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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 This permit shall be effective from the date of issuance until rescinded.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 Rilfrim3to] 0J,1 7crI=I:viJ_1 ZTi[e]=IPd1�kfi1ZINJ,IIII 110171911&y11'A9149 011U1&L:1M 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`= Soy Og0 a 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� -��a W 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 aT 7ti+' PJ wr '? Ftb U' 2 2021 BYE 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 lyllti .. EA.... • l%- � 2 MY �C Z i COMMISSION i U EXPIRES Z "4,0VER j� Fitt o 2 20?1 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 ��y ) EA.... q ovPRY PVe` 2 MY Z i COMMISSION U m '• EXPIRES i Z '• 6/16/2025 :' A,* ,y9 '•......... '3 Ip Zoo, A ape nI > . r td 0 2 2021 BY 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: boa v� r rd 0 2 2021 l BY• 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: e-� 1;, l�Yc4w6aPO,6ia(q-tr GPI q 2ZfZI Registration Number: 7iO17,2— SEAL II r a%, sslp„ �/•rr " SEAL 20122 l 6 2EVr