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HomeMy WebLinkAboutNC0076708_Owner (Name Change)_20160509 1 0 Ae 8 i 4u �� May 5, 2016 Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NPDES Permit NC0076708 RECEIVEDINCDEWWR Riverwind Mobile Home Park WWTP MAY 0 9 2016 Henderson County Water Quality Permit Ownership Change Request Permitting Section To Whom It May Concern: Enclosed for your review, please find a Permit Ownership Change Request application and supporting documentation for the above reference facility in duplicate. • Sewer System Permit Ownership Change PNOCF 08-13 • Permit Name/Ownership Change Request • Current NPDES Permit NCO076708 • Wastewater System Asset Purchase Agreement • Memorandum of Lease • Bill of Sale • Certificate of Public Convenience and Necessity If you have any questions, comments, or need further information, please feel free to call me (864) 882-8194 ext. 128 or email me at sheilat(�oldieassociates.com. Thank you for your assistance on this application. Sincerely, JACABB UTILITIES, LLC r� Sheila J. Tinsle J-�/ Executive Assistant Enclosures 210 W. North Second St. 9 Seneca, SC 29678 9 Phone (864) 882-8194 9 Fax(864) 882-0851 r� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Donald R.van der Vaart Governor WATER QUALITY PERMITTING SECTION Secretary PERMIT NAME/OWNERSW CHANGE REQUEST This form is for ownership changes or name changes of NPDES wastewater permits. • "Permittee"references the existing permit holder • "Applicant"references the entity applying for the ownership/name change. 1. NPDES Permit No.(for which the change is requested: N C 0 0 7 6 7 0 8 or Certificate of Coverage#: l l` C G 5 T� 11. Existing Permittee Information: a. Permit issued to(company name): Riverwind Homeowners Association b. Person legally responsible for permit: David R Losleben First Ml Last Director Title 30 Riverwind Drive Permit Holder Mailing Address Hendersonville NC 28739- City State Zip (828)891-6463 (828)891-9287 Phone Fax c. Facility name: Riverwind Mobile Home Park d. Facility's physical address: 472 Riverwind Drive Address Hendersonville NC 28739 City State Zip e. Facility contact person: David R. Losleben (828) 891-6463 First / MI / Last Phone III. Applicant Information: 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): JACABB Utilities,LLC c. Person legally responsible for permit: Stephen R Goldie First MI Last Managing Owner Title 210 W.N.2nd Street Permit Holder Mailing Address Seneca SC 29678- City State Zip (864)882-8194 steve@goldieassociates.com Phone E-mail Address Page 1 of 2 Revised 7/01/2014 d. Facility name: Riverwind Mobile Home Park e. Facility's physical address: 472 Riverwind Drive Address Hendersonville NC 28739- City State Zip f Facility contact person: Andrew Hooper First MI Last Field Manager Title (864)903-4637 drewh ,goldieassociates.com Phone E-mail Address IV. Will the permitted facility continue to conduct the same commercial/industrial 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: I. 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)is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. Applicable regulations:40 CFR 122.41,40 CFR 122.61 and 15A NCAC 02H .0114 ................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change(Permittee),and the new applicant in the case of an ownership change request. For a name change request,the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION(Permit holder prior to ownership change): I, David Losleben,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 APPLICANT CERTIFICATION 1,Stephen Goldie,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 reqis not included,this application package will be returned as incomplete. uired s pportin inform tion "eF 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 NPDES PERMIT NAME/OWNERSHIP CHANGE REQUEST Page 2 of 2 Revised 7/01/2014 MEMORAI"UM OF LEASE THIS MEMORANDUM OF LEASE is entered into this_ 7— day of_ jNY—, 2016, by and between RIVERWIND HOME OWNER'S ASSOCIATIONS, INC., a North Carolina non-profit corporation ("Landlord") and JACABB UTILITIES, LLC, a North Carolina limited liability company ("Tenant"). WITNESSETH: WfIEREAS, Landlord and Tenant entered into a lease dated October 1, 2015 (the "Lease"), covering certain premises described and referred to as the "Waste Water Treatment Plant Lot"' and WHEREAS, it is the desire of the parties hereto to enter into a Memorandum of Lease for the purpose of recording the same and giving notice of the existence of the Lease; and NOW, THEREFORE, in consideration of the rents reserved and the covenants and conditions more particularly set forth in the Lease, Landlord and Tenant do hereby represent the following: 1. Landlord has leased unto Tenant and Tenant has rented from Landlord, certain real property, more particularly described on Exhibit"A" attached hereto and incorporated herein by preference (the "Premises"). 2. The term of the Lease commenced on the 2A/ day of Ay , 2016 and shall terminate on the last day of the ninety-ninth (99") year thereafter, unless sooner terminated as provided in the Lease. 3. This instriunent is executed for the purpose of giving public record notice of the fact of execution of the Lease, and all of the terms and conditions of the Lease and amendments thereto, if any, are incorporated herein by reference. This Memorandum of Lease shall extend to and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed these presents and set their hands and seals the day and year first above written. c �r LANDLORD: RIVERWIND FIONIE OWNER'S ASSOCIATION, INC., a North Carolina non-profit corporation Y David R. Losleben, President STATE Or NORTH CAROLINA COUNTY OF HENDERSON On _ a (10 , before,- (10� Lf4 `notary public, personally appeared DAVID R. LOSLEHEN or roved to me on the basis of s tisfactor p , p Y pp � P � Y evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and ofTiciaLsta or seal. Signatur • EAL) [N .-ARY SEAL OR S'T'AMP] JAMIE N HARRINGTON Q , Notary Public, North Carolina <:. Buncombe County My Cor niissi n Expires •. _ L$ �- TENANT: JACABB UTILITIES, LLC, a North Carolina limited liability company c By: tephen R. Goldie, Managing Owner STATE OF SOUTH CAROLINA COUNTY OF OCONEE On ,; > , before, etla J7'7_/r7_�/ee,j , a notary public, personally appeared TEPHEN R. GOLDIE (or proved to me on the basis o satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official stamp or seal. Signature / (SEAL) [NOTARY SEAL OR STAMP] my Ccmvn+5s� , Qx�i'res ��aa/ael 6 1 Y EXMBIT"A" WASTEWATER TREATMENT PLANT LOT That certain lot located between Lots 35 and 476 of Riverwind,more particularly described as follows: BEGINNING ata new iron pin located in the common boundary line of the properly of James E.Jones (now or formerly)("Jones") pursuant to deed recorded in Book 731, Page 893 of the Henderson County Public Registry(the"Registry")and the properly of Oakwood Land Development Corporation (now or formerly)("Oakwood")pursuant to deed recorded in Book 813, Page 231 of the Registry,said new iron pin being located the following two(2)courses and distances from an existing iron pin located at the easternmost corner of the Oakwood property and a common corner with Jones:(l)North 03-18-01 West 416.82 feet to an existing iron pin, another common corner with Jones; and(2)North 59-18-23 West 263.41 feet to the POINT OR PLACE OF BEGINNING, and running thence from said Point or Place of Beginning and continuing with the common boundary line of property of Oakwood and Jones the following two(2)courses and distances: (1)North 59-18-23 West 25.00 feet to a point located at the southwesterly terminus of the centerline of an easement described in Book 731, Page 898 of the Registry; and (2)North 59-18-23 West 74.60 feet to a new iron pin, said new iron pin being located South 5948-23 East 1=41.15 feet fi•om an existing iron pin located at another common corner of the property of Oakwood and Jones; thence leaving the common boundary line of the property of Oakwood.and Jones a new line as follows,South 30-41-37 West 30.83 feet to a new iron pin;thence North 89-21-16 West 30.69 feet to a new iron pin; thence South 81-28-05 West 42.55 feet to a new iron pin;thence South 72-18-57 West 108.66 feet to a new iron pin; thence South 80-44-07 West 38.14 feet to a new iron pin located in the easterly margin of the proposed right-of-way of Riverwind Drive; thence with the easterly margin of the proposed right-of-way the following three(3)courses and distances:(1)with the are of a circular curve to the right having a radius of 176.00 feet, an are distance of 31.61 feet and a chord bearing and distance of South 51-10-17 East 31.56 feet to a point;(2) with the arc of a circular curve to the left having a-radius of 235.00 feet,an arc distance of 44.20 feet and a chord bearing and distance of South 51-24-55 East 44.14 feet to a new iron pin; and(3)with the arc ora circular curve to the right having a radius of 140.00 feet, an arc distance of 51.28 feet and a chord bearing and distance of South 46-18-36 East 51.00 feet to a new iron pin; thence leaving the margin of the proposed right-of-way of Riverwind Drive,North 76-54-46 East 175.04 feet to a new iron pin; thence North 37-29-21 East 80.27 feet to the POINT OR PLACE OF BEGINNING and containing approximately 0.58 acres all as shown on a survey entitled "Plat of Oakwood band Development Corporation Sewer Plant Lot"dated January 26, 1999 and prepared by Steven Lloyd Waggoner NC PLS 2874. TOGETHER WITH a right of way being twenty-five(25) feet in width which extends from the property described hereinabove to the French Broad River as set forth in the deed to the Grantor recorded in Book 813, Page 231 of dic Henderson County Registry.