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HomeMy WebLinkAboutNC0073181_owner name Change_20080930�QF WA T�9Q Michael F. Easley, Governor �V 1(Y William G. Ross Jr., Secretary 3 r North Carolina Department of Environment and Natural Resources > 1 O Coleco H. Sullins, Director Division of Water Quality September 30, 2008 MR JACOB ANSLUM VOPAK TERMINAL SOUTH WILMINGTON PO BOX 896 WILMINGTON NC 28402 Subject: NPDES Permit Modification- Ownership Change Permit Number NCO073181 Vopak Terminal South Wilmington Formerly— EXXOnMobil Chemical Company New Hanover County Dear Mr. Anslum: Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on September 25, 2008. This permit modification documents the change of ownership of the above reference facility. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 807-6300 east 76406. Sincerely,V , c Coleen H Sullins cc: Central Files Fran McPherson, DWQ Budget Office (letter only) Wilmington Regional Office, Surface Water Protection NPDES Unit File NCO073181 rOneCarolina ra/(y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet h2o.encstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6492 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10%Post Consumer Paper Permit NCO073181 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DES In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Vopak Terminal South Wilmington is hereby authorized to discharge wastewater from outfalls located at the Vopak Terminal South Wilmington 3340 River Road, Wilmington New Hanover County to receiving waters designated as an unnamed tributary to Cape Fear River with in the Cape Fear River basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 30, 2008 This permit and authorization to discharge shall expire at midnight on December 31, 2012. Signed this day September 30, 2008. 4T', Coleen H. Sullins, Directof Division of Water Quality By Authority of the Environmental Management Commission Permit NCO073181 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Vopak Terminal South Wilmington is hereby authorized to: 1. continue to operate a stormwater collection and Water Pollution Control System consisting of separate 20,000-gallon and 4,000-gallon oil/water separators followed by a 2.5-acre pond, located at the Vopak Terminal South Wilmington, 3340 River Road, Wilmington, New Hanover County, and 2. discharge treated stormwater runoff from said treatment facility via Outfall 001 at a specified location (see attached map) into an unnamed tributary of the Cape Fear River, a waterbody classified as SC waters located within the Cape Fear River Basin. Permit NCO073181 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS ..: .... ; MONITORING: RE QUIREMENTS' . Monthly Avera a .. ;Daily :. Maximum : Measurement Fre uenc Sample' T e Sample Location1 Flow2 Episodic 2 Effluent Oil and Grease3 1/month Grab Effluent Total Suspended Solids 1/month Grab Effluent EPA Method 624/625 2/year Grab Effluent Acute Toxici 1/year Grab Effluent Footnotes: 1. The location of the compliance monitoring sampling shall be at the effluent side of the pond. 2. Flow — During periods of no flow, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow shall be monitored with every discharge event and the Permittee shall estimate flow by measuring the drop in water height in the pond from start to end of discharge multiplied by the area of the pond, and rounded to the nearest 1,000 gallons. 3. Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 4. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Special Condition A. (2)]. The Permittee shall discharge no floating solids or foam visible in other than trace amounts. There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. There shall be no direct discharge of tank (or pipe) contents following hydrostatic testing unless the benzene concentration is less than 71.4 µg/L and toluene concentration is less than 11 µg/L. Permit NCO073181 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A. (2) ACUTE TOXICITY MONITORING (ANNUAL) The Permittee shall conduct annual toxicity tests using protocols defined as definitive in EPA Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate. parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE:- Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. is i [ 1W Austy Elk f O • 4 ..•"' ` t 1, , � �••� f ■ �� '�� ¢ i i � o� � • • RunE,66-0 j Q i . ice. ..._I�_,� _. 1`.:� '�\v._' �r E � . . i�F��^'•� � �,r� ei Tali rSiL •/r �, • id el Approximate property SC Y t t .}:L......t: '•' E4{' d i�i'P��r&,E .�Iw.� • .� . • erimeter _ p .. 3� �• r an - • Outfa11001 x � W ,_ -�1- C_,� ;. :. j E �. � .yam,. �t��i (tidal conditions) 4� ^ uiiri '� �E} ;�, I r � l �•S_ .... 1 /. rr �J r. ; E ! �, -,7., t r rr 4l s �isis1 �•t � � _ � 4 f 3 s t:.� }:,{ #, �' I - — % � � � _.:. �.' �, i �f�i �k'l/} r'�' .,,�`�4 �. 's (Z• '\. 3_ 3 <ijre. } d�} :�5 zl �•:.i^ �io,� t .. °�. ,l'?. �l�w,,%.. .�z.x �,�il'; §se r (s, cx �} y�•s�� o ,, t} �r//'yf ,w .;; L t N:. ai' r f -,� ,z .ram rt of {"tr •2r.. � � t � �! ��>''C' ••�� A Y � �� R� • all of f f l ?'Y�it <wk °} t i�F-as`•�-tE 4 `X i{n ••�� ° r ` i r� �'r'.`:�. �� r� f:{:. •�-'.� % .� ' 1 T s^ } '}kE :Y � f fitt�'� � Iq 1 y /.t ikq, � iyk .{` i•. E^+�^.�.1 1 / ; •�, \ � � Ilk ✓j '� 2 o' E t i t 7 V S t 2 ^y i•+t�lh Lr �tDs.-;�-t �' ` ••„V " ; \+..• •;•• � a+ ty i � � -d 7t Pt ♦ ; "A."4. u t -. r, �ar:. '� •t. : S .�< to � f . � • Ett S �+ €��h � ,� ly .� .. ■ } � J � � i^' Lsf k xyt. YE ft . I '• �3 '• 2 A , i e R '� •� dK":,!>�•' , r fr.i.. . 7. - .� ..�tt. 1. z.: ..�,. :2 t / i,", `:i .�r„� �� '��y £ '�;' a. / ri �,,• � ti ��' � :'% 1` � { r i+ {�>, ,e, �"e tr•#- 1 � dF � ..z � t :(.1 d- • � • �` •� • t-4 `{ z [J !(({lei { r s.' x r �:} • f� ° 'i r>'! ! '.,Y N•:, C'c.i •� . / • • 1��"' I�, V >ae4wr i��+t•� , x I l x � ., ' '' i:. } t i r i P}.}4�ir 'i "=y .j t 7-- #�'• yr yYtir *N t ` �^ � � � •� � i- Vopak Terminal South Wilmington State Grid/Quad: K 27 NW / Wilmington Drainage Basin: Cape Fear Sub -Basin: 03-06-17 Stream Class: SC Latitude: 340 10' 43" N Longitude: 780 57' 16" W Receiving Stream: UT of the Cape Fear River North Facility x �� r , Location : " 1;11 '�`� not t0 scalef"('' NPDES Permit NCO073181 New Hanover County F WATE OTC /�QG Michael F. Easley, Governor pj v William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources O Y Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C 10 10 1 7 3 1 8 1 N I C I G 1 5 II. Permit status t)rlor to status change. a. Permit issued to (company name): ExxonMobil Chemical Company b. Person legally responsible for permit: Al Smelius First MI Last Terminal Manager Title 3340 River Road c. Facility name (discharge): d. Facility address: Permit Holder Mailing Address Wilmington N.C. 28412 City State Zip (910)799-0144 ( ) Phone Fax ExxonMobil Chemical Company 3340 River Road Address Wilmington N.C. 28412 City State Zip e. Facility contact person: Al Smelius (910) 799-0144 First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ® Name change of the facility or owner If other please explain: name): Vo ak Terminal South Wilmington RECENeffiDafor permit: Jacb Anslum First MI Last SEP 2 5 2008 DENR - WATER QUALITY POINT SOURCE BRANCH d. Facility name (discharge): e. Facility address: East Coast General Manager Title Post Office Box 896 Permit Holder Mailing Address Wilmington N.C. 28402 City State Zip (713) 208-9791 jacob.anslum@vopak.com Phone E-mail Address Vopak Terminal South Wilmington 3340 River Road Address Wilmington N.C. 28412 City State Zip f. Facility contact person: Donnie Cannon First MI Last (910) 799-0144(910) 799-0144 dotntie.cannon�vopak.com Phone E-mail Address Revised 8/2008 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Art Slayton First MI Last East Coast Safety/Health/Environmental Manager Title Post Office Box 7390 Mailing Address Savannah GA 31418 City State Zip (912) 964-1811 art.slayton(avopak.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ® This completed application is required for both name change and/or ownership change requests. Ig Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change a re uest. Articles of incorporation are rP not sufficient for an ownership change. ...........................................................�V.............................................. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed 3 0,J\ Applicant's Certification is sufficient. I, /VVl name/ownership understand that i information is 1CATION (Permit holder prior to ownership change): �) A b u . A'i_ , attest that this application for a has been reviewed and is accurate and complete to the best of my knowledge. I uired of this application are not completed and that if all required supporting ed, i pplication package will be returned as incomplete. f Jacob Anslum jattest haccurate and comph application are nottspackage will be res ire n Date 'TION � t this pplicatio or a ndme/oxnerch change lias been reviewed and is be of my kn edge. I understand that if all required parts of this d d that if a equired-supporting information -is not`included, this application 155 ; o8 Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 7/2008 Mail after recording to: First American Title Insurance Company Attn: Ms. Elvira Fuentes 24 Greenway Plaza, Suite 850 Houston, Texas 77046 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. EEP 2 5 2008 ' I DENR - WATER CUALO 2008038168 FOR REGISTRATION REGISTER OF DEEDS REMCCA P. SMITH NEW HANOVER COUNTY, NC 2088 SEP 23 11:21:34 PM W5348 PG:201-205 FEND 00 f MEW 1MEN THAT EXXON MOBIL CORPORATION (hereinafter referred to as the "Corporation"), a Corporation duly organized and existing under the laws of the State of New Jersey, acting herein by S. D. Pryor, its Vice President, hereby makes, constitutes and appoints M. J.. Aguiar as the Corporation's Agent and Attorney -in -Fact, for the purpose of negotiating, executing, delivering, terminating, renewing, administering, and recording in the name and on behalf of the Corporation, all contracts and agreements (including, without limitation, a purchase and sale agreement) relating to the sale by the Corporation to VOPAK TERMINAL WILMINGTON INC, a Delaware corporation, and its assigns, of all of its interest in real and/or personal property located at the South Wilmington Terminal located at 3340 River Road, Wilmington, North Carolina 28412, , such property description includes, but is not limited to, that property more particularly described on Exhibit A, and all contracts, agreements, deeds of conveyance, instruments and documents related thereto, except as specified below, but specifically including documents submitted in compliance with local, state and federal environmental laws and regulations, and does hereby grant, delegate and invest said person with power and authority to negotiate, execute, deliver, terminate, renew, and administer such contracts, agreements, deeds of conveyance, instruments and documents, all as fully in every respect as the Corporation itself or Its constituted officers might or could do if personally present, hereby ratifying and confirming all that each said person shall lawfully do by virtue hereof. The power and authority granted, delegated and invested DOES NOT INCLUDE the power and authority to execute the following: 1) Any instrument authorizing, permitting or evidencing the borrowing of money from any person or entity; 2) Any instrument authorizing or permitting the issuance of corporate bonds or indebtedness (secured or unsecured), or capital share of the Corporation, or effecting any change in the capital structure of the Corporation; or 3) Any instrument delegating the power and authority conferred herein to execute and deliver instruments. The person named above may exercise the power and authority herein granted, delegated and invested, in any particular and appropriate transaction or matter, as Agent and Attorney -in -Fact of the Corporation. Any action taken as authorized under this Special Power of Attorney shall be an act of the Corporation and shall be binding on it THAT this Power of Attorney shall be effective as of the date hereof and shall remain in full force and effect until March 28th, 2009: unless sooner terminated by the Grantor or the Board of Directors of the Corporation RETURNED TO cdi /ybort i<ll irw THAT this Power of Attorney cancels and revokes the corresponding Power of Attorney issued by Exxon Mobil Corporation March 28', 2008, to the respective person named therein, and every power and authority therein contained, effective immediately. APPROVED AND EXECUTED this 2 Z day of September, 2008. ae °. * a +r'` FJ(XON MOBIL CORP TION EXXON MOBIL By:. - -.a S. President 7ce *' 1BB2 f+ THE STATE OF TEXAS§ COUNTY OF HARRIS § U S. A. § This instrument was acknowledged before me on thly� day of September, 2008 by S, D. Pryor, Vice President of EXXON MOBIL CORPORATION, a New Jersey corporation, on behalf of said corporation. FEP p 5 2008 { Df'+R - WAffR QUALITY i P"ntd- tpfla,^: er' °'CFI z tn rt ry Public • .r a� rr, nRAIN .• Ne �of + �'ti�, �Aupur! 13, 2a10 BLP 9 EXHIBIT" Property Description ALTAIACSMLAND TITLE SURVEY FOR VOPAK TERMINAL WILMINGTON-INC, SOUTH WILMINGTON TERMINAL IHOSE TWO CERIAIN TRACTS OF LAND SITUATED IN THE CITY OF WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA, CONTAINING 63.911 ACRES, AND BEING MORE PARIICULARLY DESCRIBED AS FOLLOWS (THE -PROPERTY-): Terri BEGINNING AI AN IRON ROD FOUND ON IHE WESTERN RIGHT OF WAY LINE OF RIVER ROAD (A 60' PUBLIC RIGHI OF WAY), SAID IRON ROD FOUND HAVING NORTH CAROLINA GRID COORDINATES OF NORM 1586366360 AND EASI 2317380.2289, AND BEING LOCATED THE FOLLOWING COURSES AND DISTANCES FROM A CONCREIE MONUMENT SEI BY McKim & Creed, PA BY GPS, SAID MONUMENT HAVING NORTH CAROLINA GRID COORDINATES OF NORM 1601576677 AND EAST 23170895680, THENCE 505°22'03'E 632.19 FEE] 10 A CONCRETE MONUMENI SET BY McKim & Creed PA BY GFS SAID MONUMENI HAVING NORM CAROUNA GRID COORDINATES OF NORM 1595282529, EAST 2317148.7060, THENCE S14°33'23"E 921.19 FEE] TO AN IRON ROD FOUND ON THE WESTERN RIGHT OF WAY OF RIVER ROAD, SAID IRON ROD BEING THE POINI OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING, ALONG SAID WESIERLY RIGHI OF WAY LINE OF RIVER ROAD S09041'51"E 1321.29 FEET TO AN IRON ROD SET; IHENCE SI0008'03"E ALONG SAID WESIERLY RIGHI OF WAY LINE FOR 139643 FEET T'O AN IRON PIPE FOUND IN THE DIVIDING LINE OF EXXON MOBIL CORPORATION AND NATIONAL GYPSUM COMPANY (DEED BOOK 1684, PAGE 0011); THENCE LEAVING SAID WESTERN RIGHI OF WAY LINE OF RIVER ROAD AND ALONG THE SAID DIVIDING LINE S86023'41"W 64,02 FEET TO A CONCREIE MONUMENT FOUND; THENCE N54°39b5"W FOR 96327 FEET IO A CONCREIE MONUMENT BEING ON THE APPROXIMATE MEAN HIGH WAIER LINE OF THE CAPE FEAR RIVER, SAID CONCRETE MONUMENT LOCAIED S09005'597E 96.94 FEET FROM A STONE MARKED S.O.; IHENCE THE FOLLOWING 59 CALLS ALONG SAID APPROXIMATE MEAN HIGH WATER LINE; N09°05-59"W 9694 FEET, NIY41-14"W 4174 FEET, NOB°26'59"W 68.64 FEEI, N15°06'27"W 9649 FEET, N12°04'26-W 6050 FEET, N33°13'23"W 8007 FEET, NO3°2419"W 63.87 FEEI, N34017'47"W 78.86 FEET, N43°57'45"W 7,1.18 FEEI, N53°18.46"W 65.47 FEEI, N66°03-24"W 60.97 FEEI, N60°34'50"W 5097 FEET, S85-39'341W 224.43 FEET, S57049'10"W 5135 FEET, N78016'43"W 53.88 FEEI, S64°33'38"W 8908 FEET, S43-37-57'W 43 24 FEET, N74019'25"W 37.20 FEET, N39°42'03"W 20.80 FEE I, S86°19'46"W 84.07 FEET, N89°58'14"W 79 64 FEET, N12-48-12-W 5476 FEEI, N46°45'18"E 32.18 FEET, N76°28'56'E 180.81 FEET, N31-15-09-E 14825 FEET, N06007'20"W 160.71 FEEI, NO2°38'03"E 226.72 FEEI, N15°45'58"E 83,34 FEET, N70°48'14"E 56..83 FEEI; S32°45'36"W 47.63 FEET, N61-26-57-E 13237 FEET, N23°2675"W 55.45 FEET, N70°04'30"E 20.91 FEEI, N85°42'53"E 3175 FEET, N59°1959"E 63.74 FEET, N05°32'03"E 7088 FEET, N70-59-07-W 66.85 FEEI, N40°12'26-W 3904 FEET, S85°18.45"W 56.10 FEEI, N62018'36"E 46.73 FEET, N21019'00"E 3528 FEET, N67053'48"W 4654 FEEI, N35014'50"W 60.05 FEET, N18°59'00"E 57.97 FEET, SM-36'27"E 6736 FEEI, S85°19'46"E 45.17 FEEI, N56°50'29"E 72.79 FEET, N41°37'08"W 55.62 FEET', N85°54'58"W 72.22 FEEI, N19°5743"W 15.91 FEEI, N70°46'03"E 56..61 FEET, N33°16'04"W 4748 FEET, N72°1756"E 52.23 FEET, S59024'29"E 1690 FEET, S36°5178"E 35.08 FEEI, SOS°19'48"E 23.89 FEET, N31°56'08"E 121.38 FEEI, N3405729'E 52.31 FEET, N27°06'18"W 4551 FEET TO A COMPUTED POINT LABELED POINI B IN THE DIVIDING LINE BETWEEN EXXON MOBIL CORPORATION AND EAGLE ISLAND LTD (DEED BOOK 284Z PAGE 157); THENCE LEAVING SAID APPROXIMATE MEAN HIGH WATER LINE N80029'41 E 9600 FEEI TO A CONCRETE MONUMENT FOUND; THENCE CONTINUING WITH SAID DIVIDING LINE N80°29'41"E 760.12 FEET TO AN IRON ROD ON IHE WESTERN RIGHT OF WAY LINE OF RIVER ROAD, SAID POINI ALSO BEING IHE POINT OF BEGINNING, CONTAINING 54.720 ACRES MORE OR LESS AND SHOWN ON A MAP BY McKim & Creed, PA "TIILED .. ALIA/ACSM LAND IIILE SURVEY FOR VOPAK TERMINAL WILMINGTON, INC, SOUTH WILMINGTON TERMINAL" DAIED NOVEMBER 14, 2007 ALL BEARINGS AND COORDINA?ES BEING BASED ON THE NORTH CAROLINA STAIE PLANE COORDINATE SYSTEM NAD 83 (1986).. I ACI BEGINNING AT AN [RON ROD SET LOCATED AI THE INTERSECTION OF THE EASTERN RIGHT OF WAY LINE OF RIVER ROAD (A 60' PUBLIC ROAD) AND THE WESTERN RIGHT OF WAY OF THE NORTH CAROLINA PORTS RAILWAY COMMISSION (10(Y RIGHI OF WAY), HAVING NORTH CAROLINA GRID COORDINATES OF NORTH 1571322064 AND EAST' 2317699 8589, AND BEING LOCATED THE FOLLOWING COURSES AND DISTANCES FROM A CONCRETE MONUMENT SEI BY McKim & Creed, PA BY GPS, SAID MONUMENI HAVING NORTH CAROLINA GRID COORDINATES OF NORM 160157.6677 AND EAST' 2317089.5680; THENCE S05022'03"E 632.19 FEET I'O A CONCRETE MONUMENI SET BY McKim & Creed, PA BY GPS, SAID MONUMENT HAVING NORTH CAROLINA GRID COORDINAIES OF NORTH 159528 2529 AND EAST 2317148.7060; THENCE S14°33'23"E 92119 FEEI TO AN IRON ROD FOUND ON THE WESTERN RIGHT OF WAY OF RIVER ROAD; THENCE LEAVING SAID WESTERN RIGHT OF WAY LINE CROSSING RIVER ROAD TO IHE EASTERN RIGHT OF WAY LINE OF SAID RIVER ROAD N80035'08"E 60.00 FEET TO A 4" x 4" PYRAMID IN TOP OF C:ONCREIE MONUMENT; THENCE ALONG SAID EASTERN RIGHT OF WAY LINE S0904151"E 132017 10 A CONCREIE MONUMENT FOUND; THENCE CONTINUING ALONG SAID EASTERN RIGHT OF WAY LINE S1(°08'03"E 215.72 FEET TO AN IRON ROD SET, SAID IRON BEING THE POINI OF BEGINNING: THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTHERN RIGHT OF WAY OF THE NORTH CAROLINA PORTS RAILWAY COMMISSION WIIH A CURVE TO THE LEFT WIIH A RADIUS OF 623..69 FEEI, A CHORD BEARING OF S51011'35"E, A CHORD DISIANCE OF 555.42 FEET AND AN ARC DISTANCE OF 575.63 FEET TO AN IRON ROD SET AI THE POINT OF TANGENCY OF SAID CURVE; THENCE S77038'01"E 259 25 FEE IO A STONE MONUMENT FOUND; THENCE 515041'57'W 777.38 FEEI' TO A CONCREIE MONUMENT' FOUND; THENCE 586°23'17"W 135..38 FEET I'O THE CENIERLIlNE OF A 40' EASEMENT AS SHOWN IN DEED BOOK 459 PAGE 562; THENCE S86023'17"W 131.94 FEET TO AN IRON ROD SET ON SAID EASIERN RIGHT OF WAY LINE OF RIVER ROAD, SAID IRON ROD SET BEING LOCATED N86023'17" I? 60 39 FEET FROM AN IRON PIPE FOUND ON IHE WESTERN RIGHT OF WAY OF SAID RIVER ROAD, AND N10°08'03"W 541..84 FEEI FROM IHE INTERSECTION OF THE IWO CENIERUNES OF SAID RIVER ROAD AND SUNNYVALE DRIVE; THENCE N10°08'03"W ALONG SAID EASIERLY RIGHT OF WAY LNE 1187.35 FEET TO AN IRON ROD, SAID IRON ROD ALSO BEING THE POINT OF BEGINNING, CONIAIUING 9191 ACRES, MORE OR LESS AND SHOWN ON A MAP BY McKim & Creed, PA "TITLED -- ALTA/ACSM LAND TITLE SURVEY FOR VOPAK TERMINAL. WILMINGTON, INC., SOUTH WILMINGTON TERMINAL" DATED NOVEMBER 14, 2007 ALL BEARINGS AND COORDINAIES BEING BASED ON IHE NORTH CAROLINA SIATE PLANE COORDINATE SYSTEM NAD 83 (1986). Sealed by: David I.. Jones, )r ., L-3672 McKim & Creed 243 North Front Street Wilmington, North Carolina 28401 Job #027320003 November 14, 2007 Last revised July 18, 2008 THE ABOVE GRANIED AND DESCRIBED PROPERTY TOGETHER WIIH ALL IHE LITTORAL, RIPARIAN, SHORE, AND WATER RIGHTS THEREUNTO BELONGING OR IN ANYWISE APPERTAINING, TOGETHER WITH, ALL AND SINGULAR, THE RIGHTS, PRIVILEGES, EASEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING. ,f L� SEP 25 2X'j REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book: Document No.: Recorder: WILMINGTON, NC 28401 091231200811:21:34 AM RE 5348 Page: 201-205 2008038168 PIA 5 PGS $23.00 JOHNSON,CAROLYN State of North Carolina, 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. *2008038168* 2008038168