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HomeMy WebLinkAboutSW8140614_Historical File_20230823 VISCONNSI COMPA LTD building your future on our history August 22,2020 Via email and US mail Logan Inman Stormwater Permitting Assistant North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington,NC 28405 RE: State Stormwater Management Permit No. SW8-140614 Long Beach Crossing—Outparcels 3,4,5 and a portion of Outparcel 1 Brunswick County(Southport),NC Dear Logan: We are in receipt of your letter of August 17,2023 requesting additional information related to our permit renewal. As it relates to the first item mentioned, we have enclosed portions of the Operating Agreement for VNC — Southport, LLC and have highlighted the portions that specifically confirm that Dominic A. Visconsi, Jr. is authorized to sign for the LLC in his capacity as Manager. Thus,we believe this addresses your first request. In addition,we have enclosed the Application in which we have added the telephone number and email address per your request. With this,we feel that the second and final item has been addressed. Logan, we are emailing these three items, and following up with a hard copy of the information via regular mail. We trust that this will allow you to finalize acceptance of our renewal. Should you have any questions or need additional information,please contact me immediately. Thank you for your cooperation in dealing with this matter. Sincerely, VNC Southport,LLC f" Jeffrey Cossel Development Manager cc: File-Permits(w/enclosures) b / LU Mr.Dominic A.Visconsi(via email w/enclosures) JC(w/o enclosures) BY: VISCONSI COMPANIES LTD 30050 Chagrin Boulevard,Suite 360,Pepper Pike,OH 44124 'r 216.464.5550 F 216.464.7219 www.visconsi.com Operating Agreement of VNC-Southport, LLC This Document Prepared by: Bruce K.Karberg,Esq.#0007464 KARBERG&ASSOCIATES CO.,LPA Suite 306,Executive Commons I 29425 Chagrin Boulevard Cleveland,Ohio 44122-4637 216-292-6110 bkarberg@karberglaw.com Table of Contents SECTION 1: DEFINITIONS 2 1.1 Company 2 1.2 Member 2 1.3 Operating Agreement 2 1.4 Manager 2 1.5 Company Land 2 1.6 Company Property 2 1.7 Code 2 1.8 Fiscal Year 2 1.9 Regulations 3 SECTION 2: NAME AND PLACE OF BUSINESS 3 2.1 Name 3 2.2 Place of Business 3 2.3 Purpose 3 SECTION 3: CAPITAL CONTRIBUTIONS 3 Capital Contribution 3 3.2 Capital Account 3 3.3 Use of Capital 3 3.4 Additional Capital Requirements 3 SECTION 4: ALLOCATIONS 4 4.1 Allocations 4 4.2 Distributions 4 4.3 Costs and Expenses 4 SECTION 5: MANAGEMENT 4 5.1 Scope of Manager's Authority 4 5.2 Right to Rely 4 5.2.1 Agreement in Force 5 5.2.2 Binding 5 5.2.3 Authority to Act 5 5.3 Compensation 5 5.4 Time Allocation 5 5.5 Transactions with Affiliates 5 5.6 Liability of Member and Manager 5 SECTION 6: LOANS AND BANK ACCOUNTS 6 6.1 Loans 6 6.2 Bank Accounts 6 SECTION 7: ACCOUNTING AND REPORTS 6 7.1 Accounting 6 7.2 Reports 7 7.3 Tax Returns 7 i This Operating Agreement of VNC-Southport, LLC, is made and entered into as of July 30, 2014, (the "Effective Date"),by: Visconsi Holding Company, Ltd. a limited liability company formed pursuant to the laws of the State of Ohio and Anthoni Visconsi II and Dominic A. Visconsi, Jr. with respect to the following facts and circumstances: Visconsi Holding Company, Ltd., is a limited liability company formed pursuant to the laws of the State of Ohio for the purpose of participating in the creation, ownership and operation of various companies engaged in the acquisition, development, ownership and management of real estate projects in various locations in the United States of America for the mutual benefit of its members; and to do and perform any and all such further acts and things as may be permitted by the laws of the State of Ohio and necessary or desirable for the furtherance of said purpose. Anthoni Visconsi II and Dominic A. Visconsi, Jr., are the co-CEOs of Visconsi Holding Company, Ltd. In furtherance thereof, on July 30, 2014, certain Articles of Organization of VNC-Southport, LLC, were filed with the Office of the Secretary of State of Ohio to form a new limited liability company for the specific purpose of(i) conducting a real estate acquisition, development, and management business,particularly with respect to the acquisition of a certain parcel of land containing approximately 27.5 acres, located in the western quadrant near the intersection of NC Highway 133 and NC Highway 211, in Lockwood Folly Township, Brunswick County,North Carolina, for such future development purposes as may be deemed appropriate; and(ii) and to do and perform any and all such further acts and things as may be necessary or desirable for the furtherance of the aforesaid purposes and which are permitted by the laws of the States of Ohio or North Carolina for a limited liability company to do and perform. Copies of the formation and qualification documents of VNC-Southport, LLC, which were filed in the State of Ohio and in the State of North Carolina, respectively, are attached hereto as Exhibit A: Organizational Documents and made a part hereof. Accordingly, for the purpose of adopting an operating agreement for VNC-Southport, its sole member, Visconsi Holding Company, Ltd., and its managers, Anthoni Visconsi II and Dominic A. Visconsi, Jr.,hereby agree as follows: SECTION 1: DEFINITIONS The following words or phrases wherever appearing in this document in boldface type with initial capital letters will have the particular meaning, identity or representation ascribed to them as hereinafter set forth. Additional words and phrases are similarly identified and defined throughout this document. 1.1 Company: The word"Company"means a reference to VNC-Southport, LLC, a limited liability company formed in accordance with and pursuant to the provisions of Chapter 1705 of the Ohio Revised Code. 1.2 Member: The word"Member"means a reference to Visconsi Holding Company, Ltd., a limited liability company formed pursuant to the laws of the State of Ohio. 1.3 Operating Agreement: The phrase "Operating Agreement" means a reference to this Operating Agreement of VNC-Southport, LLC, made and entered into as of the Effective Date by its sole Member, together with any and all addenda, amendments, exhibits,modifications and other documents attached hereto or executed in connection herewith and intended to amend, modify or interpret its terms and conditions. 1.4 Manager: The word"Manager"means a reference to either Anthoni Visconsi II or Dominic A. Visconsi, Jr., and the word"Managers" means a reference to both of them. Each Manager hereby accepts appointment as a Manager of the Company and acknowledges his agreement to act in that capacity and to be bound by the terms and conditions and subject to the limitations set forth in this Operating Agreement. 1.5 Company Land: The phrase "Company Land"means that certain parcel of land containing approximately 27.5 acres, located in the western quadrant near the intersection of NC Highway 133 and NC Highway 211, in Lockwood Folly Township, Brunswick County, North Carolina, as more fully described in Exhibit B: Company Land attached hereto and made a part hereof. 1.6 Company Property: The phrase "Company Property"means all assets and property, whether real or personal, tangible or intangible, of every description, kind and type whatsoever and wherever situated, belonging to or owned by the Company. 1.7 Code: The word"Code" means the Internal Revenue Code of 1986, as amended from time to time, and any applicable provisions of the Regulations promulgated thereunder. 1.8 Fiscal Year: The phrase "Fiscal Year" means the calendar year from January 1 through December 31. 2 Member Suite 360, Corporate Circle,30050 Chagrin Boulevard, Pepper Pike,Ohio 44124-5704(tel:216-464-5550;fax:216-464-7219) or to the attention of. Managers Anthoni Visconsi II (email: skiman@visconsi.com)and Dominic A.Visconsi, Jr. (email:davjr@visconsi.com) with a copy to: Karberg&Associates Co., LPA, Suite 306, Executive Commons I,29425 Chagrin Boulevard, Cleveland,Ohio 44122-4637 attention: Bruce K. Karberg, Esq. (tel:216-292-6110; email: bkarberg@karberglaw.com) 9.6 Successors and Assigns: It is agreed that each and every agreement, condition, covenarr and term herein contained will extend to and be binding upon the parties hereto and their respective successors and assigns. In witness whereof, the parties hereto have executed this Operating Agreement of VNC-Southport, as of the month, day and year first written above. Member: Managers: Visconsi Holding Company, Ltd. by: U iX') - 2 Anthoni Visconsi II,co-Manager Anth i tsconsi I and: 17l3'1^M.,,_ a (J \ -), a. u,„.7v„ Dominic A.Visconsi,Jr.,co-Manager Dominic A.Visconsi,Jr. 9 Inman, Logan W From: Inman, Logan W Sent: Tuesday, August 22, 2023 2:13 PM To: Jeffrey Cossel Cc: Dominic Visconsi, Jr.; Tracy McRae;Valerie Cotner Subject: RE: [External] Request for Additional Information, Stormwater Project No. SW8 140614, Long Beach Crossing Good evening Yes,this will suffice. I shall continue working on your permit now. Thank you! Logan Inman Storm water Permitting Assistant, Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Equality Office: (910)—796—7318 Email: logan.inman@deq.nc.gov Address: 127 Cardinal Drive Ext., Wilmington, NC, 28405 E ,e) NORTH CAROLINA J� Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Jeffrey Cossel <jcossel@visconsi.com> Sent:Tuesday, August 22, 2023 11:24 AM To: Inman, Logan W <logan.inman@deq.nc.gov> Cc: Dominic Visconsi,Jr. <davjr@visconsi.com>; Tracy McRae <tmcrae@visconsi.com>;Valerie Cotner <vcotner@visconsi.com> Subject: [External] Request for Additional Information, Stormwater Project No. SW8 140614, Long Beach Crossing CAUTION: External email.Do not click links or open attachments unless verified.Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good morning Logan. We have received your request for additional information dated August 17, 2023 and are providing the attached documentation to address the two open items. We are following up with a hard copy submittal of these items as well, as requested in your letter. We hope that the attached allows you to accept our completed application for renewal of the stormwater permit, but please let us know if you need anything further. Thank you again for your cooperation. 1 Inman, Logan W From: Inman, Logan W Sent: Thursday, August 17, 2023 4:08 PM To: davjr@visconsi.com Cc: Smith, Ashley M Subject: Post Construction Stormwater Permit SW8140614 Attachments: 2023 08 addinfo 140614.pdf Greetings Mr. Visconsi, Attached is a pdf of the first request for additional information for the subject project. Please pay special attention to the due date in the letter,which is September 19th, 2023 and in accordance with 15A NCAC 02H. 1045(4)(a)(i). As noted in the letter, if all of the requested information cannot be provided by this due date, the application will need to be returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii) to allow for any additional time needed. Please let me know if you have any questions or concerns. Logan Inman Storm water Permitting Assistant, Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Equality Office: (910)—796—7318 Email: logan.inman@deq.nc.gov Address: 127 Cardinal Drive Ext.,Wilmington, NC, 28405 NORTH CAROLINA J® Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. i ��a ,�m.rn ROY COOPER - Governor , i ELIZABETH S.BISER . a»A.,,„ Secretory (NAM DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality August 17t'', 2023 Via email only:davir(&visconsi.com VNC-Southport,LLC Attn: Dominic A. Visconsi,Jr. 30050 Chagrin Blvd.,#360 Ohio, 44124 Subject: Request for Additional Information Stormwater Project No. SW8 140614 Long Beach Crossing—Outparcels 3,4,5 and a portion of Outparcel 1 Brunswick County Dear Mr. Visconsi: The Wilmington Regional Office received and accepted a State Stormwater Management Permit Renewal Application for the subject project on July 21St, 2023. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review, please provide the following additional information in a single,hard copy submittal package: 1. 15A NCAC 02H.1040(1)(a)and 1045(3)(a)(ii)(iii): The application was signed by Dominic A. Visconsi Jr;however the provided documentation from the NC Secretary of State does not identify Mr. Visconsi as a member or manager of this LLC. In the case of a limited liability corporation(LLC),the application must be signed by a manager or company official as defined in GS 57D. Please either: a. Provide official documentation showing that Mr. Visconsi is a Member or Manager and authorized to sign for the LLC; b. Have one of the identified members of the LLC sign the application documents; or c. The signature by other agents shall be accepted on the application only if accompanied by a letter of authorization signed by the appropriate authority. Provide a letter of authorization from one of the identified members of this LLC authorizing Mr. Visconsi to sign on their behalf. 2. 15A NCAC 02H.1045(3)(a)(iii): Please confirm the following: a. Please provide complete contact information for the applicant, including phone number and e- mail address,in Section B.6 of the application. Please remember to confirm that any revised information is presented consistently throughout the application documents. Please also remember to provide a hard copy of any updated documents per 15A NCAC 02H.1045(3). The requested information should be received in this Office by September 19t'',2023 in accordance with 15A NCAC 02H.1045(4)(a)(i).Please note that only two letters requesting additional information is allowed in the State Stormwater Program, this being the first. If the required information is not satisfactorily provided by this date,the project will be returned in accordance with 15A NCAC 02H.1045(4)(a)(ii). If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the application fee. Please reference the State assigned application number on all correspondence. If you have any questions concerning this matter,please feel free to call me at(910)796-7215 or email me at logan.inman@deq.nc.gov. --� North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 NOH1H GAMC)U Ospettmot al uwmm.mal Warm /"d 910.796.7215 State Stormwater Permit No. SW8 140614 Page 2 of 2 Sincerely, Logan Inman Stormwater Permitting Assistant DES/lwi: \\\Stormwater\Permits&Projects\2014\140614 HD\2023 08 addinfo 140614 cc: Wilmington Regional Office Stormwater File DN � North Carolina Department of Environmental Quality 1 Division of Energy,Mineral and Land Resources m NA Wilmington Regional Office 1127 Cardinal Drive Extension 1 Wilmington,North Carolina 28405 N(Ao{1mMet MmmmteMolih 910,796.7215 Burd, Tina J From: Burd, Tina J Sent: Monday, July 24, 2023 7:53 AM To: davjr@visconsi.com Cc: Smith, Ashley M Subject: SW8 140614 - Long Beach Crossing - Outparcels 3, 4, 5 and a portion of Outparcel 1 Our office is undergoing renovations please send im email to Ashley Smith for any questions. The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on July 21, 2023. The project has been assigned to Ashley Smith and you will be notified if additional information is needed. If you have any questions about the project or status of the review, please contact Ashley Smith (cc'd). Best Regards, Tina Burd • Administrative Associate II 910-796-7215 New email:tina,btardf_i tdeq,nc.:gcly NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 E Website: htt_p:-(1cifg,nc„cpv1obauttidivisionsjenergy=mineral.land-resourceslst.ormwater Many employees are working remotely or are on staggered shifts. Please check with the appropriate staff before visiting our offices, as they may be able to handle your requests by phone or email. 1 Non-Transfer Application ist(� 5 rSiL° fl Project Name: / Date Delivered to WIRO: Project County/Locati n: r i BIMS Received/Accepted Date: Date Given to Admin: a I Permit Action: New New Permit#2: IBIMS Acknowledged Date1: 7/ 4/ 3 ElNot located in the ETJ of the following delegated and functioning programs: NHC:Carolina Beach/Kure Beach/Wilmington/Wrightsville Beach Bruns: Leland/Navassa(?)/Oak Island Cart: Emerald Isle On onville Pend: Surf ity M-.or M•d / Minor Mod ' Renewal r4.Existing Permit ���.!.plicant&Permittee are the same?3 Expiration Date4: Permit Type: DD/LD Overall/HD&LD Combo General mit/Offsite/Exempt + Redevelopment =Offsite to SW8: Development Type- Commerci esidential/Other oIs Offsite Lot approved in Master Permit?s Subdivided?: div. ' or Single of Rule(s): 2017 Coastal 2008 Coastal 1995 Coastal =Phase II Universal D1988 Coastal Pe mitte- pe&Documents Needed: !:ifL17 c.erty Owner(s) =Purchaser =Lessee =HOA =Developer M jole? =Viable? Viable? =Viable? =Viable? ::ed =Purchase Agmt =Lease =Election Minutes j Pape ork C? V Q, t.plication ►1 ee: 017, ,, 05(within 6mo) Check#(s): =No Fee — 167 ■Supplemen'(1 new form or for older forms:1 original per SCM) =O&M2 C =Soils Report(Infil or PP) -1// ❑Calculations(signed/sealed) Ei Deed Restrictions,if subdivided' =Project Narrative 0USGS Map(or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N t6 --v/ Plans(2 Sets) J NOTES: 6th/CV 'Enter BIMS Acknowledged Date on this Sheet 'For New Projects-Enter New Permit#on Supplements&Deed Restriction Templates. 3 If permittee is different,STOP. Needs to be transferred first. 41f w/in 6 months and they are requesting a mod,STOP. Needs a renewal first. s1f Lot not approved in master permit,STOP. Master permit needs mod. EMAILED ENGINEER DATE: i�, Comments: REVIEWER NAME: m=:'. A `` 10 G:\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2021 09 08 ROY COOPER Governor _s ELIZABETH S.BISER 4.44Q , Secretary DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality July 3,2023 VNC-Southport,LLC Attn:Dominic Visconsi,Manager 30050 Chagrin Blvd., Ste. 360 Pepper Pike, OH 44124 Subject: Stormwater Permit Renewal Request Post-Construction Stormwater Management Permit No. SW8 140614 Long Beach Crossing—Outparcels 3,4,5 and a portion of Outparcel 1 Brunswick County Dear Mr.Visconsi: Post-Construction Stormwater Management Permit SW8 140614 for the subject project expired on 8/21/2022. This is a reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2H.1045(3).North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit.Failure to maintain a permit subjects the owner to assessment of civil penalties. More information about the Post-Construction State Stormwater Program can be found on the following website: deq.nc.gov/SW Please submit a complete permit renewal form along with a$505.00 fee and other submittal requirements within 30 days. The permit renewal form can be found under the Post-Construction section of this website or at: https://deq.nc.gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-program/post- construction-2. If you have any questions regarding this matter,please contact Ashley Smith in the Wilmington Regional Office either via email(ashleym.smith@nedenr.gov)or phone at(910)796-7215. Sincerely, x Douglas R. Ansel,Interim Director Division of Energy,Mineral and Land Resources DES/mgb: \\\Stormwater\Permits&Projects\2014\140614 HD\2023 07 recLren 140614 cc: CT Corporation System,Registered Agent;VNC-Southport,LLC;160 Mine Lake Ct.,Ste.200;Raleigh,NC 27615-6417 Wilmington Regional Office Stormwater File . North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land itesources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington.North Carolina 26405 NORTH CAROUNA Depattnentme bl //"f 910.796.7215 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name VNC-Southport, LLC Information Sosld: 1395158 Status: Current-Active 0 Date Formed: 8/12/2014 Citizenship: Foreign State of Incorporation: OH Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: CT Corporation System Addresses Reg Office Reg Mailing Mailing 160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200 30050 Chagrin Blvd, Suite 360 Raleigh, NC 27615-6417 Raleigh, NC 27615-6417 Pepper Pike, OH 44124-5774 Principal Office 30050 Chagrin Blvd, Suite 360 Pepper Pike, OH 44124-5774 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member Visconsi Holding Company, Ltd. 30050 Chagrin Blvd., # 360 Pepper Pike OH 44124