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HomeMy WebLinkAboutNCC222613_FRO Submitted_20220725APPLICATION FOR PERMIT FOR A File # I -AND DISTURBING ACTIVITY Under the conditions set forth by LD Fee Review Fee The New Hanover County Soil Erosion and Sedimentation Control Ordinance Date Pd Date Pd Engineering Department Applicant or Applicant's Agent: Sidbury Crossing, LLC [RQ1800-003-012-001 Mailing Address: 2919 Breezewood Avenue, Suite 100 Telephone Number: 910-824-1357 Fax Number: Fayetteville, NC 28303 Email Address: davidvannoy@hufffamilyoffice.com Total Acres of Land Disturbance: 20.97 Purpose of Development: Multifamily Description of Land Disturbance: Site Clearing, Grading, Stormwater, Utilities Address of Land Disturbance Bisects Sidbury Road and Blue Clay Latitude: 34.3294 Longitude:-77.86348 Road west of Dairy Farm Road Land owner(s) of record: Name: Sidbury Crossing, LLC Address: 2919 Breezewood Avenue, Suite 100 City/State: Fayetteville, NC Zip Code: 28303 Telephone Number: 910-824-1357 STATEMENT OF FINANCIAL RESPONSIBILITY Person or firm(s) financially responsible for the land disturbing activity. If not a North Carolina resident, you MUST have a N.C. agent. (List Below) Name: David Vannoy / Sidbury Crossing, LLC . Address: 2919 Breezewood Ave, Suite 100 City/state: Fayetteville, NC 28303 _Zip Code: 28303 Telephone Number: 910.824.1357 Email' davidvannoy@hufffamilyoffice.com FaxNumber Email: davidvannoy@hufffamiiyoffice.com FaxNumber: Location of deed(s) or instrument(s): County: New Hanover Book: 6407 page: 409 The above information is true and correct to the best of my knowledge and belief and was provided by me while under oath. (This form must be signed by the financially responsible person if an individual and by an officer, director, partner, attorney -in - fact, or other person of authority to execute instruments for the financially responsible person if not an individual.) I agree to provide corrected information should there be any change in the information provided heroin. > 4EAYr Date: 4i 1a Name David Vannoy Title Arrb / Signature I, AG�,Gi &4,�D slk,le! / a Notary Public of the County of yU ee State of North Carolina, hereby certify that le:& vi O pa g" �r appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my hand 4ndZotary seal, this 4'zz4i day of AeA'4eae- y __ 20 - 2 Notary J `ice, �� My commission expires �D �/� IZ a Z 3_ � f _. SEAL %detoikun -o 'hu er Notary Public Hoke County North Carolina M Commission Ex res 1 10 2 223 Permission to Enter on Land I certify that I am authorized to grant and do in fact grant permission to the Erosion Control Inspector and his agents to enter on the land in question in connec ' related to this p rmit application. David Vannoy Application Signature and Date PLEASE COMPLETE ALL PORTIONS OF APPLICATION This application must be sealed by the notary and accompanied by 4 sets of plans, the fee, calculations, dimensions, temporary and permanent seeding specifications, a maintenance plan for erosion control measures and seeding, and narrative statements as called for by the ordinance. The following list specifies the minimum requirements. SEDIMENTS AND EROSION CONTROL PLAN COMPONENTS 1. Name, address of the designer, phone number, fax number and email address. 2, Vicinity map. Address assigned by County Planning or the City of Wilmington. 3. Copy of deeds for the property. 4. Latitude and Longitude of Project. 5. DXF File. (On Disk) 6. Existing & Proposed topography. 7. Area to be disturbed (shown as construction limits on the plan with a legend. Include off site work). 8. Proposed site improvements (structures, roads, parking areas, lots, easements, etc.) 9. Construction Sequence. 10. Temporary sediment control measures (locations, dimensions, details and calculations). I I. Graveled construction entrance (dimensions and cross section details). 12, Proposed storm water network (swales, culverts, inlet and outlet structures, etc, with grades, elevations, details, drainage calculations with velocities) and energy dissipater dimensions. 13. Permanent erosion controls (locations, dimensions, details and calculations) 14. Permanent & temporary seeding specifications (seedbed preparation, soil amendments, seeding rates & schedule). 15, Sediment and erosion control material specifications. 16. General notes. 17. Wetlands, C.A.M.A. areas, 100-year floodplain, 575' HQW, and Conservation Overlay Districts must be shown on the plan if applicable. 18. Maintenance plan for all erosion control measures & stabilization methods. 19. Tree protection approval from the City of Wilmington or New Hanover County Planning for subdivisions or New Hanover County Zoning for Commercial Projects. NARRATIVE STATEMENT COMPONENTS I . Name and address of owner and of the financially responsible person, phone number, fax number & email address. 2. Sealed notarized financial responsibility form with a North Carolina agent and individual's name/signature. 3. Purpose of land disturbing activity. 4. Storm water run off calculations and explanation of the method of determination. 5. Construction sequence and schedule (flow chart if available). 6. Re -vegetation specifications (preparation, seed type and rates; fertilizer, lime and mulch rates and schedule) The New Hanover County Erosion and Sedimentation Control Ordinance requires that all persons disturbing more than one (1) acre of land must obtain approval of a soil erosion control plan and be issued a permit prior to the commencement of said land disturbing activity. Before an application package is considered complete, this application must be completed and submitted along with the fees, plans, the calculations, dimensions and the narrative to this office. The plans and narrative will be submitted to New Hanover County Soil Conservation Service and State Stormwater. Plans must be submitted by the applicant to the New Hanover County Planning Department for Conservation Overlay Review and subdivision tree approval. Commercial tree approval requites submittal to New Hanover County Zoning. Projects within the City of Wilmington require City tree approval. Commencement of a land disturbing activity under the jurisdiction of this Act prior to the approval of an erosion and sedimentation control plan is a violation of the Act. The Act further states that the application package must be filed a minimum of thirty (30) days prior to the activity and the approving authority must approve the submitted plan within thirty (30) days of receipt. Failure of the approving authority to approve or disapprove the submitted plan within the thirty (30) day period will be deemed approval of the plan. Additional information may be requested after the 30 day period in order to meet requirements of the ordinance. No activity should proceed on site without the issuance of a land disturbing activity unless the approving authority fails to notify the applicant (usually the engineer) within the 30 day submittal period. If an environmental document is required, the application will be deemed incomplete until the document is available for review by the County. In this case, the applicant will be notified that the 30 day time limit for a review of the plan shall not begin until a complete environmental document is available for review. Revisions or amendments to existing plans must be submitted for review 15 days prior to any site changes. Until such time as the revision is approved by the County, the land disturbing activity shall not proceed. Any previously permitted site that requires additional work no matter what size must submit an amended erosion control plan for approval _pri_or to any changes on site. All land disturbing activity on a tract since 1988 is cumulative towards the one acre threshold and requires a permit. NO work should begin on site without a reconstruction erosion control conference. LIMITED POWER OF ATTORN + Y THIS INSTRUMENT WITNESSETH, that the undersigned Sidbury Crossing LLC, a Delaware limited liability company, has an interest in certain real property located in New Hanover County, North Carolina, the legal description of which is attached hereto as Exhibit A (the "Property") and makes, constitutes and appoints David Vanrroy as its true and lawful attorney4n-fact for the following purposes; 1, Grant_ofPower. The undersigned gives to its attorney -in -fact with respect to rrry interests in the property the following powers: (a) Authority with respect to cause the rezoning of the Property to a zoning classification, or obtain a special use permit or planned development, planned unit development or other authorization or approval, that will porrnit the development, construction and operation of the Property for multi -family, retail or other cormnercial uses as the undersigned by determine from time to time; (b) Authority to seek governmental entitlements, abatements, grams, approvals, permits and authorizations or other incentives from governmental authorities as the attorney -in -fact deems necessary for its intended use of the Property and in the best interest of the undersigned; (c) Authority to submit applications, requests and other documents to the appropriate governmental authorities in connection with subsections (a) and (b) above; (d) Authority to execute and deliver any documents and instruments required or related to the foregoing and to have all other powers with respect thereto as necessary for the development of the Property as provided above or as directed by the, undersigned horn time to time; and (e) Authority, to the extent required by law, to record this Limited Power of Attorney. 2, Ll ffeetive l)atC, This power of attorney shall be effective as of the date it is signed. 3. eyncatio►r, The undersigned hereby reserves the right to revolve this power of attorney at any thane by written notice delivered to David Vannoy and recorded in the Office of the Register of Deeds of New Hanover County, North Carolina. The appointment is automatically revolved upon the, undersigned's dissolution or the death of David Vannoy, 4, LiabflitX. The attorney -in -fact is acting without compensation and, therefore, shall be liable only for those actions undertaken in bad faith or constituting gross negligence or willful misconduct. ,2 Exaouted as of tiro 511, clay of,Tanuary, 2021, SIDI31JRY CROSSING LLC By; Coastal Carolina lnvestment Partners LLC, Member A,( By; t/ C Name, Mioliaoi Mcll"ec Its: Manager By: Huff Family Apartment Holding IV, LLC, Member By; Tills instrument pyopared by Jeffrey P. Cray, Attorney at Law, $arties & Thornburg, LLP, Ono North Waelcer Drive, Suite 444400, Chicago, IL 60606, el' I STA.T.H OF ILLINOIS ) )SS. COUNT' OF J rr I 1, ,` 7. ) 44lz;��i Notary Public in and for the County and State aforesaid, DO 14 BY IFRTIFY that Michael Mvj<ee, personally known to mo to be the Manager of Coastal Carolina Investment Partners LLC, a Delaware, limited liability company and a member of Sidbury Crossing LLC, a Delaware lhnRed llability company, and personally Icriown to me to be the nano parson whose name is subscribed to the foregoing instrument, appeared before me, this day in person and aalmowlodged that as suoh Manager lye signed and dellvered suoh. instrument, as his tree and voluntary aet and deed, and as the [t'eo and voluntary act and deed of such limited Iiability cornpanles, f"or the, uses and purposes therein set. forth. Giveii under nay hand and official seal this � day of Jan ary, 0 1. Notary Public My Commission Expires: �'r3 �y 4FfifC1A SCgL CYNTHIA M HENDZE. NOTARY PUBLIC • STATE OF ILLINOIS MY COMMISSION EXPIRESA4109122 STATIC OF NORTH CAROLINA COUNTY OF CUMBERL.AND 1, J r iti RQ001n , a Notary Public of the County and State aforesaid, do hereby certify that D, Ralph IIuff,111, personally luiown to me to be, a Member of Ralph Huff Holdings, LLC, a North Carolina limited liability company and a member of Huff Family Apartment Holdings IV, LLC, a North Carolina limited liability company and a member of CP Developers LLC, a Delaware limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument, Witness any hand and official seal this the 5- day of January, 2021, PLI ' priatM aarne; Notary Public (Official Seal) My commission expires; g 3 '03 p2S� ����;�rrrrtnil#��, 11". , pTAti MY C00181014 � PIREs ti ., PUBIA10 r2'' ExWbit A Legal Desaription of the Property (See Attached) DM31689A803v1 Investors Title Insurance Company P.O. Drawer 2687, Chapel Hill, North Carolina 27515-2687 919.968,2200 j Invtitle.com Commitment No.: 202110247NO14 SCHEDULE A (Continued) 5. The Land is described as follows, Tract 1: BEING a parcel of land lying and situate in Cape Fear Township, New Hanover County, North Carolina, more particularly described as follows: BEGINNING at an existing NC DOT right-of-way monument in the eastern right-of-way of Highway Interstate 40, at its intersection with the northern right-of-way of Sidbury Road (also known as SR 1336), a variable -width right-of-way; said POINT OF BEGINNING being designated as station 1096+50 160 feet left on right-of-way plans for NC DOT State Project 8,1223326; thence, from the POINT OF BEGINNING, and with the eastern right-of-way of interstate 40, a curve to the left, whose chord bearing and distance are 1. North 18 degrees 57 minutes 18 seconds West 931,33 feet, with an arc distance of 931.55 feet, radius of 11619.16 feet, and delta angle of 04 degrees 35 minutes 37 seconds, to an existing NC DOT right-of-way monument, passing an Iron pipe set at North 17 degrees 55 minutes 50 seconds West 516.04 feet, with an arc distance of 516.05 feet, radius of 11619.16 feet, and delta angle of 02 degrees 32 minutes 41 seconds; thence, continuing with the right-of-way, 2. North 21 degrees 37 minutes 15 seconds West 201,28 foot, to an existing NC DOT right-of-way monument; thence, continuing with the right-of-way, 3. North 21 degrees 44 minutes 49 seconds West 1400.22 feet, to an existing NC DOT right»of way monument in the southern right-of-way of Blue Clay Road (also known as SR 1318), a 60-foot public right-of-way; thence, leaving the right-of-way of Interstate 40, and with the right-of-way of the said Blue Clay Road, 4. North 26 degrees 21 minutes 58 seconds East 94.16 feet, to an iron pipe set in the southern right-of-way of the said Blue Clay Road, a corner with lands now, or formerly, the property of Liston Gore; thence, leaving the right-of-way, and with the line of the said Liston Gore, 5. North 79 degrees 39 minutes 19 seconds East 25.31 feet, to an existing iron pipe, a corner with the said Liston Gore; thence, continuing with the line of the said Liston Gore, 6. South 56 degrees 08 minutes 49 seconds East 208.15 feet, to a new iron pipe set in the western right-of-way of the Blue Clay Road-Sidbury Road Connector, at a distance of 85 feet from the centerline thereof; thence, continuing with the right-of-way of the said Blue Clay Road-Sidbury Road Connector, a curve This page Is only a part of a 2016 ALTAO Commitment for Title Insurance Issued by Investors Title Insurance Company. This Commitment Is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; Schedule B, Part It —Exceptions; and a counter -signature by the Company orlis Issuing agent that may be In electronic form. Copyright 2006 • 2016 American Land Title Association, Alt rights reserved, AMERICAN IAWn TITLET ITLE The use of this Form (or any derivative thereof) is restricted to ALTA licensees And ALTA members In good standing as of the date of use. All ather uses are prohibited, Reprinted under license from the American Land Title Association, Form No. 201-16-A ALTA Commitment Form - 2016 (Adopted 06-01-16) Schedule A Page 2 Investors Title Insurance Company P.O. Drawer 2687, Chapel Hill, North Carolina 27615-2687 919.968,2200 1 InAltle.com Commitment No.: 202110247NO14 SCHEDULE A (Continued) to the left, whose chord bearing and distance are 7, South 25 degrees 39 minutes 42 seconds East 158.23 feet, with an arc distance of 158.38 feet, radius of 1039.93 feet, and delta angle of 08 degrees 43 minutes 34 seconds, to an existing NC DOT right-of-way monument: thence, continuing with the right-of-way, 8. South 32 degrees 49 minutes 48 seconds East 167.05 feet, to an existing NC DOT right-of-way monument; thence, continuing with the right-of-way, 9. South 34 degrees 33 minutes 57 seconds East 1178.51 feet, to an existing NC DOT right-of-way monument; thence, continuing with the right-of-way, 10. South 36 degrees 03 minutes 00 seconds East 156.73 feet, to an existing NC DOT right-of-way monument; thence, continuing with the right-of-way, a curve to the left, whose chord bearing and distance are 11. South 49 degrees 47 minutes 44 seconds East 359.96 feet, with an arc distance of 365.01 feet, radius of 631.97 feet, and delta angle of 33 degrees 05 minutes 34 seconds, to an existing NC DOT right-of-way monument; thence, continuing with the right-of-way, 12. South 60 degrees 06 minutes 46 seconds East 157.45 feet, to an existing NO DOT right-of-way monument; thence, continuing with the right-of-way, 13. South 61 degrees 44 minutes 23 seconds East 140.28 feet, to an existing NC DOT right-of-way monument; thence, continuing with the right-of-way, 14, South 43 degrees 46 minutes 25 seconds East 298.85 feet. to an existing NC DOT right-of-way monument; thence, continuing with the right-of-way, 15. South 26 degrees 14 minutes 06 seconds East 140.84 feet, to an existing NO DOT right-of-way monument; thence, continuing with the right-of-way, 16. South 26 degrees 19 minutes 47 seconds East 12,45 feet, to an existing NC DOT right-of-way monument at the point of intersection of the right-of-way of the said Blue Clay Road-Sldbury Road Connector and the right-of-way of the aforesaid Sidbury Road, 80 feet from the centerline thereof; thence, continuing with the right-of-way of Sidbury Road, 17. South 77 degrees 35 minutes 19 seconds West 450.76 feet, to an existing NO DOT right-of-way This page Is only a part of a 2016 ALTAO Commitment for Title Insurance Issued by Investors Title Insurance Company. This Commitment Is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I—Requlremenfs; Schedule 8, Part Il—iExceptlons; and a counter-slgnature by the Company or Its issuing agent that may be In electronic form. Copyright 2606.2016 Amorican Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form (or any derivative thereof] Is restricted to ALTA licensees and ALTA members In good standing as of A5504' IATION the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. w W. Form No. 201-16-A ALTA Commitment Form - 2016 (Adopted 06-01-16) Schedule A Page 3 M