HomeMy WebLinkAboutSW8080821_CURRENT PERMIT_20210622STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 OS 0 S Z\
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
202\ Olo 22
YYYYMMDD
e
r�
ROY COOPER
Governor
DIONNE DELLI-GATTI
secretory
BRIAN WRENN
Director
June 22, 2021
Stepan Company, purchaser
Attn: Phillip Cline, Authorized Signatory
22 W. Frontage Road
Northfield, IL 60093
and
NORTH CAROLINA
Envaonmenral Quality
INV Performance Surfaces, LLC, current property owner/previous permittee
Attn: William M. King, Jr., Authorized Signatory
4600 US HWY 421 N
Wilmington, NC 28401
Subject: Permit Transfer
State Stormwater Management Permit No. SW8 080821
Invista Oxidizer Access Road Improvements
New Hanover County
Dear Mr. Cline and Mr. King:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this
updated permit now references DEMLR as the Division responsible for issuance of the permit
On April 15, 2021, the Wilmington Regional Office received a complete request to transfer the ownership of the
subject state stormwater management permit under the provisions of 15A NCAC 02H.1045(l)(a). DEMLR staff
has inspected the project, reviewed the available documentation, and determined that the project is currently in
compliance with the terms and conditions of the state stormwater permit. By signing the Name/Ownership
Transfer form and Operation and Maintenance Agreement, you have accepted the responsibility for complying
with the terms and conditions outlined in this permit.
The Division is hereby notifying you that the subject permit has been transferred on June 22, 2021. A copy of the
transferred and updated permit and associated documents are enclosed. Please note that this transferred, updated,
and re -issued permit does not impose new or different terms; it merely restates and clarifies some of the previous
terms to provide you with a better understanding of your obligations under the permit.
This permit shall be effective from the date of issuance until rescinded. The designated permit holder, Stepan
Company ("Purchaser) shall be responsible for meeting the conditions and limitations specified therein. As
required for compliance, a copy of the final deed listing the Purchaser as the property owner must be submitted
within 30 days of the property being purchased. The project shall be subject to the conditions and Iirnitations as
specified therein and does not supersede any other agency permit that may be required. Failure to comply with
these requirements will result in future compliance problems. Please note that this permit is not transferable
except after notice to and approval by the Division.
This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and
is herein incorporated by reference.
Please be aware that it is the responsibility of the permit holder, the Purchaser, to notify the Division of any
changes in ownership and request an ownership/name change for the stormwater permit. However, if the
purchase agreement or contract between the Purchaser and INV Performance Surfaces, LLC ("Property Owner")
is dissolved, cancelled or defaults, and the Division is not notified by the Purchaser to transfer the permit, then the
responsibility for permit compliance reverts to the Property Owner. A completed Permit Transfer Application
form and supporting documentation and fee must be submitted to the Division within 30 days otherwise the
®� �� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
v,,m,�wcuw.
910.796.7215
State Stormwater Permit No. SW8 080821
Page 2 of 2
Property Owner will be operating a stormwater treatment facility without a valid permit which is a violation of
NC General Statue 143-215. L Failure to transfer the permit may result in appropriate enforcement action in
accordance with North Carolina General Statute § 143-215.6A through § 143-215.6C being taken against the
Property Owner.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the
OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions, need additional copies of the permit or approved plans, please contact Garrett Zorda in
the Wilmington Regional Office, at (910) 796-7215 or garrett.zorda@ncdenr.gov.
Sincerely,
C"?)4
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C — Permitting History
copy of the Permit Transfer Application Form
copy of the signed and approved Operation & Maintenance Agreement
copy of the latest compliance inspection report
DES/ gdz: \\\Stormwater\Permits & Projects\2008\080821 LD\2021 06 permit 080821
cc: Phillip Cline, Authorized Signatory, Stepan Company; 4600 US HWY 421N, Wilmington, NC 28401
Wilmington Regional Office Stormwater File
os.®au�mry�
North Carolina Department of Environmental Quality I Division or Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmmgton, North Carolina 28405
910.7%.7215
State Stormwater Management Systems
Permit No. SW8 080821
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
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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
IaaVkve600yNNINRy:Ia0a0-YACI:T_vrra lrto]
Stepan Company
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 Energy, Mineral and Land Resources (the "Division" or "DEMLR) and considered
an enforceable 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
A copy of the final deed listing Stepan Company ("Purchaser") as the property owner
must be submitted within 30 days of the property being purchased.
Page 1 of 5
State Stormwater Management Systems
Permit No SW8 080821
2. It is the responsibility of the permit holder, the Purchaser, to notify the Division of any
changes in ownership and request an ownership/name change for the stormwater
permit. However, if the purchase agreement or contract between the Purchaser and
INV Performance Surfaces, LLC ("Property Owner") is dissolved, cancelled or defaults,
and the Division is not notified by the Purchaser to transfer the permit, then the
responsibility for permit compliance reverts to the Property Owner. A completed
Permit Transfer Application form and supporting documentation and fee must be
submitted to the Division within 30 days otherwise the Property Owner will be
operating a stormwater treatment facility without a valid permit which is a violation of
NC General Statue 143-215.1. Failure to transfer the permit may result in appropriate
enforcement action in accordance with North Carolina General Statute §143-215.6A
through §143-215.6C being taken against the Property Owner.
3. Projects covered by this permit will maintain a minimum 30-feet wide vegetative buffer
between all impervious areas and surface waters.
4. The permittee is responsible for verifying that the proposed built -upon area does not
exceed the allowable built -upon area.
5. 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.
6. 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.
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.
7. A copy of the recorded restrictions must be received in this Office within 30 days of the
date of sale.
Page 2 of 5
State Stormwater Management Systems
Permit No. SW8 080821
B. 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.
9. 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.
10. 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.
11. No person or entity, including the permittee, shall alter any component shown in the
approved plans and specifications. Prior to the construction of any modification to the
approved plans, the permittee shall submit to the Director, and shall have received
approval for modified plans, specifications, and calculations including, but not limited
to, those listed below. For changes to the project or SCM that impact the
certifications, a new or updated certification(s), as applicable, will be required and a
copy must be submitted to the appropriate DEQ regional office upon completion of the
modification.
a. Any modification to the approved plans and specifications, regardless of size
including the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of
the project and/or property area as reported in the approved plans and
specifications.
d. Altering, modifying removing, relocating, redirecting, regrading, or resizing of
any component of the approved SCM(s), the stormwater collection system
and/or vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not
included in the approved plans and specifications.
g. Other modifications as determined by the Director.
12. 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.
13. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
14. The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at the design condition 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.
15. 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. Any deviation
from the approved plans must be noted on the Certification. A modification may be
required for those deviations.
Page 3 of 5
State Stormwater Management Systems
Permit No SW8 080821
16. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
17. Prior to transfer of the permit, a file review and site inspection will be conducted by
Division personnel to ensure the permit conditions have been met and that the project
and the on -site stormwater system complies with the permit conditions. Any items not
in compliance must be repaired, replaced restored, or resolved prior to the transfer.
Records of maintenance activities performed to date may be requested.
III. GENERAL CONDITIONS
1. Any individual or entity found to be in noncompliance with the provisions of this
stormwater management permit or the requirements of the Stormwater rules is subject
to enforcement procedures as set forth in NCGS 143 Article 21
2. The permit issued shall continue in force and effect until the permittee files a request
with the Division for a permit modification, transfer, or rescission; however, these
actions do not stay any permit conditions.
3. 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 Session Law 2006-246, Title
15A NCAC 2H.1000. and NCGS 143-215.1 et.al.
4. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed "Permit
Transfer Application Form" (available on the Division website) accompanied by the
required fee and supporting documentation as listed on the form, to the Division at
least 60 days prior to any one or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the
case of an individual lot sale that is made subject to the recorded deed
restrictions and protective covenants;
b. Dissolution of the partnershipp corporate, or LLC entity, subject to NCGS 55-14-
05 or NCGS 57D-6-07 and A;
c. Bankruptcy;
d. Foreclosure, subject to the requirements of Session Law 2013-121,
5. The permittee is responsible for compliance with all permit conditions until such time
as the Division approves the transfer request. Neither the sale of the project, in whole
or in part, nor the conveyance of common area to a third party constitutes an approved
transfer of the stormwater permit.
6. The permittee grants permission to DEQ Staff to enter the property during normal
business hours, for the purpose of inspecting all components of the stormwater
management facility.
7. The permittee shall submit a completed "Permit Information Update Application Form"
(available on the Division website) to the Division within 30 days to making any one or
more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
8. 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.
Page 4 of 5
State Stormwater Management Systems
Permit No SW8 080821
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 transferred, updated and reissued this the 22"d day of June 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5
State Stormwater Management Systems
Permit No SW8 080821
Attachment C - Permitting History
INVISTA Oxidizer Access Road Improvements
Permit No. SW8 080821
Approval
Date
Permit
Action
BIMS
Version
Description of the Changes
This original issuance approved the construction
9/ 12/2008
Original
1.0
of a 24% low density development covering a
Approval
total of 90,651 square feet of built -upon area
BUA).
This issuance approved the transfer of the permit
6/22/2021
Transfer
1.1
from INV Performance Surfaces, LLC to Stepan
Company.
Page 1 of 1
•r -Low Density Maintenance Requirements
SW8-080821
Low -Density Mainte'nanmRequirerients;SWB-080821-,,
Important maintenance procedures:
The drainage area to the vegetated conveyance or vegetated receiving area will be carefully managed to
reduce the sediment load to the vegetated conveyance or vegetated receiving area.
After the initial fertilization to establish the grass in the vegetated conveyance or the vegetated receiving
area, fertilizer will not be applied to the vegetated receiving areas.
The vegetated conveyance or vegetated receiving area will be inspected quarterly. Records of operation and maintenance
will be kept in a known set location and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
SCM element:
Potential problem:
How to remediate the problem:
Vegetation is too short or
Maintain grassed vegetation such that the swale or vegetated area
Vegetation
too long.
does not erode during the peak flow from the 10-year storm
Trash/debris is present.
Remove the trash/debris.
Areas of bare soil and/or
Regrade the soil if necessary to remove the gully, and then re -sod
erosive gullies have formed.
(or plant with other appropriate species) and water until
Vegetated receiving areas
established. Provide lime and a one-time fertilizer application.
Trees and/or other woody
Remove the trees and woody vegetation from the Swale, regrade
vegetation are present in
the swale if necessary and re-establish grass as shown on the
the swale.
approved plans.
Trash/debris is present.
Remove the trash/debns.
Areas of bare soil and/or
Regrade the soil if necessary to remove the gully, and then re -sod
erosive gullies have formed.
(or plant with other appropriate species) and water until
established. Provide lime and a one-time fertilizer application.
Sediment covers the grass
Remove sediment and dispose in an area that will not impact
at the bottom of the swale.
streams or SCMs. Re -sod if necessary.
Vegetated conveyances /
The side slope is steeper
Regrade the slopes to the permitted configuration per the approved
swales / roadside ditches
than the approved
plan and reestablish vegetation. If as -built or existing conditions do
(other than curb outlet
configuration.
not allow the slopes to be regraded, contact the applicable
swales)
permitting agency.
Grass is dead, diseased or
Determine the source of the problem: soils, hydrology, disease,
dying.
etc. Remedy the problem and replace plants. Provide a one-time
fertilizer application to establish the ground cover if necessary.
Trees and/or other woody
Remove the trees and woody vegetation from the vegetated
vegetation are present in
conveyance, regrade the vegetated conveyance if necessary and
the vegetated conveyance.
re-establish grass as shown on the approved plans.
The longitudinal slope
Regrade to meet the permitted longitudinal slope as shown on the
exceeds 5%.
approved plans.
The swale profile does not
Regrade the swale to the approved profile as shown on the
Curb outlet swales or
match the approved detail.
approved plans.
vegetated areas
The length of the swale or
Extend the swale to achieve the 100-foot minimum length. If as -
vegetated area is less than
built or existing conditions do not allow the slopes to be regraded,
100 feet.
contact the applicable permitting agency.
Clogging has occurred.
Clean out the outlet device. Dispose of the sediment off -site.
The outlet device (if
The outlet device is
Repair or replace the outlet device.
applicable)
damaged
Page 1 of 2
c ' Low Density Maintenance Requirements
SW8-080821
Erosion or other signs of
damage have occurred at
Repair the damage and improve the flow dissipation structure.
the outlet.
Discharges from the site are
The receiving water
causing erosion or
sedimentation in the
Contact the local NCDEQ Regional Office.
receiving water.
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures
listed for each SCM and the related O&M table. I agree to notify NCDEQ of any problems with the system or prior to any
changes to the system or responsible party.
Respi
Title &
St
C
Phor
Signature:
A��
County of f / N JAJ E
personally appeared before me this
acknowledge the due execution of the
Witness my hand and official seal, C
,���..o"C Y p1j, per
?2 My n;
Z j COMMISSION U
fn '. EXPIRES i Z
4G •'•. 611612025 r
Seal
My commission expires
a Notary Public for the
do hereby certify that
z- ke- aoZY
Date: Y-- Zap
Page 2 of 2
Date R ceiued
Fee Paid
Permit Number
#03 io q 50,g`=
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NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http://deg.nc.gov/contactlregional-offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until:
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.), or
3. in the case where a transfer falls under G.S. 143-214 7(c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed permittee) must meet the following,
• Corporation'- a principal executive officer of at least the level of vice-president;
• Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality - a ranking official or duly authorized employee;
• Partnership or limited partnership - the general partner;
• Sole proprietor;
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number:
2. Project name: INVISTA Oxidizer Access Road Improvement
Is this an updated project name from the current permit? ❑ Yes ®No
3. Reason for the permit transfer request:
Ownership change (change in responsible party)
(any � '' ,•s
0 2 2021
BY
Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018
B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
® 1. Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G).
In accordance with G.S. 143-214.7(c2) (see also $I 2011-2.561), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee (skip Part D below).
In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ a. The proposed permittee is either (select one of the following):
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring or will occur,
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other (please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred
❑ The successor -owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
IS11% ;I 1,
.CEO"
o�
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FEB 0 2 2021
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018
C. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark Y' if previously provided. If not
applicable or not available, please mark N/A.:
Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2).
Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
N/A 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
N 6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built -upon area or the maximum
allowed total built -upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
N/A 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
N/A 10. A copy of the lease agreement if the proposed permittee is the lessee.
Y 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N/A 12. A copy of the development agreement if the proposed permittee is the developer
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Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018
D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: INV Performance Surfaces LLC
2. Signing Official's Name: William M King, Jr.
3. Signing Official's Title: Authorized Signatory
4. Mailing Address: 4600 US HWY 421 N
City: Wilmington State: NC ZIP: 28401
5. Street Address:
City: State: ZIP :
6. Phone: (910) 512-5643 Email: BIII.KingO)INVISTA.COm
I, William M King, Jr. , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
® the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
® the approved plans and/or approved as -built plans;
® the approved operation and maintenance agreement;
® past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report; (no recent inspection in files)
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not be approved by thh�e/DE/MLR unless and until the facility is in compliance with the permit.
Signature: /�! ( Date: (/3°1/a0A.l
'ublic for the State of
do hereby certify
personally appeared before me
this the 36 day of `) sW k , 20and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal, �W-aw�k,
(Notary Seal)
Notary Signature
My commission expires
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Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018
E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
❑ Property owner (Also complete Part F.)
❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
® Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G.)
2. Proposed permittee name (check one of the following and provide the name):
® Corporation, LLC, Partnership, Municipality name: Stepan Company MT E-c
WE
❑ HOA / POA / UOA name:
❑ Sole Proprietor
3. Proposed permittee contact information: BY.
Please be sure to provide Email.
a. Signing Official's Name: Phillip Cline
b. Signing Official's Title: Authorized Signator
c. Mailing Address: 22 W Frontage Rd. _
City: Northfield State: IL ZIP: 60093
d Street Address: 22 W Frontage Rd.
City: Northfield State IL ZIP . 60093
e. Phone (910) 341-3194 Email: Phillip.cline(o) tepan.com
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name: Stepan Company
b. Contact Name: Phillip Cline Title: Authorized Signatory
c. Mailing Address: 4600 US HWY 421 N
d. City: Wilmington
e. Phone: (910) 341-3194 Email: Phillip.cline(a),stepan.com
NC ZIP: 28401
SW8 080821 Page 5 of 7 April 27. 2018
F. PROPOSED PERMITTEE CERTIFICATION
I, Phillip Cline , hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
® the most recent permit;
❑ the designer's certification for each SCM,
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
® the approved plans and/or approved as -built plans;
® the approved operation and maintenance agreement;
® past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a "plan of action and schedule" addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written 'plan of action and
schedule " must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the
approved plans; and I will (construct), operate and maintain the approved stormwater management system
pursuant to the requir ents listed in the permit and in the operation and maintenance agreement.
Signature: _ Date: —.>O—ZOZ/
I, , a Notary Public for the State of t6y,, cc d,.C`
County of K WU MUO v do hereby certify that hP _
personally appeared before me this the 9]b day of _ ZS:�,f1liL3rtA 201A I , and
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature, A1177�
My commission expires L — Il a n
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Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018
E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
❑ Property owner (Also complete Part F.)
❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Le ee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the ermit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
own . (Also complete Parts F & G.)
® Purch er - Attach a copy of the pending sales agreement. The permit will require ubmission of a copy
of the re orded deed after the purchase has taken place. If the purchase agreeme is cancelled the
permit re rts to the property owner. (Also complete Parts F & G.)
❑ Developer - ttach a copy of the development agreement. Both the develope and the property owner
will appear on he permit as co-permittees. If the development agreement is erminated, responsibility for
the permit reve to the property owner. (Also complete Parts F & G.)
2. Proposed permittee na a (check one of the following and provide the ame):
® Corporation, LLC, Partn ship, Municipality name: Stepan Com n
❑ HOA / POA / UOA name:
❑ Sole Proprietor
B�
Proposed permittee contact
Please be sure to provide Email.
a. Signing Official's Name: I
b. Signing Official's Title: AL
c. Mailing Address: 4600 U:
City: Wilmington
d. Street Address:
City:
e. Phone: (910) 341-3194 Em : Phillip.cl
4. If there is a Management Entity th manages the
Please be sure to provide Email.
a. Management Company or Bu ness name:
b. Contact Name:
c. Mailing Address:
d. City:
e. Phone: (_) _
NC ZIP: 28401
ZIP:
an HOA, PDA or UOA, please provide:
ZIP:
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Stormwater Permit Transfer Application Form Page 5 of 7 Apnl 27, 2018
G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization:
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City:
Phone: (_)
State: ZIP :
I, , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143, Article 21,
Signature of the property owner
my hand and official seal,
(Notary Seal)
Notary Signature
My commission expires_
Date:
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the day of
20 , and acknowledge the due execution of the forgoing instrument. Witness
FEa 0 2 2021 I
BY.
Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018
State Stormwater Management Systems
Permit a SW8 080821
Invista Wilmington NC
Stormwater Permit No. SW8-080821
Designer's Construction Certification
I, James Anthony (Tony) Chambers, as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe weekly during the construction of
the project, Invista - Oxidizer Access Road Improvement, for Elizabeth Meyer, hereby
state that, to the best of my abilities, due and diligence certify that the project work
was completed in accordance with the approved plans and specifications.
Signature:
Name and Title:
Date:
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Registration Number: 7iO17,2—
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