HomeMy WebLinkAboutNCG200350_COMPLETE FILE - HISTORICAL_20160517STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
IV U(
DOC TYPE
HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ i
YYYYMMDD
STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
DOC TYPE
11 COMPLETE FILE - HISTORICAL
DATE OF
RESCISSION
❑
YYYYMMDD
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
Mr. Nathan E. Pipkm
Foss Recycling, Inc.
7037 Highway 70 West
LaGrange, NC 27928
Dear Mr. Pipkim:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
S[cn9mP
TRACY DAVIS
Direclor
May 17, 2016
RECEIVED
MAY 19 2016
CENTRAL FILES
DWR SECTION
Subject: NPDES Stormwater Permit NCG200350
Foss Recycling, Inc.
Formerly Bruces Iron & Metal
Gaston 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,
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land
Resources
cc: Mooresville Regional Office
Stormwater Permitting Program Files
Central Files
State of North Carolina I Emironmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, North Carolina 27699-1612
919 707 9220 T
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG200000
CERTIFICATE OF COVERAGE No. NCG200350
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,
Foss Recycling, Inc.
is hereby authorized to discharge stormwater from a facility located at:
Foss Recycling, Inc.
4604 South York Road
Gastonia
Gaston County
to receiving waters designated as an unnamed tributary to Crowders Creek, a class C stream, 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. NCG200000 as
attached.
This certificate of coverage shall become effective May 17, 2016.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 17, 2016.
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
FROM
Mary Gilmore FAX NO. :704924995e Dec.22 2015 11:24AM P2
n�
Division of Energy, Mineral & Land Resources F«t Y Y
�j Land Quality Sedton/Storenwater Permitting p
®Ly�� National Pollutant Discharge Elimination Systetn
^��+ G\ PERMIT NAMEIOWNERSHIP CHANGE FORM
1. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate Of Covers
/ N C 8 0 N C l3 2 0 0 3 5101
I✓ II. Permit stairs 8ljpY m requested change.
a. Permit issued to (company rate): Brucce iron & Metal
b . Person legally responsible far perrnit: i � , a, 'Ww
F re Mr Last
�9GtCatal YNataerlM
Tuts
PmerIt Holder Mailing Add,=
G•,srr.,,,: ,ill; 2fs"t
City State yip
( 70r) &'V -3471 (Awl VS-V 0s117
Phone Fax
c. Facility name (discharge): Bnices iron & Metal
d. Facility address: 4604 South York Road
Address
Gastonia NC 28052
CiZip
e. Facil;ty contact personbA
: w1 1<. 6e1+w. r sn.rl dpev_s. --
First / MI / Last
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 fnra7ity, or owner
({ocher pleats arpfaln:
b. Permit issued to (company name): Foes Free ,bin Inc.
c. Person legally responsible for permit: q �(x E M : n
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
LOO
retie
7037 Highway 70 west
Perota Holder Mailing Addew
Lagrange NC
27929
City State
(866) 534 5865
Zip
Fhone &mail Adders
__ Foss IlLa o ins, Inc.
4604 South York Read
Address
Gastonia NC
28052
[7, Per" can
aESffere" from the person legally respomible for the permit)
arwd.i.,n,sna C[L T.
OR a 2015
FROM :Mary Gilmore FAX NO. :7048249958 Dec.22 2015 11:24AM P3
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
Permit contact:
Pint ptl Last
Melling Address
Lay State zip -
( )
Phone I= -mail Address
V. Will the permitted facility continue to conduct the same industrial activities eonduated 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 tt risfor 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 eth 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
✓ PE C R ATION (Permit holder prior to ownership change):
attest that this application for a tatme/ownetship change has
been reviewed and is undo and complete to the beat of my knowledge, I undo, nd that if all required
Pam of this application are not completed and that if all required support g information is not included,
this applieati ckage will be re ed as incomplete.
Sign Date
APPLICANT CERTI CATION
� e(1k: — attest that this
been reviewed and is accurate and c my knowle fora understand
dotan d that change has
ompletc to the best of my knowledge. 1 understand that if all required
Pam of this application are not completed and that if all required supporting information is not included,
this application p4ckage will be returned as incomplete.
2(.Ir 5-
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
Reread ion.
Alexander; Laura
From:
MICHAEL PARKS < M PARKS@ FOSSRECYCLING.COM >
Sent:
Friday, May 13, 2016 11:23 AM
To:
Alexander, Laura
Cc:
NATHAN PIPKIN
Subject:
RE: NCG200350 - Gastonia Facility
Attachments:
Bruce signed closing docs.pdf
Follow Up Flag:
Follow up
Flag Status:
Flagged
Ms. Alexander,
See attached closing documents from the purchase. Please let us know if you need anything else.
Thanks,
Michael Parks
Accounting/HR Manager
Foss Recycling, Inc.
7037 Hwy 70 West
La Grange, NC 28551
866-534-5865 x 5226
252-566-0185fax
From: PHILIP PENNINGTON
Sent: Friday, May 13, 2016 11:17 AM
To: MICHAEL PARKS <MPARKS@FOSSRECYCLING.COM>
Cc: NATHAN PIPKIN <NPIPKIN@FOSSRECYCLING.COM>
Subject: FW: NCG200350 - Gastonia Facility
From: Alexander, Laura [mailto:laura.alexander a(lncdenr.eov]
Sent: Friday, May 13, 2016 11:15 AM
To: PHILIP PENNINGTON<PPENNINGTON(a)FOSSRECYCLING.COM>
Subject: RE: NCG200350 - Gastonia Facility
Good Morning,
Just following up on this email I sent back in February. I still don't show that we've received the requested information I
mentioned below.
Please advise.
Thanks for your help,
1
Laura Alexander
From: Alexander, Laura
Sent: Thursday, February 25, 2016 11:30 AM
To: 'ppennington@fossrecycling.com'<ppennineton(@fossrecycline.com>
Subject: NCG200350 - Gastonia Facility
Good Morning,
Back in December, we received a company ownership change form for permit NCG200350. Your name was listed as the
facility contact. Before I can make ownership changes in our system',_I will need some sort of legal docunientatioh that
shows the ownership "change: Relevant page (s) of a contract deed or bill of sale. Once our office receives that
documentation then I can make the changes in our system.
Also, I noticed that the 2015,invoice is:past due. Please see attached invoice. The invoice shows old owner name.
Thank you for your assistance,
Laura Alexander
Administrative Assistant
Stormwater Permitting Program
North Carolina Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
919 807 6368 Office
919 807 6494 Fax
laura.alexander(a)ncdenr.gov
512 North Salisbury Street
1612 Mail Service Center
Raleigh, North Carolina 27699
c, Nothing Compares,,..`
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
GRAY, LAYTON, KERSH, SOLOMON, FURR & SMITH, P.A.
ATTORNEYS AT LAW
516 SOUTH NEW HOPE ROAD
P.O. BOX 2636
GASTONLA, NORTH CAROLINA 28053-2636
704-865-4400
DAVID A. LAYTON++
JOHN D. KERSH, JR+/6"*
T.J. SOLOMON E'
DAVID M. FURR"I-
DAVm W. SMITH. M—
WILLIAM E. MOORE, JR.++
JOHN H. GR1FFWG'/""
EMILYR LEAZERI
TED F. MrTCHELL•/+r
CHRISTOPHERM. WHELCHEL•
MICHAEL L. CARPENTER
MARCUS R. CARPENTER
WRRPIIS FTIAB.'.d
WRITER'S DIRECT DIN.'. 70o-790400a
June 30, 2015
Foss Industries, Inc. ("Buyer")
Bruce's Iron & Metal, Inc. ("Seller")
CHARLES D. GRAY, IN (OF COUNSEL)
FACSIN= 7D4866-80I0
FACSWLE 704-854-8313
•ALSO WCEN=WSOUIHCAROI.INA
"ALSOLICENSED INFLORMA
^'ALSO LICENSED INNBW YOM
. BOARD CERTIFIED SPECIALIST INESTATE PLANNING
AND PROBATE
+MASTER OP LAWS IN TAXATION
.N.G STATE CERTOTFD MEDIATOR
Re: Waiver'of Conflict of Interest
Purchase and Sale, 4541 York Highway, Gastonia, NC ("Transaction")
Dear Sirs:
We have represented and continue to represent Seller with respect to the above matter. We have been
asked by both clients to simultaneously represent both clients with respect to certain aspects of the
"Transaction". The purpose of this letter is to discuss with each of you the actual and potential
consequences of such simultaneous representation, and to explain the circumstances under which we
would be willing to represent both parties simultaneously if, after full consideration of the consequences,
both clients wish us to do so.
Simultaneous representation of parties with adverse interests by attorneys in the same law firm involves
a number of departures from professional norms, and should not be undertaken by any such party
without careful consideration. In particular, we want you to be aware of the following.
1. Under applicable niles of professional conduct, a law firm owes each of its clients a duty of
loyalty, which would normally preclude any attorney within the firm from undertaking a representation
adverse to any client of the firm without the affected client's informed consent. Other rules generally
prohibit a firm from undertaking any representation involving an actual or potential conflict of interest
without the informed consent of all affected parties. Such a situation exists whenever a firm represents
two clients simultaneously in a situation in which their interests are actually or potentially adverse.
2. The conflict of interest, and the need for informed consent, exist no matter how cordial the
business relationship between the two parties currently is or is anticipated to be, and no matter how non-
controversial the Transaction is anticipated to be.
;. The conflict of interest, and the need for informed consent, exist even where different "client
teams" within the firm act on behalf of each client and an "ethical screen" is erected between the client
teams that prohibits the sharing of either client's confidences with the members of the other client's
team.
4. We do not recommend simultaneous representation of adverse parties, and have not
recommended this simultaneous representation to you. We have recommended, instead, that each party
seek separate representation. We also recommend that each of you seek the advice of independent
counsel of your own choice regarding this written consent. If, however, it is the wish of both clients that
we undertake the simultaneous representation of both parties with respect to the Transaction, we will
undertake to do so under the terms described herein.
5. It may not be possible for a single law firm to represent both parties to the Transaction in the
same aggressive manner as would two separate and independent law firms. By giving the consent
requested in this letter, you are, in effect, waiving that kind of zealous representation of your individual
and conflicting interests with respect to the Transaction. It is possible that each or both of you might be
advised by independent counsel to demand or offer different or more favorable terms and conditions
with respect to the Transaction than we can or will demand or offer.
6. Moreover, regardless of the terms upon which the matters between the two clients are concluded,
the fact that one law firm has been involved in the representation of both parties may give rise to a
perception on the part of shareholders, investors or other third parties that different terms might have
been arrived at had each of you had separate representation by an independent law firm.
7. If a dispute should arise in the future between the two of you concerning the Transaction or any
other aspect of your dealings with each other, we believe we would have to withdraw, or would be
disqualified, from representing either of you with regard to that dispute or any other relationship you
might then have with each other. You would then each have to retain separate counsel, resulting in
additional expense and inconvenience that you might not have incurred had you been separately
represented from the outset.
S. In connection with the Transaction, our representation of Buyer is limited to examining title to
the subject property, acquiring title insurance, preparing closing statement, and conducting the closing of
the real estate aspects of the Transaction for the Buyer. We have not been involved in negotiating the
Transaction or any other aspects of Buyer's representation in connection with same.
We will be pleased to answer any questions you may have concerning this representation or this
requested consent. If you do wish to consent, please sign below to indicate your consent.
ery truly yo drs,
David W. Smith, III
For the Firm
ACKNOWLEDGEMENT AND CONSENT
Despite any potential or actual conflict of interest which may exist now or in the future, we hereby
consent to the firm's simultaneous representation of both Seller and Buyer with respect to the
transaction as described above. We further agree that the firm may withdraw its representation of either
client or both clients without prejudice should it determine that continued representation might violate
applicable rules of professional conduct
Foss Industries, Inc. (`Buyei'D
By: . x
Bruce's Iron & Metal, Inc. ("Seller")
By: e
OMBNO_?5n9A9R4 /D
A
U.S. DEPARTMENT OF HOUSING B URBAN DEVELOPMENT
'
SETTLEMENT STATEMENT
B. TYPE OF LOAN:
1.❑FHA 2.E]FMRA 3.❑CONV. UNINS. 4.E]VA S.QCONV. INS.
6. FILE NUMBER:
BRUCE.IROJ.METALAS
7. LOAN NUMBER:
8. MORTGAGE INS CASE NUMBER:
C. NOTE: This form is furnished to gW you a statement olactua)attlament Coss Art ntspaidtoandbythasatfkmentegemerashown.
items marked'(POC)" were pale outside the cbsog' theyare shown here for NPormatbnelpulpoas and ere nmllolyded 67 the totals
0. NAMEAND ADDRESS OF BUYER:
Foss EnivIxise5, Inc
7037 Hwy 70 West
La Grange, NC 28551
E. NAME AND ADDRESS OF SELLER:
Bruces Iron 8 Metal, Inc
4604 S York Road
Gastonia, NC 28052
F. NAMEAND ADDRESS OF LENDER:
G. PROPERTY LOCATION:
4541 York Highway
Gasonb, NC 28052
Gaston County, North Cereana
H. SETTLEMENTAGENT: 56-1744631
GRAY LAYTON, KERSH, SOLOMON, FURR 8 SMITH
I. SETTLEMENT DATE:
June 30, 2015
PLACE OF SETTLEMENT
516 S. New Hope Road
Gastcola, NO 28054
J. SUMMARY OF BUYER'STRANSACTION
K SUMMARY OF, SELLER'STRANSACTION
100. GROSS AMOUNT DUE FROM BUYER:
400. GROSS AMOUNT DUE TO SELLER:
101, ConUact Seles Prim
5000OO.OD
401, DOnlmct Sales Prim 500,000.00
102. Personal Property
4112. Personal Property
1 D3. Settlement Charges 0 Buyer Line 1400
3496.00
403.
104.
404,
1 Ds.
405.
Ad sanents For Items Patuf By Seger In advenm
Ac7ustlrents, For Items Pak By Selkrh aN2nm
106. CI own Taxes 0
408. C !Town Taxas to
107. County to
407. Countyro
108, Aaseasmenb m
408. Assessments b
108.
409.
110,
410.
111.
411.
112.
412.
120. GROSS AMOUNTOUE FROM BUYER 503.496.00
420, GROSS AMOUNT DUE TO SELLER
500,000.00
200. AM OUN S PAD BY OR IN BEHALF OF B UYER,
500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 50000.00
501. Es[mse De ail See Instructions
20Z Prinb slAmount of New Loa s
502. Settlement Charges to Setter Une 1400
53350.00
203, EM.g kxn(s) taken subject to
503. E4s8n loans taken subject w
204.
504. Payo6 of firs Mortgage
205.
505. o second Mortgage
206.
506. Deposit retained by broker
50000.00
20T,
607.
208,
508.
209.
509.
n id8 Soler
Ad'sments For Items Unpaid 2
Adtmen 'sts For Items Un Setter
210, Cityrrown Taxes b
510. CityfrownTuw to
211. County 01/01115 a 07/01/15
552.24
511. County 01/01/15 to 07/01/15
55224
212. Assessments w
512. Assessnents to
213.
513.
214.
514.
215.
515.
216.
516.
217.
517.
218.
518.
219.
519.
220. TOTAL PAID BY/FOR BUYER
I 50,652.24
520. TOTAL REDUCTION AMOUNT DUE SELLER
103,902.24
300. CASH AT SETTLEMENT FROM/TO BUYER:
600. CASH AT SETTLEMENT TQ'FROM SELLER:
301. Gross Amount Due From Buyer (Une 120
I a96.00
601. Gass Amount Due To Setter Line 420
500 D00.Do
302. Lem Amount Paid B For Buyer(Une 720)
( 50,55214
602. Less Reductions Due Setter Line 520)
103,90 4
303. CASH ( X FROM) ( TO) BUYER
45ZW.76
603. CASH (X TO) ( FROM) SELLER
396.097.76
NUPE (,1@1 ee9N Hfe=2
L. SETTLEMENT CHARGES
700, TOTAL COMMISSION Baaed on Price b 1,275,000.00 8.0000 % 102.000.00
wuo rnou
wrens
LeOPSAT
al:rrtzsvlr
wm moe
SDzms
rurmsrr
seTrtnorr
Msbno Corrvnt�m fine 700 as wr
701.
102.000.00 to CokhveN Banker Commerda Me® Less eposit Retained 50,000.00
702.
$ to
703. Commlosion Pa at Settemert
52, 0.00
704. to
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee % to
802. Loan DLveunt % b
803. Appealsal Fee to
804. Credtl Report to
805. Lenders lnspecWn Fee to
806. Mortgage Ins. App. Fee to
907. Assumption Fee to
806.
0.
810.
ell.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
001. Intare From 10 $ /day days%
002. Mortgage Inwrance Premium for coon s to
903. Hazard Inwronre Premium for 1.0 yeare to
OKD05.
1000, RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance b por
1002. Marta e Inwmnco $ per
1003. C4ffown Taxes a b per
1004. Coun $ par
1005. Assessments S per
1005. To $ Par
1007. a s Pe
1008. $ Par
1100. TITLE CHARGES
1101. Settlement or Fee to GRAY, LAYTON.
KERSH, SOLOMON FURR 8 SMITH
2.500.00
1102, Document & Courier Fee to GRAY LAYTON,
KERSH SOLOMCN. FURR 8 SMITH
30.00
1103. Title Update to Cynthb W. Jenkins
60.00
1104. Title Insurance Stroller to
1105. Document Pre radon to GRAY, LAYTON KERSH SOLOMON. FURR 6 SMITH
350.00
1106. Notary Fees to
1107. Atbrna eFees b
lnxiudns aoore dam num err
1108. We Inwranm to Morehead Title Ineu,,moo
86040
hoes alww Rem numborr
1109. Landers Coverage $
1110. Onnere Cowry e S 1.275,000.00
1111.
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording Fees: Dead $ 26.00; Mortgage S Releases $
26.00
72-02crty/countyTaxisiamps. Deed Mortgage
it
1203. State TaVStam r Revenue Sty 1 000.00; Morig.p.
1,000.00
1204.
1205.
1300, ADDITIONAL SETTLEMENT CHARGES
lWl. Surwyo
1302. Peat hpec5on b
1303.
1304.
1305.
1400, TOTAL SETTLEMENT CHARGES Enter on Lincs 103, Section J and 502 Section K
3.496.00
53,3%00
er�1 NNV•aWf ee J,.l .Mrde .
GRAY, LAYTON, KERSH, SOLOMON. FURR 8 SMITH
SettlemmlAgent
121
L ACKNOWLEDGMENT OF RECEIPT OF SETTLEMENT STATEMENT
Buyer:
Foss Enterprises, Inc.
Seller:
Bruce's Iron & Metal, Inc.
Settlement Agent:
GRAY, LAYTON. KERSH, SOLOMON, FURR & SMITH
(704)865-4400
Place of Settlement:
516 S. New Hope Road
Gastonia, NC 28054
Settlement Date:
June 30, 2015
Property Location:
4541 York Highway
Gastonia, NC 28052
Gaston County, North Carolina
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, It is a true and
accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further
certify that I have received a copy of the HUD-1 Settlement Statement.
Foss [erprises, Inc. Bruca's I n & fat, Inc
BY: i �_ BY: d
The Buyer and Seller this date have checked,
reviewed and approved the figures appearing on the
Disclosure/Settlement Statement (Statement of Actual
Costs), consisting of two (2) pages. Buyer
acknowledges receipt of the payment of the loan
proceeds in full, and Seller acknowledges payment in
full of the proceeds due Seller from the settlement.
The Buyer and Seller understand that the tax
prorations shown on the Settlement Statement are
based on information provided by the County Tax
Office. If current year tax bills are unavailable at the
time of closing, taxes are prorated using an estimate
of tax value determined by the tax bill from the prior
year or, if no such bill is available, the purchase price
for the property. 2015 Is a property tax revaluation
year in Gaston County so the estimate could vary
significantly from the actual taxes due on the property.
The Buyer and Seller agree to adjust the tax
prorations shown on the Settlement Statement when
the actual ad valorem tax bill is rendered. Seller
agrees to forward the next tax bill to Buyer
immediately upon receipt of the bill from the tax office.
Buyer understands that the next tax bill (even though
in the name of the Seller) is the responsibility of the
Buyer.
Seller understands that the payoff figure(s) (if any)
shown on the first page of the Settlement Statement
are figures supplied to the Settlement Agent by the
Seller's lender(s) and is /are subject to confirmation
upon tender of payment. If the payoff figure(s) are
inaccurate, Seller agrees to immediately pay any
shortage(s) that may exist.
As part of the consideration of this sale, the contract
between the parties is by reference incorporated
herein and made a part hereof, the terms and
conditions contained therein shall survive the closing
and shall not merge upon the delivery of the warranty
deed.
I have carefully reviewed the HUD-1 Settlement
Statement and to the best of my knowledge and belief,
it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this
transaction. I further certify that I have received a
copy of the HUD-1 Settlement Statement.
NU6tnffiI Ak3M MBc1E]
GRAY, LAYTON, KERSH, SOLOMON, F'QRR & SMITH, P.A.
ATTORNEYS AT LAW
516 SOUTH NEW HOPE ROAD
P.O. BOX 2636
GASTONIA, NORTH CAROLINA 28053-2636
704-865-4400
JOHN D. KERSH, JR.+/"•'
T.J. SOLOMON II•
DAVm M. FURR"/+
DAVID W. SMITH, al++
WILLIAM E. MOORE, IR.
JOHN R GRIFFINV/' •"
EMILY H. LEANER+
TED F. M ITCHELL'H+
CHRISTOPHERR M. WHELCHEL'
M1ICHAE. L. CARPENTER
MARCUS R. CARPENTER
WRRER's EMAIL: dsmith�ganonleepi,mn
MEMORANDUM
To: Foss Enterprises, Inc.
From: David W. Smith, 111, Attorney
Dated: June 30, 2015
Re: Tax Parcel 145122 (Brute's Iron & Metal, Inc.)
CHARLES D. GRAY, III (OF COUNSEL)
DAVID A. LAYTON (OF COUNSEL)
FACSIMILE 704-866-8010
FACSIMILE 704-854-83I3
'ALSO LICENSED IN SOL7H CAROLINA
'•ALSO LICENSED IN FIZMA
."—BOARD CERTIFIED SPECGLIST IN ESTATE PLAY Me
AND PROBATE
-MASTER OF LAWS W TAXATION
++N.0 STATE CERTIFIED MEDJATOR
We have investigated the status of the property tax valuation for the above captioned property. For 2014,
the taxable market value of the property was $581,051.00, but the property was taxed on a valuation of
$115,403.00 under North Carolina General Statute 105-275 (8) which provides an exemption for
property used for air cleaning or waste disposal or to abate, reduce, or prevent the pollution of air or
water. According to David Turbyfill at the Gaston County Tax Office, the tax value for 2015 is about
the same so we have used that value ($115,403.00) to prorate the 2015 taxes. Mr. Turbyfill advises that
there is no deferral or roll back taxes on the subject property. He also advises that to preserve the
exemption, the new owner should apply for the continuation of the exemption by filing a form with the
Gaston County Tax Office and with the North Carolina Department of Natural Resources within thirty
days of closing.
The new purchaser should act accordingly. We are taking no action with regard to the continuation of
the tax valuation exemption.
Please sign below to acknowledge receipt of this memo.
Foss Enterprises, Inc.
Dated: V l 0 17 By: �1 ��
SETTLEMENT STATEMENT/DISBURSEMENTS
SELLER: BRUCE'S IRON AND METAL, INC.
BUYER: FOSS ENTERPRISES, INC.
ASSETS: Certain assets related to Sellers' operation of business, including goodwill
CLOSING DATE: June 30, 2015
RECEIPTS:
Wired Funds (Buyers)
Deposit with Broker
TOTAL RECEIPTS:
DISBURSEMENTS:
1. Net Proceeds to Seller per HUD
for land and building (see attached)
2. Additional funds to Seller for Exhibit B assets
other than land and building
3. Disbursements to third parties
TOTAL DISBURSEMENT TO SELLER:
$1,227,943.76
$ 50,000.00
$396,097.76
$775,000.00
$106,846.00
$1,277,943.76
$1,171,097.76
TOTAL DISBURSEMENTS: $1,277,943.76
SIGNATURE PAGE70 SETTLEMENT STATEMENT
The undersigned hereby certify that they have carefully reviewed the Settlement Statement and to the best of
their knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on their
account or by them in this transaction.
SELLER:
BRUCE'S IRON AND METAL, INC.
By: AdIzIl
91
Name: D vid Wofford 49
Title: President
FOSS ENTERPRISES, INC.
By: " G 1 ql,
Name: A4M.c C, Fss j
Title: President
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that BRUCE'S IRON AND METAL,
INC., ("Seller"), for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration received to its
full satisfaction of FOSS ENTERPRISES, INC. ("Buyer"), hereby
bargains, sells, assigns, transfers and conveys to the Buyer pursuant
to Exhibit B of the Agreement for Purchase and Sale of Real Property
dated June 12, 2015, as amended June 24, 2015, ("Purchase Agreement")
all of its right, title and interest in and to those Assets set forth
on Exhibit B of the Purchase Agreement other than the real property
which was conveyed by deed.
TO HAVE AND TO HOLD the same unto it, the Buyer, its successors
and assigns, forever to its use. The Seller, for itself, its
successors and assigns, covenants and agrees with the Buyer, its
successors and assigns, that it is the lawful owner of the assets
hereby transferred; that all the assets are free from all liens,
charges, assessments, taxes, mortgages, pledges, condition sale
agreements, security agreements and encumbrances of any kind
whatsoever, except as specifically set forth in the Purchase
Agreement; that it has the right to sell and assign to the Buyer,
its successors and assigns against all persons or entities
whatsoever.
IN WITNESS WHEREOF, the parties have caused their duly
authorized officers to execute this instrument on their behalf, this
the.30ft- day of June, 2015.
SELLER:
BRUCE'S IRON & METAL, INC.
BY //V PI&4kjT-
David woffo President
BUYER:
FOSS ENTERPRISES, INC.
By lh C, i ?d rr, U
C , ti: s j r . Pre ident
June 30, 201S
Bill of Sale.Br ce's Iron & Metal.Foss Enterprisca
IF
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
May 17, 2016
Mr. Nathan E. Pipkm
Foss Recycling, Inc.
7037 Highway 70 West
LaGrange, NC 27928
PAT MCCRORY
(6memur
DONALD R. VAN DER VAART
Sec, wri
TRACY DAVIS
Uireelar
Subject: NPDES Stormwater Permit NCG200350
Foss Recycling, Inc.
Formerly Bruces Iron & Metal
Gaston County
Dear Mr. Pipkim:
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 W
KEN PICKLE
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land
Resources
cc: Mooresville Regional Office
Stormwater Permitting Program Files
Central Files
State of North Carolina I Enwonmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, North Carolina 27699-1612
919 707 9220 T
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG200000
CERTIFICATE OF COVERAGE No. NCG200350
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,
Foss Recycling, Inc.
is hereby authorized to discharge stormwater from a facility located at:
Foss Recycling, Inc.
4604 South York Road
Gastonia
Gaston County
to receiving waters designated as an unnamed tributary to Crowders Creek, a class C stream, 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. NCG200000 as
attached.
This certificate of coverage shall become effective May 17, 2016.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 17, 2016.
ORIGINSIGNED M
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
FROM :Mary Gilmore FAX NO. :7048249958 Dec.22 2015 11:24AM P2
.
�� Division of Energy, Mineral & Land Resources+ y say
_ Laad Quality Mineral
Permitting yp,
WD04R National Pollutant Discharge Elimination System
PERMIT NAME/OWNERSHIP CHANGE FORM
1. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Covers
INICIS101 I I I 1 1 N C G 2 0 0 3 5 0
✓ II. Permit status gjjpt to requested change,
a. Permit issued to (company name): Brutes Iron & Metal
b. Person legally responsible for permit: i k. "-dp4"
First Ml
last
C-7G1eda1 Wstalmr-4
Trtb
//Loy .t WWA-.[.1
Permit Holder Mailing Addrma
GhLTosri
M=
�s L
city State
Zip
( 70+) AV-347I (70Y)
ist osy7
Phone
Fax
c. Facility name (discharge):
$Nees Iron & Metal
d. Facility address:
4604 South York Road
Address
Gastonia NC
28052
Facility
Ci Starn
Dw.J Gt Irw•
zip
e. contact person:
I`. (lay)
-T1 70
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):
Foss Recycling, Inc.
c. Person legally responsible for permit:
R k
Pint MI
LAM
Q
TWO
7037 Highway 70 West
Porafu Holder Mailing Address
Lagrange NC 27928
City State ..., zip
(866)534 5865
Phone H-mail Addns
d. Facility name (discharge): Foss Recycling, Inc.
e. Facility address: 4604 South York Road
Address
Gastonia NC 28052
t� r� State zip
f. Facility contact person:
(419� 1 Fly NMI f O ft}.t1�
(Tone E 'I AtWrraa Y
!V_ Permit epa�4et
Rewind .an.n,tou f/_ Ot�d9pd 'r fferart from the person legally responsible for the permit)
�GLIC� v
W, 5. 4 205
FROM :Mary Gilmore FAX NO. :7048249958 Dzc.22 2015 11:24AM P3
NPDES PERMIT NAMEIOWNERSHIP CHANGE FORM
Page 2 of 2
Permit contact:
Title
Mailing Address
City State Zip
Phone &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 reaulred 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 prier 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.
✓ PE I` C R WATION (Permit holder prior to ownership change):
L, �js t , attest that this application for a name/ownership change has
beer reviewed and is ecurate and complete to the best of my knowledge. L understand that if all required
parts of this application are not completed and that if all mquired supporting information is not included,
this applicatio ckage will be re ed as incomplete.
Sign Date
AP'PtL—ICANT CERTI�j�,CATION
1, tv� Lf.. I-- F•�Jk ^— attest that this application fora 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 pkckage will be returned as incomplete.
Ravgsd Jan.
Signature
l�. 1i• f
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
Alexander, Laura
From:
MICHAEL PARKS <MPARKS@FOSSRECYCLING.COM>
Sent:
Friday, May 13, 2016 11:23 AM
To:
Alexander, Laura
Cc:
NATHAN PIPKIN
Subject:
RE: NCG200350 - Gastonia Facility
Attachments:
Bruce signed closing docs.pdf
Follow Up Flag:
Follow up
Flag Status:
Flagged
Ms. Alexander,
See attached closing documents from the purchase. Please let us know if you need anything else.
Thanks,
Michael Parks
Accounting/HR Manager
Foss Recycling, Inc.
7037 Hwy 70 West
La Grange, NC 28551
866-534-5865 x 5226
252-566-0185 fax
From: PHILIP PENNINGTON
Sent: Friday, May 13, 2016 11:17 AM
To: MICHAEL PARKS <MPARKS@FOSSRECYCLING.COM>
Cc: NATHAN PIPKIN <NPIPKIN@FOSSRECYCLING.COM>
Subject: FW: NCG200350 - Gastonia Facility
From: Alexander, Laura [mailto:laura.alexander@ncdenr.gov]
Sent: Friday, May 13, 2016 11:15 AM
To: PHILIP PENNINGTON <PPENNINGTON@FOSSRECYCLING.COM>
Subject: RE: NCG200350-Gastonia Facility
Good Morning,
Just following up on this email I sent back in February. I still don't show that we've received the requested information I
mentioned below.
Please advise.
Thanks for your help,
Laura Alexander
From: Alexander, Laura
Sent: Thursday, February 25, 2016 11:30 AM
To:'ppennington@fossrecycling.com' <ppennington@fossrecycling.com>
Subject: NCG2003SO-Gastonia Facility
Good Morning,
Back in December, we received a company ownership change form for permit NCG200350. Your name was listed as the
facility contact. Before I can make ownership changes in our system; I will need some sort of legal documentation that
shows the ownership_ change., Relevant page (s) of a contract deed or bill of sale. Once our office receives that
documentation then I can make the changes in our system.
Also, I noticed that the 2015 invoice is past due. Please see attached invoice. The invoice shows old owner name.
Thank you for your assistance,
Laura Alexander
Administrative Assistant
Stormwater Permitting Program
North Carolina Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
919 807 6368 Office
919 807 6494 Fax
laura.alexanderna ncdenr.gov
512 North Salisbury Street
1612 Mail Service Center
Raleigh, North Carolina 27699
AZI.- Nothing Compares�
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
GRAY, LAYTON, KERSH, SOLOMON, FURR & SMITH, P.A.
ATTORNEYS AT LAW
516 SOUTH NEW HOPE ROAD
P.O. BOX 2636
GASTONIA, NORTH CAROMNA 28053-2636
704-865-4400
DAVID A. LAYTOV++
JOHN D. KERSH. JR+/""
T.1. SOLOMON D'
DAVID M. FJRR"/+
DAVID W. SMPCH, 131 +
WILLIAMl E. MOORE, JR.++
JOHN H. GRHFWG'I'***
EMILY H. LEAZER+
TED F. MTCHELL'/++
CHRISTOPHa M. WHELCHEL'
MICHAEL L. CARPENTER
MARCUS R. CARPENTER
WRITER'S EMAIL. d_Ih2=XMk"—
wR15PA'S DIRECT DIAL. 70a790 50X
June 30, 2015
Foss Industries, Inc. ("Buyer")
Bruce's Iron & Metal, Inc. ("Seller")
CIIARLES D. GRAY, In (OF COUNSEL)
FACSIMILE 7D4.866-8010
FACSIMILE 704454-8313
-ALSO LICENSED IN 50=CAROLINA
"ALSO LICENSED IN FLORIDA
^•ALSO LICENSLD IN NLZv YORK
••"BOARD CERTIF® SPECIALIST WESTATE PLANNING
AND PROBATE
+MASTER OF LAWS TAXATION
+�N.C. STATE CERTDTrD FiCDIATOR
Re: Waiver'of Conflict of Interest
Purchase and Sale, 4541 York Highway, Gastonia, NC ("Transaction")
Dear Sirs:
We have represented and continue to represent Seller with respect to the above matter. We have been
asked by both clients to simultaneously represent both clients with respect to certain aspects of the
"Transaction". The purpose of this letter is to discuss with each of you the actual and potential
consequences of such simultaneous representation, and to explain the circumstances under which we
would be willing to represent both parties simultaneously if, after full consideration of the consequences,
both clients wish us to do so.
Simultaneous representation of parties with adverse interests by attorneys in the same law firm involves
a number of departures from professional norms, and should not be undertaken by any such party
without careful consideration. In particular, we want you to be aware of the following.
1. Under applicable rules of professional conduct, a law firm owes each of its clients a duty of
loyalty, which would normally preclude any attorney within the firm from undertaking a representation
adverse to any client of the firm without the affected client's informed consent. Other rules generally
prohibit a firm from undertaking any representation involving an actual or potential conflict of interest
without the informed consent of all affected parties. Such a situation exists whenever a first represents
two clients simultaneously in a situation in which their interests are actually or potentially adverse.
2. The conflict of interest, and the need for informed consent, exist no matter how cordial the
business relationship between the two parties currently is or is anticipated to be, and no matter how non-
controversial the Transaction is anticipated to be.
3. The conflict of interest, and the need for informed consent, exist even where different "client
teams" within the firm act on behalf of each client and an "ethical screen" is erected between the client
teams that prohibits the sharing of either client's confidences with the members of the other, client's
teem.
4. We do not recommend simultaneous representation of adverse parties, and have not
recommended this simultaneous representation to you. We have recommended, instead, that each party
seek separate representation. We also recommend that each of you seek the advice of independent
counsel of your own choice regarding this written consent. If, however, it is the wish of both clients that
we undertake the simultaneous representation of both parties with respect to the Transaction, we will
undertake to do so under the terms described herein.
5. It may not be possible for a single law firm to represent both parties to the Transaction in the
same aggressive manner as would two separate and independent law firms. By giving the consent
requested in this letter, you are, in effect, waiving that kind of zealous representation of your individual
and conflicting interests with respect to the Transaction. It is possible that each or both of you might be
advised by independent counsel to demand or offer different or more favorable terms and conditions
with respect to the Transaction than we can or will demand or offer.
6. Moreover, regardless of the terms upon which the matters between the two clients are concluded,
the fact that one law firm has been involved in the representation of both parties may give rise to a
perception on the part of shareholders, investors or other third parties that different terms might have
been arrived at had each of you had separate representation by an independent law firm.
7. If a dispute should arise in the future between the two of you concerning the Transaction or any
other aspect of your dealings with each other, we believe we would have to withdraw, or would be
disqualified, from representing either of you with regard to that dispute or any other relationship you
might then have with each other. You would then each have to retain separate counsel, resulting in
additional expense and inconvenience that you might not have incurred had you been separately
represented from the outset.
8. In connection with the Transaction, our representation of Buyer is limited to examining title to
the subject property, acquiring title insurance, preparing closing statement, and conducting the closing of
the real estate aspects of the Transaction for the Buyer. We have not been involved in negotiating the
Transaction or any other aspects of Buyer's representation in connection with same.
We will be pleased to answer any questions you may have concerning this representation or this
requested consent. If you do wish to consent, please sign below to indicate your consent.
)bcry tally yoArs, /
David W. Smith, III
For the Firm
ACKNOWLEDGEMENT AND CONSENT
Despite any potential or actual conflict of interest which may exist now or in the future, we hereby
consent to the firm's simttitaneous representation of both Seller and Buyer with respect to the
transaction as described above. We further agree that the firm may withdraw its representation of either
client or both clients without prejudice should it determine that continued representation might violate
applicable rules of professional conduct
Foss Industries, Inc. ("Buyer")
By: L/ 2,2 r4 ;
Bruce's Iron & Metal, Inc. ("Seller")
1
By: LeaA/
OMB NO.2502-0265 1
A -
U.S. DEPARTMENT OF HOUSINGS URBAN DEVELOPMENT
SETTLEMENT STATEMENT
B. TYPE OF LOAN:
1.0FHA
2.�FmRA 3.❑CONV. UNINS. 4,❑VA 5.QCONV. INS.
6. FILE NUMBER:
BRUCE.IR0N.METAL.15
7. LOAN NUMBER:
B. MORTGAGE INS CASE NUMBER:
C. NOTE: This form is furnished to giro you a statement aladualsettllament m4& Amountspaid to and bythe sattkment agent are shown.
Items marked -(PWI-were paid outside the dosing; they are shown here for itformedan8lpurp0&s5 and are not ftVded N the totau
0. NAME AND ADDRESS OF BUYER:
Foss Enterprises, Ina
7037 Hwy 70 West
La Grange, NC 28551
E. NAME AND ADDRESS OF SELLER:
Bru[us Iron & Metal, Ina
4604 S York Road
Gastonia, NC 28052
F. NAMEAND ADDRESS OF LENDER:
-
G. PROPERTY LOCATION:
4541 York Highway
Gastonia. NC 28052
Gaston County, North Caroline
H. SETTLEMENTAGENT. 56-1744631
GRAY tAYTON, KERSH, SOLOMON, FURR & SMITH
I. SETTLEMENT DATE:
June 30. 2015
PLACE OF SETTLEMENT
516 S. New Hop. Road
Gastonia, NO 26054
J. SUMMARY OF BUYER-STRANSAC71ON
K SUMMARY OF SELLER'STRANSACTION
100. GROSS AMOUNT DUE FROM BUYER:
400. GROSS AMOUNT DUE TO SELLER:
101. Conlrad Sales Price
500,00D.00
401. Contract Sales Prim
500,000.00
102. Personal Prop"
402. Personal Property
103. Settlement Changes 0 Bu r Une 1400
3 496.00
401
104.
404.
105,
406
Adisments For Items Paid BY Seder In adrance
Ad'usbnen(s For Items Paid Bv Seller In adsmw
106. Ci /Town Taxes l0
408. Ci /Tovm Taxes to
70-7Courty
437. County to
108, Assessments to
408. Aaessments to
109.
409.
110,
410.
411.
112,
412.
120. GROSS AMOUNT DUE FROM BUYER 503,496.00
420, GROSS AMWNT DUE TO SELLER
500,000.00
200. AMOUNTS PAID BY OR IN BEHALF OF B R•
500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. D,posAw earnest money 5 000.DO
202. Pond alAmaunt of New Loans
501. Excess Deposit See lnslrodlons
502. S,mems, Cha as 0 Seller (Ure 1400
53.350.00
203. Ewstrq loan s) taken wlej.d to
503. EAsWq loans taken sub'ed to
204
504. Payoff of first Mort e
205.
206.
505. a ff of second Mo e
506. Dep.alt reared by broker
50,000.DO
20T.
507.
205.
tea.
209.
509'
Ad dmen(s For Items Unpaid B Seder
AstmenFor l(ems Un old Seder
m
2t 0. Ci /Town Taxes to
211. Coun 01/01/15 to 07/01/15
552.24
51. C flownm Taxes b
511. County OV01/15 b 07/OV15
552.24
212. Aa enls to
512. Assesonrn6 to
213.
513.
214.
514.
215
515.
6.
516.
217.
517.
21&
518.
219.
Ste.
220. TOTAL PAID BYIFOR BUYER
50.552.24
520. TOTAL REDUCTION AMOUNT DUE SELLER
103,902.24
300. CASH AT SETTLEMENT FROMRO BUYER:
301, Gross Amount Due From Bu Une 1201 1 503,496.00
302. Less Amount Paid By/For Buyer (Line MO( 50,552.24
600. CASH AT SETTLEMENT TO/FROM SELLER:
601. Cross Amount Due To Seger Line 420 500 000.00
602. Loss Redudiorvs Due SGIu Une 520) 103.9D2 uu
303. CASH ( X FROM) ( TO) BUYER 452,943.76
603. CASH ( X TO) ( FROM) SELI. ER 396,09776
nuo-t'3 )aE n.
Gq 2
• L SETTLEMENT CHARGES
700, TOTAL COMMISSION Based on Prim $ 1,275,000.00 U 8.0000 % 102.000.00
wo vn.
wmis
GUNow
serr(Encr+t
allo mou
sE2:ms
FUNDSAT
MTTtDuarr
Dhasion of Comns=on e700 as Fosows
701,$1IO2.000.00 to COWwoll Banker Commercial Mew Less Deposes Retain 50.000.00
702. $ to
703. Commission P.Id at Seftlement
52.000.00
704. b
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origin.fion Fee % to
802. Loan Dlsmunt Y to
803, Appraisal Foe to
8D4. Credit Report to
805. Lenders lnspedon Fee to
E56 Mortwge Ins. App. Fee to
807. P=- mpJon Fee to
BOB.
BO .
810.
ell.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest From to @ $ /day de %
002. Vorno.q. lnsuranm Premum for monMs to
903, H=,d Insurance Premium for 1.0 were to
9D4.
805.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hamrd Insuranoo @ por
1002. Morta e Inwran® $ of
D03. 1 per
1004. County $ er
1005. Assessments $ per
1006, $ mr
1007. @ $ per
1008, $ per
1100. TITLE CHARGES
1101. Settlement or CbsNg Fee b GRAY, LAITON,
KERSH, SOLOMON,
FURR &SMITH
2,500.00
1102. Dowment & Courier Fee tD GRAY, LAITON,
KERSH, SOLOMON,
FURR &SMITH
30.00
1103. Tide Update to Cynmw W. Jenkins
80.00
1104, Tide Insurance Binder w
1105. Dowment Preparabon to GRAY LAYTON ,RSH, SOLOMON. FURR & SMITH
350.00
1108. N.w,y Fees to
1107. A2brno�s Feet to
lrs udes above Rem numbers
1106. Tula lnwran. to Morehead Title Insurnncn
860.00
intludes above Rem numbers
1109. Lenders Coverage
1110, Owners Coverae 5 1,275,000.00
1111.
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Remrding Foos Deed $ 2600; Mortgage $ Releases $
28.DOT
1202. Ci Coun a Smm s: Deetl ' mortgage
1203, State TmdStam s: Revenue Stems 1 000.00: Mortgage
1,000.00
204.
1205.
1300, ADDITIONAL SETTLEMENT CHARGES
1301. Sun, to
1302. PostInspedon 10
1303.
1304.
1305.
1400. TOTAL SETTLEMENT CHARGES Entaron Llncs 103, Section J and 502Section K)
3,496.00
53,350.00
i�9 Naes,
GRAY, tA(TON, KERSH, SOLOMON. FURR & SMITH
SettlemmtAgam
(MUCEInCNNET 151FnUCEinMIIEr.V.15/12)
ACKNOWLEDGMENT OF RECEIPT OF SETTLEMENT STATEMENT
Buyer:
Foss Enterprises, Inc.
Seller:
Bruce's Iron & Metal, Inc.
Settlement Agent:
GRAY, LAYTON, KERSH, SOLOMON, FURR & SMITH
(704)865.4400
Place of Settlement:
516 S. New Hope Road
Gastonia, NC 28054
Settlement Date:
June 30, 2015
Property Location:
4541 York Highway
Gastonia, INC 28052
Gaston County, North Carolina
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, It Is a true and
accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further
certify that I have received a copy of the HUD-1 Settlement Statement.
Foss
terprises, Inc.
Bruce's I n & tal, Inc.
BY:
0
BY:��a
The Buyer and Seller this date have checked,
reviewed and approved the figures appearing on the
Disclosure/Settlement Statement (Statement of Actual
Costs), consisting of two (2) pages. Buyer
acknowledges receipt of the payment of the loan
proceeds in full, and Seller acknowledges payment In
full of the proceeds due Seller from the settlement.
The Buyer and Seller understand that the tax
prorations shown on the Settlement Statement are
based on information provided by the County Tax
Office. If current year lax bills are unavailable at the
time of closing, taxes are prorated using an estimate
of tax value determined by the tax bill from the prior
year or, if no such bill is available, the purchase price
for the property. 2015 is a property tax revaluation
year in Gaston County so the estimate could vary
significantly from the actual taxes due on the property.
The Buyer and Seller agree to adjust the tax
prorations shown on the Settlement Statement when
the actual ad valorem tax bill is rendered. Seller
agrees to forward the next tax bill to Buyer
immediately upon receipt of the bill from the tax office.
Buyer understands that the next tax bill (even though
in the name of the Seller) is the responsibility of the
Buyer.
Seller understands that the payoff figure(s) (if any)
shown on the first page of the Settlement Statement
are figures supplied to the Settlement Agent by the
Seller's lender(s) and is /are subject to confirmation
upon tender of payment. If the payoff figure(s) are
inaccurate, Seller agrees to immediately pay any
snortage(s) that may exist.
As part of the consideration of this sale, the contract
between the parties is by reference incorporated
herein and made a part hereof, the terms and
conditions contained therein shall survive the closing
and shall not merge upon the delivery of the warranty
deed.
I have carefully reviewed the HUD-1 Settlement
Statement and to the best of my knowledge and belief,
it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this
transaction. I further certify that I have received a
copy of the HUD-1 Settlement Statement.
.u., 1.).6 FB6YKi
GRAY, LAYTON, KERSH, SOLOMON, FURR & SMITH, P.A.
ATTORNEYS AT LAW
516 SOUTH NEW HOPE ROAD
P.O. BOX 2636
GASTONIA, NORTH CAROLINA 28053-2636
704-865-4400
iota+ D. KERSH. JR.+/'•.•
Tl. SOLOMON II•
DAVID M. FURR`•H
DAVLD W. SMRH, L11,
WELIA�M E. MOORE, JR.+
JOHN H. GRIFFING-/'`"'
UWLY H. LEAZER+
TETJ F. MITCHELL•/++
CHRISTOPHER M. WHELCHEL•
MICHAEL L. CARPENTER
MARCUS R. CARPENTER
NRUTSR'5 ESLVL. d�mith(dgumnlevpl mm
UIMUOU". 010111r�
To: Foss Enterprises, Inc.
From: David W. Smith, III, Attorney
Dated: June 30, 2015
Re: Tax Parcel 145122 (Brute's Iron & Metal, Inc.)
CHARLES D. GRAY, HI (OF COUNSEL)
DAVD) A. LAYTON(OF COUNSEL)
FACSIMILE 704-866-8010
FACSIMILE 704-854-8313
'ALSO LICENSED W SOUTH CAROLINA
-ALSO LICENSED IN FLORIDA
••••BOARD CERTIFIED SPECW.iST IN ESTATE PWN .WO
AND PROBATE
SMARTER OF LAWS IN TAXATION
-NC. SPATE CERT� h DL%TOR
We have investigated the status of the property tax valuation for the above captioned property. For 2014,
the taxable market value of the property was $581,051.00, but the property was taxed on a valuation of
S 115,403.00 under North Carolina General Statute 105-275 (8) which provides an exemption for
property used for air cleaning or waste disposal or to abate, reduce, or prevent the pollution of air or
water. According to David Turbyfill at the Gaston County Tax Office, the tax value for 2015 is about
the same so we have used that value ($115,403.00) to prorate the 2015 taxes. Mr. Turbyfill advises that
there is no deferral or roll back taxes on the subject property. He also advises that to preserve the
exemption, the new owner should apply for the continuation of the exemption by filing a form with the
Gaston County Tax Office and with the North Carolina Department of Natural Resources within thirty
days of closing.
The new purchaser should act accordingly. We are taking no action with regard to the continuation of
the tax valuation exemption.
Please sign below to acknowledge receipt of this memo.
Foss Enterprises, Inc.
Dated:y 0 J 17 By: ( w� �o�Yr
SELLER:
ASSETS
CLOSING DATE:
RECEIPTS:
SETTLEMENT STATEMENT/DISBURSEMENTS
BRUCE'S IRON AND METAL, INC.
FOSS ENTERPRISES, INC.
Certain assets related to Sellers' operation of business, including goodwill
June 30, 2015
Wired Funds (Buyers)
Deposit with Broker
TOTAL RECEIPTS:
DISBURSEMENTS:
1. Net Proceeds to Seller per HUD
for land and building (see attached)
2. Additional funds to Seller for Exhibit B assets
other than land and building
3. Disbursements to third parties
TOTAL DISBURSEMENT TO SELLER:
$1,227,943.76
$ 50,000.00
$396,097.76
$775,000.00
$106,846,00
$1,277,943.76
$1,171,097.76
TOTAL DISBURSEMENTS: $1,277,943.76
SIGNATURE PAGE TO SETTLEMENT STATEMENT
The undersigned hereby certify that they have carefully reviewed the Settlement Statement and to the best of
their knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on their
account or by them in this transaction.
SELLER:
BRUCE'S IRON AND METAL, INC.
By:
Name: D vid Wofford
Title: President
BUYER:
FOSS ENTERPRISES, INC.
By: By: —T0111t ti.,1 6;��- a,,
Name: ! S. nnM c �, �s's 31.
Title: President
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that BRUCE'S IRON AND METAL,
INC., ("Seller"), for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration received to its
full satisfaction of FOSS ENTERPRISES, INC. ("Buyer"), hereby
bargains, sells, assigns, transfers and conveys to the Buyer pursuant
to Exhibit B of the Agreement for Purchase and Sale of Real Property
dated June 12, 2015, as amended June 24, 2015, ("Purchase Agreement")
all of its right, title and interest in and to those Assets set forth
on Exhibit B of the Purchase Agreement other than the real property
which was conveyed by deed.
TO HAVE AND TO HOLD the same unto it, the Buyer, its successors
and assigns, forever to its use. The Seller, for itself, its
successors and assigns, covenants.and agrees with the Buyer, its
successors and assigns, that it is the lawful owner of the assets
hereby transferred; that all the assets are free from all liens,
charges, assessments, taxes, mortgages, pledges, condition sale
agreements, security agreements and encumbrances of any kind
whatsoever, except as specifically set forth in the Purchase
Agreement; that it has the right to sell and assign to the Buyer,
its successors and assigns against all persons or entities
whatsoever.
IN WITNESS WHEREOF, the parties have caused their duly
authorized officers to execute this instrument on their behalf, this
the.3011- day of June, 2015.
SELLER:
BRUCE'S IRON & METAL, INC.
By Av
�l/V offo Presl.dent
BUYER:
FOSS ENTERPRISES, INC.
'-1
By ���.e (. v
�, M, [,F.i5 j,_ Pre6gident
.Tune 30, 2015
Bill of Salu.Bt ce's Iron & Metal.FOSB Bnterprisc0
Michael 17. Easley, Governor
\oaoF w A rFRaG
November 20, 2006
David Gilmore
Bruces Iron & Metal
4604 S York Rd
Gastonia NC, 28052
William G. Ross Jr, Secretary
North Carolina Department or Env iron ment and Natural Resources
Nan W. Klink, P.E. Director
Division of Water Quality
Subject: NPDES Stormwater Permit Coverage Renewal
Bruces Iron & Metal
CDC # NCG200350
Gaston County
Dear Permittee:
In response to your renewal application for continued coverage under general permit NCG200000 the Division of
Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. Due to resource constraints,
the Division has been unable to adequately consider appropriate modifications to the permit. Therefore, the permit
has been reissued without changes from the previous permit, so all conditions remain the same. The permit term for
the reissued permit is two years, expiring on September 30, 2008. The general permit may be modified and reissued
prior to its expiration. The 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 new Certificate of Coverage
A copy of General Stormwater Permit NCG200000
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 Catawba of the Central Office Stormwater
Permitting Unit at (919) 733-5083, ext. Aisha Lau.
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater & General Permits Unit Files
Mooresville Regional Office
0.,
NorthCarolina
,Nalurally
Wetlands and Stor neater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083
Internet: h2o,enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733 9612
An Equal 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. NCG200000
CERTIFICATE OF COVERAGE No. NCG200350
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,
BRUCES IRON & METAL
is hereby authorized to discharge stormwater from a facility located at
Bruces Iron & Metal
4604 S York Rd
Gastonia
Gaston County �Lsy V
1G
to receiving waters designated as , a Unnamed Tributary to Crowders Cree4stream, in the Ct iver
Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth
in Parts I, ll, III, IV, V, and VI of General Permit No. NCG200000 as attached.
This certificate of coverage shall become effective November 20, 2006.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day November 20, 2006
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
\o�aF W AT �9Q�
� r
t] �
July 25, 2005
David Gilmore
Bruces Iron & Metal
4604 S York Rd
Gastonia, NC, 28052
Michael F. Hasley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division or Water Quality
Subject: NPDES Stormwater Permit Coverage Renewal
Bruces Iron & Metal
CDC NumberNCG200350
Gaston County
Dear Permittee:
Your facility is currently covered for stormwater discharge under General Permit NCG200000. This permit expires on
October 31, 2005. The Division staff is currently in the process of renewing this permit. When a draft version is
available for notice and public comment, it will be posted on our website at http://h2o.enr.state.nc.us/su/. Once
the permit is reissued, your facility would be eligible for continued coverage under the reissued permit.
In order to assure your continued coverage under the general permit, you must apply to the Division of Water
Quality (DWQ) for renewal of your permit coverage. To make this renewal process easier, enclosed you will find a
Permit Coverage Renewal Application Form. The application must be completed and returned by August 19, 2005 in
order to assure continued coverage under the general permit. Letters confirming our receipt of the completed
application will not be sent.
Failure to request renewal within the time period specified may result in a civil assessment of at least $250.00.
Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your
facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and
could result in assessments of civil penalties of up to $10,000 per day.
Please note that "no exposure exclusion" is now available to all operators of industrial facilities in any of the
categories of "storm water discharges associated with industrial activity," (except construction activities). If you feel
your facility can certify a condition of "no exposure", i.e. the facility industrial materials and operations are not
exposed to stormwater, you can apply for the no exposure exclusion. For additional information contact the Central
Office Stormwater Staff member listed below or check the Stormwater Permitting Unit Web Site at
http://h2o.enr.state.nc.us/su/.
If the subject stormwater discharge to waters of the state has been terminated, please complete the enclosed
Rescission Request Form. Mailing instructions can be found on the bottom of the form. You will be notified when
the rescission process has been completed.
If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Central Office
Stormwater Permitting Unit at (919) 733-5083, ext. 578.
Sincerely,
Bradley Bennett
Supervisor, Stormwater & General Permit Unit
Cc: Central Files
Mooresville Regional Office
SWPU Files
Wetlands and Stormwater 131 anch 1017 Mail Scivice Centcr Raleigh, NC 27699-1617 Phone (919) 733-5H3
Internet: h2o.em.state.naus 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-9612
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
0.
No thCarolina
AWUrnlly
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Kerr T. Stevens, Director
January 16, 2001
DAVID GILMORE
BRUCE'S IRON & METAL INC
4604 S YORK RD
GASTONIA, NC 28052
�a
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Reissue - NPDES Stormwater Permit
Bruce's Iron & Metal Inc
COC Number NCG200350
Gaston County
Dear Permittee:
In accordance with your application for a discharge permit received on July 25, 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 Water
Quality. The Division of Water Quality 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
Water Quality 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.
Enclosed is a permit package which contains the following information:
* A copy of general stormwater permit NCG200000
* Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form
* A copy of a Technical Bulletin for the general permit which outlines key requirements and addresses
frequently asked questions
* A Certificate of Coverage
If you have any questions concerning this permit, please contact Aisha Lau at telephone number (919) 733-5083 ext.
578.
Sincerely,
�^��I
ri, MlSv
for Kerr T. SteN ens
cc: Central Files
Stormwater and General permits Unit Files
Mooresville Regional Office
1617 Mail service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919
An Equal 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. NCG200000
CERTIFICATE OF COVERAGE No. NCG200350
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215J, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
BRUCE'S IRON & METAL INC
is hereby authorized to discharge stormwater from a facility located at
BRUCE'S IRON & METAL INC
GASTON COUNTY
to receiving waters designated as an unnamed tributary to Crowders Creek, a class C stream, in the Catawba River
Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1.
II, Ill, IV, V, and VI of General Permit No. NCG200000 as attached.
This certificate of coverage shall become effective January 16, 2001.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day January 16, 2001.
%JALS11mr.)
W WAM C. MILLS
for Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
;J
i
0
rd
m
ON
FACILITY
Bruce's Iron & Metal, Inc.
COUNTY
Gaston
NPDES
NCG�30350
MAP#
G14NW
DSN FLOW
NA
SUB BASIN
03-08-37
LATTITUDE
350 11' 30"
LONGITUDE
810 12' 25"
RCVNG. STREAM
UT Crowders Creek
STREAM CLASS
C
DSCHRG. CLASS
Stormwater
EXP. DATE
8/31/97
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
November 9, 2000
DAVID GILMORE
BRUCE'S IRON & METAL INC
4604 S YORK RD
GASTONIA, NC 28052
1�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCE5
Subject: NPDES Stormwater Permit Renewal
Bruce's Iron & Metal Inc
COC Number NCG030350
Gaston County
Dear Permittee:
The general stormwater permit for scrap metal recycling industries, NCG200000, was issued on
November 1, 2000. Since there has been a considerable time lag since your permit application was received on
July 25, 1995 this letter is being sent to ensure that the contact information that we have is correct.
Enclosed with this letter you should find a contact information update form with the information that the
Division has on your facility. Please check to see whether or not this information is correct. If any of the
information has changed from what our records show, please make the appropriate corrections in the empty
blanks to the right of the information and mail the corrected form to us by December 8, 2000. Sign and mail the
information form regardless of whether or not any changes need to be made.
Upon receipt of your information form you will be mailed a Certificate of Coverage with a new number of the
format NCG200***. If you were one of the few facilities that received coverage under the NCG030000 general
permit prior to the issuance of this permit your existing NCG030000 permit coverage will be rescinded
concurrent with the issuance of your new Certificate of Coverage.
Thank you for your continued cooperation in complying with the Federal NPDES stormwater permitting
program. If you have any questions regarding this request please contact Ms. Valery Stephens at
(919) 733-5083, ext. 520.
Sincerely,
bneZ-
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: CStormwater.and General,Permiis-Unit-4
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper