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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 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 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 '. 'OUNTY h sr 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