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HomeMy WebLinkAboutNCS000608_Name-Owner Change Application_20220610GOVAT I U n B l 0,ti, Via Certified Mail and Email June 6, 2022 Ms. Brianna Young North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources NPDES Stormwater Program 1617 Mail Services Center Raleigh, North Carolina 27699-1617 Brianna.Young@ncdenr.gov RE: NPDES Permit No. NCS000608 Application for an Ownership Change Dear Ms. Young, Covation Biomaterials, LLC (CovationBio) has entered into an agreement to purchase the Kinston Site from DuPont Industrial Biosciences USA, LLC (DuPont) as part of a larger acquisition of DuPont's biomaterials business. The acquisition closed on May 31, 2022, and ownership of the site was transferred to CovationBio. To ensure consistency in operations and continued compliance, the site leadership team is transferring to CovationBio, and I will continue as the Plant Manager for the Kinston Site. CovationBio intends to operate the site as it was operated by DuPont and consistent with the application for National Pollutant Discharge Elimination System (NPDES) Permit No. NCS000608. The transfer of permit responsibility, coverage, and liability shall be effective June 1, 2022. Enclosed please find the NPDES Stormwater Permit Name/Ownership Change Form and legal documentation of the transfer of ownership. If you have any questions or need any additional information, please do not hesitate to contact me at (252) 643-7169 or Shelby Arellano at (252) 643-7124. Sincerely, & A Pt4.�C Emily Price Plant Manager CC: Shelby Arellano, Covation Biomaterials LLC WE AREA FORCE OF NATURE Covation Biomaterials LLC • 800 Prides Crossing, Suite 201 • Newark, Delaware 19713 NC DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF Energy, Mineral, and Land Resources STORMWATER PROGRAM NORTH CAROLINA Environmental Quality NPDES STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NCSQ/�_O /_6 / 0 / 8 or NCG_/_/_/_/_/_ 1. Facility Name (prior to change): DuPont Kinston Site II. NEW OWNER/NAME INFORMATION: 2. This request for a name change is a result of: a. Change in ownership of property/company b. Name change only (Facility and/or Company) c. Other (please explain): (for example, facility address update. Include additional attachments if necessary.) 3. New owner's name (name to be put on permit as Permittee): Covation Biomaterials LLC 4. New owner's or signing official's name and title: Emily Price (Person legally responsible for permit) Plant Manager (Title) 5. Mailing address: 4693 Highway 11 North City: Grifton State: NC Zip Code: 28530 Phone: ( 252 ) 643-7169 E-mail address: emily.price@covationbio.com New facility name (if applicable): Covation Biomaterials Kinston Site 7. Effective date of transfer or name change: 06/01 /2022 North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 NOR;�11� N.—I.1E-I.—I.im1a� /� 919.707.9200 NPDES Stormwater Permit Name/Ownership Change Page 2 of 2 III. PERMIT AND FACILITY CONTACT INFORMATION 8. New permit contact's name and title: Shelby Arellano (Permit Contact) Environmental Engineer (Title) 9. Mailing address: 4693 Highway 11 North city: Grifton State: NC Zip Code: 28530 Phone: ( 252 ) 643-7124 E-mail address: Shelby. arellano@covationbio.com 10. New facility contact's name and title: Shelby Arellano (Facility Contact) Environmental Engineer (Title) 11. Mailing address: 4693 Highway 11 North City: Grifton State: NC Zip Code: 28530 Phone: ( 252 ) 643-7124 E-mail address: shelby.arellano@covationbio.com 12. New billing contact's name: Bridgett Bryant (Billing Contact) 13. Mailing address: 4693 Highway 11 North City: Grifton State: NC Zip Code: 28530 Phone: ( 252 ) 643-7029 E-mail address: bridgett.bryant(a_)covationbio.com IV. FACILITY ACTIVITIES AND DISCHARGE INFORMATION 1. Will industrial activities at the facility remain the same as under the previous owner? Yes 0 No ❑ 2. Will the stormwater discharge location(s) remain the same? Yes 0 No ❑ NOTE: If either of these questions is answered "No," then more information is needed to review the request. Please attach documentation to describe and explain the changes to the facility activities, stormwater discharges, and/or outfall location. Depending on the information provided, the Division may require that the new owner file a new permit application. Last Revised 3/13/2022 NPDES Stormwater Permit Name/Ownership Change Page 2 of 2 THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE ITEMS LISTED BELOW ARE INCLUDED. REQUIRED ITEMS: 1. This completed application form (with original signature) 2. Legal documentation of transfer of ownership (such as relevant pages of a deed or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change but can be provided for a name change. 3. Information to document facility, industrial activities, stormwater discharges, or outfall changes as noted in item IV above (if appropriate) Why is this information needed? Regulations in 40 CFR §122.63 allow for minor modifications to NPDES permits for a change of ownership or operational control of a facility, provided that information supports that no other change in the permit are necessary. Why does this form need to be mailed in? Permittees and applicants must fulfill signatory requirements in the NPDES federal regulations in 40 CFR §122.22 (please see those regulations for guidance). Until NCDEC's electronic submission process meets Cross -Media Electronic Reporting (CROMERR) requirements, this original signed (not digital signature) form must be mailed to the address below. The uploaded copy is stored as part of the permit record in the Division's digital repository. Applicant's Certification: I, Emily Price , attest that the application for a name and/or ownership change submitted has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed, or if all required supporting information is not included, this application package will be considered incomplete and may be returned. Signature: &e - 6/8/2022 THE COMPLETED APPLICATION AND ALL SUPPORTING INFORMATION SHOULD BE SENT TO: DEMLR Stormwater Program 512 North Salisbury Street, 61" Floor (Office 640K) 1612 Mail Service Center Raleigh, NC 27699-1612 Last Revised 3/13/2022 OFFICE OF LENOIR COUNTY TAX ADMINISTRATOR by Qo Date 06/01/2022 Type: CONSOLIDATED REAL PROPERTY Recorded: 6/1/2022 12:04:26 PM Fee Amt: $30,045.00 Page 1 of 20 Revenue Tax: $29,999.00 Lenoir County, NC Pam Rich Register of Deeds BK 1957 PG 388 - 407 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax - $29,999.00 Parcel Identifier: 0000377 Prepared by and return to: Barbara R. Christy, Schell Bray PLLC P.O. Box 21847 Greensboro, NC 27420 (without title examination) Brief description for the Index: HWY 11 NORTH THIS Deed, made and entered into this 3, *--day of M A- , 2022, BY AND BETWEEN GRANTOR DUPONT INDUSTRIAL BIOSCIENCES USA, LLC, a Delaware limited liability company, Chestnut Run Plaza, 974 Centre Road, Wilmington, Delaware 19805 GRANTEE COVATION BIOMATERIALS LLC, a Delaware limited liability company, 800 Prides Crossing, Suite 201, Newark, Delaware 19713 The designation GRANTOR and GRANTEE as used herein shall include said parties, their successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. DMFIRM #45186051 v4 submitted electronically by "Gallimore Levy Chrisawn Gallimore PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Lenoir County Register of Deeds. WITNESSETH, that the GRANTOR, for good and valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey, unto the GRANTEE in fee simple, ALL of GRANTORs interest in and to that certain lot or parcel of land, with the improvements thereon (collectively, the "Property"), situated in Lenoir, County, North Carolina and more particularly described on Exhibit "A" attached hereto and made a part hereof. TOGETHER with all and singular the property, buildings, improvements, ways, streets, alleys, driveways, passages, waters, water -courses, rights, riparian grants and rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof, and all the estate, rights, title, interest, property, claim and demand whatsoever of it, the said Grantor, as well at law as in equity or otherwise, howsoever, of, in, and to the same and every part thereof. A map showing the above -described property is recorded in Plat Book: 9 pages 215-217, 9 pages 218-228, 5 pages 143 and 2 page 24. All or a portion of the Property herein conveyed does not include the primary residence of Grantor. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever for the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever in fee simple. Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the exceptions below. This Special Warranty Deed is subject to all covenants, restrictions, reservations, easements, conditions, and rights appearing of record. ALSO SUBJECT TO all matters of record and any matters not of record, including but not limited to leases, covenants, conditions, restrictions, plans and easements with respect to the property described herein, this reference to which shall not be construed to re -impose any such covenants, conditions, restrictions, plans and easements which have otherwise lapsed, expired or have otherwise been terminated in accordance with their terms or otherwise, as applicable; and SUBJECT TO all current taxes and other assessments, reservations in patents and all easements, rights. Current ad valorem taxes and assessments for the current year on the Property having been prorated, Grantee hereby assumes the payment thereof. Grantee is accepting the conveyance of the Property hereunder on an "AS -IS," "WHERE IS," AND "WITH ALL FAULTS" BASIS. DMFIRM #45186051 v4 2 Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to context. (Signature on following page) DMFIRM #45186051 v4 IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate nan} bar 4sAfily�,authorized officer and its seal to be hereunto affixed, the day and year first above d, riDelivered n t ,reseAcit 9fT. DUPONT INDUSTRIAL BIOSCIENCES USA, LLC, a Delaware limited liability company a By: Attest Name: Title: Namit Jain -Senior Manager By. Strategic Planning and Name: 5L, r�1w Global Heal Estate Title:�j STATE OF DELAWARE COUNTY OF NEW CASTLE On this, the day of N \ , 2022, before me, a N tary Public for the aforesaid State and County, the unde officer, &MC,4- ally appeared awn _+ ��, p koo acknowledged himself to be the 1 o Mom( � of DUPONT INDUSTRIAL BIOSCIENCES USA, LLC, a Delaware limited liability company, and that he, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by herself/himself, as such officer. WITNESS my hand and Notarial Seal, the day and year afore id. J tit NOTARY PUBLIC Print or Imprint Name and Date Commission Expires: L ter. LAUREN KAY MCCLOSKEY Notary Public State of Delaware My Commission Expires On February 13,2023 [Signature Page to Deed]