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Star Public Notices 7-24-13
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ABC LICENSE

GPM Southeast, LLC, trading as Scotchman #3431, 5663 Dickenson Hwy, Clintwood, VA 24228, Dickenson County, is applying to the VIRGINIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) for a Wine and Beer Off Premise license to sell or manufacture alcoholic beverages.

Mark C. King, CFO

NOTE: Objections to the issuance of this license must be submitted to ABC no later than 30 days from the publishing date of the first of two required newspaper legal notices. Objections should be registered at www.abc.virginia.gov or 800-552-3200.

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TRUSTEE’S SALE

OF Banner Street

P.O. Box 261

Tax Map No. 2700

Clinchco, Virginia 24226

In execution of a certain deed of trust dated October 22, 1998, in the original principal amount of $38,600.00 recorded in the Clerk’s Office, Circuit Court for Dickenson County, Virginia, in Deed Book 339 Page 784, default having occurred in the payment of the Note thereby secured and at the request of the holder, the undersigned Substitute Trustee will offer for sale at public auction in the front of the Circuit Court building for Dickenson County, 293 Main St., Clintwood, Virginia, on August 20, 2013, at 10:30 AM, the property described in said deed of trust, located at the above address, and more particularly described as follows:

BEGINNING AT A STAKE IN THE NORTH LINE OF BANNER STREET, A CORNER OF LOT NO.289; THENCE LEAVING BANNER STREET AND WITH ONE LINE OF LOT NO. 289, N. 24 DEG. 36' E. 202.2 FEET TO A STAKE, A CORNER OF BOTH LOTS NOS. 288 AND 289; THENCE LEAVING LOT NO. 289 AND WITH A PART OF ONE LINE OF LOT NO. 289 S. 69 DEG. 55' E. 36.3 FEET TO A STAKE; THENCE RUNNING THROUGH LOT NO. 288 S. 24 DEG. 09' W. 200.9 FEET TO A STAKE IN THE NORTH LINE OF BANNER STREET; THENCE WITH THE NORTH LINE OF BANNER STREET N. 71 DEG. 41' W. 28.0 FEET TO THE BEGINNING, AND BEING THE SAME LAND CONVEYED BY HENRY V. EDWARDS AND LINDA R. EDWARDS TO DANNY BRUCE HACKNEY AND DONNA BRUCE HACKNEY BY DEED DATED AUGUST 28, 1978 AND OF RECORD IN DEED BOOK 194, PAGE 223 OF THE CLERK'S OFFICE OF DICKENSON COUNTY, VIRGINIA.

TERMS OF SALE: ALL CASH. A bidder’s deposit of ten percent (10%) of the sale price or ten percent (10%) of the original principal balance of the subject deed of trust, whichever is lower, in the form of cash or certified funds payable to the Substitute Trustee must be present at the time of the sale. The balance of the purchase price will be due within fifteen (15) days of sale, otherwise Purchaser's deposit may be forfeited to Trustee. Time is of the essence. Sale is subject to post sale confirmation that the borrower did not file for protection under the U.S. Bankruptcy Code prior to the sale, as well as to post-sale confirmation and audit of the status of the loan with the loan servicer including, but not limited to, determination of whether the borrower entered into any repayment agreement, reinstated or paid off the loan prior to the sale. In any such event, the sale shall be null and void, and the Purchaser's sole remedy, in law or equity, shall be the return of his deposit without interest. Additional terms to be announced at the sale. A form copy of the Trustee's memorandum of foreclosure sale and contract to purchase real property is available for viewing at www.bwwsales.com.

This is a communication from a debt collector and any information obtained will be used for that purpose. The sale is subject to seller confirmation.

Substitute Trustee:

Equity Trustees, LLC

2101 Wilson Boulevard

Suite 402

Arlington, VA 22201

(703)548-4600

For information contact: BWW Law Group, LLC

attorneys for

Equity Trustees, LLC

4520 East West Highway

Suite 200

Bethesda, MD 20814

(301)961-6555

website: www.bwwsales.com

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NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF

950 Sutherland Ridge, Clinchco, VA 24226

(Dickenson Co., VA)

In execution of a deed of trust, from RICK D. SUTHERLAND, aka Ricky Dean Sutherland and DAINA L. SUTHERLAND, aka Diana Lynn Sutherland, dated July 6, 2010, in the original principal amount of $85,808.73, recorded in the Clerk’s Office of the County of Dickenson, Virginia, in Deed Book 478, at Page 659, (Seth E. Twery, P.C. having been appointed Substitute Trustee under instrument of record in said Clerk’s Office in Deed Book 501, at page 514), due to default in payment of the debt secured, the undersigned Substitute Trustee will offer for sale at public auction in front of the Courthouse for the Circuit Court of Dickenson County, Virginia on the 6th day of August, 2013, at 8:00 a.m.,that certain tract of real estate known as 950 Sutherland Ridge, Clinchco, VA 24226 situated in Dickenson County, Virginia, being more particularly described as follows:

Situate, lying and being on the waters of McClure Creek in Dickenson County, Virginia, and being more particularly bounded and described as follows:

BEGINNING at an iron pin (new) in the sideline of Sutherland Ridge Road, and a 40 foot right of way; thence with the sideline of the 40 foot right of way and the property herein conveyed the following calls and distances: S. 34 degrees, 11' 20" W. 98.44 feet to an iron pin (new); S. 25 degrees, 26' 50" W. 89.21 feet to an iron pin (new); S. 21 degrees, 37' 40" W. 51.77 feet; S. 18 degrees, 41' 30" W. 32.65 feet, to an iron pin (new); S. 16 degrees, 23' 50" W. 28.55 feet to an iron pin (new); S. 22 degrees 42' 00" W. 41.03 feet to an iron pin (new), corner for the remaining property of Rick and Diana Sutherland, (DB 475, page 710) and the 40 foot right of way; thence with the new divisional line of Sutherland, N. 32 degrees 12' 50" W. 312.74 feet to an iron pin (new); thence N. 3 degrees, 45' 20" W. 382.46 feet to an iron pin (new), corner for Clinchfield Coal Company Joshua Pressley 940.59 acre tract; thence with the divisional line of Clinchfield, S. 44 degrees, 54' 20" E. 480.00 feet to the point of BEGINNING, containing 2.34 acres more or less, as shown on survey by Larry Culbertson, dated May 19, 2010, entitled “SURVEY FOR RICK AND DIANA SUTHERLAND”

Included with the sale is a 2009 Clayton Manufactured Home - VIN No. CWP019391TNAB.

Sale subject to all conditions, restrictions, reservations and easements, if any of record and now applicable thereto.

Terms: At least 10% cash on day of sale; balance due within 30 days.

FOR INFORMATION

CONTACT:

Seth E. Twery, Esq.

Seth E. Twery, P.C.

P.O. Box 185

Lynchburg, VA 24505-0185

(434)845-5285

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NOTICE OF

TRUSTEE’S SALE

Dickenson County, Virginia

In execution of a Credit Line Deed of Trust dated January 22, 2009, of record in the Circuit Court Clerk’s Office for Dickenson County, Virginia in Deed Book 462, Page 014 (All tracts), a Credit Line Deed of Trust dated April 13, 2006, of record in the aforesaid Clerk’s Office in Deed Book 424, Page 366 (Tract No. 2 Only), and a Credit Line Deed of Trust dated August 15, 2007, of record in the aforesaid Circuit Court Clerk’s Office in Deed Book 442, Page 094 (Tract No. 1 Only), the undersigned Substitute Trustee (hereinafter “Trustee”) will, on Friday, July 26, 2013, 2013, at 2:30 p.m., at the front doors of the Dickenson County Courthouse, Main Street, Clintwood, Virginia, offer for sale at public auction to the highest bidder the following property with improvements thereon:

ALL THOSE certain lots or tracts, situate, lying and being in Dickenson County, Virginia, being more particularly bounded and described as follows:

TRACT NO. 1:

BEGINNING at an iron pipe found, a corner to lot 6, lot 7 and lot 8; thence with the western lines of lot 6, lot 5, lot 4 and lot 3, N 00°59’00” W 10.00 feet to an iron pin set; thence N 00°45’00” W 20.00 feet to an iron pin set; thence N 12°40’00” W 30.00 feet to an iron pin set; thence S 31°45’00” W 30.00 feet to an iron pipe found, a corner to Kingdom Hall of Jehovah’s Witnesses (DB 176 – PG 476); thence with Kingdom Hall of Jehovah’s Witnesses N 61°49’47” E 60.30 feet to a point not set; thence N 39°11’36” W 105.18 feet to a point not set; thence, with the northern line of lot 1 N 43°00’00” E 72.28 feet to a point not set; thence N 44°40’04” E 105.82 feet to a point not set; thence with the eastern lines of lot 1, lot 2, lot 3, lot 4, lot 5 and lot 6 S 36°44’25” E 60.55 feet to a point not set; thence S 42°51’40” E 50.00 feet to a point not set; thence S 20°30’00” E 50.00 feet to an iron pin set; thence S 14°15’00” E 50.00 feet to an iron pin set; thence S 10°55’00” E 50.00 feet to an iron pin set; thence S 17°00’00” E 50.00 feet to an iron pin set; thence S 10°00’00” E 10.00 feet to an iron pin set; thence S 80°31’01” W 216.41 feet to the BEGINNING, containing 1.135 acres, more or less, and being the same land conveyed to Roy Lee Owens, II and Rita Lynn Mullins Owens, husband and wife, as tenants by the entireties with the rights of survivorship as at common law, by Deed dated July 21, 2006, and of record in Deed Book 427, Page 664, in the Circuit Court Clerk’s Office for Dickenson County, Virginia.

TRACT NO. 2:

Being Lots Nos. 11 and 12, as shown on plat entitled, “John G. Kerr & wife, lots near Clinchco***”, which plat is of record in the Office of the Clerk of the Circuit Court of Dickenson County, Virginia, in Plat Book No. 1, page 51, and being the same land conveyed to Roy Lee Owens, II and Rita L. Owens, his wife, as tenants by the entirety with right of survivorship as at common law, by Deed dated April 6, 2006, and of record in Deed Book 424, Page 363, in the Circuit Court Clerk’s Office of Dickenson County, Virginia.

TRACT NO. 3:

BEGINNING at an iron pin set; thence N 57 09 00 E 152.34 feet to an iron pin set; thence S 10 40 00 E 98.35 feet to an iron pin set; thence S 29 35 00 E 20.63 feet to an iron pin set; thence S 65 32 50 W 146.95 feet to an iron pin set; thence N 29 07 00 W 5.96 feet to an iron pin set; thence N 12 37 00 W 89.81 feet to the BEGINNING, containing 0.34 acre, more or less, and being the same property conveyed unto Ray Edwards by deed dated August 6, 1996, and of record in Deed Book 319, Page 389, of the Circuit Court Clerk’s Office of Dickenson County, Virginia.

Tract No. 3 being the same tract or parcel of land conveyed unto Roy Lee Owens, II and Rita L. Owens, husband and wife, as tenants by the entirety with full rights of survivorship as at common law, of record in the aforesaid Clerk’s Office in Deed Book 462, Page 012. ALSO BEING the same tract or parcel of land conveyed by Roy Lee Owens, II and Rita L. Owens, husband and wife, to One Stop Service Center, Inc., by Deed dated April 6, 2013, of record in the aforesaid Clerk’s Office in Deed Book 464, Page 325.

There is excepted and reserved from this conveyance such of the coal, oil, gas, minerals, rights, privileges, etc., that have been heretofore sold or excepted from said property. This property is made subject to and/or benefit of those additional superior liens, mechanics’ liens, restrictions, covenants, easements, rights of way, and conditions applicable to said real estate, if any there be, as contained in prior deeds properly of record.

Bids may be solicited in parcels or in bulk, in the Substitute Trustee’s discretion. Deposit of $5,000.00 cash or check drawn upon certified funds (no personal or cashier’s checks drawn upon uncertified funds accepted without prior Trustee approval) for the bid shall be required to qualify as a bidder before the sale, except from the Noteholder, or a deposit of 10% of the sale price, whichever is lower. Deposit, without interest, is applied to the purchase price at settlement. Settlement will be held on or before 15 days after the sale. The Trustee reserves the right to extend the date of settlement as may be necessary to complete arrangements for settlement. The Trustee also reserves the right to amend or supplement the terms of sale by verbal announcements during the sale, modify the requirements for bidders’ deposits, withdraw all or part of the property from the sale before the commencement of bidding, recess the sale, and conduct such other sales as the Trustee may determine in her discretion.

The balance of the purchase price shall be in cash or its equivalent. The property and any improvements thereon shall be sold in “AS IS, WHERE IS” condition without any warranties. The purchaser recognizes and agrees that any investigation, examination, or inspection of the Property is within the control of the owner or owners or other parties in possession and their agents and not within the control of the Trustee, the Noteholder, or their successors or assigns. The purchaser will be required to sign a Memorandum of Sale incorporating all the terms of the sale. Written notice has been sent to the owner(s) pursuant to Virginia law.

Joyce S. Kilgore

Substitute Trustee

For information contact:

Johnny Poole

Tina Brooks

New Peoples Bank

P.O. Box 2500

Lebanon, VA 24266

276-889-5100

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NOTICE OF

TRUSTEE’S SALE

Dickenson County, Virginia

In execution of a Credit Line Deed of Trust dated August 22, 2005, of record in the Circuit Court Clerk’s Office for Dickenson County, Virginia in Deed Book 416, Page 556, the undersigned Substitute Trustee (hereinafter “Trustee”) will, on Friday, July 26, 2013, at 2:00 p.m., at the front doors of the Dickenson County Court-house, Main Street, Clintwood, Virginia, offer for sale at public auction to the highest bidder the following property with improvements thereon:

BEING that certain lot, piece or parcel of land, with all appurtenances thereunto belonging, situate in Dickenson County, Virginia, being more particularly described as follows:

TAX ID NO.: 17894

BEGINNING at a point on the northwesterly side of Highway No. 607 and a private road belonging to Frank Gray Anderson and Wilma Anderson; thence running along said private road in a northwesterly direction 178 feet to a new point; thence running in a northwesterly direction 243 feet to a new point; thence running in a southeasterly direction 70 feet to a point on the northwesterly side of said Highway No. 607; thence running along said Highway No. 607 a southwesterly direction 250 feet to the BEGINNING, and being the same land conveyed to Earl Hill and Eliza Hill, husband and wife, by Deed of record in Deed Book 415, Page 205, in the Circuit Court Clerk’s Office of Dickenson County, Virginia.

There is excepted and reserved from this conveyance such of the coal, oil, gas, minerals, rights, privileges, etc., that have been heretofore sold or excepted from said property. This property is made subject to and/or benefit of those additional superior liens, mechanics’ liens, restrictions, covenants, easements, rights of way, and conditions applicable to said real estate, if any there be, as contained in prior deeds properly of record.

Bids may be solicited in parcels or in bulk, in the Substitute Trustee’s discretion. Deposit of $2,000.00 cash or check drawn upon certified funds (no personal or cashier’s checks drawn upon uncertified funds accepted without prior Trustee approval) for the bid shall be required to qualify as a bidder before the sale, except from the Noteholder, or a deposit of 10% of the sale price, whichever is lower. Deposit, without interest, is applied to the purchase price at settlement. Settlement will be held on or before 15 days after the sale. The Trustee reserves the right to extend the date of settlement as may be necessary to complete arrangements for settlement. The Trustee also reserves the right to amend or supplement the terms of sale by verbal announcements during the sale, modify the requirements for bidders’ deposits, withdraw all or part of the property from the sale before the commencement of bidding, recess the sale, and conduct such other sales as the Trustee may determine in her discretion.

The balance of the purchase price shall be in cash or its equivalent. The property and any improvements thereon shall be sold in “AS IS, WHERE IS” condition without any warranties. The purchaser recognizes and agrees that any investigation, examination, or inspection of the Property is within the control of the owner or owners or other parties in possession and their agents and not within the control of the Trustee, the Noteholder, or their successors or assigns. The purchaser will be required to sign a Memorandum of Sale incorporating all the terms of the sale. Written notice has been sent to the owner(s) pursuant to Virginia law.

Joyce S. Kilgore

Substitute Trustee

For information contact:

Johnny Poole

Tina Brooks

New Peoples Bank

P.O. Box 2500

Lebanon, VA 24266

276-889-5100

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LEGAL NOTICE

VIRGINIA:

IN THE DICKENSON

COUNTY JUVENILE

AND DOMESTIC

RELATIONS COURT

DICKENSON COUNTY

DEPARTMENT OF SOCIAL SERVICES

IN RE: HALEY FLEMING and HARLEY FLEMING

ORDER OF PUBLICATION

The above-styled suit is for termination of parental rights of the father of two children known as Haley Fleming and Harley Fleming.

And, it appearing by affidavit filed according to law that the identity of the father of Haley Fleming and Harley Fleming is Dillard Scott Fleming and the location of the father of Haley Fleming and Harley Fleming is unknown, it is therefore ORDERED that Dillard Scott Fleming, the father of Haley Fleming and Harley Fleming, or anyone else with an interest in the termination of parental rights of Haley Fleming and Harley Fleming appear on or before the 20th day of August, 2013 in the Clerk’s Office of this Court and do what is necessary to protect his/her interests.

And, it is further ORDERED that this order be published once a week for four successive weeks in The Dickenson Star, a newspaper of general circulation in the County of Dickenson; and that a copy of this order be posted at the front door of the Courthouse wherein this Court is held.

HERLETTA LYALL

CLERK

I ASK FOR THIS:

LAURA FAYE ROBINSON

VSB# 70261

FREDDIE E. MULLINS, P.C.

P.O. BOX 951

CLINTWOOD, VIRGINIA 24228

276/926-8580

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PUBLIC NOTICE

APPLICATION FOR

COAL SURFACE MINING/NPDES PERMIT NO.1201877 / 0081877

UNDER CHAPTER 19

TITLE 45.1 OF THE

CODE OF VIRGINIA

Publication No.

13 RBA 09

Dickenson-Russell Coal Company, LLC., of 5703 Crutchfield Drive, Norton, Virginia, 24273 is applying to the Division of Mined land Reclamation for a CSMO/NPDES Renewal of Permit 1201877 / 0081877 in order to continue operations. The permit is located at the following location:

The proposed mining area is located in Dickenson County 3 miles Northeast of Trammell on Roaring Fork. The existing permit area will cover approximately 5.10 acres in Dickenson County. The Permit is situated primarily in the watershed of Roaring Fork. The proposed mine is located on the Duty U.S.G.S. 7.5 minute quadrangle maps. The general coordinates of the permit are at latitude 37˚ 01’ 37” and longitude 82˚ 14’ 36”. All surface drainage will pass through approved sediment control structures and then be discharged into Roaring Fork.

A copy of the application materials is available for public inspection and comment at the Building Inspector’s Office in the Dickenson County Courthouse, Clintwood, Virginia. Any person whose interests are or may be adversely affected by the proposed revision, or an Officer, or Head of any Federal, State, or local government agency or authority may within 30 days after July 31, 2013 submit written comments or objections to the Division of Mined Land Reclamation concerning the proposed revision; and may also request, in writing, that the Division hold an Informal Conference concerning the application. A request for an informal conference shall follow the requirements of 4 VAC 25-130-773.13c of the Virginia Coal Surface Mining Reclamation Regulations.

All correspondence concerning the application should be submitted to the Division of Mined Land Reclamation, P. O. Drawer 900, Big Stone Gap, Virginia 24219, Telephone: (540) 523-8202, Attn.: Permit Section. Written comments and a request for informal conference may be e-mailed to the Division at dmlrpublicnotice@dmme.virginia.gov

DICKENSON-RUSSELL

COAL COMPANY, LLC

(APPLICANT)

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PUBLIC NOTICE

APPLICATION FOR

RENEWAL OF COAL

SURFACE MINING/NPDES PERMIT NO. 1402063/0082063

UNDER CHAPTER 19

TITLE 45.1

CODE OF VIRGINIA

Publication No. 13HNM05

Coal Technology Inter-national, LLC, P.O. Box 191, Abingdon, Virginia 24212-0191 is applying to the Virginia Division of Mined Land Reclamation for renewal of the referenced permit in order to continue operations at the following location:

Approximately 1.0 miles southwest of Trammel, Virginia on Wakenva Branch in Dickenson County off Routes 63 and 715. The permit area is located within the Nora, VA USGS quadrangle at approximately 37o 00' 40" latitude, -82o 18' 42" longitude.

Drainage and wastewater resulting from the operation will be discharged as follows:

1. Receiving stream(s): Wakenva Branch

2. Type of treatment: Sedimentation ponds treating surface runoff from minesite described above

3. All discharges are existing and are located within the mine site as described above

A copy of the renewal application is available for inspection and public comment at the Dickenson County Building Inspector’s office in Clintwood, Virginia. A copy of the draft NPDES permit and fact sheet are available for public inspection and comment at the Division’s Big Stone Gap office. Any person whose interests are or may be adversely affected by the application, or an officer or head of any federal, state, or local government agency or authority may within 30 days of July 24, 2013 submit written comments or objections to the Division of Mined Land Reclamation concerning the application, and may also request, in writing, that the Division hold an informal conference concerning the application. Requests for an informal conference shall follow the requirements of 4VAC25-130-773.13c of the Virginia Coal Surface Mining Reclamation Regulations.

All correspondence concerning the application should be submitted to the Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219, Telephone: (276) 523-8202 Attn.: Permit Section. Written comments and requests for an informal conference may be e-mailed to the Division at dmlrpublicnotice@dmme.virginia.gov

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