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This permit shall be effective from the date of issuance until rescinded and shall be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
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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