NCC216851_Emails RE LLC Agent Signature on NOI_20220104

Georgoulias, Bethany
From: Broussard, Brooklyn C
Sent: Tuesday, January 4, 2022 7:34 AM
To: Tom Kagarise
Cc: Morman, Alaina; Georgoulias, Bethany; Ansel, Douglas R
Subject: Gardner -Lee Residence Follow -Up
Attachments: NCG01- Legally- Responsible-Change-Form-20201205-DEMLR-SW.PDF
Tom,
After conferring with NCDEQ's Assistant General Counsel, Douglas Ansel, regarding this matter, we're in agreement that
agents shall not sign the NCG01 NOI permit application, Modification form, or Notice of Termination (NOT) form.
15A NCAC 02H .1040(1)(a) states that the signatory requirements for LLCs are:
in the case of a corporation, by a principal executive officer of the level of vice-president or his authorized
representative. In the case of a limited liability corporation (LLC), by a manager or company official as those
terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;"
Additionally, the NCG01 General Permit is an NPDES permit, which means it must adhere to the signatory requirements
in 40 CFR § 122.22. All permit applications must be signed by high level, responsible officers or partners. LLCs are not
specifically called out as a distinct category, but since they are a hybrid between a partnership/sole proprietorship and a
corporation, it is understood that the entity has responsible officers or partners that can sign.
Although 15A NCAC 02H .1040(1) would allow for an agent to sign an application for a state permit when a letter of
authorization (i.e., agency) is provided, this is not specifically allowed under 40 CFR 122.22, and therefore is not
acceptable for the NCG01. Even if it were allowed, no such authorization letter was provided.
It has been determined that your current NCG01 COC needs to be modified since Lucy Stokes does not meet the
signatory requirements. The person that needs to be listed as the Legally Responsible Individual must be a manager or
company official employed by Gardner -Lee Properties III, LLC.
Please use the Modification form to submit a "NCG01 Legally Responsible Individual Change Form" and let us know if
you have any further questions.
Brooklyn Broussard
Administrative Officer III
Stormwater Program, Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Phone: [phone]

From: Tom Kagarise <[e-mail]>
Sent: Thursday, December 9, 2021 12:13 PM
To: Broussard, Brooklyn C <[e-mail]>
Cc: Selkane, Aziza <[e-mail]>
Subject: RE: [External] Gardner -Lee Residence
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Brooklyn:
While our client does not wish to contest this matter, we however, need to obtain a better understanding as
this situation will occur again.
Is this a legal determination? If this is not a legal determination, we request a lawyer review this application.
The legally responsible person is the LLC [a corporation, LLC, trust or individual is a person]. Whoever signs on
behalf of the LLC needs only an Agency. We have no idea how to proceed since apparently you have
determined that years of case law is not applicable to this situation regarding an Agency on behalf of the
principal LLC. The agent has the power to bind the principal; however, the Agent is not acting in individual
capacity as the legally responsible person.
We assert that the application was executed by Lucy Stokes acting as Agent for the LLC. The LLC is the Legally
Responsible Person (Entity). Furthermore an LLC is not a corporation.
Sincerely,
Veteran Engineering Associates, Inc. (C-3527)
by, Thomas Ray KAGARISE, P.E. (011622)
Veteran Engineering Associates, Inc.
Post Office Box 1625
Durham, North Carolina 27702
919-201-2175 (phone)
From: Broussard, Brooklyn C[maiIto: Brooklyn. Broussard ancdenr.Qov]
Sent: Thursday, December 09, 2021 11:17 AM
To: Tom Kagarise
Cc: Selkane, Aziza
Subject: RE: [External] Gardner -Lee Residence
Hi Tom,

Looking over your NCG01, Lucy Stokes is listed on Tab B2&B3, E, and the NOI certification form as a "responsible
corporate officer who owns or operates the construction activity, such as president, secretary, treasurer, or vice
president." (quoted to signify that verbiage was taken from the NCG01) The NOI certification form and Tab E were
signed/certified by Ms. Stokes, as the legally responsible person.
I understand she titled herself "Agent" but that doesn't take away from her signature being on the legally responsible
person line. So, the CoC accurately used the information provided.
To change the legally responsible person, this current NCG01 will need to be cancelled and a new one with corrected
information will have to be submitted.
The person who certifies these forms (B2&B3, E, NOI certification form) needs to fit the role of the above quote, which
you'll see above the permittee section on Tab B.
Let me know if you have further questions.
From: Tom Kagarise <[e-mail]>
Sent: Thursday, December 9, 2021 10:53 AM
To: Broussard, Brooklyn C<[e-mail]>; Selkane, Aziza <[e-mail]>
Subject: [External] Gardner -Lee Residence
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Aziza,
We recently filed for the CoC for the subject project and we received the attached NOI-COC Permit noticing us
as follows:
Your Certificate of Coverage (COC) number: NCC216851
Project Name: Gardner -Lee Residence
Permittee Name: Gardner -Lee Properties III, LLC
Legally Responsible Person: Lucy Stokes
There seems to be an error in how the data is being populated on the form. The Legally Responsible Person is
Gardner -Lee Properties III, LLC. Lucy Stokes executed the NOI as Agent. An agent acts on behalf of a principal
and is therefore not the Legally Responsible Person. The Legally Responsible Person [entity] is clearly shown
on Page 5 of the Revised Construction Stormwater NOl.pdf [attached] and is Gardner -Lee Properties III, LLC.
Sincerely,
Veteran Engineering Associates, Inc. (C-3527)
by, Thomas Ray KAGARISE, P.E. (011622)

Veteran Engineering Associates, Inc.
Post Office Box 1625
Durham, North Carolina 27702
919-201-2175 (phone)