HomeMy WebLinkAboutSW8970521_Historical File_20230703 F a
�+®Wolters Kluwer SvAV OVI0521
June 26,2023 MO
Notice of Rejected Service of Process—Log#544143918 JUL Q 3 2M3
Agent Served: CT Corporation
Party Served: UDR of NC,Limited Partnership
Jurisdiction Served: North Carolina
Title of Action: North Carolina Department of Environmental Quality vs.UDR of NC,Limited Partnership
Case No.
Dear Sir/Madam:
We have received documents from you in the above-referenced matter,but we are not able to forward the
documents to any party due to the reason indicated below.
❑ Not Agent:According to our records and/or the records of the Secretary of State,we are not the registered
agent for the party you are attempting to serve.
❑ Documents Do Not Correctly Identify the Intended Recipient:The name of the party that you are trying to
serve appears to be incomplete and/or there are other errors in how you have identified the party that you are trying
to serve.Our company is the registered agent for service of process for hundreds of thousands of entities,and
because of your errors in identifying the party that you are trying to serve,we are unable to determine the identity
of the party that you are attempting to serve.
0 Inactive Entity:The entity that you are attempting to serve is either discontinued on our records and/or
inactive with the Secretary of State.Accordingly,we no longer have any active agreement with the entity to
operate as its registered agent for service of process,and we no longer have current delivery instructions on file.
To be clear,for the aforementioned reason(s),we have not been able to forward the documents that you are
attempting to serve to any party.We are writing this letter to you so that you can take action to address the
problems that we have identified.If you do not correct the errors identified herein,the party you are trying to serve
will not receive notice of these documents.
Please email SOPInquiries@wolterskluwer.eviii if you believe that you hava imeived this letter in error or if you
need further assistance.
Very truly yours,
C T Corporation System
(Returned To)
NC DEQ/DEMLR
Stormwater Section
127 Cardinal Drive Extension,
Wilmington,NC 28405
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Smith, Ashley M
From: Smith, Ashley M
Sent: Friday,June 30,2023 10:50 AM
To: April Girard
Ce: Rooney, Molly
Subject: RE: [External] Re:Transfer/Renewal of Stormwater Management Permit
Hi April,
If both permits are being transferred without the previous permit holders signing the applications,the transfer
application has an option on page 2 where only the proposed permittee(option 3) is signing the application. Only the
sections listed as the"proposed permittee"will need to be complete. Once the transfer applications are accepted by our
office, it will be assigned to one of our review engineers, a compliance inspection will be conducted,and the review
engineer will either reach out no later than 90 days after acceptance with a request for additional information needed to
continue review,or they will issue the permit.
I also noted SW8970521: Mill Creek Phase II is expired.A renewal application will need to be submitted along with the
transfer application. Usually,we would renew the permit before being transferred, however without the previous
permit holders,we will review the transfer application with the renewal,they will be documented in our system as
issued a day after one another(because we cannot have two applications under review concurrently in our system)and
only one permit letter will be issued as a transfer/renewal permit.
will print this email for the files,so it is documented that you are working on the applications and getting these permits
back into an active,and compliant status. I understand these things take time receiving documents and signatures.
Please let me know if there are any additional comments, questions,or concerns.Thank you!
Ashley Smith
Storm water Permitting Assistant
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: (910)796-7215 1 Direct: (910)796-7326
ashleym.smith@deg.nc.eov "please note change in email address"
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oepanmetd el EevironmelNei Quaflly
EMI Ja►l c rre,;pon6ience to an r is�r this ad-dress is su iect to Mle ivrc-h
Car.Tina Pubic Re=dS La'ol and may be disclosed to third parties.
From:April Girard<agirard@druckerandfalk.com>
Sent:Wednesday,June 28, 202312:44 PM
To:Smith,Ashley M<ashleym.smith@deq.nc.gov>
Cc: Rooney, Molly<Molly.Rooney@cla rionpartners.com>
Subject: Re: [External] Re:Transfer/Renewal of Stormwater Management Permit
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Hi Ashley,
I wasn't able to get in touch with you on Monday and my availability is limited this week. I wanted to see if you
could explain the transfer and renewal application process for these two properties. We are unsure of how to
fill out this information since the past owners didn't complete the transfer or renewal when they purchased
the properties. I also wanted to request an extension on the Mill Creek application. I've copied Molly who will
be completing the new ownership portion. We appreciate your assistance.
CLPF Mill Creek
CLPF Clear Run
Thank you,
celaf r ting April Girard, 10,APS, CANI.
Re`ional Proper y Manager
P 9410-848-7,300 agirarc+ :+-ttckera, rfa'k.ccsni
Years 572g G can 'er D-ive, Unit 4A_, bVlrnirgt^ ?, NC 28403
dr ticker ♦ folk wNw.druckerandfa k.com ffi®
From:Smith,Ashley M <ashleym.smith@deg.nc.gov>
Sent: Friday,June 23, 2023 4:32 PM
To:April Girard<a irard druckerandfalk.com>
Subject: RE: [External] Re:Transfer/Renewal of Stormwater Management Permit
is emaWBRdnated from outside of Drucker+Falk. Do not click links or open attachments unless you recognize the
_ fe.
Thank you for the information! I will answer all the questions I can for you. If there are any technical questions,those
may need to be answered by one of our engineers, however I will help the best I can.
Ashley Smith
Storm water Permitting Assistant
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: (910)796-7215 1 Direct: (910)796-7326
ashleym.smith@deg.nc.gov "Please note change in email address"
2
iA
NORTH CAFiOLi�VA '�
Oepariment d Brvino�anental Qua
Email correspondence to and from this address is subiect to tr a North
Carolina Public Records Law and may be disclosed to third carties.
From:April Girard<aeirard@druckerandfalk.com>
Sent: Friday,June 23, 2023 1:13 PM
To:Smith,Ashley M <asnleym.smith@deg.nc.eov>
Subject: Re: [External] Re:Transfer/Renewal of Stormwater Management Permit
-�.AUTION: 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.
Ashley,
I will call you at 10Am on Monday. I will have the owner representative on the line as well so we can discuss all our
questions.
celebrating April Girard. SAPS, CAN,!
Regicnal Properly Manager
P 919-84r3-F3 it
T',ars 5,725 Oleander Grl e, !Iri` 4A, �, i,rlif igto,i, N0 ;,Z)-W 3
d rucker + fal k www.druckerandfalk.com
From:Smith,Ashley M<ashleym.smith@deg.nc.gov>
Sent: Friday,June 23,2023 12:48:11 PM
To:April Girard <agirard@druckerandfalk.com>
Subject: RE: [External] Re:Transfer/Renewal of Stormwater Management Permit
_ . rocker+Falk. Do not click links or open attachments unless you recognize the
WMq6N ender and know the content is safe.
Hi April,
Thanks for reaching out! I will be in the office on Monday from 9am until 5pm.You may call on my direct number below.
If I do not pick up, please leave me a voicemail and I will get back to you as soon as possible.You may also email me your
questions and I will be happy to help.
Ashley Smith
Stormwater Permitting Assistant
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington., NC 28405
Office: (910)796-7215 1 Direct: (910)796-7326
3
ashleym.smith@deg.nc.gov "please note change in email address"
NORTH CAROUJ A ��E Q%`
lleparLment of Ern.'..ntal lluMy
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: April Girard<agirard druckerandfalk.com>
Sent:Thursday,June 22, 2023 11:27 AM
To:Smith,Ashley M<ashleym.smith@deq.nc.gov>
Subject: [External] Re:Transfer/Renewal of Stormwater Management Permit
Importance: High
CAiPf?N: External email.❑o not click links or open attachments unless verifiers.Report suspicious emails with the Report Message
buttm located on your Outlook menu bar on the Home tab_
Ashley,
Karen reached out to you regarding the applications for Mill Creek and Clear Run. The ownership group is
reviewing the applications and we still have some questions on how to proceed. Are you available on Monday
to discuss this with us? If so, please let us know what time works best for you.
Thanks,
c1m1*br-; ln9 April Girard, CAPS.. C AtVl
P.ecricrai Property Marager
P y, 9-84 -7300 a^ rar:s�aw1+' L".ifa!'ariLfEaIC.��li!
8;Y-10" 5725 C?ea^der Drive, Unit 4A ' !I Lg Cn, tJIC 23403
drucker + fe!k www.druckerandfalk.com �i
From: Karen Anderson<knderson druckerandfalk.com>
Sent: Friday,June 2, 2023 12:59 PM
To:ashleym.smith@ncdenr.gov<ashleym.smith@ncdenr.gov>
Cc:April Girard<agirard druckerandfalk.com>; Blake Cross<bcross@druckerandfalk.com>
Subject:Transfer/Renewal of Stormwater Management Permit
Good afternoon,
We have become aware that we need to submit a transfer of ownership and renewal form for Mill Creek Phase II, Permit
#SW8970521. Can these be submitted together and is the fee$505 each or$505 total? Any advice that may assist us
with navigating this process is appreciated.
Thank you,
4
celebrating Karen Anderson_ CAM
Property Plianagement Coordinator
P 919-582-1901 C 919'-270-1267 ka:3 aerscr,'druckerardfaik.com
years 7200 Creedmoor Road Suite 300. Ra.eigh, NO 27613
drunker + falk www.druckerandfalk.com El®
_til 1l Correspori dence to and fronn this subiectr to the North-Carolina.Pub-tic RF-corIs Lary and may CIF.iliw:io?.zed!c)-nird Par—,i:es.l j an
state official-
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tOY COOPER
ELIZABETH S.131SER
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
Inn erim Daw ror Pnv&anmetual Quatuy
May 26,2023
UDR of NC,Limited Partnership
Attn: Leslie Green,Authorized Signature
150 Fayetteville St.,Box 1011
Raleigh,NC 27601
Subject: Stormwater Permit Renewal Request and Transfer Request
Post Construction Stormwater Management Permit Nov SW8 970521
Mill Creek Phase H
New Hanover County
Dear Ms. Green.
Post-Construction Stormwater Management Permit SW8 970521 for the subject project expired on 7/24/2022.
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:4eq.n4_ptly/Mk_
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:
It i d4_ .1�C.�o�;'about,diy.isi+)ns.'cnergy-xniner�ii-and-land-resources.Aormwateriot rmwatev- ram pn;t_
construction-'7
Permits are not automatically transferred when the property ownership changes.If this property has had an
ownership change,a permit transfer application form along with the submittal requirements will also need to be
submitted.This form can also be found on the website provided above.
If you have any questions regarding this matter,please contact Ashley Smith or Aisia Freeman in the Wilmington
Regional Office either via email ashlex_ ..s 1jthAncdggr.gc� ar aisia.f eeznan.;�;.jiedunr.1o+)or phone at(910)
796-7215.
Sincerely,
Douglas R. Ansel,Interim Director
Division of Energy,Mineral and Land Resources
DES/mgb: \\\Stormwater\Permits&Projects\1997\970521 HM2023 05 req_ren 970521
cc: CT Corporation System,Registered Agent;UDR of NC,L,P; 150 Fayetteville St.,Box 1011;Raleigh,NC 27601
Heather Hopkins,Manager;CLPF Mill Creek,LLC;New Property Owner;230 Park Ave..New York NY 10169
Corporation Service Company;Registered Agent for New Propert Owner;2626 Glenwood Ave.,Ste. 550,Raleigh,NC
27608
Wilmington Regional Office Stormwater File
North Carolina Department of Environmental Quality ; Division of Energy,Mineral and[.and Resources
Z.D.E Q Wilmington Regional Offmc 1127 Cardinal drive Extension j Wilmington.Nortb Carolina 28409
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ROY COOPER
Governor
ELIZABETH S.BISER
Seeretary (la*
DOUGLAS R.ANSEL. NORTH CAROLINA
&rterim Dtrecurr brvdr MnWd d QUaUtq
May 26,2023
UDR of NC, Limited Partnership
Attu Leslie Green,Authorized Signature
150 Fayetteville St,Box 1011
Raleigh,NC 27601
Subject: Storruwater Permit Renewal Request and Transfer Request
Post-Construction Storrs water Management Permit No.SWS 97052.1
Mill Creek Phase H
New Hanover County
Dear Ms.Green:
Post-Construction Stormwater Management Permit SW8 970521 for the subject project expired on 7,12412022.
This is a reminder that permit renewal applications are due 180 days prior to their expiration per I SA NCAC
2FL1045(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. ova /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././deg.ne.aov/aboatldivisioi s/enetg-mineral-and-land-resources/sormwater/stoimwater-progEgM ost-
constiuction
Permits are not automatically transferred when the property ownership changes.If this property has had an
ownership change, a permit transfer application:form along with the submittal requirements will.also need to be
submitted.This form can also be found onn the website provided.above.
If you have any questions regarding this matter,please contact Ashley Smith or Alm Freeman in the Wilmington
Regional Office either via email(ashleym.smith d.ncdenr.gov or aisia.freemanA(mcdenngov)or phone.at(910)
796-7215.
Sincerely,
CR5ff�— V
59,Douglas R.Ansel,Interim Director
Division of Energy,Mineral and Land Resources
DES/mgb: %StormwaterTermits&Projects\1997\970521 HD\2023 05 req_rm 970521
cc: CT Corporation System,Registered Agent;UDR of NC,LP; 150 Fayetteville St.,Box 1011;Raleigh,NC 27601
Heather Hopkins,Manager;CLPF Mill Creek,LLC;New Property Owner;230 Park Ave.;New York,NY 10169
Corporation Service Company;Registered Agent far New Property Owner;2626 Glenwood Ave.,Ste.5501 Raleigh;NC
27608
Wilmington Regional Office Stormwater File
North Carolina Department of Environmental Quality I Division of Energy,Miflerai and Laud Resources
Wilmington Regional Mee 1 127 Cardinal Drive Extension I Wilmington,North.carollna.21Ws
a O 910.7%.7215
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Limited Liability Company
Legal Name
UDRT OF NORTH CAROLINA, L.L.C.
Information
Sosld: 0348026
Status: Merged
Date Formed: 6/30/1994
Citizenship: Domestic
Annual Report Due Date: April 15th
Registered Agent: CT Corporation System
Addresses
Reg Office Reg Mailing Principal Office
225 Hillsborough Street 225 Hillsborough Street 400 East Cary Street
Raleigh, NC 27603 Raleigh, NC 27603 Richmond, VA 23219
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
SOSID:0614532
Date Filed: 12/30/2002 3:13:00 PM
Elaine F.Marshall
North Carolina Secretary of State
ARTICLES OF MERGER
22 365 9001 OF
UDRT OF NORTH CAROLINA,L.L.C.
(a North Carolina limited liability company)
AND
UDR OF NC,LIMITED PARTNERSHIP
(a North Carolina limited partnership)
The undersigned general partner, pursuant to Section 59-1072 of the North
Carolina Revised Uniform Limited Partnership Act, hereby executes the following
Articles of Merger.
ARTICLE ONE
The business entities proposing to merge are UDRT of North Carolina,
L.L. '.. a North Carolina limited liability company ("UDRT LLC"), and UDR of NC,
Limited Partnership, allorth Carolina limited partnership ("UDR LP").
ARTICLE TWO
UDR of NC, Limited Partnership shall be the surviving business entity.
ARTICLE THREE
A copy of the Agreement and PIan of Merger is attached hereto as
Exhibit A. The Agreement and Plan of Merger was duly approved by each of UDRT
LLC and UDR LP in the manner required by the North Carolina Limited Liability
Company Act and the North Carolina Revised Uniform Limited Partnership Act,
respectively.
ARTICLE FOUR
The Articles of Merger shall be effective upon the filing of these Articles
of Merger with the Secretary of State of North Carolina.
IN WITNESS WHEREOF, the undersigned general partner of UDR LP
has caused these Articles of Merger to be executed in its name as of the 1 Z. day of
December, 2002.
UDR OF NC, LIMITED PARTNERSHIP
By: UDR OF NORTH CAROLINA, INC.,
its general partner
B
Name: W. ark allis
Title: Senior Executive Vice President
2
EXHIBIT A
AGREEMENT AND PLAN OF MERGER
A-I
AGREEMENT AND PLAN OF MERGER
THIS AGREEMENT AND PLAN OF MERGER (this "Agreement"), dated as of
December�2 2002, by and between UDRT of North Carolina, L.L.C., a North Carolina limited
liability company ("UDRT LLC"), and UDR of NC, Limited Partnership, a North Carolina
limited partnership ("UDR LP").
WITNESSETH:
WHEREAS, UDRT LLC is a limited liability company duly formed under the laws of the
State of North Carolina, having been formed on June 30, 1994;
WHEREAS, UDR LP is a limited partnership duly formed under the laws of the State of
North Carolina, having been formed on December 28, 2001; and
WHEREAS,the sole member of UDRT LLC and the partners of UDR LP each deems it
desirable, upon the terms and subject to the conditions herein stated,that UDRT LLC be merged
with and into UDR LP and that UDR LP be the surviving entity.
NOW, THEREFORE,the parties hereto agree as follows:
ARTICLE I
THE MERGER
Section 1.01. The Merger. Upon the terms and subject to the conditions set forth in this
Agreement, and in accordance with the laws of the State of North Carolina, at the Effective Time
(as defined in Section 1.02)UDRT LLC shall be merged with and into UDR LP (the "Merger").
As a result of the Merger, the identity and separate existence of UDRT LLC shall cease and
UDR LP shall continue as the surviving entity of the Merger(sometimes referred to herein as the
"Surviving LP").
Section 1.02. Effective Time. The parties hereto shall cause the Merger to be
consummated by filing articles of merger(the "Articles of Merger") with the Secretary of State
of the State of North Carolina, as required by, and executed in accordance with the relevant laws
of the State of North Carolina(the time of the filing of the Articles of Merger being the
"Effective Time").
Section 1.03. Effect of the Merger. At the Effective Time, the effect of the Merger
shall be as provided under the laws of the State of North Carolina. Without limiting the
generality of the foregoing, and subject thereto, at the Effective Time, except as otherwise
provided herein, all the rights,privileges,powers and franchises of UDRT LLC shall vest in the
Surviving LP, and all debts, liabilities and duties of UDRT LLC shall become the debts,
liabilities and duties of the Surviving LP.
Section 1.04. Subsequent Actions. If, at any time after the Effective Time, the
Surviving LP shall consider or be advised that any deeds, bills of sale, assignments, assurances
or any other actions or things are necessary or desirable to continue in,vest,perfect or confirm of
1
record or otherwise in the Surviving LP its right,title or interest in, to or under any of the rights,
properties, privileges, franchises or assets of UDRT LLC acquired or to be acquired by the
Surviving LP as a result of, or in connection with,the Merger or otherwise to carry out this
Agreement, the general partner of the Surviving LP shall be and hereby is directed and
authorized to execute and deliver, in the name and on behalf of UDRT LLC, all such deeds,bills
of sale, assignments and assurances and to take and do, in the name and on behalf of UDRT LLC
or otherwise, all such other actions and things as may be necessary or desirable to vest, perfect or
confirm any and all right, title and interest in,to and under such rights,properties,privileges,
franchises or assets in the Surviving LP or otherwise to carry out this Agreement.
ARTICLE II
CONVERSION OF INTERESTS
At the Effective Time,by virtue of the Merger and without any action on the part of
UDRT LLC or UDR LP,the ownership interests of UDRT LLC shall be canceled and the
ownership interest of the Surviving LP shall be as follows: 1%owned by UDR of North
Carolina, Inc. and 99% owned by United Dominion Realty Trust, Inc.
ARTICLE III
GOVERNING LAW
This Agreement shah be construed in accordance with and governed by the laws of the
State of North Carolina,without giving effect to principles of conflicts of laws.
[Remainder ofpage intentionally left blank, signature page to follow.]
2
a Y
IN WITNESS WHEREOF, UDRT LLC and UDR LP have each caused this Agreement
to be duly executed, all as of the date first above written.
UDRT OF NORTH CAROLINA,L.L.C., a North Carolina limited
liability company
By: UDR of NC, Limited Partnership, a North Carolina limited
partnership, its sole member
By: UDR of North Carolina, Inc., a North Carolina corporation,
its general partner
By: '
e: W. Mark Wallis
Title: Senior Executive Vice President
UDR OF NC,LIMITED PARTNERSHIP, a North Carolina limited
partnership
By: UDR of North Carolina, Inc., a North Carolina corporation,
its general partner
PA
Name: W. gark Wallis
Title: Senior Executive Vice President
3
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Limited Partnerships
Legal Name
UDR of NC, Limited Partnership
Information
Sosld: 0614532
Status: Cancelled O
Date Formed: 12/28/2001
Citizenship: Domestic
Annual Report Due Date:
Registered Agent: CT Corporation System
Addresses
Reg Office Reg Mailing
150 Fayetteville St., Box 1011 150 Fayetteville St., Box 1011
Raleigh, NC 27601 Raleigh, NC 27601
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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
CLPF MILL CREEK LLC
Information
Sosld: 2414311
Status: Current-Active O
Date Formed: 5/13/2022
Citizenship: Foreign
State of Incorporation: DE
Annual Report Due Date: April 15th
CurrentAnnual Report Status:
Registered Agent: Corporation Service Company
Addresses
Mailing Principal Office Reg Office
230 Park Ave 230 Park Ave 2626 Glenwood Ave Ste 550
New York, NY 10169 New York, NY 10169 Raleigh, NC 27608
Reg Mailing
2626 Glenwood Ave Ste 550
Raleigh, NC 27608
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
HEATHER HOPKINS
230 PARKAVENUE
NEW YORK NY 10169
Naugle, Mary
From: Austin, Robin [raustin@withersravenel.com]
Sent: Wednesday, February 17, 2010 8:25 AM
To: Naugle, Mary
Cc: Roberts, Derek
Subject: RE: PE cert
Attachments: Mill Creek Cert.pdf
Mary Jean,
I'm not sure if any from our office has already responded to this, but if not, attached is a copy of the cert for your files.
Robin
From: Naugle, Mary [mailto:mary.naugle@ncdenr.gov]
Sent: Tuesday, February 16, 2010 2:41 PM
To: Roberts, Derek; Austin, Robin; bsmith@withersravenel.com; DeGolyer, Jessica;jsmith2@withersravenel.com
Subject: FW: PE cert
TO: Mark Hargrove or others at Withers and Ravenel;
Do you by any chance have a copy of the PE cert for Mill Creek Ph II stormwater permit no.SW8 970521?
If so, please e-mail a copy to us.
Thank you I
MCIFy Ireein tvaugle
NC DENR Express Permitting
MC Division of Water Quality
127Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
910-796-7303
910-350-2004 fax
Mgr
y.nacgleC)ncdenr.po v
Please note: 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.
1