HomeMy WebLinkAboutNCC230964_Email with Supplemental Info_20230404Georgoulias, Bethany
From: Devin Basile <devin@ganderdev.com>
Sent: Monday, April 3, 2023 9:18 AM
To: Clark, Paul
Cc: tim.sivers@horvathassociates.com; Robert Shunk
Subject: [External] RE: Construction Stormwater NOI Not Accepted
Attachments: Ellis Road Storage Center_CD Submittal 1_Erosion Control Review FRO.pdf; 919
Storage Ellis LLC - Written Consent in Lieu of Meeting.pdf
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Paul,
When the FRO was signed, Feb 11t" 2022, Robert did not have legal authority to sign as he was not the secretary of
Stackhouse Development LLC until June 20t" 2022.
As we understand it the Entity is legally responsible not the individual, Stackhouse Development is that entity so we
should be covered here. I understand your system might require the names to match up, but in our case the names
change, but the entity stays the same and is legally the entity that is doing business with you and Durham for that
matter.
I cannot go back and make a new FRO form just to meet the requirement here.
Best,
Devin
Devin F Basile
413-426-7538
From: laserfiche.ncdenr.gov@mccicloud.io <laserfiche.ncdenr.gov@mccicloud.io>
Sent: Saturday, April 1, 2023 10:00 AM
To: Robert Shunk <robert@ganderdev.com>
Cc: paul.clark@ncdenr.gov; Devin Basile <devin@ganderdev.com>; tim.sivers@horvathassociates.com
Subject: Construction Stormwater NOI Not Accepted
This email is to notify you that your application for Ellis Road Storage Center was not accepted for the following reason:
D6. Signed FRO -Robert Shunk is the legally responsible person and must sign the FRO (as he signed the NOI Certification
Form and digitally signed certification). Upon resubmittal, please enter NOI no. 133877 and application will auto
populate most fields. Questions, please contact paul.clark@ncdenr.gov, 9197073642. thx
For additional support, please visit our NPDES Stormwater Construction Program website at https://deg.nc.gov/NCG01.
The NOI application no. for this project is 133877.
This email was automatically generated by Laserfiche. Please do not respond to this email address, as responses are not
monitored.
Di,42HAM '.
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Durham City/County
Sedimentation and Erosion Control
JCN
(Office Use Only)
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
WITH LANDOWNER CONSENT FORM
No person may initiate any land -disturbing activity covered by the Durham City -County Unified Development Ordinance before a
Land Disturbing Permit is issued by the Sedimentation and Erosion Control Office. Issuance of a Land Disturbing Permit does not
relieve the permittee of the obligation to obtain any other licenses, permits and approvals as may be required by Federal, State,
County or Municipal governments. This office must be notified in writing of any change to the information on this form.
PLEASE TYPE OR PRINT
I. Project name: Ellis Road Storage Center
2. Road location of land -disturbing activity: 2104 & 2112 Ellis Road
Tax Map- Block- Parcel: 163349/163348
PIN: 0749-01-26-0407/0749-01-26-1410
3. Square footage of land to be disturbed or uncovered: 148,456 sf (3.41 acres)
4. List below the landowner of record. Each landowner must complete Item 8.
(If there are multiple owners, please list on a separate page):
Name I nn /) �+
Z � 1 S i`�: G.r�, a Y� J �L �J� �L �Z-9
Address
-D WA'a.r" � C - z-, 70
City State Zip
z6z qSZ $S3 Z N\e-A,`si2 co ,-A
Telephone Fax Email
5. List the person or entity financially responsible for this land -disturbing activity: The financially responsible party shall
be (1) the developer or other person who has or holds themselves as having financial or operational control over the land -
disturbing activity and/or (2) the land owner or person in possession or control of the land when they have directly or indirectly
allowed the land -disturbing activity or have benefited from it and (3) the named party on the Land Disturbing Permit.
Stackhouse Development LLC
Name
2310 Miami Blvd Suite 238
Street Address
Durham NC 27703
City State Zip
317-339-8302 mike@rentstackhouse.com
Telephone Fax Email
The Sedimentation and Pollution Control Act (Act) and the Durham City -County Unified Development Ordinance (Ordinance)
includes, but is not limited to, the following legal obligations of the financially responsible party:
■ Maintain a set of approved sedimentation and erosion control plans, if required, on site.
• Display permit on site.
■ Understand and implement any required plan, including the construction sequence and details.
• Inspect, maintain and repair sedimentation and erosion control measures, especially after rainfall events.
• Refer to Section 12.10.413 of the Durham City/County UDO for groundcover time line requirements.
■ Plan and conduct all land -disturbing activity so as to prevent off -site sedimentation.
120 E. Parrish Street, Law Bldg., 1" Floor, Durham, N.C. 27701 . (919) 560-0735 • Fax (919) 560-0740
www.dconc.gov/index.aspx?page=180
6. For business applicants, list below the North Carolina registered agent for the financially responsible entity:
Jcl r-)C5 CS AAAe5 -2 A- `Z e-WCeS L (-
Name
2310 Miami Blvd Suite 238
Street Address
Durham NC 27703
City State Zip
Z5:z 14SX B53 e Irssa� /1rn�s E%�+o�se. �rrrn
Telephone Fax Email
7. The above information is true and correct to the best of my knowledge and belief and was provided by me while under oath. I
understand that the person or entity listed on Line 5 above will be: (1) the owner of the Land Disturbing Permit when issued;
(2) responsible for ensuring compliance with the Act and Ordinance; and, (3) will be the only person or entity with standing to
appeal any action taken or decision made by the Sedimentation and Erosion Control Office.
4�-Ic., 11 _ zO Z-Z- SSct O IO r�O�
Date
LAS.Z. — gJ�3� Type or Print Name
Telephone fax Title
Email
Si
Business Applicant (Provide corporate resolution on signatory authorit
1, , a Notary Public of the County of WL�� �
State of hereby certify that ,�ll u f i `,.S :5i,)m n,n
personally came before me this day and acknowledged that he is —A -P-c
UAI
of (�() j-:5f�_-1yi ��d acknowledged, on behalf of
LA, � I..,pC the due execution of the foregoing instrument.
Witness my hand and official seal, this >✓ day ofy���� 20 1 �2
Notary Public
My commission expires_ `fit_ (JS, f 20� .
TYLER HOWARD
Wake County
Individual Applicant My Commission Expires
August 31, 2026
1, , a Notary Public of the County of
State
hereby certify that
personally appeared before me this date and under oath acknowledged that the above form was executed by them.
Witness my hand and official seal, this
My commission expires
20
day of 20
Notary Public
LAND DISTURBING PERMITS ARE NON -TRANSFERABLE
Provide a Notarized Item 8 for each landowner listed in Item 4.
8. Land Owner Consent. As a landowner, I provide my consent for land -disturbing activities to occur on the property listed in
Item 2 by the person or entity listed in Item 5.
Date /- e77'Or✓(f /f Pat./
Type or Print Name
Telephone Fax � �—
t Tttlepr Aut ty
Email
Business Landowner (Provide corporate resolution on signatory authority)
I,—M1Z-514- Sd 01( D n a Notary Public of the County of J&) a,rta
State of I`J C hereby certify that N4. 4* rN f%
r\
personally camebeforeme this day and acknowledged that he is -g—
of T_ awtl► J Pro l,l.'L and acknowledged, on behalf of wtlre
the due execution of the foregoing instrument.
Witness my hand an fficiaeal�thg day of re�6, 20 ZZ
NOTARY PUBLIC
Wine countyNCO Civolina Nota
My commission ex , 30202s 20 ry Pu
i
Individual Landowner
State
a Notary Public of the County of
hereby certify that
personally appeared before me this date and under oath acknowledged that the above form was executed by them.
Witness my hand and official seal, this
My commission expires 20
day of 20
Notary Public
SE-03
Rev. 10/13
WRITTEN CONSENT OF
THE BOARD OF DIRECTORS
IN LIEU OF MEETING
June Zo , 2022
The undersigned, constituting all of the members of the Board of Directors (the "Board")
of the Entities (as further described below), hereby take the following actions and adopt the
following resolutions:
APPOINTMENT OF SECRETARY
WHEREAS, Jonathan Gindes and Peyton Anderson serve as the Board for the following
entities (each, an "Entity" and collectively, the "Entities"); and
4104 S Miami Holdings LLC
914 Dowling Holdings LLC
919 Storage 15-501 LLC
919 Storage 72 MEL LLC
919 Storage Capitola LLC
919 Storage Creedmoor Road LLC
919 Storage Ellis LLC
919 Storage Fox Road LLC
919 Storage Guess Road LLC
919 Storage Hilltop-Needmore LLC
919 Storage Hopson Road LLC
919 Storage LLC
919 Storage MLK LLC
919 Storage NC 54 LLC
919 Storage NC 55 LLC
919 Storage NC 751 LLC
919 Storage NC 98 LLC
919 Storage Old Oxford LLC
919 Storage Sanderford LLC
919 Storage US 70 LLC
Battle Bridge Holdings LLC
Creedmoor Road Holdings LLC
East Club Holdings LLC
East Garner Holdings LLC
Marry Lane Holdings LLC
NC 42 Holdings LLC
Smithfield -Poole Holdings LLC
Stackhouse Development Buffaloe Road 2 LLC
Stackhouse Development Buffaloe Road LLC
Stackhouse Development LLC
Stancil Farm Road Holdings LLC
H: 804731
WHEREAS, the Board desires to appoint Robert C. Shunk as Secretary of the Entities and
to grant him authority to, among other things, sign as "Secretary" on any entitlement
documentation, permit applications, Department of Transportation right of way agreements and
similar related matters in the ordinary course (the "Signing Authority") pursuant to Section 6.4
of the Operating Agreement of each Entity.
NOW, THEREFORE, BE IT RESOLVED, that Robert C. Shunk is hereby appointed as
Secretary of the Entities to serve such office until his resignation and the appointment of a duly
qualified successor and he is hereby granted the Signing Authority for each Entity.
ENABLING RESOLUTIONS
RESOLVED, that the proper officers of the Company be, and they hereby are, authorized
and directed to take such further action by and on behalf of the Company as shall be either
necessary or appropriate to further the purposes of the foregoing resolutions, the necessity or
propriety of such actions to be conclusively evidenced by the taking of such actions by said
officers, including, without limitation, filing such applications, forms and other documents as shall
be necessary or appropriate with any federal, state or other regulatory agency or office having
jurisdiction over the Offering; and
RESOLVED FINALLY, that any corporate action taken on or prior to the date hereof by
the officers or the Board in connection with the foregoing resolutions or the transactions
contemplated thereby be, and it hereby is, ratified and adopted as the action of the Company
effective as of the date such action was taken.
[Remainder of Page Intentionally Left Blank]
H:804731
IN WITNESS WHEREOF, the undersigned have executed this Action by Written Consent
of the Board of Directors in Lieu of Meeting as of the date first set forth above, which may be
executed in one or more counterparts, each of which shall be deemed an original, and all of which
shall constitute one and the same instrument. This action shall be filed with the minutes of the
proceedings of this Board of Directors and shall be effective as of the date first above written. Any
copy, facsimile or other reliable reproduction of this action may be substituted or used in lieu of
the original writing for any and all purposes for which the original writing could be used, provided
that such copy, facsimile or other reproduction be a complete reproduction of the entire original
writing.
4'14�
Jo a&n Gindes
Peyton Anderson
ALL OF THE DIRECTORS
H:804731