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Home My WebLink AboutNC0088439_Permit Modification_20090310MUM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 10, 2009 DENNIS J FULLENCAMP CRANBERRY COVE LLC 3443 HANCOCK BRIDGE PARKWAY SUITE 301 NORTH FORT MYERS FL 33903 Dee Freeman Secretary Subject: NPDES Permit Modification- Name anaior Ownership Change Permit Number NC0088439 Cranberry Creek Development W WTP Avery County Dear Mr. Fullencamp: Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on March 5, 2009. 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. Sincerely, Sullins cc: Central Files Asheville Regional Office, Surface Water Protection NPDES Unit File NCO088439 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St Ralegh, North Carolina 27604 One Phone: 919-807.63001 FAX 91N07-64921 Customer Service: 1-877-623-6748 NorthCarolina Internet www.noNaterquafiry.org �Vatura!!r� An Equal Opportunity 1 Affirmative Action Employer Permit NCO088439 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, Cranberry Cove, LLC is hereby authorized to discharge wastewater from a facility located at the Cranberry Creek Development WWTP Blevins Creek Rd. (SR 1361 ) Elk Park Avery County to receiving waters designated as Blevins Creek in the Watauga 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 March 10, 2009. This permit and authorization to discharge shall expire at midnight on September 30, 2012. Signed this day March 10, 2009. o en H. -Sullins, Director / Division of Water Quality By Authority of the Environmental Management Commission Permit NC0088439 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. Cranberry Cove, LLC is. hereby authorized to: 1. After receiving an Authorization to Construct permit from the Division, construct wastewater treatment facilities not to exceed 0.072 MGD design flow. 2. After submitting an Engineer's Certification, operate 0.072 MGD package plant located on Blevins Creek Rd. (SR 1361) at Cranberry Creek Development WWTP in Avery County and discharge from said treatment works at the location specified on the attached map into Blevins Creek, a class C-Tr water in the Watauga River Basin. Permit NCO088439 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning upon completion of the construction of WWTP 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 Daily Maximum Measurement Frequency Sample Type Sample . Location Flow 0.072 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 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent Total Residual Chlorine (TRC)' 28 Ng/L 2/Week Grab Effluent NH3 as N (April 1— October 31 7.0 mg/L 35.0 mg/L Daily Composite Effluent NH3 as N November 1—March 31 21.0 mg/L 35.0 mg/L Daily Composite Effluent Total Nitrogen Semi -Annual Composite Effluent Total Phosphorus Semi -Annual Composite Effluent Temperature (°C) Weekly Grab Effluent pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. Limit and monitoring applies only if chlorine is added for disinfection. There shall be no discharge of floating solids or visible foam in other than trace amounts BLUE RIDGE ENGINEERI LETTER OF TRANSMITTAL ain Street Phone: (336) 38-2500 POW'%ZrrihWilkesboro, NC, 28659 Fa*: (336 38-4179 Date: Company: Attention: Address: City/State2ip: We are Sending: QEnclosed ❑Samples ❑Literature ❑Copy of Letter ooDENR WATER QUALITY Marrcho o sSOURCE BRANCH Division of Water Quality Surface Water Protection Center 1617 Mail Service Center Raleigh, NC 27699-1617 ❑Change Order ❑Computations ❑Specifications ❑ Diskette / CD BRE Project Name: Cranberry Creek BRE Project Number: 6045 ❑ Originals ❑ Sepia(s) ❑ Print(s) ❑ Set(s) of Plans .............., :COPY TO: (A) Addressee (B) BRE Main Project File (C) PM's Project File ....................................................... i ❑ Under separate cover via Copies Dated Sheet Description 1 02/19/09 2 Surface Water Protection Section Permit Name/Ownership Change Form 1 02/27/09 5 North Carolina General Warranty Deed #2009000851 These are Being Sent: ❑x For Your Approval ❑ Approved as Noted ❑ For Your Use ❑ Approved as Submitted ❑ For Your Review and Comment ❑ Approved as Changed ❑ For Your Signature ❑ Returned for Corrections ❑ For Bids Due ❑ Returned After Loan to Us By: ❑ Courier ❑x UPS / Federal Express REMARKS: Permit Name/Ownership change form for approval on NPDES Permit #NC0088439 Sender & Date Tom Kutz, P.E. 3/4/09 ❑ Corrected and Returned ❑ As Requested EJ ❑ Mail ❑Other 9f enclosures are not as noted, kindly notify us Immediately `o�CF W A TF9oG Michael F. Easley, Governor r William G. Ross Jr., Secretary > y North Carolina Department ofFnvironment and Natural Resources O �c Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FO L Please enter the permit number for which the change is requested. NPDES Permit ��ry000�o�s�� H. Permit status prior to status change. a. Permit issued to (company name): b. Person legally responsible for permit (or) Certificate of Coverage N ICIG151 Dennis J. Fullenkamp Dennis J Fullenkamp First MI Last RECEIVED Tile 2911 NE Pine Island Rd. Permit Holder Mailing Address Cape Coral FL 33909 City State Zip (239)995-4884 (239)995-3191 Phone Fax cDE*4iIRy-n*0#WaQ6jALITY Cranberry Creek Development MWS R(I BRANCH Blevins Creek Rd. (SR 1361) Address Elk Park NC 28622 City State Zip e. Facility contact person: Dennis J Fullenkamp (239) 995-4884 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): c. Person legally responsible for permit: Cranberry Cove, LLC Dennis J Fullenkamp First MI Last Title 3443 Hancock Bridge Parkway, Suite 301 Permit Holder Mailing Address North Fort Myers FL 33903 City State Zip (239) 995-4884 difullenkamp@embargmail.com Phone E-mail Address d. Facility name (discharge): Cranberry Creek Development e. Facility address: Blevins Creek Rd. (SR 1361) Address Elk Park NC 28622 City State Zip f. Facility contact person: Dennis J Fullenkamp First MI Last (239) 9954884 difullenkamp@embargmail.com Phone E-mail Address Revised 8/2008 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 re uired for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITfEE CERTIFICATION (Permit holder prior to ownership change): I, Dennis J. Fullenkamo, attest that this application for a name/ownership change has been reviewed and is accurate F1lIWn(eP&'!IieZ1Xs plete to the best of my knowledge. I understand that if all required parts of this applicatit completed and that if all required supporting information is not included, this application package incomplete. Date APPLICANT CIERTIFICWON I, Dennis J. Fullenkamn, 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. Cranberry Cove, L '''N By: DJF,4Das Pan}f e, LLC "') /C� C ([�/// G ! ! / By: Date s M na of JF, LLC 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 7/2008 �11�a�I�O�II'<il�lll��lll� 2009000851 AVERY CO, NC FEE $26,00 tMUM sFEoaiMM 02 27-_ 2009 02:32:54 PM TAMEtA BAKER Or. EM rAM BK: RE 435 PG: 295-299 Excise Tax $ 0 - OO NORTH CAROLINA GENERAL WARRANTY DEED . Brief Description for the Index: 0.558 acre tract and •15' Right of Way & Easement, Cranberry Township THIS DEED, made this 1A day of February, 2009, by and between DJF, LLC, a Florida Limited Liability Company (a % undivided interest), and B&J NORTH CAROLINA LLC, an Ohio Limited Liability Company (a % undivided interest), GRANTORS, and CRANBERRY COVE, LLC, a North Carolina Limited Liability Company, GRANTEE, whose mailing address is: 2911 NE PINE ISLAND ROAD, FORT MYERS, FLORIDA 33909. The designations "Grantors"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. VIITNESSETH; that the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Cranberry Township, Avery County, North Carolina, and more particularly described as follows: BEING all of a 0.588 acre tract along with a fifteen foot (151) right of way and easement located in Cranberry Township, Avery County, North Carolina and more particularly described in Exhibit "A" attached hereto and incorporated by reference herein. , For back reference see Book 423, Page 1476, Avery County Registry. TOW Paid Through Properly Trans# r Card M cuor Prepared by: &�UmcrYates, PA Dat eY 0 a - and 136 North Water Street Return to Boone, NC 28607 By RE 436 296 • TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privilege and appurtenances thereto belonging to the Grantee in fee simple. And the Grantors covenant with the Grantee, that Grantors are seized of the premises in fee simple, *have the right to convey the same in fee simple, that title is marketable and fi-ee and clear of all encumbrances, and that Grantors will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinat%r stated. Title to the property heieinabove described is subject to the following exceptions: 1. Ad valorem Avery County current year and subsequent years not yet due. 2. Right of way and easement as set out within the attached property description. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. TA STATE OF A'441 OGC- COUNTY OF Y: I certify that the following person(s) personally appeared before me this day, acknowledging to me that he or she signed the foregoing document for the purpose stated therein and in the capacity indicated: Dennis L FuIIeneamp, Manager of DJF, LLC, a Florida Limited Liability Company Date: At Id 16 1 Official Signature of Notary Public: a94� Notary's Printedfryped Name: My Commission Expires:�- tab io N 0013 t usco An =. • �G ` RE 435 297 BW NORTH CAROLINA LLC, An Ohio Limited Liability Company By: anagement, LLC, its Manager: By: (SEAL) Dale G. Hafele, Assis an retary STATE OF ---Rdla. COUNTY OF I certify that the following person(s) personally appeared before me this day, acknowledging to me that he or she signed the foregoing document for the purpose stated therein and in the capacity indicated: Dale G. Hafele, Assistant Secretary of BW NORTH CAROLINA LLC, An Ohio Limited Liability Company Date: °G7 lD 1 (99' Official Signature of Notary Public: Notary's Printed/Typed Name:Lt.SGt.l�1`"�i!'lPd�l J� My Commission Expires: t Laa �,•••• ��a,,,� SUSAN JANEEN JONES Notary public - State of Radda • My Comm. Exykes Nov 19. 2012 commbsios 0 oo 63997r� tt5 Bonm ThdW Not�y Assn. RE 435 298 BMBIT. "A!' A 0358 acre tract of land situated at the end of a Turbyfill Road, a private drive leading from Blevins Creek Road (N.C.S.R. 1361), as described in Deed Book 423 at page 1476 of the Avery County Public Registry and as surveyed by Robert Y, Fuller, P.L.S. IA753, survey number 09225, dated December 29a, 2008 as: BEOWNING on existing leaf spQr0 a common comer with Sarah T. Buchanan and Harry 0. McGee, having North Carolina Geodetic Survey coordinates of: Northing = 887.468.68 feet, Fasting = 1,126,182.49 feet and located North 41 degrees 09 minutes 25 seconds East 351.37 feet from an existing 3/4" rebar at the northeastern bank of Blevins Cheek and in the line of Sarah T. Buchanan and Harry 0. McGee; Thence from the BEGINNINCr and with the McGee line, North 26 degrees 34 minutes 00 seconds East 155.26 feet to an existing 518" rebar; Thence with the same, North 55 degrees 08 minutes '05 seconds East passing an existing 1" galvanized pipe at 128.25 feet and continuing 4.14 feet, a total distance of 132.39 feet to a poin# in the line of DJF, LLC and B&J North Carolina, LLC, and being located South 05 degrees 31 minutes 40 seconds Bast 899.43 feet from -an existing 1/2" conduit at the base of a 36" oak, a corner to DJF, LLC and B&J North Carolina., LLC, and Hang 0. McGee; Thence with the fine of DJF, LLC and B&J North Carolina, LLC, South 05 degrees 31 minutes 40 seconds Had 195:98 feet to a point, a corner to Beulah Turbyf ll., and being located' North 05 degrees 31 minutes 40 seconds West 293.51 feet from an existing 5/8" rebar, a coiner to DJF, LLC and B&J North Carolina, LLC and Beulah Turbyf ll; Thence with the Turbyfill line, South 84 degrees 21 minutes 05 seconds West passing an existing 5/8" rebar at 2.70 feet, continuing 122.19 feet to the terminus of a fifteen (15) foot Right of Way, and further continuing 73.02 feet, a total distance of 197.91 feet to the BEGINNING, being described with bearings relative to the North Carolina Geodetic Survey and rounded to the nearest five seconds, coordinates. referenced to N.A.D. 183 (1986). and a combined grid factor of 0.999824441 applied to all measurements. - A3 EMBIT " A' (cons.) ALSO CONVEYING a fifteen (15) foot Right of Way and Easement leading from Blevins Creek Road (N.C.S.R 1361) to the above described 0.558 acre tract and. being 7.50 feet on both sides of the following descn'bed centerline: BEGINNING in the center of Blevins Creek Road, South 87 degrees 56 minutes 50 seconds West Z12.76 feet from an existing spike, a canner to Beulah Turbyfill and Randy Grindstaff; . Tbence from the BEGINNING, North 19 degrees 43 minutes 50 seconds West 80.24 feet, North 34 degrees 04 minutes. 50 seconds West 63.85 feet, North 38 degrees 32 minutes 51 seconds West 6 1. 15 feet, North 43 degrees 20 minutes 50 seconds .West 57.06 feet, North 35 degrees 21 minutes 50 seconds West 41.96 feet, North 18 -degrees 43 minutes 35 seconds Bast 43.51 feet, North 31 degrees 08 minutes 35 seconds East 58.40• feet; North 27 degrees 56 minutes 35 seconds East 49.86 feet;, North 19 degrees 55 minutes 35 seconds East 51.75 feed North 24 degrees 01 minutes 35 seconds East 47.87 feel, and North 23 degrees 24 minutes 35 seconds Bast 88.85 to the terminus, located -North 84 degrees 21 minutes 05 seconds East 73.02 feet from an existing leaf spring, the point of BEGINNING of the herein described 0.558 stare tract.