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HomeMy WebLinkAboutSW3151201_CURRENT PERMIT_20160906STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE CURRENT PERMIT APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE A)(e i YYYYMMDD Nv ��I CC+v l rloZ�l((�l�l State of North Carolina Department of Environment and Natural Resources Division of Water Quality 1. STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE,FORM A c o� `ate• I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW3151201 y 2. Project Name: Count Home Solar Center, LLC o o� 3. Current Permit Holder's Company Name/Organization: Green Earth Developers, LLC 4. Signing Official's Name: Luke Maslonka Title: Operations Manager 5. Mailing Address: 547 W Charles Street, Suite 100 City: Matthews State: NC Zip: 28105 6. Phone: (704 ) 849.0045 Fax: ( ) It. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) X❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: County Home Solar Center, LLC 2. Proposed permittee's signing official's name: William B Owens, Jr. 3. Proposed permittee's title: Vice President 4. Mailing Address: 191 W Nationwide BLVD, Suite 600 City: Columbus Phone:( 225 ) 615.3330 5. New Project Name to be placed on permit: State: OH Zip Fax: 43215 Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ® Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approvtransfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner In oraati on page-4) 4/1r 30 �Q d oF/ ?pls JUN 2 7 2019 S1'0R4wA FRpCdA(1�, SSW N/O Change Rev24Sept2012 Page'ilLofy4a FRM�>7rNG Latld Quality Sec!ien f�icoresv;Je ae {o;:rl mica III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and it not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. © Check here if current permittee is transferring the property to a new owner and will not retain ownetsship of the permit. I, t A✓iD /'' . 2a.,.Yr-60z1 the current permittee, am submitting this application for a transfer of owne s ip for p rmit # SW3151201 . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections 11 and V of this form. further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections 11 and V of this form. I understand that this transfer of ownership cannot be approved permit. by/ the DWQQunless and until the facility is in compliance with the Signature: (2L s�G� Signature: Date: I, /-V n n a'Ft e CA )h , fQ , a Notary Public for the State of a% b Y4 k Cc vJ Countly of Sf" V-r do hereby certify that v ; b6 n f ; e I�rY personally appeared before me this the oZ 3 vd day of U 05, 20�, and acknowledge the due execution of the for ping instrument. Witness my hand and official seal, Notary Signature (Notary Seal) ANNETTE WHITE Notary Public Surry Co., North Carolina My Commission Expires May 10, 2019 SSW N/O Change Rev24Sept2012 Page 2 of 4 t 6rif$.(Ifvf.,�/, ef.r,UX_P;?7;?VrS,l10:i �, V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, LJI �� I am B. Olh.+ , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) the most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements the DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement ®past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Signature: aAiDate: o��I I, Za2 S. 3aur5'� a Notary Public for the State of 'PA fz gu LoufSrr�NA , Eeunty of 6AST ?3 e , do hereby certify that okw&a. W o.Na•>f al¢, personally appeared before me this the N" day of 20t(,_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signatu4,,6_ t , I Additional copies of the original permit and the approved Operation and Maintenance agresrnent can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. JUN 2 7 2019 SSW N/O Change Rev24Sept2012 Page 3 of 4 �c:�'L'EF&R VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections lI and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Steve Cline Organization: Title within the Organization: (�iv`dOtNn e� Street Address: 11201 Cburrl^-f Nn414 im City: !SU[b.f State: 1JL zip: 2—VIC2 Mailina Address: City: (if different from street address) State: Zip: Phone: ,1-04 - W12 . q-7S P Fax: Email tJAN145LU44FvF2@GM0-iL• Co I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day pursuant o NPGS 143-215.6. Signature of the property owner CA�Date: 2`/-`� a Notary Public for the State of l c wl�. _ County of �na 1 c_ l do hereby certify that .4e tee. personally appeared before me this the day of �� t— 201 �,, and acknowledge e execution of the forgoing ins ment. Witness my hand and official seal, ���, Y A( 0, )*) Not y Signatur PUBLIC SSW N/O Change Rev24Sept2012 Page 4 of 4 COUNTY HOME SOLAR CENTER, LLC SECOND AMENDED AND RESTATED OPERATING AGREEMENT THIS SECOND AMENDED AND RESTATED OPERATING AGREEMENT (this "Agreement") of COUNTY HOME SOLAR CENTER, LLC, a North Carolina limited liability company (the "Company"), is entered into as of August 5, 2016 by PV Project Holdings VI, LLC, a North Carolina limited liability company (the "Member"), and shall constitute the Company's "operating agreement,' within the meaning of the North Carolina Limited Liability Company Act (as amended, modified or supplemented from time to time, or any corresponding provisions of succeeding law, the "Act"). RECITALS WHEREAS, Heelstone Development, LLC ("HD") entered into that certain Amended and Restated Operating Agreement dated May 4, 2016 (the "Prior Agreement"). WHEREAS, HD, through a series of assignments assigned its ownership interest to the Member pursuant to that certain Membership Interest Assignment Agreement dated August 5, 2016. WHEREAS, the Member desires to amend and restate the Prior Agreement to reflect that it is the sole limited liability company member of the Company and make certain other changes. AGREEMENT NOW, THEREFORE, the Member agrees as follows: 1. The Company was formed under the Act on October 29, 2013 by the filing of Articles of Organization with the North Carolina Secretary of State, and shall be operated in accordance with its Articles of Organization, this Agreement, and the Act. To the extent permitted by the Act and other applicable law, the provisions of this Agreement shall supersede any contrary provisions of the Act or other applicable law. 2. The Member shall be the Company's sole "member," within the meaning of the Act. 3. The purpose and business of the Company shall be to enter into any lawful transaction or engage in any lawful activity for which limited liability companies may be organized under the Act. 4. The term of the Company shall begin as of the date of filing of its Articles of Organization for the Company in accordance with the Act and, shall continue in perpetuity. 5. The Company shall maintain a North Carolina registered office and agent for service of process as required by the Act. In the event the registered agent ceases to act as such for any reason or the registered office shall change, the Member shall promptly designate a replacement registered agent or file a notice of change of address, as the case may be. 6. The full, exclusive and complete authority and control of the management of the Company's business and affairs, together with all authorities, rights and powers consistent therewith or necessary or appropriate thereto generally conferred by the Act on the manager of a limited liability company, and together with all authorities, rights and powers provided for in this Agreement, shall be vested in and exercised by the Member. In connection with the foregoing, the Member is authorized and empowered to appoint by written designation one or more persons to act on behalf of the Company as officers of the Company with such titles as may be appropriate including President, Vice President, Treasurer, Secretary and Assistant Secretary. Any person appointed as an officer of the Company with a title customarily held by an officer of a corporation, including the foregoing titles, shall have the same power and authority to act on behalf of the Company as an officer holding the same title would customarily have in a corporation organized under the laws of North Carolina. One person may hold more than one office. The Member hereby appoints the following persons as the Company's officers: Thomas J. Adamek, President; Barry G. Gowdy, Treasurer and Assistant Secretary; Gordon S. LeBlanc, Jr., Vice President; William B. Owens, Jr., Vice President and Assistant Secretary; and John P. Witten, Vice President and Secretary. Any person dealing with the Company may rely upon a certificate signed by the Member or by any Secretary or Assistant Secretary as to (a) the persons who are authorized to execute and deliver any instrument or document of or on behalf of the Company, and (b) the persons who are authorized to take any action as to any matter involving the Company. 7. The Member shall have no obligation to make any contributions to the capital of the Company and shall make only such contributions as the Member shall from time to time determine in its sole discretion. 8. At such time(s) as the Member shall determine, the Member may cause the Company to distribute to the Member any cash held by the Company that is not reasonably necessary for the operation of the Company. No distribution shall be declared and paid if payment of such distribution would cause the Company to violate any limitation on distributions provided in the Act, or under any loan agreements, other financing documents, or other contracts or agreements to which the Company or its property may be subject. 9. The Company shall indemnify and hold harmless any manager, officer, or other "company official," within the meaning of the Act, (each, an "Indemnified Person") to the fullest extent permitted or required under the Act against all losses, liabilities, judgments, penalties, fines, settlements, and reasonable expenses (including, without limitation, reasonable attorneys' fees) actually incurred or suffered (collectively, "Costs') by such Indemnified Person who was or is made a party or is threatened to be made a party to or is involved in any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, arbitrative, or investigative (a "Proceeding"), or any appeal in such a Proceeding or any inquiry or investigation that could lead to such a Proceeding, by reason of the fact that such Person is or was a manager, officer, or company official or is or was serving (with respect to or in connection with the Company's business or operations) as a manager, officer, director, principal, partner, member, employee, or agent of the Member or the Company or is or was serving at the request of the Company as a representative, manager, officer, director, principal, member, employee, or agent of another entity. Any indemnification under this Section shall continue as to an Indemnified Person who has ceased to serve in the capacity that initially entitled such Indemnified Person to indemnity hereunder. Anything to the contrary notwithstanding in this Section, however, unless the Member otherwise consents, no Indemnified Person shall be indemnified for any Costs suffered that are attributable to such Indemnified Person's or his, her, or its affiliates' gross negligence, willful misconduct, knowing violation of law, breach of fiduciary duty, or breach of loyalty. The Company may advance expenses incurred by the Indemnified Person upon the approval of the Member, and the receipt by the Company of an undertaking by such Indemnified Person to reimburse the Company unless it is ultimately determined that such Indemnified Person is entitled to be indemnified by the Company against such expenses. 10. The Member may transfer all or any portion of its interest in the Company in the Members sole discretion. In the event of any such transfer, this Agreement shall be amended to reflect the respective rights and obligations of the Member and the transferee(s). 11. The Company shall be disregarded as an entity separate from the Member for federal income tax purposes and for state income tax purposes in those states that follow federal tax classification. 12. The interpretation and enforceability of this Agreement and the rights and liabilities of the Member as such shall be governed by the laws of the State of North Carolina as such laws are applied in connection with limited liability company operating agreements entered into and wholly performed upon in North Carolina by residents of North Carolina. 13. This Agreement may be amended, in whole or in part, only through a written amendment executed by the Member. This Agreement contains the entire understanding and intent of the Member regarding the Company and supersedes any prior written or oral agreement respecting the Company. There are no representations, agreements, arrangements, or understandings, oral or written, of the Member relating to the Company which are not fully expressed in this Agreement. [signature page follows] -2- IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, has duly executed this Agreement as of the date first above written. "Member" PV Project Hol VI By: William B. Owens, Jr., Assistant Secretary R r JUN 2 7 2019 DENR-DEMLR La,7d Quality Sectlo;l A9c0res1ti11e Regior:a1 [Signature Page to Second A&R Operating Agreement - County Home Solar Center, LLC]