantor is seized of the prMiscs in FEE SIMPLE, has the right to convey the some in FEE SUVIPLE, 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 c=qA for the exceptlons hereinafter stated. Title to the property heminabore described is SUBJECT TO the following exceptiorts: 1. Subject load public, private and udUty easements of record. 2. Subject (92WS ad valorem tames due and payable and subsequent yew. IN WITNESS WHEREOF. the Grantor has hcremto set bis hand and seal, ar if corporate, has caused this lnst anent to be signed in its corporate name by its duly authorized officers and its sea] to be hereunto afted by authority of its Dowd of bitxctots, die day and year first above written. HARMONY E',STATIE.S, INC. (CORPORATE ��..�-:�r.yyq t►g ��$ By: _ 14-1-90 SEAL C. L ROY DRON, President Iwo STATE OF COUNTY OF 1, a Watary Public of the County and State aforesaid, certify that `11 C. LEROY DIXON peltsonally appeared bef= me this dzy and I have personal knowledge of the identity of the prinoipat(s) I have seen satisfactory evidence of the principal's identity ka current stqte or federal idratification widt the principle's photograph in the form of a _LATS t .1 S,t Ct,d!5 Z __ c. a cred+'ble winless has swum to the identity of the principal(s) each acknowledged that he is President of harmony Estates, Inc. a North Carolina Corporation. and that he as President, being authorized to do so, oxewted the foregoing on behalf bf the ,e&pdtAfiett far the putpade three that6hi Arid to tht capacity indicAted Witness my hand and oMcial stamp or srai. this the day offt~�___, za05. El,.tItp ��'' r• 1y4TARI- L% \ N /' Notary Public & PUBLIC 3 •r �p f�.G.--i%G?.yC s Print Name: huatn,Aaa�' DAy commission cxptres: " 3 PA7WCU A. REEL, REGISTER OF DEEDS FOR MCDOWELL COUNTY NC Bar Assoc. F41rm Pia. 3A 0 1977.