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HomeMy WebLinkAboutSW8080821_HISTORICAL FILE_20080912i STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 0%0$21 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS 11 HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 'Loasroai2 YYYYMMDD Michael F Easley, Governor Willi." G. Ross Jr, Secretary North Carolina Department of Environment and Natural Resources Coleco H Sullins Director Division of Water Quality September 12, 2008 William M. King, Site Manager INVISTA S.a.r.l., LLC PO Box 327 Wilmington, NC 28402 Subject: State Stormwater Management Permit No. SW8 080821 Invista Oxidizer Access Road Improvement Low Density Stormwater Project New Hanover County - Dear Mr. King: The Wilmington Regional Office received a Stormwater Management Permit Application for Invista Oxidizer Access Road Improvements on September 3, 2008 with additional information submitted on September 9, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and the Session Law 2006-246. We are forwarding Permit No. SW8 080821 dated September 12, 2008, for the construction, operation, and maintenance of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you h any questions please contact either M.J. Naugle or me at (910) 796-7215. Si erely, Edward Beck Regional Supervisor Surface Water Protection Section ENB/mjn: S:\WQS\STORMWATER\PERMIT\080821 sep08 cc: David E. Criser, PE, Criser Troutman Tanner, 910-397-2929, fax: 2971 New Hanover County Inspections Beth E. Wetherill, New Hanover County Engineering City of Wilmington Development Services Division of Coastal Management Wilmington Regional Office Central Files Now hcarolma M.J. Nauole Xatura//y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet wwwncwaterouahty ore Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50 % Recycled110°/ Post Consumer Paper State Stormwater Management Systems / Permit Number SW8080821 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO William M. King and INVISTA S.a.r.l., LLC Invista Oxidizer Access Road Improvements 4600 Hwy 421 N., Wilmington, New Hanover County FOR THE Construction, operation and maintenance of a 24% low density development in compliance with the provisions of 15A NCAC 2H .1000 and the in Session Law 2006- 246 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. This permit covers the construction of 90,651 square feet of built -upon area. 2. The overall tract built -upon area percentage for the project must be maintained at 24%, as required by Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 6. Roof drains must terminate at least 30 feet from the Mean High Water line of surface waters. II. SCHEDULE OF COMPLIANCE Projects covered by this permit will maintain a minimum 30-feet wide vegetative buffer between all impervious areas and surface waters. Page 2 of 5 State Stormwater Management Systems Permit Number SW8080821 The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 4. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 080821, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. For those lots within CAMA's Area of Environmental Concern, where DCM calculates a different maximum lot built -upon area, the governing maximum lot BUA shall be the more restrictive of the two amounts. g. Construction of additional built -upon area in excess of 90,651 square feet will require a permit modification. h. Construction of additional impervious areas such that low -density requirements are no longer met will require a permit modification prior to construction. An engineered system will be required to collect and treat the runoff from all built -upon area associated with the project, including that area permitted under the low density option. i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings, is strictly prohibited by any persons. j. A minimum 30 foot wide vegetated buffer area shall be provided between surface waters and all impervious surfaces. 5. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. 7. Projects within 401 or CAMA's Area of Environmental Concern (AEC) are subject to a reduction of the permitted amount of built -upon area due to the 401 and/or CAMA jurisdiction within the AEC. The more restrictive of the calculated BUA's shall govern. Page 3 of 5 State Stormwater Management Systems ! Permit Number SW8080821 Prior to the development of any future area or additional phase noted on the approved plans for which an allocation of built -upon area has been made, a permit modification must be submitted to and approved by the Division. The modification must demonstrate that the built -upon area does not exceed the maximum amount permitted under this permit and that it meets the intent of low density development per the stormwater rules and available guidance. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Owner or Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought or for which a CAMA Major permit was issued. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. g. Development of the designated future development areas. 10. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface. 11. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 12. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b Sediment removal. C. Mowing, and re -vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 13. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 14. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until modified, revoked or terminated. Page 4 of 5 State Stormwater Management Systems Permit Number SW8080821 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in the Session Law 2006-246; Title 15A of the North Carolina Administrative Code, Subchapter 21-1.1000; and North Carolina General Statute 143-215.1 et. al. 5. This permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and re -issuance of the permit to change the name and incorporate such other requirements as may be necessary. In the event of a name or ownership change, a completed Name/Ownership Change form, signed by both parties, must be submitted to the Division of Water Quality accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until the Director approves a transfer of ownership. Neither the sale of the project nor the transfer of deeded common area to a third party, such as a homeowner's association, constitutes an approved transfer of the stormwater permit. 7. The permittee grants permission to DENR Staff to enter the property during normal business hours, for the purpose of inspecting all components of the stormwater management facility. 8. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 9. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction. 10. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Permit issued this the twelfth day of September 2008 NORT AROLINA ENVIRONM,E,N`TAAL MANAGEMENT COMMISSION ------ ---------------- I Colleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 5 - DWQ USE`ONLY" k'. Date Received Fie Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original 1. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): INVISTA S.ar.l., LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): William M. King, Site Manager - 3. Mailing Address for person listed in item 2 above: City:Wilmington State:NC Zip:28402 Phone: (910 ) 341-5500 Fax: (910 1 341- 3131 Email: bill.king@invista.com 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Invista Oxidizer Access Road Improvements 5. Location of Project (street address): 4600 Highway 421 North City: W ilmington County:NC Zip:28402 6. Directions to project (from nearest major intersection): From the intersection of H_yv 17 and Hwv 421 travel north on Highway 421 approx. 2 miles to Invista Facility at 4600 Highway 421 North on the right hand side of the road 7. Latitude:34° 19' 24.1" N Longitude:77° 58' 08.1" W of project S. Contact person who can answer questions about the project: Name:Robert A Walker El Telephone Number: (910 1 397-2929 Email: rwalker@cttengineering.com II. PERMIT INFORMATION: 1. Specify whether project is (check one): ®New - ❑Renewal Form SWU-101 Version 03.27.08 Page I of 4 jtr $ 2008 BY:- _� 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): ®Low Density ❑High Density ❑Redevelop []General Permit ❑Universal SMP []Other 4. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ®CAMA Major ®Sedimentation/Erosion Control ❑404/401 Permit ❑NPDES Stormwater III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project . Stormwater runoff will sheetflow to undisturbed vegetated areas This project will not alter existing drainage features within the project area Existing soils in the project area are highly drained soils with rapid permeability, and have been determined to be appropriate for infiltration applications This was achieved through extensive monitoring over the last 20 years of site hydrology and soil characteristics in support of spray irrigation applications A minimum 30 ft vegetated buffer will be maintained between all impervious area and existing surface waters Existing impervious area for the project site is 9%Proposed impervious area for the project site is proximately 18% 2. Stormwater runoff from this project drains to the Cape Fear River basin. 3. Total Property Area: 1,295 acres 4. Total Wetlands Area: unknown acres 5. 100' Wide Strip of Wetland Area: acres (not applicable if no wetlands exist on site) 6. Total Project Area"':11.57 acres 7. Project Built Upon Area: 2.08 % 8. How many drainage areas does the project have? 2 9. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Fnr hioh dencity nroiertc. romnlete the table with one drainage area for each engineered stormwater device. Ba_sin'Irifoi'matton:;..'";",::.?,4 ,,:,IjeDrain_age"Area�li';='';'-"'% ",- _DrainageArea_2' h Receiving Stream Name Cape Fear River �/ Cape Fear River Stream Class & Index No.. SC; 5 SC) S0 Total Drainage Area (sf) 343,384 160,581 On -site Drainage Area (sf) 343,384 160,581 Off -site Drainage Area (sf) 0 0 Existing Impervious" Area (sf) 18,680 24,567 Proposed Impervious" Area (sf) 41,007 49,644 % Impervious* Area (total) 11.9% 30.97/6 "yio = "' "`vious,Surface`:A_iea�..,,;r-,+.;�Y,.�:-:; [m pei On -site Buildings (sf) N/A N/A On -site Streets (so 41,007 49,644 On -site Parking (sf) N/A N/A Form SWU-101 Version 03.27.08 REC]F:TVED Page z of 4 6 E r 0 2008 BY: � A 9D) Ic5I On -site Sidewalks (sf) N/A N/A Other on -site (sf) N/A N/A Off -site (sf) N/A N/A Total (sf): 41,007 49,644 " Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ""Total project area shall be calculated based on the current policy regarding inclusion of wetlands in the built upon area percentage calculation. This is the area used to calculate percent project built upon area (BUA). 10. How was the off -site impervious area listed above IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. Forms can be downloaded from httl2'//h2o.enr.state-nc.us/suibml2 forms htm -deed restrictions. Form DRPC-1 High Density Commercial Subdivisions Form DRPC-2 • High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions Form DRPC-4 Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required in the above form, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Forms can be downloaded from httl2-//h)o.enr.state.nc.us/su/`bml2 forms.htm. Form SW401-Low Density Form SW401-Curb Outlet System Form SW401-Off-Site System Form SW401-Wet Detention Basin Form SW401-Infiltration Basin Form SW401-Infiltration Trench Form SW401-Bioretention Cell Form SW401-Level Spreader Form SW401-Wetland Form SW401-Grassed Swale Form SW401-Sand Filter Form SW401-Permeable Pavement Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Wet Detention Basin Supplement Infiltration Basin Supplement Underground Infiltration Trench Supplement Bioretention Cell Supplement Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Constructed Wetland Supplement Grassed Swale Supplement Sand Filter Supplement Permeable Pavement Supplement Form SWU-101 Version 03.27.08 Page 3 of 4 RECEIVED Form SWU-101 Version 0327.08 Page 4 of 4 S E F 0 3 2008 BY: VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at http://h2o.enr.state.ne.us/su/msi maos.htm) V_ 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. tials • Original and one copy of the Stormwater Management Permit Application Form • Original and one copy of the Deed Restrictions & Protective Covenants Form (if I✓/A required as per Part IV above) • Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP • Permit application processing fee of $505 (Express: 54,000 for HD, $2,000 for LD) payable to NCDENR W • Calculations & detailed narrative description of stormwater treatment/management • Copy of any applicable soils report ijf • Two copies'of plans and specifications (sealed, signed & dated), including: mw - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VIL AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. (ex. designing engineer or firm) Designated agent (individual or firm):Robert A Walker, EI Criser Troutman Tanner Consulting Engineers Mailing Address:3809 Peachtree Ave City:Wilmington Phone: (910 1 397-2929 Email:rwalker@cttengineering.com VIII. APPLICANTS CERTIFICATION State:NC Zip:28403 Fax: (910 1 397-2971 1, (print or type name of person listed in General Information, item 2) William M. King certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. Signature: & Date: `7 RF�`FTVFD Form SWU-101 Version 03.27.08 Page 5 of 4 6 l' 0 3 2008 BY:�_` P. 01 TRANSACTION REPORT SEP-15-2008 MON 10:36 AM X FOR: NCDENR 910 350 2004 SEND DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP SEP-15 10:34 AM 93413171 1'26" 6 FAX TX OK 171 TOTAL 1M 26S PAGES State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary FAX COVER SHEET Date: 1 S-OIc - C To: ��� V,�4k Co: >-�A Fax: dal-l-7l Re: �n.v`'. S r �i-�- Hard copy to follow No. Pages (excl. cover): Express Permitting From: Sandra Exum Phone: (910) 796-7265 Fax: (9 10) 3 50-2004 127 Cardinal Drive Extension, Wilmington, NC 28405 • (910) 796-7215 • An Equal Opportunity Anirmative Action Employcr P. 01 K TRANSACTION REPORT SEP-15-2008 MON 10:38 AM FOR: NCDENR 910 350 2004 SEND DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP SEP-15 10:36 AM 93972971 1116" 6 FAX TX OK 172 TOTAL 1M 16S PAGES: 6 K State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor FAX COVER SHEET Date: �- ( S —(Z Ca: �i l j[S��nn� �l l L % �1NZW Fax: Re: Hard copy to follow William G. Ross, Jr., Secretary No. Pages (excl. cover): Express Permitting From: Sandra Exum Phone: (910)796-7265 Fax: (910)350-2004 127 Cardinal Drive Extension. Wilmington, NC 28405 • (910) 796-7215 • An Equal Opportunity Atfirmative Action Employer t STORMWATER NARRATIVE AND CALCULATIONS OXIDIZER ACCESS ROAD IMPROVEMENTS WILMINGTON, NORTH CAROLINA CTT Project #6066 August 2008 SEP 0 s 2008 CRISER TROUTMAN TANNER CRISER TROUTMAN TANNER CONSULTING ENGINEERS WILMINGTON, NC - RALEIGH. NC PO Bo. 3727 Wilmington. NC 2B400 I 3809 Peachtree Ave. Suite 102 Wilmington. NC 28403 u 910.397 2929 : 910,397 2971 attengmeennq enm Table of Contents Narrative Description Permit Application Forms: SWU-101 Stormwater Management Permit Application Appendix A: Drainage Calculations Appendix B: Deed & Ownership Information Appendix C: Drawings Sheet No. Title CO Cover Sheet and Overall Site Plan C1 Partial Site Plan and Details C2 Partial Site Plan and Details C3 Partial Site Plan and Details RECFTVF,D SEP 0 3 2008 BY: IF OXIDIZER ACCESS ROAD IMPROVEMENTS INVISTA INDUSTRIAL FACILITY WILMINGTON, NC Background As part of an expansion project to the existing INVISTA industrial facility located at 4600 Highway 421 North in Wilmington, NC, (Tax ID #R02400-001-001-000) oversized equipment must be brought into the site from the Cape Fear River. The new 380 metric tonne Oxidizer tanks, spanning approximately 96 feet in length with an outside diameter of 23 feet, will be transported to the site by barge and offloaded from the barge onto the existing gravel accessroad. The majority of the INVISTA plant, which occupies 1,295 acres, was built prior to 1988. The access road leading to the river was built in the 197O's to bring in plant equipment from the Cape Fear River. Due to the sheer size and weight of the new Oxidizer tanks, roadway improvements to the existing gravel roadway will be necessary in order to complete the project. Existing access road, 1981 NVISTA Plant, RECFiVFD SEP 0 3 2008 BY: Existing access road, 2008 Project Description To accommodate the arrival of the Oxidizer tanks, the existing staging area and gravel access road will require some improvements. The 11.6 acre "Project Area" has been defined on the enclosed plans and currently consists of approximately 1.0 acre of impervious area. The total proposed built upon area of the project is 2.1 acres, resulting in a total impervious surface area of 18%. A total of 3.0 acres will be disturbed with this project. Along the shore at the existing staging area, brush will be cut at the base to position a mat mounted unloading crane outside of the 30 ft..CAMA Buffer but within the 75 ft. Area of Environmental Concern (AEC). The hydraulic crane, equipped with outriggers, will be used to place two 12 ft. by 12 ft. concrete anchors along the shoreline to stabilize the barge during offloading. These temporary anchoring structures will be placed outside of the 30 ft. CAMA Buffer but within the 75 ft. Area of Environmental Concern (AEC). The crane will also be used to position the 80 ft. long off-loading ramp. Stabilization of the existing gravel roadway and staging area will be accomplished by the application of rock gravel spread onto the existing gravel roadway. No land disturbance will occur within the 30 ft. CAMA Buffer area. Please note these proposed activities were covered by CAMA Minor Permit #08-026 issued May 6, 2008. However, due to the fact that the full extent of the project's roadway improvements cause the need for a State Stormwater Permit, a CAMA Major Permit has now been applied for with the NC Division of Coastal Management. From the river, dollies will be used to transport the Oxidizer tanks along the existing gravel access road to their final destination at the D-Line area within the INVISTA plant approximately one mile away. To accommodate the large equipment, the existing roadway will be widened to provide 20 ft. width along all straight-aways, and 30 ft. width along all curves. Stormwater Management This project lies within the Cape Fear River Basin, and drains to the Northeast Cape Fear River which has a stream classification of "C; SW". Currently, stormwater runoff3TWV � I1 kk''.1vr.LI SEV 0 3 2008 BY: existing gravel access road flows via sheetflow to undisturbed vegetated areas along the roadway. The sandy soils within the project area promote infiltration, and stormwater runoff is naturally filtered into the soil and vegetation where pollutants are broken down by microorganisms in the soil and plants. The Soil Conservation Service classifies the soils within the project area as Kureb sand and Lakeland sand. Both of these types of soil can be characterized by being excessively drained with rapid permeability. The seasonal high water table is estimated to be at a depth greater than 6 ft. VA„ {l��i .� �1 1` iy'.1%'2� �Y!}'1✓'�y' '. i•', �t`'. _ �-_�;� .i. .1a, ,*�95k�,`•t'?Ui1P4c.. ;;.ii:`:^o��y¢.:->.-�s�;�, a .i:;..)y Ki ti .,T'. r. :9 f. 1`t. ,�akY —M {,r` n'..S• :: M'b h,� . ':S: La' E. - �C.F ;Y�-,-i•:�\,3" .4.dY-{�.. r(4e� _, �u. f " - - : W\ �':i .'•-..t<f}.''^. oiPa{li!'iYdi3:!`--L'S srtt,:: r 'ay``� 2 J �1t76;F'= i` ; i� . F°I. S{, V•r.,.rt' ' . �3.4. ,i'•"r:,�';.''..'._:,': P; }.�i'.-t .:.;>.,.'.i7 ,. ;, •: ";...� .,'-ha,_r}e� r�.4:n4 ., ,�.�'�:y T... ,;:f �M•Y �� ., �!f., `. �`{: 'Aa: ,_t rt``��� :.: �'e. {i,','ur:::,r /�_;l New Hanover County Soils Map Given the site conditions, the vegetated areas adjacent to the access road were used for many years as spray irrigation fields for the disposal of treated effluent produced by the plant. To ensure the natural groundwater hydrology and in -situ soils were suitable for this application, extensive research and investigation was carried out by North Carolina State University's Department of Soil Science. NCSU's reports have shown infiltration rates ranging from 20 inches/hour up to 100 inches/hour. The improvements with this project do not propose to alter the existing drainage features in any way. Stormwater runoff generated from the widened gravel roadway will continue to sheetflow to adjacent vegetated areas and infiltrate the existing soils and vegetation. Given the nature of this project and the proposed improvements, it is being requested that this project be permitted under the "Low Density" alternative. Erosion & Sedimentation Control All disturbed areas resulting from the roadway improvements will be stabilized by seeding and mulching upon completion of construction activities. Vegetated buffers along the dwa will serve to mitigate any sediment laden runoff, and a minimum 30 ft. vegetated bu 1 'EiVED SEv 0 3 2008 BY: maintained between all impervious areas and surface waters. Sediment fencing will be used as necessary for any locations expected to require additional protective measures. Due to the nature of this project, these areas will be identified as construction progresses. The Construction Entrance to the project site will be on existing plant roads with no traffic to or from public roadways. �J SEP 0 3 20010 INVIST0. Sar.l Wllmin lon NC RAW TROUTM AN vm seec p� T A N N E R i/Z DEC CONSULTING ENGINEER$ Drainage Area 1 TOTAL ARF� 343 384 SF 7.9 Acres EXIST. IMPERVIOUS AREA EXIST. ROADWA 18,680 SF 0.4 Aaes PROPOSED IMPERVIOUS AREA PROPOSED ROADWAY)41,006 SF 0.9 Acres �tµi:'feH+ryaa. % lm ervious � 0. CARD( �� !Pre -development 5.4% �.` , •� Post-develo ment .• y S EAk-/' - Runoff Calculations: Design Rainfall = 1.5 inches , ' r/D E. CK1Ji vr.a.vu Rv = 0.05 + 0.009= 1 where I = % impervious O � c; For entire DAt: Rv = 0.16 infn. Volume =1.5 inch rainfall' Rv *Drainage Area Volume = 6743 cubic feet 88.1 % of Drainage Area 1 is composed of non -impervious area (vegetated areas with sandy soils). Total non -impervious area = 302,378 SF Stormwater runoff from impervious roadway will sheefflow to adjacent vegetated areas. Design Volume / Area of vegetated fitter = 6743 cu.ft. = 0.02 feet = 0.27 inches of runoff 302,378 SF Existing sandy soils are characterized as excessively drained with rapid permeability. For this reason the site was chosen for spray irrigation in the 1980's. Observed infiltration rates through spray irrigation monitoring conducted by NC State University Department of Soil Science range from 20 inchesthour to 100 inchesthour. Assuming minimum infiltration rate of 20 inchesthour, the design volume will infiltrate within 1 minute (48 seconds). Conclusion: No discharge from the site will occur as a result of this project. The 1-year 24 hour storm discharge limit is therefore not applicable in this case. In -situ soil conditions are such that stormwater runoff for the design storm volume (1.5 inches) will infiltrate into vegetated areas within minutes. T / L4e lyolu L✓Yi INVIST 5.ar.1 Wilmington, NC RAW TROUTMAN Ow �� GMy T A INN E R Oxidizer Access Road Im revem nts a/20/2008 2 Z gEC CONSULTING ENGINEERS Drainage Area 2 %< Im 160,581 SF 3.7 Acres Oec-OB-9g 02:17P Block Crouch treater L Huf 910-762-6e29 P,02 ��D�•`t-r BOOK PAGE Z ao 2485 o978 Prepared by: PREPARER RENDERS NO OPINION kip, AS TO THE STATUS OF TITLE Jeffrey P. Keeter OF THE SUBJECT PROPERTY RFCFTVFD 91ACK, CROWN, KE£T£a a Ntrrl'W", L.L.P. --� Poet Office Box 4 TAX PARCEL NO. Wilmington, North Carolina 2e4oz QPd Vdo-00 I- ppt_ dCp � t P 0 S 2008 W taanrrs CITY ac 12/15/911 $6240.00 ram piN , 000099 Estate r�"�"�"" �tsa,Tax i i � STATE OF NORTH CAROLINA _ WARRANTY I1FFD COUNTY OG NEW IIANOVER L+�` THIS DEED, made this _ day of 10o1," Mg, by and between RNA HOLDINGS, INC., a corporation incorporated under the laws of the State of Delaware, as sumessor in imerest by name change to Hoechst Celanese Corporation, which is successor in interest by merger to American Hoechst Corporation, which is a successor in interest by merger to Hoechst Fibers Incorporated, which is a successor in interest by time change to Hystron Fibers, Incorporated hereinafter referred to as GRANTOR, and, Arteva Specialties, SAirl. a CorporationSormed and existing under the laws of Luxembourg whose address is 2300 Archdale Road, Charlotte, North Carolina 28232, hereinafter referred to m GRANTEE; WIIhiLSSIEIH: THAT the said GRANTOR, for and in consideration of the sum of TEN DOLLARS (S IO.00) and other valuable considerations to it in hand paid by GRANTEE, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the said GRANTEE, its successors and assigns, the following described property lying and being in the County of New Hanover, and State of North Carolina, and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN By REPERENCE. TO HAVE AND TO HOLD the above granted and described premixes together with all and singular the rights, privileges, easement and appurtenances thercunto belonging or in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple. AND the sad GRANTOR, for itself its successors and assigns, does covenant to and with ® the said GRANTEE, its successors and assigns, that it is seized in fee of said premises and that it has rp� r 4 3� 4 7tc I - 125D DEC 06 '90 14:19 910 762 b425 MOE. 02 Dac-08-96 OZ:17P Block Crouch KaaRar• a HUf B1St76Z-642!�ZaC P.03 11 LI 2485 0979 regulations; 1998 ad valorem taxes; easements and rights of way of record and all applicable restrictive wvenents of record, and that it will, and its successors and assigns shall, WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever, subject to the exceptions contained herein. rN TESTTMONY WE EREOF, the said GRANTOR has caused this Deed to b�e7 signed in its corporate name by its V'uJ Prrsdent and attested and seal affixed by its Secretary. all with authority duty given, n of the day and year first above written. Witness h . n D� Wdncss HNA HOLDI��NI1GS, C BY: LV•� Name Printed: Tltle: VIGC P26.0 CAT R PF F tNhNe•rh� OPF,CtR. '98 0EC 15 RBI 11 29 RECORDED L VERIFIED !AAP.Y SUE OGiS 6cC!STER OF DEEDS ii,l!l C'7ER CO. IIC STATE OF NORTH CAROLINA New Hanover Cwnty lb,Fw.e.�,y a4eexee cmirw,{q er h 2 Nary (+elan°) ruNie W are e"ar b be mnast lain true � � , of )L!f 19L STATE OF 7't'rr s"a o°"• aesMer .r orw COUNTY OFAoawsrrw�««e„r I• oak ;this^!4 ILiti "*� a Notary Public of, County and State ca certile that penorreily tame before d� y and acknowledged chary she is Secretary of HNA HOIDINCrS, INC., a Delaware Corporation, and that by authority duly given and as tltyet f the rp cooration, the foregoing ustrument was signed i ds name by its _f(,. � President, sealewith its corporate seal end attested by him/her as its Secretary. Witness my hand and official stamp w seat, this yday of &i„1i>rs 1998 My Commission Expires. MARY EnnN RRENNAN N.,,, Pubbc al New Jersey My Cpmmisslon Expires April 15. 2003 DEC OR '96 14:20 910 762 6429 PAGE.03 l Oec-08-98 02:1BP Block Grouch Keever a Huf 910-762-6429 P-O! EXHIBIT "A" BOOK PAGE 2985 0980 TRACT 11: BEGINNING at the point of intersection of centerline of Hercules' 30' wide paved road (Hercules'v plant coordinate E 37+14.501 with the south edge of Hercules' 20' wide paved road (Hercules' plant coordinate N 125+06.251, said point of BEGINNING being the four (41 following described courses and distances measured from the North face of the South abutment of the highway bridge over Fishing Creek; (1) Southwardly along the eastern right-of-way line of V.S. Highway No. 421, 6096.13 feet to a concrete monument in the said eastern right-of-way line; (2) Continuing along said eastern right-of-way line S 26 degrees 19 feet E 2422.87 feet to a point; (3) N 61 degrees 41 feet E 1651.50 feet to a point; and (4) N 28 degrees 19 feet W 46.25 feet to the said point of BEGINNING; thence from said point of BEGINNING the twelve (12) following described courses and distances: (1) N 28' 19' W 201.75 feet to a point (2) N 61' 41' E 170.50 feet to a point (3) N 28' 19' W 52.00 feet to a point (4) N 61' 41' E 965.00 feet to a point (5) S 28' 19' E 285.00 feet to a point (6) S 61' 41' W 350.00 feet to a point (7) N 28' 19' W 60.00 feet to a point (0) S 61' 41' W 251.00 feet to a point (9) S 28' 19' E 80.00 feet to a point (101 S 61' 41' W 66.00 feet to a point (11) N 28' 19' W 31.25 feet to a point (12) S 61' 41' W 468.50 feet to the point of BEGINNING containing 6.49 acres, more or less. LESS AND EXCEPT the following: From the point of beginning on the aforesaid tract, N 61' 41' E a distance of 134.50'feet to the point of beginning, thence N 28' 19' W 36.75 feet to a point; thence N 61' 41' E 146 feet to a point; thence N 28' 19' W, 217 feet to a point thence N 61' 41' E, 14 feet to a point thence S 28' 19' E, 253.75 feet to a point; thence S 61' 41' W, 160 feet to the point of beginning, containing 0.20 acres, more or less. TRACT BEGINNING at a new 6" round concrete monument in the Eastern right of way line of U.S. Highway 421 (75.00 feet from the centerline) at its intersection with the centerline of a 130 foot wide high voltage power line right of way of the Carolina Power and Light Company recorded in Deed Book 528, Page 73, New Hanover County -Registry, said beginning point being located 15,060.98 feet as measured southwardly along said eastern right of way line from the Southern abutment of the concrete bridge over Fishing Creek, running thence from said beginning crossing the right of way of ® said Highway South 61 degrees 41 minutes West 150.00 to a point in CEC 06 '98 14:20 91n '/62 ra24 oars ac Oec-08-96 CZ:16P Block Crouch Keetcr a Muf 910- 62-64ZS PACE P_06 BOOK 2485 0981 the western right of way line of said Highway; thence continuing South 61 degrees 41 minutes West 737.68 feet to a point in the ® Eastern right of way line of the Atlantic Coast Line Railroad Company; thence continuing South 61 degrees al minutes West crossing said right of way 130.21 feet to a new 6" round concrete monument in the western right of way line of said Railroad, thence continuing South 61 degrees 41 minutes West 1732.39 feet to a new 6" round concrete monument in the Eastern line of the Richard A. Shaw lands; thence with said eastern line North 17 degree! 46 minutes West 9,117.84 feet to a point (last call line passing over old 6" round concrete monuments at the following distances from the beginning of said call 633.09 feet, 1,298.09 feet, 3,979.88 feet and 7,456.34 feetl; thence North 61 degrees 41 minutes East 577.99 feet to a point in the western right of way line of the Atlantic Coast Line Railroad Company, thence continuing North 61 degrees 41 minutes East 130.21 feet crossing said right of way to a point in the eastern right of way line of said railroad; thence continuing North 61 degrees 41 minutes East 228.45 feet to a point in the western right of way line of U.S. Highway 421, thence continuing North 61 degrees 41 minutes East 150.00 feet crossing said right of way to a point in the Eastern right of way line of said highway, last said point located 6,096.13 feet as measured southwardly along said eastern right of way line from the aforementioned southern abutment of the concrete bridge over Fishing Creek; thence continuing North 61 degrees 41 minutes East 4,097.27 feet to a point; thence continuing North 61 degrees 41 minutes East 2,131.23 feet to a point on the Western Bank of the Northeast Cape Fear River; thence continuing North' 61. degrees 41 minutes East to the run of the Northeast Cape Fear River; thence Southeastwardly along the run of the Northeast Cape Fear River to a point in the centerline of a 70 foot wide high voltage power line right of way of the Carolina Power and Light Company, as recorded in Book 629, Page 651; thence with said centerline of said 70 foot power line right of way South 31 degrees 05 minutes West to a 2" iron pipe in the Western Bank of said river (last said 2" iron pipe being located from the point marking the easterly terminus of the above course given as North 61 degrees 41 minutes East 2,131.23 feet by a direct calculated line at South 61 degrees 43 minutes 40 seconds ' East 4,465.21 feet); thence with the centerline of said 70 foot wide power line right of way South 31 degrees 05 minutes west 1,545.68 feet to a new 6" round concrete monument; thence South 58 degrees 55 minutes East 90.00 feet to a new 6" round concrete monument in the centerline of the said 130 foot wide high voltage power line right of way of the Carolina Power and Light Company as recorded in Book 526, page 73; thence with said centerline South 31 degrees 05 minutes West 3,139.72 feet to a new 6" round concrete monument; thence continuing with said centerline South 31 degrees 05 minutes West 5,458.90 feet to the point of beginning, containing 1,577 acres, more or less. I TOGETHER with (fl all riparian rights in and to Northeast Cape Fear River and rights to maintain, operate and extend any bulkhead and pierhead lines and facilities appurtenant to and abutting the Land; (ii) all the improvements, rights, tenements, hereditaments, privileges, easements, rights -of -way or use, licenses, reversionary interest and other appurtenances thereunto in anywise belonging or in anywise appertaining to the Land; and (iii) any other lands located within any of the property descriptions referred to above; subject, however, to the easements, rights -of -way and other instruments recorded in the records of New Hanover County, North Carolina. EXCEPTING from the foregoing tract, a parcel made up of three separate tracts and described as beginning at an iron pipe in the DEr 08 '98 14:21 910 762 6429 pa;F. na Dec-OB-96 02:19P Block Crouch Keeter a nuf 910-762-6429 P_07 BOOK PAGE 2485 0982 Western line of U. S_ Highway 421 (75 feet from the centerline), said beginning point located from the beginning point of the above - ® described 1,577 acre tract by the following courses: South 61 degrees 41 minutes West 150.00 feet crossing said highway right of way and North 28 degrees 19 minutes West 591.10 feet with said Western right of way line of said highway, said beginning being the southeastern corner of a 1.36 acre tract, conveyed to A.L. Richards running thence from said beginning with the Southern line of said 1.36 acre tract, South 64 degrees 56 minutes West 290.26 feet tb an iron pipe at the Southwestern corner of said tract and the Southeastern corner of A.L. Richards' present owned 0.32 acre tract as recorded in Book 425, Page 520; thence with the Southern line of said tract and continuing South 64 degrees 56 minutes West 68.B3 feet to an old iron pipe at the Southwestern corner of said tract and the Southeastern corner of Silas E. Sneeden's 0.72 acre tract as recorded in Book 564, Page 171; thence with the Southern line of said tract and continuing South 64 degrees 56 minutes West 149.17 feet to the Southwestern corner of said tract and the Southeastern corner of the former H. T. Richards' 0.96 acre tract as recorded in Book 520, Page 446; thence North 25 degrees 04 minutes West 209 feet to the Northwestern corner of the Silas E. Sneeden'a Tract; thence with the northern line of said tract and continuing North 64 degrees 56 minutes East 150.00 feet to the Northwestern corner of A. L. Richards' present tract; thence continuing North 64 degrees 56 minutes East 60.00 feet to the Northwestern corner of the Tract conveyed to A.L. Richards; thence with the northern line of said tract and continuing North 64 degrees 56 minutes East 276.30 feet to a point in the western line of U.S. Highway 421; thence with said Western line South 28 degrees 19 minutes East 209.26 feet to the point of beginning, containing 2.40 acres. Also less and excepting from the said tract containing 1,577 acres, more or less, the following tracts: ® TRACT 1: El BEGINNING at a point marked by a concrete monument at the intersection of the northerly boundary line of Grantor's property with the easterly boundary line of U.S. Highway 421 right of way; thence from said point of beginning 1,407 feet easterly along said northerly boundary line of Grantor's property to a point; thence at a right angle southerly 420 feet to a point; thence at a right angle westerly 660 feet to a point; thence at a right angle northerly 310 feet to a point; thence along a curve to the left, said curve having a radius of 45 feet, a distance of 70.69 feet to a point; thence westerly 702 feet to a point on the easterly boundary line of U.S. Highway 421 right of way; thence northerly 65 feet along said easterly boundary line of U.S. Highway 421 right of way to the point at BEGINNING, containing 7.49 acres, more or less. TRACT 2: Beginning at a concrete monument in the western right of way line of U.S. Highway 9421, 75.0 feet from the centerline thereof, said monument is located N 32 degrees 47 minutes 19 seconds W 175.28 feet, as measured along said right of way line, from an iron pipe at the northernmost corner of the Sneed tract as said tract is described in Book 901 at Page 809 of the New Hanover County Registry. The Sneeden tract formerly A. L. Richards tract is shown on a map for Hercules Incorporated recorded in Hap Book 8 at Page 90 of the New Hanover County Registry. Said point of beginning also has North Carolina Grid Coordinates of: x-2,309,494.60 feet, y-200,855.21 feet. Running thence from said point of beginning S 60 degrees 25 minutes 43 seconds W 124.30 feet to a concrete monument; thence S 29 degrees 34 minutes 17 seconds E 100.0 feet to DEC 08 '90 14:22 910 762 6429 PPGE.07 Dee-08-9B 02:19P Block Crouch Keeter a,Huf 910-762-6429 p pg BOOK PACE 2485 9983 a concrete monument; thence N 60 degrees 25 minutes 43 seconds E 130.0 feet to a concrete monument in the Western Highway 0421; thence with said right of way line N line of U.S. 32 degrees minutes 19 41 seconds W 100.16 feet to the point of beginning, containing 12,718 square feet and being a portion of Hercofina Company tract (formerly of Hercules Incorporated). 11 TRACT 3: ALL that property described in the Deed from Cape Industries, a North Carolina General Partnership, as Grantor to Fortron Industries, a North Carolina General Partnership, as Grantee, recorded in Rook 1659 at Page 010 of the New Hanover County Registry_ TRACT 4: All that property described in the Deed from Hoechst Celanese Polyester Intermediates, a North Carolina Joint Venturer General Partnership, as Grantor, to New Hanover County, a Political Subdivision of the State of North Carolina, as Grantee, recorded in Book 2187 at Page 111 of the New Hanover County Registry. 4 DEC 09 '98 14:22 910 762 6429 PAGE. 08 BOOK PACE 2485 0975 .L STATE OF NORTH CAROLFNC 15 R�'NND nTERMINAT ON OFOFINTEREST LEASE COUNTY OF NEW HAN• �Y�tt11YEPJ1D`0 YERIFIED is; lY SDE 001S ER Of OF B;.E 1S THIS NOTIFICATION OF MERGER OF INTEREST AND TERMINATION OF LEASE 000098 is made this 9et+day of December, 1998, by HNA Holdings, Inc., a Delaware corporation, successor by tame change to Hoechst Celanese Corporation, a Delaware corporation, a successor in interest to Hoechst Celanese Polyester Intermediates, a joint venture, which is successor by mine change to Cape Industries, a joint venture; WITNESSETH: WHEREAS, on June 28, 1985, a Certificate of Doing Business Under an Assumed Name was filed for record in the Office of the Register of Deeds of New Hanover County in Book 1293 at Page 397 by NCT Corporation and American Petrofina, Incorporated, owners of and doing business as Cape Industries; and WHEREAS, on Jute 28, 1985, Hercules Incorporated conveyed to Cape Industries a certain 6.49 acre, +/-, net of land in New Hanover County, North Carolina as described and reflected in die deed recorded in the Office of the Register of Deeds of New Hanover County in Book 1293 at Page 406; and WHEREAS, on the same day, immediately after the conveyance "Jetted to above, Cape Industries leased to Hercules, Incorporated all of the 6.49 acres +/• parcel and caused to be recorded a Memorandum of that Lease, recorded in Book 1293 at Page 410 of the New Hanover County Registry; and WHEREAS, thereafter, on December 31, 1988, Hercules Incorporated sold, transferred and conveyed to Cape Industries is Temte resin supply operations at the New Hanover County facility, including all rights, tide, and interest of or concerning the Terate resin supply business of Hercules. Incorporated, including but not limited to all right, title and interest in and to the ® Terate Resin Supply Agreement, a Memorandum of Lease for which was recorded as set forth about; and —t;zti —7teI—/z5P 1-1 2 BOOK Page 2485 0976 WHEREAS, as a result of the transfer of the said business by Hercule, Incorporated to Cape Industries, all interests and rights created by or arising from the Terate Ruin Supply Agreement, and the Memorandum of Lease, recorded in Book 1293 at Page 410 of the New • i H200VU County Registry merged with the fee simple ownership of the properties of Cape Industries and all right, title and interest created by the said Terate Resin Supply Agreement and the Memorandum of Lease recorded hereinabove terminated and expired; and WHEREAS, the successor in title to the properties of Cape Industries now desires to expressly terminate any right, title and interest created by the Memorandum of Lease referenced hereinabove, and has executed this Agreement for the purpose of terminating the Memorandum of Lease. NOW, THEREFORE, the undersigned; HNA Holdings, Inc., does hereby give notice that the Terate Resin Supply Agreement effective as of 28 June 1985 between Hercules, Incorporated and Cape Industries, a joint venture, and the Memorandum of Lease recorded in Book 1293 at Page 410 of the New Hanover County Registry and any rights or interests of Hercules, Incorporated to the property described in the Memorandum of lease, is hereby terminated and of no further force and effect. IN WITNESS WHEREOF, HNA Holdings, Inc. has caused this Notice to be executed by its Vice d T easur President anr3 a'a-e and seal afracd by its Asst. Smretary, with authority given by its Board of Directors, as of the day and year first above written. ATTEST: sine I gecretary John M. Ratami 2 HNA HOLDINGS, INC. a Delaware Corporation BY: f� / Presidents Treasurer Michael E. Cron El BOOK PAGE 2485 0977 STATE OF NEar JEAsEy COUNTY OF SOHERSET I, a Notary Public of Somerset County and State of N"-'-d4t5=•aj.T' , certify, that John N. xacani personally came before me this dfy and acknowledged that helAk=u; Assistant Secretary of HNA HOLDINGS, INC., a Delaware corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was sigrsigned in its Warne by its vi'- President, S re ur, sealwlm Its corporate seal and attested by hirnR as its A=iatant Secretary Witness my hand and official stamp or seal, this 9tb day of December 1998. My Commission Expires: WAY FAIN BRENNAN notary PUOIie al New.MM 1AYCWM* :on Ewl,"April 15.2003 STATE OF NORTH CAROLINA New Hanover County tlu Fae{oi. a Amore! Cmifa.k(,) of Nok.r (Mamie) WNz it ... a,,;rw b be emat >wm. �5 arer L9¢G IY.[i w.r s.. oat neeluer .r o..a. b, P-LlJ✓I (Ltl I r 7'.91 0 J 3 RECEIVED • 5�r u � 2008 2004094M0 FOR REGISTRATION REGISTER GF GEEDS RESECCA T. CHRISTIAN NEN HANOVER COUNTY. NC 2004 OCT 11 11:27:36 Pl1 O BK:4524 PG:366-378 FEE: $47.00 16 RlU t 1094064348 This document was prepared by and should be returned to: DeWitt A. Sullivan, Esq. Cravath, Swaine & Moore LLP 825 Eighth Avenue New York, NY 10019 New Hanover County, North Carolina Blanco Tackabery CG a o+ Combs & Matamoros, P.A. P.O. Drawer 25008 Winston-Salem, N.C. 27114.5008 THIS FIRST MODIFICATION OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT (this "First Modification") dated as of September 30, 2004, by and between INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as DWISTA S.a.r.l, LLC), having its principal office at 4123 East 37 h Street North, Wichita, Kansas 67220 ("Grantor"), FIRST AMERICAN TITLE INSURANCE COMPANY (the "Trustee") whose address is 629 Green Valley Road, Suite 212, Greensboro, NC 27408 and JPMORGAN CHASE BANK, a New York banking corporation having its principal office at 270 Park Avenue, New York, New York 10017, as agent (in such capacity, "Beneficiary') for the several banks and other financial institutions from time to time parties to the Credit Agreement (as the same may be amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement") dated as of April 30, 2004, as amended and restated as of the date hereof, among INVISTA H.V. (formerly known as KOSA B.V.), INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), INVISTA (CANADA) COMPANY (formerly known as KOSA CANADA COMPANY), KOSA UK LIMITED and ARTEVA GLOBAL HOLDINGS B.V. (along with Invista S.a r.l., Invista (Canada) Company and Kosa UK Limited, the "Borrower"), the Lenders (as defined in paragraph 3 below) and JPMorgan Chase Bank, as administrative agent (in such capacity, the "Administrative Agent') and as issuing bank (in such capacity, the `Issuing Bank') for the Lenders. . z1f flH CORD:2427199v2:4-17A:09/20/04--01:21 D11 WITNESSETH: WHEREAS, Grantor and Beneficiary are parties to that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement dated April 30, 2004 (the "Original Deed of Truse) and recorded on May 5, 2004 in Book 4307, Page 165 of the Office of the Register of Deeds of New Hanover County, North Carolina (the "Recording Office") (as amended by this First Modification, the "Deed of Trust"), which Deed of Trust encumbers certain real property located and being in New Hanover County, North Carolina and more particularly described in Exhibit "A" attached hereto and made a part hereof-, WHEREAS the Grantor, the Lenders and Beneficiary, as agent for such Lenders, are parties to the Credit Agreement; and WHEREAS the parties wish to modify the Original Deed of Trust as required by the Credit Agreement. NOW, THEREFORE, Grantor, Trustee and Beneficiary, for and in consideration of the premises and Ten Dollars ($10.00) and other good and valuable consideration, the receipt, acceptance and sufficiency whereof is hereby acknowledged, do hereby agree as follows: I . Capitalized terms used herein and not otherwise defined herein shall have the same meaning as in the Deed of Trust. 2. "Lenders' as defined in the Deed of Trust is hereby amended to mean the Lenders as defined above. 3. The first two paragraphs of the recitals of the Original Deed of Trust are hereby deleted and the following language is substituted in lieu thereof: Reference is made to (i) the Credit Agreement dated as of April 30, 2004, as amended as of June 28, 2004, and as further amended and restated as of September 30, 2004 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among INVISTA B.V. (formerly known as KOSA B.V.), INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), INVISTA (CANADA) COMPANY (formerly known as KOSA CANADA COMPANY), KOSA UK LIMITED and ARTEVA GLOBAL HOLDINGS B.V. (along with Invista S.a r.l., Invista (Canada) Company and Kosa UK Limited, the "Borrower"), the lenders from time to time party thereto (the "Lenders"), including, inter alia, Deutsche Bank AG Cayman Islands Branch and Credit Suisse First Boston, as Syndication Agents, CitiGroup Global Markets Inc. and ABN AMRO Bank N.V., as Documentation Agents, and JPMorgan Chase Bank as administrative agent (the "Administrative Agent") for the Lenders, swingline lender (the "Swingline Lender") and issuing bank (the "Issuing Bann') with respect to any letters of credit (the "Letters of Credit") issued pursuant to the terns fMCOAP:D93TIB"2:4{1YA:09/30/04--D3:91 p1l of the Credit Agreement and (ii) the Guarantee and Collateral Agreement dated as of April30, 2004 (as amended, supplemented, or otherwise modified from time to time, the "Guarantee and Collateral Agreement') among the Borrower and JPMorgan Chase Bank. Capitalized terms used but not defined herein have the meanings given to them in the Credit Agreement or the Guarantee and Collateral Agreement. In the Credit Agreement, (i) the Lenders have agreed. to make (a) term loans (the "Term Loans") and revolving loans (the "Revolving Loans") to the Borrower, (ii) the Swingline Lender has agreed to make stvingline loans (the "Swingline Loans", together with Term Loans and Revolving Loans, the "Loans") to the Borrower and (iii) the Issuing Bank has issued or agreed to issue from time to time Letters of Credit for the account of the Borrower, in each case pursuant to, upon the terms, and subject to the conditions specified in, the Credit Agreement. Amounts paid in respect of Term Loans may not be reborrowed. Subject to the terms of the Credit Agreement, Borrower may borrow, prepay and reborrow Revolving Loans. The Credit Agreement provides that the sum of the principal amount of the Loans and the Letters of Credit from time to time outstanding and secured hereby shall not exceed $1,900,000,000. 4. Except as specifically amended or modified in this Agreement, all other terms and provisions of the Original Deed of Trust remain the same. 5. The Grantor hereby represents and warrants that the Deed of Trust is in full force and effect and are valid and enforceable obligations and agreements of Grantor in accordance with the terms and provisions thereof. Grantor hereby waives, discharges and releases forever any and all existing claims, defenses and rights of set-off that Grantor may have against Beneficiary or which may affect the enforceability by Beneficiary of its security and its various rights and remedies under the Deed of Trust. 6. This First Modification may be executed in any number of duplicate originals and each such duplicate original shall be deemed to constitute but one of the same instrument. [INYC:2427769v2:4693D:09/37/06--06:06 pll IN WITNESS WHEREOF, Grantor has executed these presents on the day and year first above written. INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.a.r.l., LLC) By�\�! [Corp. Seal] Name: ')"t U oht4 V-' V ' Title: MamasJer Beneficiary agrees to the modification of the Deed of Trust as set forth in. this First Modification. JPVIORGAN CHASE BANK, a New York banking corporation, By Name: Title: Trustee joins in this First Modification to acknowledge its consent. FIRST AMERICAN TITLE INSURANCE O Cl/L By N e:ird �. QS Title: / [�t•� !;OYCORP:'i2npc;•+;fil>A:OA/.'.qn]a--OJ:I1 p!' IN WITNESS WHEREOF, Grantor has executed these presents on the day and year first above written. INVISTA S.A.R.L-(formerly known as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.a r.l., LLC) By [Corp. Seal] Name: Title: Beneficiary agrees to the modification of the Deed of Trust as set forth in this First Modification. JPMOl SE BANK, a New York b g rpor 'on, By 7I Name: Title: PETER A. DEDOUM wftw g ommm Trustee joins in this First Modification to acknowledge its consent. FIRST AMERICAN TITLE INSURANCE COMPANY By Name: Title: flxr ":342770 o2:u27n:o9/20/04--03:41 pll STATE OF V4y%,% S ) COUNTY OF S#& tat cV- 1, �- a Notary Public of the County of a State of do hereby certify that �,_ I) Manager of INVISTA S.A.R.L. (formerly known as ARTS P IALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.a.r.l., LLC), personally appeared before me this day and acknowledged the due execution of the foregoing instrument for and on behalf of said limited liability company. 2004. WITNESS my hand and official stamp or seal, this 21TAday of September, Notary Public My Commission Expires: 12;2% I2Do S` STATE OF _ COUNTY OF 1, , a Notary Public of the County of State of , do hereby certify that _ President of JPMORGAN CHASE BANK, a New York banking corporation, Personally appeared before me this day and acknowledged the due execution of the foregoing instrument for and on behalf of said corporation. 2004. WITNESS my hand and official stamp or seal, this day of September, Notary Public My Commission Expires: Ivvccav:242-,794�7:4417A:09/2C/c4--01:4: p)I F STATE OF _ COUNTY OF 1, a Notary Public of the County of State of do hereby certify that Manager of INVISTA S. .R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.a.r.l., LLC), personally appeared before me this day and acknowledged the due execution of the foregoing instrument for and on behalf of said limited liability company. 2004. WITNESS my hand and official stamp or seal, this _ day of September, Notary My Commission Expires: STATE OF k& p (� COUNTY OF New L I, -hytr s $c uu 5T a Notary Public of the Countyof State of S1CW Xtr/ do hereby certify that 17Liey �pd SCt C V'Cu �Side"t of JPMORGAN CHASE BANK, g corporation, MaNa�4 � NK, a New York banking J personally appeared before me this'day and acknowledged the due execution of the foregoing instrument for and on behalf of said corporation. 2004. WITNESS my hand and official stamp or seal, this ')A day of September, A a-'2� Notary Public My Commission Expires: DORIS SCHULDT Notary Public. State of New York No. 31.4638498 OusllHed In New York Cour+tY Commission Expires March 30, 009 f!t+=P: 2427789 2:4417A. 09/00/03--03:l1 PI1 STATE OF COUNTY OF 1, 4 G a Notary Public f the County of State of do hereby certify that l President f FIRST AMERICAN TITLE INSURANCE MIANY, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for and on behalf of said corporation. 2004. 1� WITNESS my hand and official stamp or seal, this day of Ste, M Commission Expires: 30, A29 MARY E. ZAGORSIO Notary Public, State of New York No. 30-4843545 Cluald'ied in Nassau County Commission Expires March 30, go oL ftpYM"!24277es..2:441'A'09/20/01--03:41 p11 Legal Description TRACT #l: EXHIBIT A BEGINNING at the point of intersection of centerline of Hercules' 30' wide paved road (Hercules' plant coordinate E 37+14.50) with the south edge of Hercules' 20' wide paved road (Hercules' plant coordinate N 125+06.25), said point of BEGINNING being the four (4) following described courses and distances measured from the North face of the South abutment of the highway bridge over Fishing Creek; (1) Southwardly along the eastern right-of-way line of U.S. Highway No. 421, 6096.13 feet to a concrete monument in the said eastern right-of-way line; (2) Continuing along said eastern right-of-way line S 28 degrees 19 feet E 2422.87 feet to a point; (3) N 61 degrees 41 feet E 1651.50 feet to a point; and (4) N 28 degrees 19 feet W 46.25 feet to the said point of BEGINNING; thence from said point of BEGINNING the twelve (12) following described courses and distances: (1) N 28° 19' W 201.75 feet to a point (2) N 610 41' E 170.50 feet to a point (3) N 280 19' W 52.00 feet to a point (4) N 610 41' E 965.00 feet to a point (5) S 280 19' E 285.00 feet to a point (6) S 610 41' W 350.00 feet to a point (7) N 280 19' W 80.00 feet to a point (8) S 61° 41' W 251.00 feet to a point (9) S 280 19' E 80.00 feet to a point (10) S 61 ° 41' W 66.00 feet to a point (11) N 280 19' W 31.25 feet to a point (12) S 61 ° 41' W 468.50 feet to the point of BEGINNING containing 6.49 acres, more or less. LESS AND EXCEPT the following: From the point of beginning on the aforesaid tract, N 61 ° 41' E a distance of 134.50 feet to the point of beginning, thence N 280 19' W 36.75 feet to a point; thence N 610 41' E 146 feet to a point; thence N 280 19' W, 217 feet to a point thence N 610 41' E, 14 feet to a point thence S 28' 19' E, 253.75 feet to a point; thence S 610 41' W, 160 feet to the point of beginning, containing 0.20 acres, more or less. [INYMRP'1#]]1a"2`411A:09/]0/04--03,11 pj] TRACT #2: BEGINNING at a new 6" round concrete monument in the Eastern right of way line of U.S. Highway 421 (75.00 feet from the centerline) at its intersection with the centerline of a 130 foot wide high voltage power line right of way of the Carolina Power and Light Company recorded in Deed Book 528, Page 73, New Hanover County Registry, said beginning point being located 15,060.98 feet as measured southwardly along said eastern right of way line from the Southern abutment of the concrete bridge over Fishing Creek, running thence from said beginning crossing the right of way of said Highway South 61 degrees 41 minutes West 150.00 to a point in the Western right of Way line of said Highway; thence continuing South 61 degrees 41 minutes West 737.68 feet to a point in the Eastern right of way line of the Atlantic Coast Line Railroad Company, thence continuing South 61 degrees 41 minutes West crossing said right of way 130.21 feet to a new 6" round concrete monument in the western right of way line of said Railroad, thence continuing South 61 degrees 41 minutes West 1732.39 feet to a new 6" round concrete monument in the Eastern line of the Richard A. Shew lands; thence with said eastern line North 17 degrees 48 minutes West 9,117.84 feet to a point (last call line passing over old 6" round concrete monuments at the following distances from the beginning of said call 633.09 feet, 1,298.09 feet, 3,979.88 feet and 7,456.34 feet); thence North 61 degrees 41 minutes East 577.99 feet to a point in the western right of way line of the Atlantic Coast Line Railroad Company, thence continuing North 61 degrees 41 minutes East 130.21 feet crossing said right of way to a point in the eastern right of way line of said railroad; thence continuing North 61 degrees 41 minutes East 228.45 feet to a point in the western right of way line of U.S. Highway 421, thence continuing North 61 degrees 41 minutes East 150.00 feet crossing said right of way to a point in the Eastern right of way line of said highway, Iasi said point located 6,096.13 feet as measured southwardly along said eastern right of way line from the aforementioned southern abutment of the concrete bridge over Fishing Creek; thence continuing North 61 degrees 41 minutes East 4,097.27 feet to a point; thence continuing North 61 degrees 41 minutes East 2,131.23 feet to a point on the Western Bank of the Northeast Cape Fear River, thence continuing North 61 degrees 41 minutes East to the run of the Northeast Cape Fear River, thence Southeastwardly along the run of the Northeast Cape Fear River to a point in the centerline of a 70 foot wide high voltage power line right of way of the Carolina Power and Light Company, as recorded in Book 628, Page 651; thence with said centerline of said 70 foot power line right of way South 31 degrees 05 minutes West to a 2" iron pipe in the Western Bank of said river (last said 2" iron pipe being located from the point marking the easterly terminus of the above course given as North 61 degrees 41 minutes East 2,131.23 feet by a direct calculated line at South 61 degrees 43 minutes 40 seconds East 4,465.21 feet); thence with the centerline of said 70 foot wide power line right of way South 31 degrees 05 minutes West 1,545.68 feet to a new 6" round concrete monument; thence South 58 degrees 55 minutes East 90.00 feet to a new 6" round concrete monument in the centerline of the said 130 foot wide high voltage power line right of way of the Carolina Power and Light Company as recorded in Book 528, page 73; thence with said centerline South 31 degrees 05 minutes West 3,139.72 feet to a new 6" round concrete monument thence continuing with said centerline South 31 degrees 05 minutes West 5,458.90 feet to the point of beginning, containing 1,577 acres, more or less. HQ CQ":24277992:441]A:09/20/0a--01:91 pLl TOGETHER with (i) all riparian rights in and to Northeast Cape Fear River and rights to maintain, operate and extend any bulkhead and pierhead lines and facilities appurtenant to and abutting the Land; (ii) all the improvements, rights, tenements, hereditaments, privileges, easements, rights -of -way or use, licenses, reversionary interest and other appurtenances them -unto in anywise belonging or in anywise appertaining to the Land; and (iii) any other lands located within any of the property descriptions referred to above; subject, however, to the easements, rights -of -way and other instruments recorded in the records of New Hanover County, North Carolina. EXCEPTING from the foregoing tract, a parcel made up of three separate tracts and described as beginning at an iron pipe in the Western line of U. S. Highway 421 (75 feet from the centerline), said beginning point located from the beginning point of the above -described 1,577 acre tract by the following courses: South 61 degrees 41 minutes West 150.00 feet crossing said highway right of way and North 28 degrees 19 minutes West 591. 10 feet with said western right of way line of said highway, said beginning being the southeastern comer of a 1.36 acre tract, conveyed to A.L. Richards running thence from said beginning with the Southern line of said 1.36 acre tract, South 64 degrees 56 minutes West 290.26 feet to an iron pipe at the Southwestern comer of said tract and the Southeastern comer of A. L. Richards' present owned 0.32 acre tract as recorded in Book 425, Page 520; thence with the Southern line of said tract and continuing South 64 degrees 56 minutes West 68.83 feet to an old iron pipe at the Southwestern comer of said tract and the Southeastern comer of Silas E. Sneeden's 0.72 acre tract as recorded in Book 564, Page 171; thence with the Southern line of said tract and continuing South 64 degrees 56 minutes West 149.17 feet to the Southwestern corner of said tract and the Southeastern corner of the former H. T. Richards' 0.96 acre tract as recorded in Book 520, Page 446; thence North 25 degrees 04 minutes West 209 feet to the Northwestern comer of the Silas E. Sneeden's Tract; thence with the northern line of said tract and continuing North 64 degrees 56 minutes East 150.00 feet to the Northwestern comer of A. L. Richards' present tract; thence continuing North 64 degrees 56 minutes East 68.00 feet to the Northwestern comer of the Tract conveyed to A. L. Richards; thence with the northern line of said tract and continuing North 64 degrees 56 minutes East 278.30 feet to a point in the western line of U.S. Highway 421; thence with said Western line South 28 degrees 19 minutes East 209.26 feet to the point of beginning, containing 2.40 acres. Also less and excepting from the said tract containing 1,577 acres, more or less, the following tracts: TRACT l: BEGINNING at a point marked by a concrete monument at the intersection of the northerly boundary line of Grantor's property with the easterly boundary line of U.S. Highway 421 right of way; thence from said point of beginning 1,407 feet easterly along said northerly boundary line of Grantor's property to a point; thence at a right angle southerly 420 feet to a point; thence at a right angle westerly 660 feet to a point; thence at a right angle northerly 310 feet to a point; thence along a curve to the left, said curve having a radius of 45 feet, a distance of 70.69 feet to a point; thence westerly 702 feet to C t"Y RP: 242178 aQ:4u 71: 09/20/04--03.41 911 a point on the easterly boundary line of U.S. Highway 421 right of way; thence northerly 65 feet along said easterly boundary line of U.S. Highway 421 right of way to the point at BEGINNING, containing 7.49 acres, more or less. TRACT 2: Beginning at a concrete monument in the western righl of way line of U.S. Highway #421, 75.0 feet from the centerline thereof, said monument is located N 32 degrees 47 minutes 19 seconds W 175.28 feet, as measured along said right of way line, from an iron pipe at the northernmost comer of the Sneed tract as said tract is described in Book 901 at Page 809 of the New Hanover County Registry. The Sneeden tract formerly A. L. Richards tract is shown on a map for Hercules Incorporated recorded in Map Book 8 at Page 90 of the New Hanover County Registry. Said point of beginning also has North Carolina Grid Coordinates of. x = 2,309,494.60 feet, y = 200,855.21 feet. Running thence from said point of beginning S 60 degrees 25 minutes 43 seconds W 124.38 feet to a concrete monument, thence S 29 degrees 34 minutes 17 seconds E 100.0 feet to a concrete monument; thence N 60 degrees 25 minutes 43 seconds E 130.0 feet to a concrete monument in the western line of U.S. Highway #421; thence with said right of way line N 32 degrees 47 minutes 19 seconds W 100.16 feet to the point of beginning, containing 12,718 square feet and being a portion of Hercofina Company tract (formerly of Hercules Incorporated). TRACT 3: ALL that property described in the Deed from Cape Industries, a North Carolina General Partnership, as Grantor to Fortron Industries, a North Carolina General Partnership, as Grantee, recorded in Book 1659 at Page 810 of the New Hanover County Registry. TRACT 4: All that property described in the Deed from Hoechst Celanese Polyester Intermediates, a North Carolina Joint Venture General Partnership, as Grantor, to New Hanover County, a Political Subdivision of the State of North Carolina, as Grantee, recorded in Book 2187 at Page 1 I 1 of the New Hanover County Registry. ((WCO":2427Ie T2:4417A:09/20/04--01:41 D11 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book: Document No.: Recorder: WILMINGTON, NC 28401- 10/11/20041 V27:36 AM RE 4524 Page: 36"78 2004054340 MOD AGMT 13 PGS $47.00 JACQUELINE NELSON State of North Carolina, County of New Hanover The foregoing certificate of JOYCE PIERCE, DORIS SCHULDT , MARY E ZAGORSKI Notaries are certified to be correct. This 11TH of October 2004 YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2004054340* 2004054340 STATE OF Alogni C44,�4/o ) COUNTY OF Gm✓a,tD ) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: /Q,,,u Zr Ra uv�- name(s) of principal(s) Date: S+wuo¢v jo too6 (official signature of Notary) /'„ecy N /✓ow..,a� Notary Public (Notary's printed or typed name) (Official Seal) My Commission Expires: , ,,&,,a r og 2,,, O Noboyp cm.*, a aurae 5 VA/1010 (tNy-OAP:25'L43011:44513:01/12/J6-11:54 a;) Site 24 EXHIBIT A Lying and being in New Hanover County, North Carolina, and being more partiaussaly desc r d as follows: Parcel 1: BEGINNING at the point of intersection of oeataline of Hercules 30' wide paved toad (Hercules' plant coordf 37+ 14.50) with the south edge of Hercules' 20' wide paved road (Hercules' plant ate N 125+06.25), said pc BEGINNING the four (4) following described coarsas and distances measured from the North face of the S abutment of the way bridge over Fishing Creek-, 1)Sottthwardly along the eastern right of way line of US Highest 421, 6096.13 fedtoga �e �t the said eastern � �eooff way. line; 2 along said eastern HSW EffimmagsM W 46.15 foci the aaM point of BHGII3IVIfIG• t�enee4from said �t of HEGINNIN� the 4twelwbed oauaes and distances: I)N 28 19' W 2p1.73 Feet m a pomr 2)N 6l 41' E 170.50 feu ro a2.00 faitppto�omat�,point; 4)N 61 41' H 965p.0o0mtfee1t1t�)ol�1a S)S 2g� 19' E ZgS.� fed torya�,p9m�S�2g 61ee point of BECi1IIVNINC�con�Wn�ing 6.49 axes, more,ImW 31 ��fxc�oo a�pommta; �i I2)s 61 419'V LESS AND ppoEXCEPT the f�olloowing:From the y�� thence N 28 19' Wint of -36.75� two ap thresaid en e N 611411 E 146 ' E a distance pow dmcce N 229 fed to the point 9 W 217fed to a poi t thence N 61 41' E 14 fed to a point; thence S 28 19' E 253.75 feet to a point; thence S 61 41' W 160 fed to the beginning, containing 0.26 acres, more or less. Parcel 2: BEGINNING at a new 6" round concrete monument in the E centerline) at its intetaecuon with the centerline of a 130 6 Carolina Power and Light Company receded m Dad Book being located 15,060.98 fat as measured Soathwacdly along the concrete bridge over Fisbjmg Creel; running thence from 61 degrees 41 mmtmes W 150.00 to a point m the Western degrees 41 tminutes hence W 737.6861edde�meaaa point in the Eanc monument in the we tem crod ri of way line o4flsaid rtailmsd a a new 6" round concrete momiment in the Eastern tine of the eastern line N 17 degrees 48 mimrtm W 9,117.84 feet to a monuments at the following distances from the beghtninx o 7,456.34 feet); thence N 61 degrees 41 mium 5 95 Atlantic Coast lane Railroad CoVw tbmoe coming N way to a point m the eastern right of way lime of ald t f to a point in the westernright of w HishwaY line of US feet crossing said right of way to a in the Eastetn 6,096.13 red as measured along said eastern tialu the concrete btidae over Fishlnt Creek: thence oantmuiaa along the no of Itlit right of way of the C said 70 foot power. said 2' trou pi degrees 41 minutes E theme with the cent new 6" round ooncre ce merline of the sal recorded in Book Y concrete monument; beginning. containing acres, a err at xS or at to the tan to a twin in i to a pot xemntla •thence ay line c � 4 m the w to Northi of way, iegrm1 degrees line of v 130.21 fed to a n 6 de� 41 minute lands n� or formers p�smg ef- , 1 298.09 o3, lbe western right of a "esE 130.21N 61 degrees4f� Ming N 61 _degrees 41 E (12) 421 (75.00 fed from the way of the udxia alxubeginning point Of a�aRailroadS 1 S Line w 6" round concrete i W 1732.39 fxt to y�said concrete 979.88 feet and 'aP line of the xft said of urea Esau 228.445t ituui E 150.00 hK athem abutment of to v toot wwe mgm vettt� power tine Page 651 • thence with acid centerline of in tax 'Western Bank of said riot r a of the above course given as N 61 minotea 40 saa-s E a,46S.21 fat); rem 05 mitmtes W 1,345.68 f to a o a new 6' round concrete monument in the Carolina m Power nd tneriw.1n fro av6an md immes W 5,458.90 fed to the point of Lying and being in New Hanover County, North Carolina, and being mom particulxiy described as follower: TOGEMIM WfrH (n all riparian rights in and to Northeast Cape Fear Riva and rights to maintain operate and extend any tbulltheW enements, and pr�ad Imes and Pacr7t'tim apparteasnt to and sbottmg the land; (a) all the improvements, rights prrvi W easemmb aghb of way or use, Homses, revesmonary inreraa and other located withirt say f the property eianywise ipd os w above hovreva too the the Land. and , r igghts oamy ff way�and Instruments recorded in the record of Hanova Countv`�csm i EXCEPTING from the tract, a ys�1 made cep of three tracts anddescribedd¢escribbeed as at an iron pipe in the point of the abo de at'Y 377 acre tract f ct bfe� othaemagtenaifne), "dI ��fea a mung said hbi�ghway right of wwaayy and R 28 degrees 19 mimuea W 591.10 fast with said -Western n' t of way line of said way, said begimiag the Southern the line of said 36 arm tract. S 64 degrees 56 mingles W 290.26 feet to in huts Pipe at the Soothweatan corer of said tract and the Southeastern coma of A. L Richards' present owned 0.32 acre tract as recorded in Bock 425 Page 520• thence with the Southern line of said tract and S 64 degrees 56 minute W 68.83 fat to an old {con pipe it the Southwestern coma of said tract and then corner of Sons E. Sneeden'oondmuing S degrees acre aimW 149.117factt to died in Book �;Twg ;6a of W tt�arx SoutheaSouthem Hoe of stern cow of the formes North Richards' coma of the Silas =a tract E his tract; Book s�cace wl� they northern line of"saldichards' am ttrrraact and co N 64 � dam 5566 mia na E 69.000f1M ro tto he Northwestern Nordrwastem comer of & tract to A. L. Richards; thence wt'tb the northern Here of said tract and tno�a N 64 d 56 mineDes E 278.30 feet to a point in the Westam. line of US I23iahwav 421; thence with said Western line S 28 19 minutes E 209.26 feet to the point of beginning, containing d0 ' v Also less and excepting firm the said tract containing 1.577 acres, more or less, the following tracts: Parcel 2, Subtract A: BEGINNING st a point marked by a concrete monument at the intersection of the northerly may, line of 'Grantor's' rot(to•hGeanrpencoetintofrt;a' tmahsenpsceraeid stBpaaodrintigraiucoofatndbgeedlegiisonnouBitnohgoert1ly2,440482'750 ,fefPeeategteeate s9s7aer8l)Y waliothntgitheaeoace�eaaaattaoraltyhriaig�>•hiyut abadou®ydlwainmyt tloaiaflyOos6f6H•0Cirbg'rehaeat wmr'4s2• 1 tight thesrce at a rift sngk mrthaly 310 fat m a pp��, thence a anva to the kR, said cave a tadiaa of 45 beet. a �iatrao�cet oof� 70.69 feet to a t]unce waaa�tar¢ly fat W a point on the of f way w thepoim rt BBGINNINd 7 �, more orleaay of US �21 rigbt Lying and being in New Hanover C uty, North Carolina, and bans more particularly described as follows: Parcel 2, Subtract B: BEGINNING at a concrete t rompne _ 1n the weaNa right � ofHig of way. !J hway 421, 75.0 feet from the -- -,.1 at the is deacnt arch tract centerline of way Nort5 Carolina CrrM Coordio0:00 Eat no Yu x=Z 309 494 60 beet. 'y—'WTII wee &o aai?po 0 S 60 25 mimrtee 43 swoods W 124.38 fat to a concrete m®ment; thence S 19 34 ormotes 17 seoonda B 100.0 feet ao a concrete maouammt; t>rma N 60 degraa 23 mttnaa 43 seconds E 130.0 fat to aconcrete monument in the Woman line of 11S 421, thence with said right of way lire N 32 degrees 47 mituxtes 19 seconds W 100.16 feet to the point of beginning. 12,718 equate fea and being a portion of Her6ofina Company tract, now or formerly (formerly of Haailea Parcel 2, Subtract C: ALL that Carolina � Dad from Cape b doatries, a North Carolim Geraal ship as Grantor to Forum a NorthGeneral Partnership. as Grantee, recorded 'm Boat 1659, 810 of the New Hanover Cowry Registry. Parcel 2, Subtract D: ALL that described in the Dad from Hoechst Celow P.*esra Intam�tes -a North Carolina Joint Venter Grantee, HotooGrantor to t 2 isage 11 Neaw HanoverCa Slebdivls[oa of tie State of North Carolina, as TtoQuy. SAVE AND EXCEPT property conveyed in Deeds recorded in Boot 4369, Page 577, Boot 4668, Page 409, Boot 4764. Page 696, Book 4930, Page 561 and Boot 4940, Page 2886 New Hanover County. REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Flied For Reglatratlon: 011271200610:47:06 AM Book: RE 4970 Page: 2742-2753 Document No.: 2006004841 MODIF DR 12 PGS $44.00 Recorder: NELSON, JACOUELINE State of North Carollna, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. IF1.1� 2006004841 1: A RECF1fVED SEP 0 3 2008 POWER OF ATTORNEY BY: INVISTA S.3 H. This Power of Attorney is granted effective July 22. 2008 (the "Effective Date") on behalf of INVISTA S.a r.l., a snciete Ii responsahilite limitee, incorporated tinder the laws of Luxembourg, with an office at 23 Val Fleuri, L-1526 Luxxembourg (the "Company"). This Power of Attorney is intended to replace the Power of Attorney dated January 5. 2007. Now, therefore, the undersigned Managers hereby grant this Power of Attorney on behalf of the Company to WILLIAM KING (the "Grantee"), an employee of a subsidiary of the Company's indirect parent. INVISTA B.V. (the "Parent"): Grantee shall have the authority to, in the name of and on behalf of the Company: Sign permit applications, pennits and certain other documents related to environmental matters at the Company's Wilmington Terminal (formerly FHR Terminal) and Wilmington, North Carolina facility; and Sign, certify, acknowledge, deliver and execute any and all appropriate Environmental Approvals (as hereinafter defined), applications or requests for Environmental Approvals, and other Environmental Documents (as hereinafter defined), necessary or appropriate for the operation of the Site: and Execute and file all documents and instruments in the name of the Company as necessary, advisable or proper to carry out the intent and accomplish the purposes of the foregoing, including any and all applications, notices and other filings as may be required by any administrative or regulatory authorities; and Take any and all such further actions and to execute, acknowledge and deliver in the name of and on behalf of the Company, all other documents and instruments, and do and perform any and all such further acts and deeds necessary, advisable or proper in order fully to carry out the intent and accomplish the purposes of this Power of Attorney. "Environmental Approvals" means any and all permits, approvals, authorization certificates, licenses, variances, filings and permissions required by or from any governmental authority pursuant to any Environmental Law (as hereinafter defined): and "Environmental Documents" means any and all Environmental Approvals, applications for Environmental Approvals, reports, plans, and other documents required by or to be submitted to any governmental authority pursuant to any Environmental Law; and "Environmental Laws" means all federal, state. local and foreign laws, statutes, codes, ordinances, rules, regulations and other requirements, all judicial or administrative decisions. and all orders, judgments, awards, and decrees, issued, promulgated, approved or entered relating to environmental matters, the protection of the environment or the protection of public health and safety from environmental concerns, including but not limited to the Clean Air Act (42 U.S.C. §§ 7401 et seq.), the Resource Conversation and Recovery Act (42 U.S.C. §§ 6901 et seq.). the Clean Water Act (33 U.S.C. §§ 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. §§ 140 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. App. §§ 1801 et seq.), the Oil Pollution Control Act of 1990 (33 U.S.C. §§ 2701 et. seq.), the Toxic Substances Control Act (15 U.S.C. §§ 2601 et. seq.). the Federal Insecticide. Fungicide, and Rodenticide Act (7 U.S.C. §§ 136 et. seq.) the Comprehensive Environmental Response. Compensation, and Liability Act (42 U.S.C. §§ 9601 et. seq.), the Emergency Planning and Community Right -To -Know Act (42 U.S.C. §§ 11001 et seq.) and all analogous or similar state statutes. The Company hereby ratifies and confirms anything the Grantee shall do or lawfully declares to do by virtue of this Power of Attorney. This Power of Attorney shall become effective from the Effective Date and remain in full force and effect until the earlier of: (1) July 31, 2011: (2) revocation of this Power of Attomey: or (3) the date of which Grantee is no longer an employee of any subsidiary of the Parent. In witness whereof, the Company has caused this Power of Attorney to be executed in its name and on its behalf by the undersigned. Dated this .23 day of July, 2008 INVISTA S.a r.l. By: — Craig 4. Munson. Manager By:��_ _ L. Voncannon. Manager nlr,nlann n1 r nTVT.4TON OF WATER (DUALITY Southerly Industrial Constructors, Inc. DATE INVOICE NO DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 9-05-08 20080905 PERMITS 2000.00 .00 2000.00 CHECK - OSx 08' ""N ;CHEC' K 66747 '= TOTAL*2000,a BATE.:..' ;9 MBER% t! x„s Southern Industrial Constructors, Inc. 6101 Triangle Drive Raleigh, NC 27617 919-782-4600 INU UN Will 1 t YHI RBC Centura Raleigh, NC 27612 DATE CHECK NO September 5, 2008 66747 Pay:*******""******"`*****"`***********Two thousand dollars and no cents PAY N C DIVISION OF WATER QUALITY TO THE 127 CARDINAL DRIVE EXT ORDER OF. WILMINGTON,NC 28405 J�/.cs�0 �U t`iZ/ ��✓vi.�iF ��4;��zs-v II. SEP 0 8 2008 B: 66-85 531 AMOUNT $******2,000.00 =SEP C R I S E R TROUTMAN T A N N E RTRANSMITTAL LETTER- - -- - - - - TO: FROM: MARY JEAN NAUGLE Rob Walker, El COMPANY: DATE: NCDENR - Stormwater September 5, 2008 ADDRESS: CTT'S PROJECT NUMBER: 127 Cardinal Drive Extension 6066 Wilmington, NC 28405 PHONE NUMBER: CLIENT'S REFERENCE NUMBER: 910-796-7215 RE: INVISTA Oxidizer Roadway Improvements WETRANSMIT: []ATTACHED ❑UNDER SEPARATECOVER ❑HAND CARRIED BY ❑UPS/FEDEX THEFOLLOWING: ❑ TRACINGS ❑ PRINTS ❑ INSPECTION REPORT ❑ SHOP DRAWINGS ❑ SPECIFMHTIONS ❑ OTHER COPIES DATE SHEET NO. DESCRIPTION REMARKS 2 COPIES 9-2-08; 9-4-08 CO, C1, C2, C3 PLANS (REVISED) NOTES/COMMENTS: MaryJean, Please let us know if you have any questions or need any additional ••E CTT File (one copy of all) CRISER TROUTMAN TANNER CONSULTING ENGINEERS WILMINOTON. NC - RALEIGH, NC P.O. Box 3727 Wilmington, NC 28406 1 3809 Peachtree Ave. Suite 102 Wllmingten, NC 28403 p 910397.2929 t910,397.2971 cttengineering.com C RISE R TROUTMAN TANNER TRANSMITTAL LETTER TO: FROM: MARY JEAN NAUGLE Rob Walker, El COMPANY: NCDENR - Stormwater DATE: September 3, 2008 ADDRESS: CTT'S PROJECT NUMBER: 127 Cardinal Drive Extension 6066 Wilmington, NC 28405 PNONE NUMBER: CLIENT'S REFERENCE NUMBER: 910-796-7215 n RE: a INVISTA Oxidizer Roadway Improvements WE TRANSMIT: ❑ ATTACHED ❑ UNDER SEPARATE COVER ❑ HAND CARRIED 13Y ❑ UPS/FEDEX THEFOLLOWING: ❑ TRACINGS ❑ PRINTS ❑ INSPECTION REPORT ❑ SHOPDRAWINGS ❑ SPECIFICATIONS ❑ OTHER COPIES DATE SHEET NO. DESCRIPTION REMARKS CK#i $4,000 EXPRESS PERMIT FEE (CAMA+ 1 ORIG 8-12-08 0600500306 STORMWATER) ONE ORIG NARRATIVE, APPLICATION, CALCULATIONS, DEED & APPLICATION 1 COPY 9-2-08 OWNERSHIP INFORMATION & ONE COPY 1 COPY 9-2-08 CO, CC13, C2' PLANS NOTES/COMMENTS: MaryJean, Please let us know if you have any questions or need any additional information. Thanks! •.. CTT File (one copy of all) CRISER TROUTMAN TANNER CONSULTING ENGINEERS WILMINGTON, NC RALEIGH. NC P0. Box 3727 Wilmington, NC 28406 1 3809 Peachtree Ave. Suite 102 Wilmington, NC 28403 a 910.397.2929 t 910,397 2971 cttengineering.com For DENR Use ONLY North Carolina Department of Environment and Re°'ewer_ l )IJ GRA Natural Resources Submit 5-3 wed �C®E�� Request for Express Permit Review Time: 9 Confirm. FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. FAX or Email the completed form to Express Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application package of the project location. Please include this form in the application package. • Asheville Region -Alison Davidson 828.2964698;alison.davidson@ncmail.net • Fayetteville or Raleigh Region -David Lee 919-7914203; david.lee@ncmail.net • Mooresville & -Patrick Grogan 704-663-3772 or vatrick.wogan@ncmail.net • Washington Region -Lyn Hardison 252-946.9215 or lyn.hardison®ncmail.net • Wilmington Region -Janet Russell910-350.2004 or lanet.russell®ncmail.net NOTE: Project application received after 12 noon will be stamped in the following work day. 10 or \0,•36 J so'm Project Name: INVISTA OXIDIZER ACCESS ROAD IMPROVEMENTS County: NEW HANOVER Applicant: WILLIAM M. KING Company: INVISTA S.AR.L., LLC Address: 4600 US HIGHWAY 421 N City: WILMINGTON, State: NC Zip: 28480- Phone: 910-341-5500 Fax::910-341-3131 Email: bill.kinp@invista.com Physical Location:4600 US HIGHWAY 421 N, WILMINGTON, NC 28402 Project Drains into C SW waters - Water classification _ (for classification see-http://h2o.enr.state.nc.usibims/reports/reportsWB.html) Project Located in CAPE FEAR River Basin. Is project draining to class ORW waters? N , within Yz mile and draining to class SA waters N or within 1 mile and draining to class HOW waters? N d rC F..t V E ,i., Engineer/Consultant: ROBERT A. WALKER Company: CRISER TROUTMAN TANNER Address: 3809 PEACHTREE AVE. City: WILMINGTON, State: NC Zip: 28403-_ AUG 2 2 2008 Phone: 910-397-2929 Fax::910-397-2971 Email: rwalker@cttengineerino.com (Check all that apply) DWO oonio ❑ Scoping Meeting ONLY ❑ DWO, ❑ DCM, ❑ DLR, ❑ OTHER: ❑ Stream Origin Determination: # of stream calls - Please attach TOPO map marking the areas in questions ® State Stormwater/ ® General ❑ SFR, ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ® Low Density ❑ Low Density -Curb & Gutter _ It Curb Outlet Swales ❑ Off -site [SW _ (Provide permit #)] ❑ High Density -Detention Pond _ # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density-Stormwater Wetlands _ # Treatment Systems ❑ High Density -Other _ # Treatment Systems /❑ MODIFICATION: ❑ Major ❑ Minor ❑ Revision SW ® Coastal Management'/ ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ® Upland Development ❑ Marina Development ❑ Urban Waterfront ® Land Quality ® Erosion and Sedimentation Control Plan with 3_0 acres to be disturbed.(CK # (for DENR use)) WETLANDS QUESTIONS MUST BE ADDRESSED BELOW C----> l-ac.F'r ( Q roc-, V- n.frN ® Wetlands (401): Check all that apply Wetlands on Site ❑ Yes N No Wetlands Delineation has been completed: ❑ Yes ❑ No US ACOE Approval of Delineation completed: ❑ Yes ❑ No 404 Application in Process w/ US ACOE: ❑ Yes ❑ No Permit Received from US ACOE ❑ Yes ❑ No Fee Split for multiple permits: (Check# Isolated wetland on Property ❑ Yes ❑ No Buffer Impacts: ❑ No ❑ YES: _acre(s) Minor Variance: ❑ No ❑ YES Major General Variance ❑ No ❑ YES 401 Application required: ❑Yes ❑ No If YES, ❑ Regular Perennial, Blue line stream, etc on site ❑ yes ❑ No For DENR use only Total Fee Amount S SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA $ Variance Ma'; Min $ SW ❑ HD, ❑ LID, ElGen $ 401: $ LOS $ Stream Deter,_ $ C"Opic.C! t-D JAS�T\ NCDENR EXPRESS July 2008 RE.' Invista Stormwater Subject: RE: Invista Stormwater From: "Robert Walker" <rwalker@cttengineering.com> Date: Fri, 22 Aug 2008 12:07:00 -0400 To: "Janet Russell" <Janet.Russel l@ncmai1.net> CC: "Bailey, Elizabeth" <Elizabeth.Bailey@invista.com>, "Mary Jean Naugle" <Mary.Naugle@ncmai I.net> Janet: Please find attached Express Permit Request, Site Plans (with vicinity map), and Stormwater Narrative for your use. Should these documents be acceptable to you, we would like to schedule an Express submittal meeting for Wednesday, September 3rd. Thank you, Rob Walker -----Original Message ----- From: Janet Russell tmailto:Janet.Russell@ncmail.net] Sent: Friday, August 22, 2008 11:17 AM To: Mary Jean Naugle Cc: Robert Walker; Bailey, Elizabeth Subject: Re: Invista Stormwater In the Express Program, an Express Request Request, site plan, vicinity map and stormwater narrative must be submitted to the Express Coordinator to get scheduled for a scoping meeting or a project submittal. Please submit these items so that we can get your project scheduled through Express. Project submittal meetings are scheduled and made in person with the applicant present. Thanks, Janet Russell Mary Jean Naugle wrote: I Rob Please contact Janet Russel for a submittal date on the Invista Road application. Tues or Wed 9/2 or 3 will be fine about 9 a.m. Janet's number is 910-796-7421. Elizabeth, i have been out and have meetings this morning. i will call you late morning to discuss your questions. thank you Mary Jean 796-7303 i Invista_ REQUEST FOR Content -Description: EXPRESS 08.22.08.pdf Invista_REQUEST FOR EXPRESS 08.22.08.pdt Content -Type: application/octet-stream Content -Encoding: base64 DENR Stormwater Cover Narrative 8.22.08.pdf I Content -Description: 6066 DENR I of 8/22/2008 12:14 PM RE: Invista Stormwater Stormwater Cover_ Narrative 8.22.08.pdf Content -Type: application/octet-stream Content -Encoding: base64 Content -Description: CO.PDF FCO.PDF Content -Type: application/octet-stream Content -Encoding: base64 Content -Description: CI.PDF I [CI.PDF Content -Type: application/octet-stream Content -Encoding: base64 — Content -Description: C2.PDF C2.PDF Content -Type: application/octet-stream Content -Encoding: base64 Content -Description: C3.PDF C3.PDF Content -Type: application/octet-stream Content -Encoding: base64 2 of 2 8/22/2008 12:14 PM R@ Express Subject: RE: Express From: "Robert Walker" <rwalker@cttengineering.com> Date: Fri, 22 Aug 2008 12:56:04 -0400 To: "Janet Russell" <Janet.Russell@ncmai 1. net> Janet: Confirmed that we are intending to submit concurrently for a CAMA Major Permit through the CAMA Express Program. If you could try and coordinate with Jason Dail for the Sept. 3rd meeting that would be fabulous. The Erosion Control Permit will actually be handled through New Hanover County. I checked the box just to let you know that we will be applying for a permit, but I don't think it will be necessary for Carol Miller to attend the meeting. Thanks! •.. -----Original Message ----- From: Janet Russell[mailto:Janet.Russell@ncmail.net] Sent: Friday, August 22, 2008 12:31 PM To: Robert Walker Subject: Express Rob: On your Express Request you have marked erosion control and coastal management for an Express submittal. Please verify that you're looking to submit your applications for these other 2 programs through Express also. If so, do you want to try and meet with Carol Miller and Jason Dail on Sept. 3rd while you're in the office? I'll need to coordinate with them. Janet I of 1 8/22/2008 1:29 PM 20OW4841 FOR REGISTRATION REGISTER OF DEEDS NEW MVIERPCOU„NITH NC 2006 JAN 27 10.47: 6 PA BK:4970 PG:2142-2763 FEE $44.00 14TMW 610f36Q04841 '1`ltis document was prepared by Janet L. Lewis, Esq. Cravath, Swaine & Moore LLP 825 Eighth Avenue New York, NY 10019 New Hanover County, North Carolina tStq Fuca Ta.tr.5ae,7 Pn Dra....rr 2St+v6 w:nf •ten- S�lsr� T.JG Zl1(4 SEP 0 3 2008 THIS SECOND MODIFICATION OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT (this "Second Modification") dated as of January 17, 2006, by and between INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.ar.l., LLC), having its principal office at 4123 East 37" Street North, Wichita, Kansas 67220 ("Grantor"), FIRST AMERICAN TITLE INSURANCE COMPANY (the "Trustee") whose address is 629 Green Valley Road, Suite 212, Greensboro, NC 27409 and JPMORGAN CHASE BANK, N.A. (f/k/a JPMorgan Chase Bank), a national banking association having its principal office at 270 Park Avenue, New York, New York 10017, as agent (in such capacity, `Beneficiary") for the several banks and other financial institutions from time to time parties to the Credit Agreement (as the same may be amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement") dated as of April 30, 2004, as amended and restated as of September 30, 2004, and as further amended as of January 17, 2006, among INVISTA B.V. (formerly known as KOSA B.V.), INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), INVISTA (CANADA) COMPANY (formerly known as KOSA CANADA COMPANY), KOSA UK LIMITED and ARTEVA GLOBAL HOLDINGS B.V. (along with Invista SALr.l., Invista (Canada) Company and Kosa UK Limited, the "Borrawer"), the Lenders (as defined in paragraph 2 below) and JPMorgan Chase Bank, N.A. (f/k/a JPMorgan Chase Bank), as administrative agent (in such capacity, the "Administrative Agent") and as issuing bank (in such capacity, the "Issuing Bank") for the Lenders. f(SYCORP:2571430v1:4451B:01/12/0E--12:02 P)j Site 24 WITNESSETH: WHEREAS, Grantor and Beneficiary are parties to that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement dated April 30, 2004 (the "Original Deed of Trust') and recorded on May 5, 2004 in Book 4307, Page 165 of the Office of the Register of Deeds of New Hanover County, North Carolina (the "Recording Office"), as amended by that certain First Deed of Trust Modification Agreement dated as of September 30, 2004 and recorded in Book 4524, Page 366 in the Recording Office and as further amended by Deed of Release dated October 12, 2005 and recorded on November 1, 2005 in Book 4930, Page 568 (as amended by this Second Modification, the "Deed of Trust'), which Deed of Trust encumbers certain real property located and being in New Hanover County, North Carolina and more particularly described in Exhibit "A" attached hereto and made a part hereof; WHEREAS the Grantor, the Lenders and Beneficiary, as agent for such Lenders, are parties to the Credit Agreement; and WHEREAS the parties wish to modify the Original Deed of Trust as required by the Credit Agreement. NOW, THEREFORE, Grantor, Trustee and Beneficiary, for and in consideration of the premises and Ten Dollars (S10.00) and other good and valuable consideration, the receipt, acceptance and sufficiency whereof is hereby acknowledged, do hereby agree as follows: 1. Capitalized terms used herein and not otherwise defined herein shall have the same meaning as in the Deed of Trust. 2. "Lenders" as defined in the Deed of Trust is hereby amended to mean the Lenders as defined above. 3. The first two paragraphs of the recitals of the Original Deed of Trust are hereby deleted and the following language is substituted in lieu thereof: Reference is made to (i) the Credit Agreement dated as of April 30, 2004, as amended as of June 28, 2004, as further amended and restated as of September 30, 2004 and as further amended and restated as of January 17, 2006 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among INVISTA B.V. (formerly known as KOSA B.V.), INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), INVISTA (CANADA) COMPANY (formerly known as KOSA CANADA COMPANY), KOSA UK LIMITED and ARTEVA GLOBAL HOLDINGS B.V. (along with Invista S.Lr.l., Invista (Canada) Company and Kosa UK Limited, the "Borrower"), the lenders from time to time party thereto (the "Lenders"), including, inter alia, Deutsche Bank AG Cayman Islands Branch and Credit Suisse First Boston, as Syndication Agents, CitiGroup Global Markets Inc. and ABN •.f"YCORP:2571439v1:4457B:0:/L2/C6--il:57 a)j Site 24 AMRO Bank N.V., as Documentation Agents, and JPMorgan Chase Bank, N.A. (f/k/a JPMorgan Chase Bank), as administrative agent (the "Administrative Agent") for the Lenders, swingline lender (the "Swingline Lender") and issuing bank (the "Issuing Bank") with respect to any letters of credit (the "Letters of Credit) issued pursuant to the terms of the Credit Agreement and (ii) the Guarantee and Collateral Agreement dated as of April 30, 2004 (as amended, supplemented, or otherwise modified from time to time, the "Guarantee and Collateral Agreement') among the Borrower, the subsidiaries of INVISTAB.V. (f/k/a KOSAB.V.), party thereto and JPMorgan Chase Bank, N.A. (f/k/a JPMorgan Chase Bank). Capitalized terms used but not defined herein have the meanings given to them in the Credit Agreement or the Guarantee and Collateral Agreement. In the Credit Agreement, (i) the Lenders have agreed to make (a) term loans (the "Term Loans") and revolving loans (the "Revolving Loans") to the Borrower, (ii) the Swingline Lender has agreed to make swingline loans (the "Swingline Loans", together with Term Loans and Revolving Loans, the "Loans") to the Borrower and (iii) the Issuing Bank has issued or agreed to issue from time to time Letters of Credit for the account of the Borrower, in each case pursuant to, upon the terms, and subject to the conditions specified in, the Credit Agreement. Amounts paid in respect of Term Loans may not be reborrowed. Subject to the terms of the Credit Agreement, Borrower may borrow, prepay and reborrow Revolving Loans. The Credit Agreement provides that the sum of the principal amount of the Loans and the Letters of Credit from time to time outstanding and secured hereby shall not exceed $1,900,000,000. 4. Except as specifically amended or modified in this Agreement, all other terms and provisions of the Original Deed of Trust remain the same. 5.. The Grantor hereby represents and warrants that the Deed of Trust is in full force and effect and are valid and enforceable obligations and agreements of Grantor in accordance with the terms and provisions thereof. Grantor hereby waives, discharges and releases forever any and all existing claims, defenses and rights of set-off that Grantor may have against Beneficiary or which may affect the eaforcea4aity by Beneficiary of its security and its various rights and remedies under the Deed of Trust. 6. This Second Modification may be executed in any number of duplicate originals and each such duplicate original shall be deemed to constitute but one of the same instrument. !I"YCOAP:15�1q 3Jv::g1519:03/12/CE--1::5] al; Site 24 IN WITNESS WHEREOF, Grantor has executed these presents on the day and year first above written. INVISTA S.A.R.L. (formerly known as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as INVISTA S.a.cL, LLC) Bv-, N [Corp. Seal] Name: Jay L Vonca,mon Title: e+nhwi*&6ipwwy Pk4o"4 y �� Beneficiary agrees to the modification of the Deed of Trust as set forth in this Second Modification. JPMORGAN CHASE BANK, N.A. (f/k/a JPMorgan Chase Bank) By Name: Title: Trustee joins in this Second Modification to acknowledge its consent. FIRST AMERICAN TITLE INSURANCE COMPANY By Name: Title: ii,YCO":257:930v::44519:0./10/05--12:09 pil Sate 24 STATE OF COUNTY OF c. I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: L n9t"s) of principal(s) Date:Ja.naar� I/ ZCO4 DEE MURREY tW Natsry pubic -Sutra of Kansas o tcial signature of tary) "P0`' ¢ " �DR E r I ku Pe I< k Notary Public (Notary's printed or ed name) (Official Seal) My Commission Expires: 00-k lG z Opgg STATE OF ) COUNTY OF ) 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: narne(s) of principal(s) Date: (official signature of Notary) Notary Public (Notary's printed or typed Warne) (Official Seal) My Commission Expires: ifNYCOH]:2511<3Uv:: 44578: O], 10/06--1).:Od pii Sate 24 IN WITNESS WHEREOF, Grantor has executed these presents on the day and year fast above written. INVISTA S.A.R.L. (formerly (mown as ARTEVA SPECIALTIES S.A.R.L.), a Luxembourg private limited liability company (d/b/a in North Carolina as fNVISTA S.a r.l., LLC) By [Corp. seal] Name: Title: Beneficiary agrees to the modification of the Deed of Trust as set forth in this Second Modification, JPMORGAN CHASE BANK, N.A. (9k/a JPM n ase Bank) ay Name: Title: PEA A, D EDOUSl; 0 aRFCfOR Trustee joins in this Second Modification to acknowledge its consent. FIRST AMERICAN TITLE INSURANCE ByCOMPANY ./J�� _��� Name: K4.4 12&xAt Title: VP ((8YC011p 0511410v1eN5'R:01/10/06--1]:06 pJ) Site 24 STATE OF ) COUNTY OF 1 I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: name(s) of principal(s) Date: (official signature of Notary) Notary Public (Notary's printed or typed name) (Official Seal) My Commission Expires: STATE OF NBW VC71 X ) COUNTY OF AI yorw ) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: 4(ki admfin • name(s) of principal(s) Date: bf) • 1! , 2 00 Lo LEAK SAWN votory Pubk, Stall of NW Yak N. of y,jl32512 York Caur* (official signature of Notary) Co,, bo" Aug- 29, 2W9 (14 h &0*1Y1 Notary Public (Notary's printed or typed name) eap My Commission Expires: A4V - i 9 , 100 9 I(NYNCV:1591Uovl: USOB Ol/30/01-43: oe p1l Site 24