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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 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 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 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 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 This email message may contain confidential or legally privileged information and is intended only for the use of the intended recipients). Any unauthorized disclosures dissemination, distribution, copying or the taking of any action in reliance 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 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 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to 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 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 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)