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HomeMy WebLinkAboutNCG180090_COMPLETE FILE - HISTORICAL_20180814STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V U& (� GoqD DOC TYPE ❑ HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE apl 16 o16 YYYYM M DD L Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY August 14, 2018 Kellex Corp. Attention: David Ebert, Facility Manager 501 Hoyle Street Valdese, North Carolina 28690 Subject: Compliance Evaluation Inspection Permit: NCG180090 Burke County, North Carolina Dear Mr. Ebert: ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. VINSON, 1R Interim Director Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection I conducted at the subject facility on August 7, 2018. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact me at (828) 296-4500 or by email at Isaiah.reed@ncdenr.gov. Enclosure: Inspection Report Sincerely, Isaiah Reel; CEPSCI, MS, CECI Environmental Specialist Land Quality Section Stale of North Carolina I Environmental Quality I Energy, Minerat and Land Resources 2090 US 70 Highway i Swarrnanoa, NC 28778-8211 828 296 4500 T I Permit: NCG180090 SOC: County: Burke Region: Asheville Contact Person: Donald Gray Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Compliance inspection Report Effective: 10/03/14 Expiration: 08/31/19 owner: Kellex Corp Effective: Expiration: Facility: Kellex Corp (Morganton) 410 Hogan St Morganton NC 28655 Title: Phone: 828-874-0389 Inspection Date: 08107/2018 Primary Inspector: Isaiah L Reed Secondary Inspector(s): Certification: Phone: Entry Time: 02:00PM Exit Time: 03:00PM Phone: 828-2W-4614 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Furniture and Fixtures Stormwater Discharge COC Facility Status: Compliant Not Compliant Question Areas: ® Storm water (See attachment summary) Page: 1 Permit: NGG180090 Owner - Facility: Kellex Corp Inspection Date: 08/07/2018 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: On August 7, 2018 this facility was inspected for compliance. I met with Richard Moore and Darus Leadford on site. No issues were observed during the inspection. However, the facility was not fully active at the time of the inspection. Please contact this office with any questions, 828-296-4614 Page: 2 Permit: NCG 180090 Owner . Facility: Kellex Corp Inspection Date: 08/07/2018 Inspection Type : Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ®❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ® ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? on El ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? El ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? B ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ®❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ ❑ ❑ # Does the Plan include a BMP summary? ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ®❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ®❑ ❑ ❑ # Does the facility provide and document Employee Training? ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? go El ❑ ❑ # Is the Plan reviewed and updated annually? ®❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ®❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ®❑ ❑ ❑ Comment: Qualitative Monitorinq Has the facility conducted its Qualitative Monitoring semi-annually? Comment: Yes No NA NE ® ❑ ❑ ❑ Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ®❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ® ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ®❑ ❑ ❑ Comment: Page: 3 Compliance Inspection Report Permit: NCG180090 Effective: 10/03/14 Expiration: 08/31/19 Owner : Kellex Corp SOC: Effective: Expiration: Facility: Kellex Corp (Morganton) County: Burke 410 Hogan St Region: Asheville Morganton NC 28655 Contact Person: Donald Gray Title: Phone: 828-874-0389 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representalive(s): Related Permits: Inspection Date: 08/0712018 Entry Time: 02:OOPM Exit Time: 03:OOPM Primary Inspector: Isaiah L Reed Phone: 828-296-4614 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Fumiture and Fixtures Stormwater Discharge COC Facility Status: Compliant Not Compliant Question Areas: Siorm Water (See attachment summary) Page: 1 Permit: NCG180090 Owner -Facility: Kellex Corp Inspection Date: 08I0712018 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: On August 7, 2018 this facility was inspected for compliance. I met with Richard Moore and Darus Leadford on site. No issues were observed during the inspection. However, the facility was not fully active at the time of the inspection. Please contact this office with any questions, 828-296-4614 Page: 2 Permit: NCG180090 Owner - Facility:KeliexCorp Inspection Date: 08/0712018 Inspection Type : Compliance Evacuation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? N ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? E ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? 0 ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? E ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? 0 ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ ❑ ❑ # Does the Plan include a BMP summary? 0 ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? E ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? 0 ❑ ❑ ❑ # Does the facility provide and document Employee Training? 0 ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑ # Is the Plan reviewed and updated annually? 0 ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? 0 ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? 0 ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? E ❑ ❑ ❑ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? 0 ❑ ❑ ❑ # Were all outfalls observed during the inspection? N ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ 1:10 ❑ # Has the facility evaluated all illicit (non Stormwater) discharges? E ❑ ❑ ❑ Comment: Page: 3 Environmental Quality August 13, 2018 Ms. Sandra Pena 8909 Clear Springs Road Oak Ridge, North Carolina 27310 ROY COOPER C;overnnr MICHAEL S. REGAN SeMlun, MiCHAFL SCOTT 1)rrecrm Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Pena Property (Sandra) 333 Old US 19-23, Candler Buncombe County Incident Number: 41601 Risk Classification: Low Dear Ms. Pena: The 24-hour reporting form and Notice of Residual Petroleum (NRP) received by the Underground Storage Tank (UST) Section, Division of Waste Management, Asheville Regional Office on March 29, 2018 and August 9, 2018, respectively, have been reviewed. The review indicates that soil and groundwater contamination meet the cleanup requirements for a low -risk noncommercial site under Title 15A NCAC 2L .0202 and .0400, as modified by Session Law 2015-241, but contamination exceeds the limits allowed for unrestricted closure of a site. The UST Section deters -tines the subject incident to be eligible conditionally for no Furiher action status. However, final approval of no further action status is contingent on the filing of the approved NRP with the Register of Deeds in the county in which the release is located, verified by the receipt of a certified copy of the filed NRP by this office; and on receipt of confirmation that public notice requirements have been completed, as described in the following paragraphs. Be advised that, as contamination may exceed the groundwater quality standards established in Title 15A NCAC 21, .0202, groundwater within the area where contamination is present or is expected to migrate is not suitable for use as a water supply. Be advised that as soil contamination may exceed the residential MSCCs, the property containing the soil contamination is suitable only for restricted residential use ("residential" being inclusive of, but not limited to, private houses, apartment complexes, schools, nursing homes, parks, recreation areas and day care centers), as stipulated in the NRP. As groundwater contamination may exceed the groundwater quality standards established in Title 15A NCAC 21-0202, and soil contamination may exceed the residential MSCCS, pursuant to NCGS 143B- 279.9 and 1438-279.1 I, you must file the approved NRP with the Register of Deeds in the county in which the release is located and submit a certified copy to the UST Section within 30 days of receipt of this letter. Asheville Regional Office, 2090 US Highway 70, Swannanoa, NC 28776 An Squal Opper6unity 1 Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper As groundwater contamination may exceed the groundwater quality standards established in Title 15A NCAC 21..0202, and soil contamination may exceed the lower of the residential or soil -to -groundwater MSCCs, public notice in accordance with 15A NCAC 21, .0409(b) also is required. Thus, .within 30 days of receipt of this letter, a copy of the letter must be provided by certified mail, or by posting Ina prominent place, if certified nlail.is impractical, to the local health director, the chief administrative officer of each political jurisdiction in which the contamination occurs, all property owners and occupants within or contiguous to the area containing contamination, and all property owners and occupants within or COIltigLlOUs to rile area where the contamination is expected to migrate. Within 60 days of receiving this letter, this office must be provided with proof of receipt of the copy of the letter or of refusal by the addressee to accept delivery of the copy of the letter or with a description of the manner in which the letter was posted. Interested parties may examine the documents by contacting this regional office and may submit comments on the site to the regional office at the address or telephone number listed below. This conditional No Further Action determination will not become valid until the UST Section receives a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds and until public notice requirements are completed. If you have any questions regarding this notice, please contact me at (828) 296-4500. Sincerely, Caroline E. LaFond, Regional Supervisor Asheville Regional Office, UST Section Division of Waste Management, NCDEQ cc: Buncombe County Health Department Mountain Environmental, Erik Evans: eevans@ nit nenv.com Facility Name: Permit#- Time in/out: Date: Stormwater Pollution Prevention Plan Does the site have a SWPPP? Does the Plan include a General Location (USGS) map? Does the Plan include a "Narrative Description of Practices"? Does the Plan include a detailed site map including outfall locations and drainage areas? Does the Plan include a list of significant spills occurring during the past 3 years? Has the facility evaluated feasible alternatives to current practices? Does the facility provide all necessary secondary containment? Does the Pian include a BMP summary? Does the Plan include a Spill Prevention and Response Plan (SPRP)? Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? Does the facility provide and document Employee Training? Does the Plan include a list of Responsible Party(s)? Is the Plan reviewed and updated annually? Does the Plan include a Stormwater Facility Inspection Program? 'Has the Stormwater Pollution Prevention Plan been implemented? Comments Qualitative Monitoring .Has the facility conducted its Qualitative monitoring semi-annually? Comments Energy Mineral and Land Resources C—AONn ONTAL QUALITY ypS Nn NA NE Yes o NA NE Analytical Monitoring Yes No NA jHas the facility conducted its Analytical monitoring? Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 110 Comments Permit and Outfalls is a copy of the Permit and the Certificate of Coverage available at this site? Were all outfalls observed during the inspection? 'If the facility has representative outfall status, is it properly documented by the Division? Has the facility evaluated all illicit (non stormwater) discharges? Comments and Others Present: IVw^C V,UfVy-I NE B M Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY September 7, 2017 Mr. Bryan Beam Kellex Corporation 101 Government Avenue SW Hickory, NC 28602 ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Dfrector ►: iVE--D SEP 12 2011 CENTR ,L FILES D R SECTION Subject: NPDES Stormwater Permit NCG180090 Kellex Corporation Formerly American Hospitality Furniture, LLC Burke County Dear Mr. Beam: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage 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 or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. Sincerely, for Tracy E. Davis, P. ., CPM, Director Division of Energy, Mineral and Land Resources cc: Asheville Regional Office Stormwater Permitting Program Files Central Files State of North Carolina I Environmental Quality I Energy. Mineral and land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh. North Carolina 276g9-1612 919 707 9200 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG1.80000 CERTIFICATE OF COVERAGE No. NCGI80090 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, Kellex Corporation is hereby authorized to discharge stormwater from a facility located at: Kellex Morganton 410 Hogan Street Morganton Burke County to receiving waters designated as Hunting Creek in the Catawba River Basin; in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV of General Permit No. NCG180000 as attached. This certificate of coverage shall become effective September 7, 2017. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 7, 2017. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission A7,�'a Division of Energy, Mineral & Land Resources Land ualit Section/Stormwater Permittine Quality g NCDENR National Pollutant Discharge Elimination System N G�o��•od.•F�e�o. PERMIT NAME/OWNERSHIP CHANGE FORM ewv�ror�eNr •No N•i,w•� ae3ouACEs FOR AGENCY USE ONLY Date Received Year Month Da I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N G S10 1 1 1 1 N 10 16 1 l 1 8 10 0 19 1 0 II. Permit status prior to requested change. a. Permit issued to (company name): American Hospitality Furniture, LLC b. Person legally responsible for permit: Charles N Hart First Apt 1 Last Manager Title 410 Hogan Street r` Permit Holder Mailing Address Morganton NC 28655 City State Zip 87, (770) 446-5069 ( ) .. it Phone Fax c. Facility name (discharM�qr American Hospitality Furniture, LLC d. Facility address: 111R + 410 Hogan Street Address Morganton NC 28655 City State Zip e. Facility contact person: Charles N. Hart (770) 446-5069 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: b. Permit issued to (company name): c. Person legally responsible for permit: d. Facility name (discharge): e. Facility address: Kellex Corp. Bryan Beam First M I Last Chief Operating Officer Title 101 Government Avenue SW Permit Holder Mailing Address Hickory NC 28602 City State Zip (828) 327-8002 bbeam@kellex.com Phone E-mail Address Kellex Mor anion 410 Hogan Street Address Morganton NC 28655 City State 'Lip f. Facility contact person: Donald Gray First A9I Last (828) 874-0389 dgray@kellex.com Phone E-mail Address IV-. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 o I +VIr NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: First MI Last Title Mailing Address City State Zip 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. ❑ 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 request. Articles of incorporation are not sufficient for an ownership change. 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 aflame change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, Charles N. "Nick" Hart, attest that this application for a name/ownership change 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 and that if all required supporting information is not included, this application package will be returned as incomplete. Signature APPLICANT CERTIFICATION Date I, Bryan Beam, attest that this application for a name/ownership change 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 and that if all required supporting information is not included, this application package will be returned a iTete,) 3-4-r7 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 memo To: Division of Energy, Mineral and Land Resources From: Kellex Corporation Date: July 20, 2017 Re: Transfer of Stormwater Permit Comments: The owner of the property is Maylenia, LLC, a North Carolina limited liability company. However, the facility will operate under the name of Kellex Corporation. 2017002165 B2282 - P313 Page 1 of 4 Tax Lot No. Verified by by Mail after recording to: Excise Tax $2,400.00 Parcel Identifier No. 2703569030 County on the day of FOR REGISTRATION REGISTER OF DEEDS Stephanie A. Norman March 10,rke 2017 01Y: 50 23 PM Book 2282 Page 313.316 FEE. $26,00 NC REVENUE STAMP; $2,400.00 INSTRUMENT # 2017002165 Recording Time, Book and Page This instrument was prepared by H. Dockery Teele, Jr., Esq., 122 West Union Street, Morganton, NC 28655 Brief Description for the index 28.17 Acres — Hogan Street NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this, day of February, 2017, by and between GRANTOR FURNITURE STREET 60, LLC, a North Carolina limited liability company 351 King Road, NW Atlanta, Georgia 30342 GRANTEE MAY'LENIA, LLC, a North Carolina limited liability company 501 Hoyle Street Valdese, North Carolina 28690 Enter in appropriate block for each party: name, address, and if appropriate, character of entity, e.g., corporation or partnership. 2017 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a 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 that certain lot or parcel of land situated in the City of Morganton, Burke County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein. 2017002165 B2282 - P314 Page 2 of 4 The property hereinabove described was acquired by Grantor by instrument recorded in Book 2186, Page 467-470, of the Burke County, North Carolina Registry. All or a portion of the property herein conveyed does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book Page of the Burke County, North Carolina Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the 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, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the exceptions listed on Exhibit B attached hereto and incorporated herein. IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be signed by its duly authorized Manager by authority of its sole Member, the day and year first above written. FURNITURE STREET 60, LLC a North Carolina limited liability company Y Charles N. Hart, Manager State of &CDM la - County of 1, the undersigned Notary Public of the County and State aforesaid, certify that Charles N. Hart personally came before me this day and acknowledged that he is the Manager of Furniture Street 60, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instru ent in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _. day of February, 2017. My Commission Expires: 1111111 (Affix Stamp or Seal) .,Q 5 NR 1�q Notary's Printed or Typed Name ,• ��� �� �� � do•1. JMWMW ►106�9 �a�� i't, 2017002165 B2282 - P315 Page 3 of 4 EXHIBIT A Legal Description of the Property Beginning on a railroad spike set in the centerline of Church and Hogan Street a new line and runs South 18 degrees 05 minutes 40 seconds East for a distance of 469.23 feet to a point In the centerline of Hogan Street, Thence continuing with the centerline of Hogah Street a new line the fallowing courses and distances: South 18 degrees 48 minutes 23 seconds East for a distance of 200.75 feet to a point, South I8 degree, 21 minutes 45 seconds East for a distance of 14633 feet to a point, South 22 degrees 37 minutes.29 seconds East for a distance of 21431 feet to a point, South 25 degrees 51 minutes 37 seconds East for a distance of 27932 feet to a railroad spike set in the centerfe of Hogan Street and Fleming Drive, Thence running with the centerline of Fleming Drive a new line the following courses and distances 699.96 feet along the arc of a curve to the right, having a chord bearing of South 88 degrees 13 minutes 02 seconds West, a chord distance of 658.70 feet, a tangent distance of 398_SO feet, and a radius of 595.04 feet to a point in the centerline of Fleming Drive, North 55 degrees 40 minutes 18 seconds West for a distance of 404.03 feet to a point, North 61 degrees 44 minutes 38 seconds West for a distance of 120.07 feet to a point, North 73 degrees 16 minutes 21 seconds West for a distance of 131.67 feet to a point; Thence leaving the centerline of Fleming Drive North 67 degrees 44 minutes 21 seconds West for a distance of 140.00 feet to a I inch Iron pipe set; thence North 67 degrees 44 minutes 21 seconds West for a distance of 657.03 feet to a railroad spthe set In the centerline of the Southern Railroad tracks, Thence running with the centerline of the Southern Railroad tracks the following courses and distances North 44 degrees 29 minutes 45 seconds East for a distance of 147.62 feet to a raffr ad spike set in the'centerline of the railroad tracks in the place of the 76 corner of Deed Book 533, Pages 297-307, North 50 degrees 41 minutes 15 seconds East for a distance 30631 feet to a 1 Inch iron pipe set, SO corner of Deed Book 333, Pages 297-307, North 60 degrees 17 minutes 05 seconds East for a distance of 3SC62 feet to a railroad spike set, " corner of Deed Book $33, Pages 297-307, North 69 degrees 18 minutes 55 seconds East for a distance of 234.08 feet to a cotton gin spike set, 101h corner of Deed Book 54 Pages 297-307, North 76 degrees 38 minutes 45 seconds East for a distance of 247,22 feet to a railroad spike set, I1'h corner of Deed Book 533, Pages 297-307, North 81 degrees 39 minutes 05 seconds Fast for a distance of 258.11 feet to a Bottom gin spike set, 12" earner of Deed Book 533, Pages 297-M, North 82 degrees 12 minutes 25 seconds Est for a distance of 120.52 feet to a I Inch iron pipe set, 13a corner of Deed Boric 533, Pages 297307, Thence leaving said railroad tracks South 18 degrees 05 minutes 40 seconds East for a distance of 5117 feet to The Point of Being, Containing 33.76 acres as shown an an unrecorded plat by Saltles Surveying; P A Detect 18 June 1996 map file number 12077A2, and being the property known as Plant #60 Leas and Except all of Lot 2 as shown ou Plat Book 40, Page 89 of the Burke County, North Ca Wna Registry. 2017002165 B2282 - P316 Page 4 of 4 EXHIBIT B Permitted Encumbrances l . Taxes for the year 2017, and subsequent years not yet due and payable. 2. Easement(s) in favor of Southern Railway Company as recorded in Book Z, Page(s) 461 of the Burke County Registry, reference being made to the records thereof for the full particulars. 3. Easement(s) in favor of Southern Bell Telephone and Telegraph Co., as recorded in Book C4, Page(s) 227 of the Burke County Registry, reference being made to the records thereof for the full particulars. 4. General Permit in favor of Southern Bell Telephone and Telegraph Company as recorded in Book 60, Page(s) 101 of the Burke County Registry, reference being made to the records thereof for the full particulars. 5. Easement(s) in favor of Duke Power Company as recorded in Book 117, Page(s) 578 of the Burke County Registry, reference being made to the records thereof for the full particulars. 6. Right(s) of way in favor of Duke Power Company as recorded in Book 275, Page(s) 163 of the Burke County Registry, reference being made to the records thereof for the full particulars. 7. Easement(s) in favor of the City of Morganton, as recorded in Book 433, Page(s) 57; and Book 649, Page 28, all of the Burke County Registry, reference being made to the records thereof for the full particulars. 8. Easement(s) in favor of the State Highway Commission as recorded in Book 417, Page(s) 200 of the Burke County Registry, reference being made to the records thereof for the full particulars. 9. Notice as recorded in Book 1495, Page(s) 900 of the Burke County Registry, reference being made to the records thereof for the full particulars. 10. Easements, Setback Lines, and any other facts shown on that Plat in Book 7, Page(s) 59 and 63; and Book 13, Page 55, all of the Burke County Registry, reference being made to the records thereof for the full particulars. 11. Lease by and between Drexel Enterprises, Inc., Lessor, and Duke Power Company, Lessee, recorded in Book 352, Page 185, of the Burke County Registry, reference being made to the records thereof for the full particulars. Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting NCDENRNational Pollutant Discharge Elimination System R H,� Uo �� o. Ew"PERMIT NAME/OWNERSHIP CHANGE FORM �vorvMenT ,wo ivuwu. [�ainces FOR AGENCY USE ONLY Date Received Year Month Da I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C. 19101 1 1 1 17 F_N 10 101 1 1 8 1 0 1 0 19 1 0 11. Permit status prior to requested change. a. Permit issued to (company name): American Hospitality Furniture, LLC Person legally responsible for permit: Charles N Hart First Ml Last Manager _ Title 410 Hogan Street Permit Holder Mailing Address J� Morganton NC �28655 i./ City State Zip DENS e��J�► ,v44 'q c. Facility name (dischar �T d. Facility address: ` e. Facility contact person: (770) 446-5069 ( } Phone Fax American Hospitality Furniture, LLC _ 410 Hogan Street Address Morganton NC 28655 City State Zip Charles N. Hart First / MI / Last 446-5069 Phone IIL 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: b. Permit issued to (company name): Kellex Corp. c. Person legally responsible for permit: Bryan Beam First Ml Last Chief Operating Officer Title 101 Government Avenue SW Permit Holder Mailing Address Hickory NC 28602 City State Zip (828) 327-8002 bbeam@kellex.com Phone E-mail Address d. Facility name (discharge): Kellex Morganton e. Facility address: 410 Hogan Street _ Address Morganton NC 28655 City State Zip f. Facility contact person: Donald Gray First Ml Last (828) 874-0389 dgray@kellex.com Phone E-mail Address IV,. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 c"e, NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: First Mt Last Title Mailing Address City state Zip 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. ❑ 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 request. Articles of incorporation are not sufficient for an ownership change. 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 Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Charles N. "Nick" Hart, attest that this application for a name/ownership change 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 and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION 1, Bryan Beam, attest that this application for a name/ownership change 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 and that if all required supporting information is not included, this application package will be returned a inc plete. 3-r�-r7 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Rcwiecrl .Ion 97 'N11d FTWA IRCDEWR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Nick Hart American Hospitality Furniture, LLC 410 Hogan Street Morganton, NC 28655 Dear Mr. Hart: Donald R. van der Vaart Secretary August 24, 2015 Subject: NPDES General Permit NCG180090 American Hospitality Furniture, LLC Formerly Heritage Home Group, LLC Certificate of Coverage NCG180090 Burke County Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage 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 or need further information, please contact the Stormwater Permitting Program at (919) 707-9220, Sincerely, ORIGINAL SIGNED BY BETHANY GEORGOULIAS for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Asheville Regional Office Stormwater Permitting Program Files Central Files Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hUp:l/Portal.ncdenr.org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG180000 CERTIFICATE OF COVERAGE No. NCG180090 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, American Hospitality Furniture, LLC is hereby authorized to discharge stormwater from a facility located at: American Hospitality Furniture, LLC 410 Hogan Street Morganton Burke County to receiving waters designated as Hunting Creek in the Catawba River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1,1I, III, and IV of General Permit No. NCG180000 as attached. This certificate of coverage shall become effective August 24, 2015. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 24, 2015. ORIGINAIL SIGNED BY BETHANY GEORGOULIAS for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission iI—cs"I'bVU"lv , ALE WWAA NC®ENR f4 rt CAnouru Dc 'm 7 or EHv,�w -D Nuw R[soun Division of Energy, Mineral & Land Resources Land Quality SectionlStormwater Permitting National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month Day 1. Please enter the permit number for which the change is requested. /-ncc'1g���a NPDES Permit (or) Certificate of Coverage N G S O N C G_ 0 1 0 1 0 1 2 3 18 11. Permit status pfiaE to requested change. I&Vu41YL a. Permit issued to (company name): Heritage Home Group, LLC b. Person legally responsible for permit: David __ E Stout First MI Last Director Of Environmental Compliance �OV Title 815 Visionary Street �/N Z Permit Holder Mailing Address apENR. 6 '8 • D Lenoir NC 28645 88 FF (828)759-8510 �pFR o�,R� tty State ( ) Zip Phone Fax c. Facility name (dischar e): Drexel Heritage Furniture d. Facility address: 410 Flogan Street Address Morganton NC 28655 City State Zip e. Facility contact person: David Stout (828) 759-85I0 First 1 Ml / Last Phone Ill. 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: b. Permit issued to (company name): c. Person legally responsible for permit: 404 d. Facility name (discharge): �r^e �_k� e. Facility address: American Hospitality Furniture, LLC Nick Hart First MI Last Manager Title 410 Hogan Street Permit Holder Mailing Address Morganton NC 28655 City State "Zip 995-1910 nhartphartmiller.com Phone E-mail Address American Hospitality Furniture, LLC 410 Hogan Street Address Morganton NC 28655 City State Zip f. Facility contact person: Nick Fiart r� First Ml Last G � (404) 995-1910 nhart@hartmiIIer.com Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 ti NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: Nick Hart First MI Last Manager Title 410 Hogan Street Mailing Address Morganton NC 28655 City State Zip (404) 995-1910 nhart@hartmiller.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. ❑ 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 request. Articles of incorporation are not sufficient for an ownership change. 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 Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, David Stout, attest that this application for a name/ownership change 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 and that if all required supporting information is not included, this application package will be returned as incomplete. Signature APPLICANT CERTIFICATION Sz �/� Date 1, Nick Hart, attest that this application for a name/ownership change 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 and that if all required supporting information is not included, this application package will be returned as incomplet . s Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 Excise Tax T I M .00 JUN 2 6 2015 1� Retarding Time, Book and Pago Tax Lot No, 1101SU403cb Parcel identifer No. Verified by County on the day of 2015 by Mail after recording to: H. Dockery Teele, Jr,, EN.,122 West Union Street, Morganton, NC 28655 This histrument was prepared by Husch Blackwell LLP, 4801 Main Street, Suite 1000, Kansas City, MC 64112 Btief Description for the index 29,92 Acres — Hogan Street NORTH CAROUNA SPECIAL WARRANTY DEED THIS DEED made this 16 "'Day of May, 2015, by and between GRANTOR GRAIITEH HHG Real Property LLC, a Delaware Furniture Street 60, LLC, a limited liability company Nortb Caroling 11mitcd liability company 1 North Brentwood Boulevard, 7'6 Floor 410 Hogan Street Saint Louis, Missouri 64105 Morganton, NC 28655 Bnw b nppi Male black rot tech partr name, and, ireppn*oR dil mlor nfonlity, a.g„ oarpontion or parlw6iµ Tho designation Grantor and Grantee as used heroin shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNUSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby aclnzowledgtd, has and by these presents does grant, bargain, sell and convey unto tine Grantee in fee simple, all that certain lot or parcel of land situated In cite City of Morganton, Burke County, North Carolina and more particularly .described as follows: See 'bit attached hereto and incorporated herein, The property hereinabove described was acquired by Grantor by instrument recorded in Book: 2140, Page 142, of the Dunce County, North Carolina Registry. All or a portion of the property herein conveyed does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 40, Page 89 of tho Burke County, North Carolina Registry, TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to die Graatec in fee simple, And the 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 tbrough Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the exceptions listed on Exhibit B attached hereto and incorporated herein IN WPINESS WHEREOF, the Grantor has hereunto caused this instrument to be signed by its duly authorized representative by authority of its sole Member, the day and year first above written. I -MG REAL PROPERTY LLC, a Delaware limited Lability company By: Name: ocr i ,•n,r aegtr Title; VP ceft State of ijinM -County or City of S+. Lr, S4 i5 My Commission Expires: (Affix Stamp or Seal) I, the undersigned Notary Public of the County or City and State aforesaid, certify that onally came before me this day and acknowledged that he is the i of HHG Real Property LLC, a Delaware lirttited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its mama on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this* day O"ett 1 _ _ .2015. 1 Notary Public Notary's Printed r Typed Name MARIA E. MAh11314RE KOHRS Notary Public • Notary Seat STATE OF IVUSSOURI . Louis My Commission Expirm April20, 2016 Commission # 12413728 BILL OF SALE For good and valuable consideration, the receipt of which is hereby acknowledged,l-IHG REAL PROPERTY, LLC {"Seller"), does hereby sell, transfer, assign, and convey to AMERICAN HOSPITALITY FURNITURE, LLC ("Buyer") that certain tangible and -intangible personal property described on Exhibit "A" attached hereto (the "Personal Property"), which Personal Property is located on that certain real property situated in Morganton, Bunke County, North Carolina, and legally described on Exhibit "B".attached hereto (the "Real Property"). TO HAVE AND TO HOLD in fee simple the same unto Buyer, its successors and assigns, forever,.from and after the date hereof. Seller conveys the Personal Property to Buyer pursuant to this Bill of Sale free of any Hens or encumbrances, in its as -is, where -is condition. Except as set forth in this Bill of Sale, this Bill of Sale is made without warranty or representation by the Seller and without recourse to s Seiler in arty manner whatsoever. IN WnWESS WHEREOF, the undersigned has executed this Bill of Sale as of the Moll day of /V4 , 2015. SELLER: HHG Real Property, LLC By: Name -.— Title: VIP Zvi of �-twc KCP4587800-2 EXHIBIT A Legal Description of the Property Barka Coormty, North Carolina Boginaing on a ralka'ad spike. set in the oenterline of Church and Hogan. Street a new line anA runs Saitth 18 depeon 08 minutes +40 socoada Rest for a distance of 469.23 fact to i point In the oontedine of How Street, Thence continuing with the couteorlino of Hogan Street a now line the tollowing covmes and distaaoer. South 18 degrees 48 minutes 28 seconds Bast for a distance of 200.78 feet to a point, South 10 degrees 21 miauLos 48 $acands Raet for a distance of 146,53 feat to a point, South 22 degrsoa 37 mlautoo 29 secoub Rant for a-distanee of 214,S1, feat to a point, South 28 -dogroes 61 Minutes 37 seconds Pact for a distance of 179.32 toot to a railroad spike, sot In the conterllne of Began Street said Fleming Dsive, Thoaoe rttnbing with the oontesline of MmJzg Drive a new lino the-fottorwlng aounwo and. distance@ 699.96 feet aloxg the arc of a curve to the right, havlaz a chard bearing of south 88 dsgxsea+ 13 saEnu#be 02 seconds West, a chard distance of 6758.70 toot. a tangent dlebmea of 399.60 f*ot, and a radius of 586.04 feet to a point in the eamtedlue of'PlamingArlvo, North 53 degrees 40 minutes 18 seconds West for a distanxm of 404.0i3 ,feet to a point, North 61 degrees 44 s2lautes 36 s000nds Went for a distaaae of 12047 feet to a point, North 73 degms 18 minutes 21 seconds Weft tot a dlritanoe of 1.31.67 feat to a point; thence leaving the aenterliue of Yloming Arivo Borth 67 defies 44 minutes 21 sevobnds worst lox a distanas of 146.00 feet to.a 1 inch iron papa sett thence 3 ofth 67 dagxeas 44 nflautea 21 seoravAs lI mt for a distance of 657.03 foot to a railroad spike set In the centerline of the Southern Railroad tmaks, Thance canning with the centsxtiue of Me 8outheru Railroad trooke the following aotrrsa8 and 4lstaa0e8 Nara& 44 depaes 29 minutes 46 second& XW for a distaaos of 147.62 to a=aamd spike set Im'tiie'oa arliito allic '"'ftaola iri tko p oo of the 7t orisaer of eed'Bopk M, Pages 297-307, Forth 80 degrees 41 minutes 16 seaoiads Bast fur a distance of aW.31 fast to it 1 inch iron Vigo aot, I Ith corner. of Dead Books WS, rages 207-307, Borth 60 dsgraea IT sninutea 09 seconds Zwd for a d#atance of 3SO.42 abet to a railroad aplka set, 9rh cornex of Deed Noah $33, Pages 297-W7, Worth 69 degrees '18 minutes 85 seecads Rest for a diets ee ar234.08 feet to a ootton giu sppm sot,10th corner of Deed Back 833, Pages 297-307, Nara 75 4"reen 88 minutes 45 seconds East for a 41istadae of 247.22 feat to a Wiroad spike sot, IIth comet of hood Book 533, Pages 297-M, North 81 degrees 39zdaztes 08'seoaada Nast (at a digtsace of 266.11 toot to a cotton gin spike set, 12th cornea of Deed Book 638, Pages 297407, Worth 82 degrees 13 minutes 2B seconds But for a dia►tande of 120.52 toot to a 1 iuch iron pipe set, 13th carnor of Dood Book 533, Pages 297.807, Thence leaving said railroad tracks South 1$ degrees 06 minutes 40 seconds test for a distance of 52.17 feat to the Point of BegiuM jm& Containing M76 twos as shomA on an uoxemded plat by BMxttles 8urvoylsigl P A Vated ISJune 1996 map Ste number 12077.A2, and beiW the propottyknowa as Plant f50 Less agd Except ail of Lot 2 as shown on Plat Book 40, Page 89 of the Purina County, Rort% QwQljna Rogistry. EXHIBIT A TO BILL OF SALE Description of Personal Protrerty Plant 60 - List of Equipment - Items currently at the facility 2 Spill Kits 11 Fire extinguishers on wheels 5 Spray Pots:- glaze -booth 6 12 Spray Pots - Lacquer -booth 12 7 Spray Pots - Rol Stain/paint 3 10 Spray Pots - booth overall staitdEnamel 1 7 Spray Pots - booth sealer 7 8 Spray Pots - booth shade 9 2 Spray Pots off line sealer booth 1 Spray Pot off line top coat booth 11 Spray booths - main finishing I Off line sealer booth 1 Off line top coat booth 2 Stainless steel day tanks 2 Day tanks for thinner 6 Wall mount pumps - oil house (bulldogs) 4 Wall mount pumps - oil house (hydraulic) y 5 Barrel pumps I Finishing conveyor and drive motor 2 Finishing pallets 1 Overhead transfer conveyor 1 150 HP air compressor 2 75 HP air compressor 1 25 I-W air compressor for boiler 1 oil boiler 1 wood boiler I wood grinder hog 1 oil boiler fuel tank - 20,000 gal 1 suction system I Grecon, spark detection 1 Spray booth old muck up 4 Spray booths (old Henredon room) 1 Overhead rub machine KU-4587800.2 e 8 1 1 1 1 2 2 3 6 45 7 14 9 33 5 3 2 4 1 1 1 1 1 Hyster 50 fork lift Electric Skyjack scissor lift Dust trailer (1 wlhydraulic moving floor) Tractor w/bush hag (mower) and front scoop (front end loader) Hyster 25 Electric Barrel Lift Hydraulic pallet jacks Horizontal cutting saw 114V Drill Press Dake hydraulic press for boiler bearings Dayton wire feed welder 300 lb propane tanks for wood and oil burner Step ladders Cardboard Barrels w/straw and push brooms Low bodied flat hand pulled finishing transport carts Plastic pallets - 47" x 39" Small metal trash bins Small assembly work carts Plastic haul buggies 33 Gallon trash containers Two wheel barrel hand dollys Barrel lay downs wheel band dollys wheel shop trucks diesel fuel tank gas fuel tank Security System Lot - Office Furniture (excluding personal items and R. Moore's office) Sample Viewing Room Items not currently at facility but to be returned by Seller prior to Closing 1 Hyster or Caterpillar squeeze lift 1 Box blade for tractor YU-4587IM-2 EXHIBIT B TO BILL OF SALE Description of Real Estate Burke cc", North Carolina Boginrdn an a rallxaad sp£ko set in the oenterline of Church and Sagan 8troot a new tins and runs South 18 dagreos 08 mb=tco 40 seconds Kant for a distanae of "9.23 feet to a polut In the eentorline of Hogan 8troat, Thence continuing with the waterline of Mogan 8traat a new fine the gollowisig courses and distances; south 18 deps0s 48 minutes 23 rtacoads ]fast for a distance of 200.7a feet to a point, South 18 dogreas 21 m3antea 46 +seconds Emit for a distance of 146.83 fast to it point, South 23 dogma 37 Miautas 29 seconds Bast for a c L oe of 224%41 foot to a point, Borth 29 -dogma 61 minutes 37 seconds Last for a dtstAnoe of 379.32 foot to u =Hroad opine set to the oantcMna of Mogan Street and Floming Drlve,Thence t=nl»gwith the amtorline of Morning Ddve a now line the•fallawing courses and distancess 699.96 foot along the aso of a curve to the tight, having a chord boating of. South 88 dograw 13 adnates 02 soconda West, a chord M,7 distance of 60 feet, a tangent distance of 398.00 foot, and it radius of 583.04 feet to a point is the centarlim of Piemlog live, Ranh 38 degmaa 40 duties 18 Peconda West for a distance of 404,03 feet to a point, North 61 degrees 44 sninutom 38 soamb Vag for a distance of 120.07 teat to a point, North 73 dogma 16 tnlnateo 21 seconds *oat for a distance of 131.67 feat to a point; Thencs leaving the c uterline of 3ftetaiag Dtiva Notch 67 dogroes 44 mtnutea 21 secon s; West fat o. distance of 140.60 teat to a 1 htah icon pipe astj thence Borth 6.7 dogmas. +44 minutes 21 seconds Woot for s dietauce of 687.03 foot to a railroad spike set in tho oenterBae of the Soutlitm Railroad tmok s, Thence r+uudng with the aeaatekliae of tlw 8oathtetu Rtttlroad tzmalw the follotiving oou eas and distaM048 North 44 dsgroes 29 minutes 48 eeconds P"t for a distance of 147.62 to a railroad epiho aet'iri tiiti'cea�iitte'of�Eite'zaiiirceid�'aa�sei iti'EFid �l'arrs� �tb,e 7fti cai�iar'of'13eed'�ock' 333, Pages 297-W7, Notch 80 degrees 41 minutee 15 esa"do Bast for m dlstasroe of 306.si, foot to a 1 notch ftox pipe sot, I1th comer of Deed Book WS, Pages 2011.301, North 6G dasmos 17 m invite+s'08 secov& Cast for a distance or 38$.69 Peet to s railroad elrlke set, Sth carder of Deed Boots 833, Paged 297.30t. North 69 dogtos 18 mivatos 8d saocfe But for a distance of 234.03 feet to a colton splM oat, loth corner of Dead Boots 9331. pages 297-807, awth 76 degrees 88 .motes 46 seconds gaox for a dldvm*o of 247.22 feat to a raUT=d spike set,11th corner of Deed Sao% $33, Pages 297-Mi North 81 degrees 30 minutes 06 seconds Boat for a distanae of 26M1 feet to a notton gin ejlke set, 12th corner of 31"d Book 633, Pages 297.807, North 82 dues 12 minutes 28 seconds East fair a d3atsuaao of 12012 faot to a i inch irons pipa met, 1M corner of Dea4 Book 833, Pages 297.307, Theme leaving maid railroad tracks south 19 dageees 06 mbuxtes 40 mec=4z Rant Vu a distance of 52.11 lost to The Point of Beginning, CoMaintug 83.76 hakes as ahovm ant sm iaiuccorded plat by Ruittlos Sur0y{IIg; P A hated 1 R Jvme 19H map We number 12O77A3, and being the properly Imawn as lE']mt f80 Lamm and Hzeept all of Lot 2 as shown on Mt Nooim 40, Pogo 59 of the Surko Co'uxtp, North Carolina Registry. KCP-4597900-2 34 . ._. EXHIBIT B Permitted Encumbrances 1. Taxes for the year 2015, and subsequent years not yet due and payable. 2. Rights, interests, or claims of parties in possession of the Land not shown by the Public Records. 3. Easement(s) in favor of Southern Railway Company as recorded in Book Z, Page(s) 461 of the Burke County Registry, reference being made to the records thereof for the full particulars. 4. Easement(s) in favor of Southern Bell Telephone and Telegraph Co., as recorded in Book C4, Page(s) 227 of the Burke County Registry, reference being made to the records thereof for the full particulars. 5. General Permit in favor of Southern Bell Telephone and Telegraph Company as recorded in Book 60, Page(s) 101 of the Burke County Registry, reference being made to the records thereof for the full particulars. 6. Easement(s) in favor of Duke Power Company as recorded. in Book 117, Pages) 578 of the Burke County Registry, reference being made to the records thereof for the full particulars. 7. Right(s) of way in favor of Duke Power Company as recorded in Book 275, Page(s) 163 of the Burke Comity Registry, reference being made to the records thereof for the full particulars. 8. Easement(s) in favor of the City of Morganton, -as recorded in Book 433, Page(s) 57; and Book 649, Page 28, all of the Burke County Registry, reference being made to the records thereof for the full particulars. 9. Easement(s) in favor of the State Highway Commission as recorded in Boole 417, Page(s) 200 of the Burke County Registry, reference being made to the records thereof for the full particulars. W. Notice as recorded in Book 1495, Page(s) 900 of the Burke County Registry, reference being made to the records thereof for the full particulars. 11. Easements, Setback Lines, and any other facts shown on that Plat in Book 7, Page($) 59 and 63; and Book 13, Page 55, all of the Burke County Registry, reference being made to therecords thereof for the full particulars. 12. Lease by and between Drexel Entrprises, Inc., Lessor, and Duke Power Company, Lessee, recorded in Book 352, Page 185, of the Burke County Registry, reference being made to the records thereof for the full particulars. } AjAp NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 24, 2015 RECEIVED AUG 2 6 2015 Mr. Nick Hart American Hospitality Furniture, LLC CENTRAL FILES 410 Hogan Street DWR SECTION Morganton, NC 28655 Subject: NPDES General Permit NCG180090 American Hospitality Furniture, LLC Formerly Heritage Home Group, LLC Certificate of Coverage NCG180090 Burke County Dear Mr. Hart: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage 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 or need further information, please contact the Stormwater Permitting Program at (919) 707-9220, Sincerely, for Tracy E. Davi , E., CPM, Director Division of Energy, Mineral and Land Resources cc: Asheville Regional Office Stormwater Permitting Program Files Central Files Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:tiportal.ncdenr.org/web/Ir/ An Equal Opportunity l Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG180000 CERTIFICATE OF COVERAGE No. NCG180090 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, American Hospitality Furniture, LLC is hereby authorized to discharge stormwater from a facility located at: American Hospitality Furniture, LLC 410 Hogan Street Morganton Burke County to receiving waters designated as Hunting Creek in the Catawba River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III, and IV of General Permit No. NCG180000 as attached. This certificate of coverage shall become effective August 24, 2015. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 24, 201 for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission 'I C6,- / 0 v q 0 7 Division of Enemy, Mineral & Land Resources !' Land Quality Section/Stormwater Permitting ' NCDENRNational Pollutant Discharge Elimination System N C.AoDNIUU�.ESry PERMIT NAME/OWNERSHIP CHANGE FORM Ervvipor+merrt wrvo Nalir+w_ RCsaipCes FOR AGENCY USE ONLY Date Received Year Month Day c� I goo qaI. Please enter the permit number for which the change is requested. N1'DES Permit (or) Corti licateofCoverage N C ;S 0 N C C 0 1 0 1 0 1 2 1 3 1 8 9'04" II. Permit status >> t a to requested change. a. PCI'1111t issued to (company name): Heritage Home Groin), LI.0 b. Person legally responsible for permit: David E Stout C. d. Facility address: e. Facility contact person: First M1 Last Director Of Environmental Compliance Title 815 Visionary Street Permit Holder Mailing Address Lenoir NC 28645 City State Zip (828) 759-8510 ( ) Phone Ian Drexel Heritage Furniture 410 Hogan Strect Address Morganton NC 28655 City State Zip David Stout (828) 759-8510 First I M l I Last Phone Ill. 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 /W,O IV. Revised Jan. 27, 2014 If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit American Hospitality Furniture, LI.,C Nick ]-fart First M I Last manager Title 410 I-logan Street Permit I lolder Mailing Address Morganton NC 28655 City Statc zip (404) 995-1910 nhart i harimiller.com Phone E-mail Address d. Facility name (discharge): �� American Hospitality Fur•nitnre, LLC e. Facility address: a 410 Hogan Street Address Morganton NC 28655 Cite State zip f. Facility contact person: Nick Hart first MI Last (404) 995-1910 nhart rr hartmiIler.coin Phone E-mail Address Permit contact information (if different from the person legally responsible for the permit) NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit. contact: Nick Hart First mi last Manager Title 410 Hogan Sirect Mailing Address Morganton NC 28655 City State Zip (404) 995-1910 nhartrr har-tmiller.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) V1 Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE Oil MISSING: Fj This completed application is required for both name change and/or ownership change requests. ❑ Legal doenrnerltatiotl of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below 1111.1st 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 Applicant's Certification is suffrcient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, David Stout, attest that this application for a name/ownership change 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 and that if all required supporting information is not included, this application package will be returned as incomplete. S ignature Date APPLICANT CERTIFICATION I, Nick Hart, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of, my knowledge. I understand that if all required parts ol'this application are not completed and that if all required supporting information is not included; this application package will be returned as incomplet Gam✓ s -?� s Signature Date PLEASE, SEND THE COMPLETE APPLICATION PACKAGE TO: Division of I-Lnergy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27. 2014 Excise Tax S 162t) .'O Tax Lot No. J'7o J5003o Parcel IdentiGerNo, _ Veriltedby County on the by day of -%- �LrRRfln � rJUN 2 s �2015 , #j Mail after recording to:11• Dockery Teele, Jr„ Esq., 122 West Union Street, Morganton, NC 28655 This instrument was prepared by Husch Blackwell LLP, 4801 Main Strect, Suite 1000, Kansas City, MO 64112 Brief Description for the index 29.92 Acres — Hogan Street 2015 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this 8 Day of May, 2015, by and between GRANTOR GRANTEE HHG Real Property L.LC, a Delaware Furniture Street 60, LLC, a limited liability company North Carolina limited liability company I North Brentwood Boulevard, 7'h Floor 4 10 Hogan Street Saint Louis, Missouri 64105 Morganton, NC 28655 Pnror in RPPropdaro l loen; for each pasty. name, nddnw, ond, it eppropriete, rllnrReref of entity, o,e, m porelion or padner6ip, The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETEI, that the Grantor, for a valuable consideration paid by die 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 that certain lot or parcel of land situated in tine City of Morganton, Burke County, North Carolina and more particularly .described as follows: See Exhibit A attached hereto and incorporated herein. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2140, Page 142, of the Burke County, North Carolina Registry. All or a portion of tiie property herein conveyed does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 40, Page 89 of the Burke County, North Carolina Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the. 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 clairns of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the exceptions listed on Exhibit H attached hereto and incorporated herein. IN W1 r NLESS WHEREOF, the Grantor has hereunto caused this instrument to be signed by its duly authorized representative by authority of its sole Member, the day and year first above written. HHG REAL PROPERTY LLC, a Delaware limited liability company By: Name: Title: VP ea / ft State of ft'sSou c--T _ - County or City of 'S'+- Lr) c_.L � 3. 2my Commission Expires: (Affix Stamp or Seal) 1, the undersigned Notary Public of the County or City and State aforesaid, certify that e onally came before me this day and acknowledged that he is the (?or p bri,JLr �i npnaof HHG Real Property LLC, a Delaware limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its bahalf as its act and deed. Witness my hand and Notarial stamp or seal, this is day otLil/ ar 1 2015. O-A,at 11tt G YY1G_lal , Notary Public Notary's Printed r Typed Name �,ra.d.c.aDKOHRS MARIA E. MANGIORE Notaryry Public - NotaryrySTATE OF MISSOUSt. Louis County y Commisslon Explm3: ApCommission # 12413 BILL QP SALE For good and valuable consideration, the receipt of which is Hereby acknowledged, I-IHG REAL PROPERTY, LLC ("Seiler"), does hereby sell, transfer, assign, and convey to AMERICAN HOSPITALITY .FURNITURE, LLC ("Buyer") that certain tangible and -intangible personal property described on Exhibit "A" attached hereto (the "Personal property"), which Personal Property is located on that certain real property situated in Morganton, Burke County, North Carolina, and legally described on Exhibit "B" attached hereto (the "Real Property"). TO HAVE AND TO HOLD in fee simple the same unto Buyer, its successors and ! assigns, forever,.from and after the date hereof. Seller conveys the Personal Property to Buyer pursuant to this Bill of Sale free of any Hens or encumbrances, in its as -is, where -is condition. Except as set forth in this Bill of Sale, this Bill of Sale is made without warranty or representation by the Seller and without recourse to Seller in arty manner whatsoever. IN WITNESS WHEREOF, the undersigned has executed this Bill of Sale as of the day of /1141 2015. SELLER: HIIG Real Property, LLC By: Name;/%�••� ��9e✓ Title: �v 6L., rc►h KCP4587800-2 EXHIBIT A Legal Descri tion of the Property $uYke Covmty, north Carolina Beginning on a railroad spike set In the centerline of Church and Hogan Street a new Una and rung 8otyth 18 dogrreoe 08 minutes 40 seconds Bast for a distanoe of 469.23 feet to a point In the conterline of Hogan Strcat, Thence continuing with the ceutorrllne of Hogan Street a now line the following courses and distances: South 18 degrees 48 raiautea 23 seconds Salt for a diatance of 200.75 feet to a pofut, South. 18 degrees 21 minutes 46 seconds Sant for a distsnae of 146;33 Poet to a point, South 22 dogreos 37 minutoa 29 seconds East for s diataaov of 214.31 toot to a point, South 29 dagrass 61 minutes 37 seconds East for a distance of 279.32 leot to a railroad spiico sat in the oenterline of Rogan Street and tr10 ►lug.Drivo,, Thence running with the centerline of Fleming Drava a new line the -following courses and distances 699.96 first along the arc of a curve to the tight, having a chord bearing of Soatl& 88 dogrooa IS minutes 02 seconds West, a chord distance of 638.70 feet, a tangent distance of 398.00 feet, and a radius of 588.04 feet to a point In the centerline of Fleming Drive, North 56 degrees 40 reroutes IS seconds West ,for a distance of 404.013 fact to a point, North 61 degrees 44 minutes 36 s000nde West for a diutauce of 120.07 feat to a point, North 73 degrees 16 nilnutes 21 seconds West for a distance or 131.67 feet to a point; Thence leaving the asnterlit►e ciFlaming Drivo North 67 degrees 44 m►irautes 21 seconds West: for a distance of 140.00 fact to.a 1 inch iron pipe aetj thence Borth 67 dop;eas 44 minutes 21 seconds West for a distance of 6G7.03 flat to a railroad spike set its the eonterline of the Southern Railroad tracks, Thence canning with the centerlino of rite Southern Railroad nacho the following coursos and distances North 44 dagrees 29 minutes 45 s0000ds Rant for a distance of 147.62 to a railroad spike seVlri k1i'ebesirtarlliao ofA' 'ikUcoi1d'Ua:61>i Wtl;o oldoa of tbb 7t11 ooic�or oiFlfctjd'Boah $33, Pages 297-367, North 30 degrees 41 minutes 18 xeconde Fast for a tlistauce of 306.31 feet to a 1 i nab iron pipe out, I Ith corner of Dead Book 833, Pages 297.307, North 60 degrees 17 minutes 09 seconds East for a distance of 336.42 feet to a rallmad 6pike set, 9th corner of Deed 13ooh 533, Pages 297.307, lvorth 69 dogzees IS ndrintos 651 seconds Bast for a distance of 234.09 feet to a cotton gin spllke set,10th oornor of Deed Boole 633, Pages 297.307, North 76 degrees 88 tub rotes 46 seconds East for a distance of 247.221 foot to a railroad spike set, I Ith corner of Doed Book 633, Pages 297-307, North 81 dsgieas 39mitsutes 06 seconds Garet for a distance of 2S8.11 feet to a cotton gin spike not, 12tlr cornett of Dead Book 533, Pages 297-307, North 82 degrees 12 minutes 26 seconds Bast for a distance of 120.53 fact to a I inch iron pipe set, 13th corner orDood Boole 633, rages 2197.807, Thence leaving said railroad tracks South 18 degrees 06 minutes 40 seconds But for a distance of 52.17 foot to The Point of Beginning, Coxntatniag 33.76 oozes as shown oa an un►xaoorded plat by Suttlos SurveyDim P A hated 18 Jame 19N map file =anbar 12077A2, and being the property known as Plant fOO Less and 8scept all of Lot 2 as shown on Plat Boost 40, Page 89 of the Barite County, North Carolina Rogistty. EXHIBIT A TO BILL OF SALE Description of Personal Pronerty Plant 60 - List of Equipment - Items currently at the facility 2 Spill Kits 11 Fire extinguishers on wheels 5 Spray Pots - glaze -booth 6 12 Spray Pots - Lacquer -booth 12 7 Spray Pots - Rol Stain/paint 3 t 0 Spray Pots - booth overall stain/Enamel 1 7 Spray Pots - booth sealer 7 8 Spray Pots - booth shade 9 2 Spray Pots off line sealer booth 1 Spray Pot off line top coat booth 11 Spray booths - main finishing 1 Off line sealer booth 1 Off line top coat booth 2 Stainless steel day tanks 2 Day tanks for thinner 6 Wall mount pumps - oil house (bulldogs) 4 Wall mount pumps - oil house (hydraulic) 5 Barrel pumps I Finishing conveyor and drive motor 2 Finishing pallets 1 Overhead transfer conveyor 1 150 HP air compressor 2 75 HP air compressor 1 25 I-EP air compressor for boiler 1 oil boiler 1 wood boiler l wood grinder hog 1 oil boiler fuel tank - 20,000 gal i suction system I Grecon spark detection 1 Spray booth old mock up 4 Spray booths (old Henredon room) I Overhead rub machine KCPASS7900-2 I Hyster 50 fork lift I Electric Skyjack scissor lift 2 Dust trailer (I w/hydraulic moving floor) i "1"ractor w/bush hog (mower) and front scoop (front end loader) t Hyster 25 Electric Barrel Litt: 8 Hydraulic pallet jacks i Horizontal cutting saw I I I OV Drill Press 1 Dake hydraulic press for boiler bearings 1 Dayton wire feed welder 2 300 lb propane tanks for wood and oil burner 2 Step ladders 3 Cardboard Barrels w/straw and push brooms 6 Low bodied flat hand pulled finishing transport carts 45 Plastic pallets - 47" x 39" 7 Small metal trash bins 14 Small assembly work carts 9 Plastic haul buggles 33 33 Gallon trash containers 5 Two wheel barrel hand dollys 3 Barrel lay downs 2 wheel hand dollys 4 wheel shop trucks 1 diesel fuel tank 1 gas fuel tank l Security System l Lot - Office Furniture (excluding personal items and R. Moore's office) 1 Sample Viewing Room Items not currently at facility but to be rcturned by Seller prior to Closing I Hyster or Caterpillar squeeze lift 1 Box blade for tractor KCP-458784D-2 "A6 EXHIBIT B TO BILL OF SALE Description of Real Estate Burke County, North Carolina aegimrsing on a railroad spike net in the centerline of Church and Hagan 8treot a new 13na and ruua Mouth 18 degrees 05 minutes 40 second La3t for a distance of 469.23 feet to a point in the centerline of Hogan Street, Thence continuing with the conterllne of Hogan Street a new line the following courses and distances: South 18 degrees 48 minutes 23 seconds East, for a diatamcc of .200.78 feet to a point, South, 18 degrees 21 minutes 46 seconds East for a distance of 146,53 feet to a point, South 22 degrees 37 rnlnutos 20 seconds Sant for a distance of 214.31 foot to a point, South 29 degreov 61 minutes 37 seconds East for a distance of 279.321 foot to a railroad spike sot in the centerline of Hogan Street and i:leruing.l?rive,.ThtnDc sexing with the oonterU as of 71eming Drive a now lino the following courses and distances 699.96 feet along the arc of a ourve to the right, having a chord bearing of 8otith 88 degroea 13 inafuutes 02 seconds West, a chord distance of 6'88.70 feet, a tangunk distance of 398.50 feet, and a radius of g85.04 feet to a point in the co terlino of PleniWg Driver North 88 degrass 40 minutes 18 seconds West for a distance of 404.03 feet to a point, North 61 degrees 44 minutes 36 oocoa4s Vast for a distance of 120.07 feet to a point, North 78 degrees 16 iainutee 21 seconds Wost for a disstemoa of 131.67 feet to a points Thence leaving tiro centerline of rlomiug Drive North 67 degrees 44 minutes 21 seconds West for a distance of 140.00 foot to a 1 inch Iran pipe aeti thence North 67 degrees 44 nountao 21 seconds West for a diatauce of 657.03 fast to a railroad spike sat In the centerline of the Southern. Railroad tracks, Thence runaingl with the aentexi to of the Southern Raivroad traolce the following courses aad dlstiu O00 North 44 dcgroos 29 minutes 46 seconds l.aot for a distance of 147.62 to a rsiilrOAd spike sat *1a1' tiaars i Wth6 shoo ofrthe 7tili coisier'saf37eei1'Daak" 333, Pages 297.307, North 50 degrees 41 minutes 15 seconds East for sa distance -of 306.31 feet to a X inch Iran pipe sot., 1. lth corner of Doed Book 033, Pages 297.307, North 00 degrees 17 nainutes'06 seconds Bast for a distanoo of 386.62 feet to a rnilrroad spike set, 9th corner of Deed Boos $33, Pages: 297.307, North 69 degrees 18 missutes 88 sacoinds East for a distance of 234,08 feet to a cotton gin spMe set, 10th oorner of Deed Souk 833, Pages 297-8071 North 76 degrees 88 ..mbautes 46 seconds Last for a distanoo of 247.22 feet to a rail cad. spike act, 11th corner of been SooU 633, Pages 297.W, forth 81 dog!•ees 39 minuteo 05 oeeonde East fora distance of 268.11 feet to a cotton gin splue not, 12th corner of 'Deed Boots 683, Pagoa 297.307, ;North 82 degrees 12 minutes 23 seconda Last for a distanoo of 120.92 foot to a 1 inch lrou pipe vet, 13th coaxer of Deed Boob 833, pages 297.307, Theneo ioaving said railroad tracks South 18 degrees 05 minates 40 moonds Last ibs a distance of 52.17 foot to The Point of Beginning, Contalniag 33.76 noXes as shown on, an unrecorded plat by Suttios Surveying; P A Datod IS June 1996 romp file number 12077A2, and being the property known as PIPAt 060 Loss and $wept sill of Lot 2 As shown on Plat Boolt 40, Page 89 of tiro Bunko County, Worth Ca"Una Registry. KCP4587800.2 EXHIBIT B Permitted Encumbrances l . Taxes for the year 2015, and subsequent years not yet due and payable. 2. Rights, interests, or claims of parties in possession of the Land not shown by the Public Records. 3. Easement(s) in favor of Southern Railway Company as recorded in Book Z, Page(s) 461 of the Burke County Registry, reference being made to the records thereof for the full particulars. 4. Easement(s) in favor of Southern Bell Telephone and Telegraph Co., as recorded in Boole C4, Page(s) 227 of the Burke County Registry, reference being trade to the records thereof for the full particulars. 5. General Permit in favor of Southern Bell Telephone and Telegraph Company as recorded in Book 60, Page(s) 101 of the Burke Caunty Registry, reference being made to the records thereof for the full particulars. 6. Easement(s) in favor of Duke Power Company as recorded in Book 117, Page(s) 578 of the Burke County Registry, reference being made to the records thereof for the full particulars. 7. Right(s) of way in favor of Duke Power Company as recorded in Book 275, Page(s) 163 of the Burke County Registry, reference being made to the records thereof for the full particulars. 8. Easement(s) in favor of the City of Morganton,.as recorded in Book 433, Page(s) 57; and Book 649, Page 28, all of the Burke County Registry, reference being made to the records thereof for the full particulars. 9. Ewement(s) in favor of the State Highway Commission as recorded in Boole 417, Page(s) 200 of the Burke County Registry, reference being made to the records thereof for the full particulars. W. Notice as recorded in Boole 1495, Page(s) 900 of the Burke County Registry, reference being made to the records thereof for the full particulars. 11. Easements, Setback Lines, and any other facts shown on that Plat in Book 7, Page(s) 59 and 63; and Book 13, Page 55, all of the Burke County Registry, reference being made to the records thereof for the full particulars. 12. Lease by and between Drexel Entrprises, Inc., Lessor, and Duke Power Company, Lessee, recorded in Book 352, Page 185, of the Burke County Registry, reference being made to the records thereof for the full particulars. _10 -700G �6o b00 � 96(l b S ( O9 . I LT Division of Energy, Mineral and Land Resources i ° Land Quality Section 1 Stormwater Permitting Program National Pollutant Discharge Elimination System (NPDLS) ��®EI t4N CAROLINA D EPATMeNT or rNVRONMEKT u+o NATURAL ReSOUacey PERMIT OWNER AFFILIATION DESIGNATION FORM kr 11—iwa.0 ur ­ay."y r—pAv..o I— — nndI FOR AGENCY USE ONLY Date Received Year Monde pay RECEIVED Use this form if there has been: ST I)ENR_LAND QUAf_ITY NO CHANGE in facility ownership or facility name, but the 7ROMBBERMITTING who is legally responsible for the permit has changed. If the name of the facility has changed, or if the ownership of the facility has changed, do NOT use this form. Instead, you must fall out a Name -Ownership Change Forma and submit the completed form with all required documentation. What does f6legally responsible individual" mean? The person is either: • the responsible corporate officer (for a corporation); • the principle executive officer or ranking elected official (for a municipality, state, federal or other public agency); • the general partner or proprietor (for a partnership or sole proprietorship); • or, the duly authorized representative of one of the above. I) Enter the permit number for which this change in Legally Responsible Individual ("Owner Affiliation") applies: Individual Pernnit N C I S 2) Facility Information: Facility name: Company/Owner Organization Facility address: (or} Certificate of Coverage N C I G I ($ O I O90 Dre,<4 ve.r.,--ay_ Fkv,+ (00 ex :A cLop e, j o nn JL ir� rrtp , l-- L I %l O J k c,n 6t In rez -4-- Address M or qL-L.A-o ►n N C_ ity State Zip To find the ctirrent legally responsible person associated with your permit, go to this website: littp://pot-talaicdenr.or web/Ir/sw-permit-contacts and ruu the Permit Contact Summary Report. 3) OLD OWNER AFFILIATION that should he removed: Previous legally responsible individual: �-,�/� C lam First i�I1 Last 4) NEW OWNER AFFILIATION (legally responsible for the permit): Person legally responsible for this permit: T>L V First MI Last Page i of 2 5W U-OWN ERAFFIL-25J uly2014 NPDES Stormwater Permit OWNER AFFILATION DESIGNATION Form (if no Facility NamelOwnership Change) V R. L oc� �,�- t Cs c�.�nd C u►�aE i s �n��, Title 30 &'Dt()x o Mailing Address Lax-, o I r N C City State Zip (06J'\9) -T 5-7 - L+700 vt, �: van ►1t; o kn �t Telephone E-mail Address c Faz Number 5) Reason for this change: A result of: employee or management change ❑ Inappropriate or incorrect designation before ❑ Other If other please explain: The certification below must be completed and signed by the permit holder. PERMITTEE CERTIFICATION: I, Y Wf \' -W t-V\ 0 , attest that this application for this change in Owner Affiliation (person legally responsible for the permit) has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this form are not completed, this change may not be processed. Si ature PLEASE SEND TIfE COMPLETED FORM TO: Division of l;nergy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Date For more information or staff contacts, please call 919-707-9220 or visit the website at: litt :ll ortaI.ncdenr.or web/Ir/stormwater Page 2 of 2 SW U-0W N ERAFP1 L-25J u1y2014 A0 Division of Water Quality 1 Surface Water Protection 15 .±M1 National Pollutant Discharge Elimination System NCDENK NmEPERMIT NAME/OWNERSHIP CHANGE FORM EH•nw°HMEM W° Niauw.�l RE�pJRCE9 FOR AGENCY USE ONLY Date Received Year Month Day I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N G G Ill 8 1 0 I 0 I 0 0I 0 9 0 IL Permit status prior to requested change. a. Permit issued to (company name): Furniture Brands International b. Person legally responsible for permit: Clyde D Whittington First MI Last Vice President of Logistics & Compliance "Title 825 Visionary Street Permit Holder Mailing Address Lenoir NC 28645 City State Zip (828) 757-4700 NA Phone Fax c. Facility name (discharge): Drexel Heritage Plant 60 d. Facility address: 410 Hogan Street Address Morganton NC 28655 City State Zip e. Facility contact person: David Stout (828) 759-8510 First / MI I Last Phone Ill. Please provide the following for the requested change (revised permit). a. Request for change is a result of: X Change in ownership of the facility Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit d. Facility name (discharge): e. Facility address: f. Facility contact person: Heritage Horne Group, LLC Steve Clark First Nil Last Drexel Heritage Plant 60 Plant Manager 'Citic _ 410 Hogan Street Permit Holder Mailing Address Morganton NC 28655 Cite State Zip (828) 438-5792 steve.clark r herita ,,ehorne.com Phone E-mail Address Drexel Heritage Plant 60 _ _410 Flogan_Street Address Morganton NC 28655 City State Zip David E Stout First MI Last (828) 759-85 10 david.stout(_heritagce_ rncxorn Phone E-mail Address Revised 2012Apr23 NPDES 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: David E Stout First Ml Last Director of Environmental Compliance Title 815 Visionary Street Mailing Address Lenoir NC 28645 Cite state Zip (828) 759-8510 david.stout a, heritagehotne.com Phone F-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? X Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: X This completed application is required for both name change and/or ownership change requests. X 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 request., Articles of incorporation are not sufficient for an ownership change. 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 Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, Clyde D. Whittington, attest that this application for a name/ownership change 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 and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION I, Steve Clark, attest that this application for a name/ownership change 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 and that if all required supporting inforrnation is not included, this application package will be returned as incomplete. 2 Signature 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 7I2008 Michael F. Easley,,Governor G. os r., Secreldry- North Carolina Department of Enviro went an ; at ? I Resources Alan W. mek - DireCt "r Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 3, 2006 Mr. Stanley Carter Henredon - Drexel Furniture 211. East Fleming Drive Morganton, North Carolina 28655 SUBJECT: Compliance Evaluation Inspections Henredon — Drexel Furniture Drexel Plant- #7 Permit No: NCG180214 Drexel Plant - #60 Permit No: NCG180096 Henredon Plant - Morganton Permit No: NCG180033 Drexel Plant - #43 Permit No: NCG180098 Burke County Henredon Plant — Altapass Road Permit No: NCG180032 Mitchell County Dear Mr. Carter: Enclosed please find copies of the Compliance Evaluation inspection forms from the inspections conducted on March 2, 2006. Larry Frost of the Asheville Regional Office conducted the Compliance Evaluation Inspections. The facilities were found to be in Compliance with their Stormwater Permits NCG180000. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Lar Fro t C E vironmental Engineer Enclosure cc: Central Files Asheville Files Stormwater Unit Ono NorthCarolina JUatuia!!y 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 677 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 2046C OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/molday Inspection Type Inspector Fac Type 1 I j 2 1 51 31 NCG180090 111 12f 06/03/02�I 17 181 CI 191 .cl 201_j `J ! J i J I Remarks 21L 1�1 I I Ll�__ 1 1 1 1.1 1_ I I II 1 Jill 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I l 1 1 1 166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------------------- Reserved ----------- ---------- 671 169 70k I 711 1 72Ut, 73I I ! 174 75�_I I . U_ 1 I 180 ',, Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging 10 POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:45 AM 66/03/02 04/09/01 Drexel Heritage Furnishings-60 Exit Time/Date Permit Expiration Date 410 ttogan St N,or9anton VC 28655 10:30 A.M 06/03/02 09/08/31 Name(s) of Onsite Representative(s)fPitles(s)/Phone and Fax Numbers) Other Facility Data Name, Address of Responsible OfficiaUTitle/Phone and Fax Number Contacted Stanley R Cazter,211 E Fleming Dr Morganton NC Yes 28655//828-433-3824/8284385610 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Records/Reports E Facility Site Review ■ Storm Water Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary)__ (See attachment summary) Name(s) and Signature(s) of Inspector(s) AgencylOfce/Phone and Fax Numbers Date Larry Frost ARO wQ//828-296-4500 Ext.4658/ 1 Signature of Management viewer Agency/Office/Phone and Fax Numbers Date nn Keith Haynes ARO WQ//828-296-4500/ �• -[J EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yrlmolday Inspection Type NCGI80090 I11 12I 06/03/02 17 18I_, (Cont. ) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) - This facility is located at 139 East Fleming Drive, Morganton. - The facility is primarily a warehouse utilized for the inspection of products produced over seas. - The facility's SWPPP has all the components required by the permit. The plan is site specific, with excellent maps. The outfalls are well marked (6 of them). The contact list has been updated recently. The monitoring records are current. The training records are very good. There are 5 years of records available. - This facility would be a good candidate for a "No Exposure Certification" since there is no manufacturing on site. However, the lumber storage area would have to be cleaned up prior to certification being granted. - The drain valve on the secondary containment for the fuel oil tank was open and unlocked. The valve must be kept locked and a log of when the containment is drained should be started. Page # 2 Permit: NCGIB0090 Inspection Date: 03102/2006 Owner- Facility: Drexel Heritage Furnishings-60 Inspection Type: Compliance Evaluation Permit (If the present permit expires In 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Page # 3 'R'state of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director STANLEY B. CARTER DREXEL HERITAGE FURNISHINGS INC 211 E FLEMING DR MORGANTON, NC 28655 Dear Permittee: 1•• f NCDENF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURC August 27, 1999 t PLT 60 Subject: Reissue - NPDES Stormwater Permit Drexel Heritage Furnishings Inc. Pit 60 COC Number NCG180090 Burke County In response to your renewal application for continued coverage under general permit NCG180000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: * A copy of general stormwater permit NCG180000 * A Stormwater Pollution Prevention Plan (SPPP) Certification Form. Completion of this form is required to certify that you have developed and implemented the SPPP as per the conditions of the permit. This form must be completed and returned to the Division within 30 days of receipt of this letter. DO NOT SEND the SPPP with the signed form. * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin on the Stormwater program which outlines program components and addresses frequently asked questions * A corrected Certificate of Coverage if you indicated a name change on the Renewal Application Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Bill Mills of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 548 Sincerely, for Kerr T. Stevens Director, Division of Water Quality cc: Central Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 .A.7 �:,::u! Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG180000 CERTIFICATE OF COVERAGE No. NCG180090 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, DREXEL HERITAGE FURNISHINGS INC. is hereby authorized to discharge stormwater from a facility located at DREXEL HERITAGE FURNISHINGS INC. 410 HOGAN STREET MORGANTON BURKE COUNTY to receiving waters designated as Hunting Creek in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V. and VI of General Permit No. NCGI80000 as attached. This certificate of coverage shall become effective August 27, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 27, 1999. for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Mate of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 28, 1995 Bobby Henderson Drexel Heritage Furnishings 60 211 E Fleming Dr Morganton, NC 28655 AM15VA 0 144M 0 IDEHNR Subject: General Permit No. NCG180000 Drexel Heritage Furnishings 60 COC NCG 180090 Burke County Dear Bobby Henderson: In accordance with your application for discharge permit received on March 29, 1995, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any question concerning this permit, please contact MR. BILL MILLS at telephone number 919n33-5083. Sincerely, Original Signed By Coleen H. 5uM05 A. Preston Howard, Jr. P.E. cc: Asheville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10/6 post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG180000 CERTIFICATE OF COVERAGE NO, NCGI80090 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE „ELIMINATION SYSTEM In compliance with the provision 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, Drexel Hertiage Furnishings, Inc. is hereby authorized to discharge stormwater from a facility located at Drexel Hertiage Furnishings Plant #60 410 Hogan Street Morganton Burke County to receiving waters designated as Hunting Creek in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,1I, I1I and IV of General Permit No. NCG180000 as attached. This Certificate of Coverage shall become effective July 28, 1995. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 28, 1995. original Sign, d BY cojeen H. Sttl{ins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission DREY,r,-L Rm-rpiGE FuRA,PLT. (,0 MORCANTON SOUTH QUj 11UPT11 (',`,d_k'0LINA DUP,; 7,5 MINUTE SERIES (TOPO. Scnb TO J Uv 6 7'. NORTH) 1 220000 2u Con Zion -,,,m RGAN'1'0N* )Urt use 70 Yvates # X /Ce % oe A -SP17 L Sl �J E state Sift for- thq"De.t f J, C'. 1 2 X. ell 7 N T L 77 i,j I. i: l.; N FACILITY --be-,ex `. � ri-+,jam COUNTY wr k - NPDES • hI GC1 19X �6 E- 1 �2 1V W i N is °--�w 31;-)1/ L: ..jDE STREAM 4un4lAn, Cree-k .Y E ;T:; tE CLASS S}urmall-ier EXPIRATION DATE OF-31-° I