HomeMy WebLinkAboutNCC200849_NOT Supporting Documents (3)_20220617Clark, Paul
From:
Jessica Batten <jessica.batten@johnstonnc.com>
Sent:
Monday, June 13, 2022 2:25 PM
To:
Clark, Paul
Cc:
charles.pender@johnstonnc.com
Subject:
Re: FW: [External] Status of NOT for NCC200849
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Paul,
Yes, Cole Rd is the same as Wilson's Walk.
Thank you,
Jessica Batten, EI
Development Engineer/Stormwater Manager
Johnston County Public Utilities
3o9 E. Market Street
P.O. BOX 2263
Smithfield, NC 27577
Office: 919-938-4717
On Mon, Jun 13, 2022 at 11:58 AM Clark, Paul <paul.clark@ncdenr.gov> wrote:
Johnston County Erosion and Sed Control Folks,
Alaina Morman started a review of NOT for NCC200849 before she left NCDEQ. This review is on hold because
Johnston County needs to confirm whether or not the erosion control plan for this project was rolled into the one for
Wilson's Walk. Please provide any information that you have on this project. Thx.
Paul Clark
Water Supply Watershed Protection Coordinator
Stormwater Program
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
(919) 707-3642
1
PauI.clark@ncdenr.gov
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle
your requests by phone or email. We appreciate your patience as we continue to serve the public during this
challenging time.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
Before printing this email, please consider your budget and the environment.
h ttps://d eg. n c. go ylsw
From: Khadijah Hasan <Land@graywolfhomes.com>
Sent: Tuesday, June 7, 2022 11:59 AM
To: Clark, Paul <paul.clark@ncdenr.gov>
Subject: [External] Status of NOT for NCC200849
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Good afternoon Mr. Clark,
Can you please let me know the status of the NOT for NCC200849?
Thank you,
Land Coordinator
1091-0 Cleveland Rd.
Garner. NC 27529
• t
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Emails are not secure and cannot be guaranteed to be error free as they can be intercepted, amended, or contain viruses- Anyone who
communicates with us by email is deemed to have accepted these risks. Gray wolf homes is not responsible for errors or omissions in this
message and denies any responsibility for any damage arising from the use of email. Any opinion and other statement containedin this
message and any attachment are solely those of the author and do not necessarily representthose of the company.
From: laserfiche@ncdenr.gov <laserfiche@ncdenr.gov>
Sent: Thursday, May 19, 2022 8:36 AM
To: Khadijah Hasan <Land@graywolfhomes.com>
Cc: Wade Corbett <wcorbett@graywolfhomes.com>; Dennis Peacock <dpeacock@graywolfhomes.com>
Subject: Construction SW Notice of Termination Request Received
Thank you for submitting a Notice of Termination (NOT) request for Cole Road Stockpile.
If your request is approved, you will receive e-mail confirmation when coverage under the Construction Stormwater
permit COC is terminated. You will also be notified if additional information is needed or if the request cannot be
approved.
If you have any questions, please contact Alaina Morman at alaina.morman@ncdenr.gov. The COC no. is NCC200849.
Be sure to odd loserfiche@ncdenr.gov to your contacts to avoid future e-mails about this application from going into
Sporn filters.
The NC DEMLR Stormwater Program
512 N. Salisbury Street, Archdale Building 6th Floor, 1612 Mail Service Center, Raleigh, NC 27699-1612
eo'eDEQ-
This email was automatically generated by Laserfiche. Please do not respond to this email address, as responses are not
monitored.
Clark, Paul
From: Khadijah Hasan <Land@graywolfhomes.com>
Sent: Wednesday, June 15, 2022 1:05 PM
To: Clark, Paul
Cc: Dennis Peacock; Wade Corbett
Subject: RE: [External] FW: Cole Road: Close Active Permit
Attachments: 20-003 Wilson's Walk Subdivision Transfer ESC Appr 12.16.21.pdf; Cole Road -
Stockpile ESC cert 022820 (003).pdf
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Report Spam.
Wade Corbett is the legally/financially responsible entity. He must complete and sign the NOT Certification Form and
also digitally sign eNOT unless he designates another.
Dennis Peacock is an authorized agent for our company.
In addition, trying to understand relationship between two Erosion and Sedimentation Control Plan approvals.
NCC200849 — associated with JC#19-140-P — first owner- Gray Wolf Development
NCC215563 — associated with JC#20-0035-P- Gray Wolf Development
and JC#20-003-P — second owner- Starlight Homes North Carolina, LLC ( New Owner)
Was JC#19-140-P reissued as JC#20-0035-P (or JC#20-003-P) with ownership change?
We did not apply for a NCG01-COC for JC#19-140. We only applied for a NCG01-COC for JC#20-003-P. We soon sold the
entire property to Starlight Homes North Carolina, LLC.
JC#20-003-P temporary stockpile which was transferred to new property owner starlight.
Please give me a call when you get a chance for further explanation.
Questions, please contact paul.clark@ncdenr.gov, 9197073642. thx
Khadijah Hasan
Land Coordinator
10920 Cleveland Road
Garner, NC 27529
Cell: (919) 616-7169
Office: (919) 934-7788 ext 115
Land@graywolfhomes.com
www.graywolfhomes.com
1
This email message rnav contain tonfidentW orkiialhr prNi ejedinforrrratidn and is intended only for the use of the i"nded recioientfsl. APW
unauthorized disclosure, dissemination, distribution, copying or the taking of anv action in reliance on the information herein is prohibited,
emalts are not secure and carom; be &-aranteed to be error free as they can be interCepted, anWmde4, or Contain viruses. anyone who
con munlrates wvi t' e , -. _ , ' -s deemed to have accepted these risks. Garay Wolf Kerner. Is not responsible for errors or omissions in tlhks
n7eBW and denkc5 arc,° ccsponsitPility for any damage arising from the us* of ernalf. Arty opinion and other statement contained in this
rnessa" and any attachment are solely these of the author and do not necessarily represent#wse of the ConVany,
From: Clark, Paul <paul.clark@ncdenr.gov>
Sent: Wednesday, June 15, 2022 11:55 AM
To: Khadijah Hasan <Land@graywolfhomes.com>
Subject: RE: [External] FW: Cole Road: Close Active Permit
M. Hasan (Khadijah),
Hi. Please seethe message that was included in the rejection of the eNOT.
Wade Corbett is the legally/financially responsible entity. He must complete and sign the NOT Certification Form and
also digitally sign eNOT unless he designates another.
In addition, trying to understand relationship between two Erosion and Sedimentation Control Plan approvals.
NCC200849 — associated with JC#19-140-P — first owner
NCC215563 — associated with JC#20-0035-P and JC#20-003-P — second owner
Was JC#19-140-P reissued as JC#20-0035-P (or JC#20-003-P) with ownership change? Questions, please contact
paul.clark@ncdenr.gov, 9197073642. thx
Paul Clark
Water Supply Watershed Protection Coordinator Stormwater Program Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
(919) 707-3642
paul.clark@ncdenr.gov
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
Before printing this email, please consider your budget and the environment.
https://deg.nc.gov/s
From: Khadijah Hagan <Land@graywolfhomes.com>
Sent: Wednesday, June 15, 2022 9:36 AM
To: Clark, Paul <paul.clark@ncdenr.gov>
Subject: [External] FW: Cole Road: Close Active Permit
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Good morning Paul Clark,
Please see the email response below from Johnston County. Also, I have attached the transfer ESC approval.
Thank you,
• w
IMIENJUMMa
This email message may contain confidentialor legally privileged information and is intended only for the use of the intended recipient(s). Any
unauthorized disclosure, dissemination, distribution, copying or the taking of any action in reliance on the information herein is prohibited.
(mails are not secure and cannot be guaranteed to be error free as they can be intercepted, amended, or contain viruses. Anyone who
communicates with us by email is deemed to have accepted these risks. Gray wolf homes is not responsible for errors or omissions in this
message and denies any responsibility for any damage arising from the use of small. Any opinion and other statement contained in this
message and any attachriniant are solely those of the author and do not necessarily represeritthose of the company.
From: Shannon Stanley<shannon.stanley@iohnstonnc.com>
Sent: Monday, April 4, 2022 11:24 AM
To: Khadijah Hagan <Land@graywolfhomes.com>
Cc: Batten, Jessica <jessica.batten@lohnstonnc.com>
Subject: Re: Cole Road: Close Active Permit
The permit was transferred. Please send the transferred permit documentation to the state as your documentation
from us or this email.
On Fri, Apr 1, 2022 at 2:49 PM Khadijah Hagan <Land@graywolfhomes.com> wrote:
Good afternoon Shannon,
Can we close the active permit for Cole Road? We no longer own this property.
Single- Parcel Tax Info
lick on a parcel.
:.�[A Lai [E� Results For item 1
id
05106D25B
Tag
05106D25B
NCPin
167631-29-8424
Maps heet No
167601
Owner Name I
FR WILSON WALK, LLC
Owner Name 2
Mail Address 1
11 DUPONT CIR NW ST
Mail Address 2
Mail Address 3
WASHINGTON, DC 20T
Site Address 1
Site Address 2
Book
06D69
Page
0734
Market Value
243980
Assessed
30.330
Acreage
Calc. Acreage
30.330
Sales Price
0
Sale Date
2021-10-05
Thank you,
v , -: Pan - Z-MB- , - cn..r. , Pwm Out (a Full Ed.* 4 P,-. s 0 Ncat 0 Rgresh a Print
4
I . 0 *1
RNKIMIMMAMN
10920 Cleveland Rd.
(darner. NC 1-7529
Cell: (919) 616-71,69
Office: (919) 934-7788
This it message may contain confidential or legally privileged information and is intended only for the use of the intended recdoends). Any
unauthorized disclosure, dissemination, distribution, copying or the taking of any action inreliance on the information herein is prohibited.
Emails are not secure and cannot be guaranteed to be error free as they can be intercepted, amended, or contain viruses. Anyone who
communicates with us by email is deemed to have accepted these risky Gray Wolf Ho is not responsible for errors or omissions in this
message and denies any responsibility for any damage arising from the use of enrail. Any opinion and other statement contained in this
message and any attachment are solely those of the author and do not necessarily represent those of the company.
Shannon Stanley
Engineering and Environmental Technician
Johnston County Public Utilities
309 E. Market Street
Smithfield, NC 27577
0: 919.989.5710
C: 919.634.0457
CONSENT TO ACTION WITHOUT MEETING
OF THE MEMBERS AND MANAGERS OF GRAY WOLF DEVELOPMENT, LLC,
A NORTH CAROLINA LIMITED LIABILITY COMPANY
Pursuant to the applicable provisions of the North Carolina Limited Liability Company
Act, the undersigned, being all of the Members and Managers of Gray Wolf Development, LLC,
a North Carolina limited liability company ("LLC"), do hereby waive meeting and notice of a
special meeting and hereby take the following actions and adopt the following resolutions without
meeting to have the same effect as if adopted by votes of the Member and Managers at meetings
duly called and held.
BE IT RESOLVED, that the LLC has identified, pursuant to its Operating Agreement and
Bylaws, certain individuals to serve as officers of the LLC and to assist in the management of the
LLC's affairs; and
BE IT FURTHER RESOLVED, that the Managers of the LLC hereby appoint the
following individual, for an initial term beginning on the date hereof and ending on the scheduled
date for the LLC's annual meeting in August (the "Initial Term"), to be an officer of the LLC, with
the power and authority to bind the LLC as herein set forth:
Dennis R. Peacock , Land Manager ("Land Manager"),
whose role, subject to the Protective Provisions defined below, is further defined in the
Bylaws dated November 1 , 2021; and
BE IT FURTHER RESOLVED, that the Land Manager shall at all times act in the best
interest of the LLC for: (a) serving the LLC by searching, developing, and supplying the LLC with
the necessary lot opportunities to uphold the LLC's overall goals; (b) having the authority to
execute non -binding Letters of Intent with the approval of the Vice -President of Finance and
Strategy; (c) executing purchase contracts for land with the approval of the Land Committee; (d)
being responsible for interfacing with public agencies, counties and municipalities to meet current
developing requirements; (e) assisting in the design, cost, and scheduling of all developing
activities; (f) reporting all land opportunities to the Land Committee, which consists of the
Executive Leadership Team and other necessary individuals within the organization; and (g)
performing such other duties as from time to time may be assigned to him by the Chief Operations
Officer ("COO"), President/CEO or by the Managers until expiration of the Initial Term or until
the LLC sooner revokes such authority; and
BE IT FURTHER RESOLVED, such authority to delegate a general power to manage
matters for the LLC is authorized by statute, to include but not to be limited to N.C. Gen. Stat. §
57D-3-22, and that the Land Manager shall be deemed a company official, as that term is used in
N.C. Gen. Stat. § 57D-3-23; and
{N0284440.DOCX; 1 } Page 1
BE IT FURTHER RESOLVED, that upon expiration of the Initial Term (or any applicable
renewal term), the Land Manager shall be automatically appointed for subsequent one-year
renewal terms unless either Member of the LLC (the "Objecting Member") provides written notice
to the LLC and the other Member, at least 30 days prior to the expiration of the Initial Term or
then -current renewal term (the "Expiration Date"), that such Objecting Member desires to
terminate the delegation of authority to the Land Manager. In the event an Objecting Member
provides such notice, the authority granted to the Land Manager as provided herein shall expire as
of the Expiration Date unless there is unanimous agreement (either by meeting or resolutions
adopted in lieu of a meeting) among the Members to the contrary.
BE IT FURTHER RESOLVED, that notwithstanding the delegation of authority and
responsibilities outlined above, without the prior written consent of both of the Managers of the
LLC (currently consisting of J. Wade Corbett and Ronnie J. Stephens), the LLC shall not, and
neither the Land Manager or any other officer or Manager of the LLC shall authorize or permit the
LLC to, undertake or approve of any of the following actions (hereinafter referred to, collectively,
as the "Protective Provisions"):
(a) the development and approval of the LLC's annual budget (the "Annual Budget"),
which shall be performed annually in accordance with the Structure document and
which shall be required for the continuance of expenditures into each new year, and
any amendments or modifications thereto involving amounts, commitments or
expenditures that are, individually or in the aggregate, more than 5% of the Annual
Budget;
(b) any draw downs on the LLC's current credit facilities with any lender (the "Current
Credit Facilities") involving more than $350,000 for any individual residential home
construction project, whether in a single draw or for a series of related draws for the
same property;
(c) any material amendments or material modifications to the Current Credit Facilities or
any amendments or modifications to the Current Credit Facilities that would increase
the personal guarantee of any guarantor;
(d) the incurrence (or guarantee) of any indebtedness for borrowed money by the LLC
involving more than $250,000 individually or more than $500,000 in the aggregate
outstanding at any given time, but excluding for this purpose: (i) borrowings under the
Current Credit Facilities; (ii) specific items authorized under the Annual Budget; and
(iii) trade debt outstanding at any time in any calendar year in the ordinary course of
business of the LLC and consistent with past practice;
(e) the entering into of any binding agreement for the purchase or sale of real property
involving in excess of $500,000 in any single transaction or single property or more
than $1,000,000 in any series of related transactions or properties, unless approved
through proper exercise of the Member Override Provision by the Land Review
{N0284440.DOCX; 1 } Page 2
Committee (as described in the Structure document); it being understood that this
provision shall not preclude the LLC or any officer from entering into a non -binding
letter of intent;
(f) any amendment, modification or repeal of any provisions of the LLC's Articles of
Organization or Bylaws or any buy -sell or similar shareholder/member agreement to
which the LLC is a party;
(g) the creation or issuance of any additional equity securities of the LLC or the admission
of any new members/shareholders;
(h) any action to approve any increase to annual cash compensation paid to J. Wade
Corbett, except as expressly authorized in any Annual Budget duly approved in
accordance with these Protective Provisions;
(i) any authorization, consent or agreement to transfer, sell, convey or license on an
exclusive basis all or any material portion of the LLC's material intellectual property
rights or properties;
(j) any authorization, consent or agreement to sell, assign, lease or convey all or
substantially all of the LLC's assets (but, for the sake of clarity, not restricting the
LLC's sale of homes in the ordinary course of its business to the extent otherwise
permitted by these Protective Provisions);
(k) any declaration or payment of any dividend to the LLC's owners or the making of any
distribution or redemption of any of the LLC's equity securities;
(1) effecting any merger, consolidation or reorganization of the LLC;
(m) Any liquidation, dissolution or winding -up of the business and affairs of the LLC;
(n) the acquisition of any other companies (other than the creation of wholly owned
subsidiaries) or disposing of any subsidiary stock or all of substantially all of any
subsidiary assets;
(o) except as may be provided for in any applicable buy -sell agreement, the removal of any
Manager or the appointment of any new or substitute Manager or the final decision
with respect to the hiring or replacement of any senior officers of the LLC with
signature authority (other than the appointment of officers, either initially or as
replacements, as permitted under the provisions of Exhibit A and, to the extent
applicable, in compliance with the Annual Officer Renewal Process);
(p) Any changes to the composition of the Land Review Committee or to the rules and
regulations governing the Land Review Committee;
{N0284440.DOCX; 1 } Page 3
(q) Any contracts with or loans to employees or Members/Managers or their affiliates,
other than employment agreements and/or advances made in the ordinary course of
business.
(r) the making of any material change to the nature of the business conducted by the
Company or the entering into a new line of business;
(s) the settlement of any claim, action, or proceeding, except for any claim, action or
proceeding involving solely money damages involving less than $50,000;
(t) the settlement, modification in any material respect or forgiveness of any indebtedness
for borrowed money owed to it, other than in the ordinary course of business; or
(u) the making of a capital call.
REMAINDER OF PAGE LEFT BLANK;
SIGNATURE PAGE TO FOLLOW
{N0284440.DOCX; 1 } Page 4
Respectfully submitted this 1 st day of November 2021.
GRAY WOLF DEVELOPMENT, LLC
A North Carolina limited liability company
By:
J. Wade Corbett, r d�n /CEO
CONSENTED TO BY:
MEMBERS:
J. Wad orbett, Mem er
Ronnie J. S e ember
MANAGERS:
1
J. Wad rbett, Manager
onnie J. St ns anager
Signature Page to Resolutions of
Gray Wolf Development, LLC
Land Manager
fN0277693.DOCX; 2)